CONSTITUTIONAL LAW I REVIEWER_RDD

8/7/2019 CONSTITUTIONAL LAW I REVIEWER_RDD

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CONSTITUTIONAL LAW I REVIEWER ARTICLE VILegislative Department

Section I : THE LEGISLATIVE POWER SHALL BE VESTED IN THE CONGRESS OF THEPHILIPPINES

WHICH SHALL CONSIST OF A SENATE AND A HOUSE OF REPRESENTATIVE,EXCEPT TO THE EXTENT RESERVED TO THE PEOPLE BY THE PROVISION ONINITIATIVE AND REFERENDUM,

POWERS OF THE CONGRESS1) LEGISLATIVE POWER IN GENERAL

Refers to the power to enact, alter or repeal laws.2) SPECIFIC LEGISLATIVE POWERS

These are powers expressly conferred by the Constitution. Ex. Power of Appropriation, Poweof Taxation, Power of Expropriation

3) NON-LEGISLATIVE POWERS These are powers not legislative in nature but which are performed by Congress. Ex. Power topropose Amendments, Power to Impeach, Power to canvass

4) IMPLIED POWERS These are powers not expressly conferred to by the Constitution but which are implied fromthose expressly granted. Ex. Power to punish a person in contempt, Power to issue summons

5) INHERENT POWERSEx. Power to determine the rules of its proceedings.

(I)BICAMERAL BODY consists of a Senate, elected by a nation at large, and a House oRepresentatives, elected by district.

ADVANTAGES OF BICAMERALISM1) allows for a body with a national perspective to check the parochial tendency o

representatives elected by district;2) allows for more careful study of legislation;

3) makes the legislature less susceptible to control by the Executive;4) serves as training ground for national leaders.

ADVANTAGES OF UNICAMERALISM1) simplicity of organization resulting in economy and efficiency;2) facility in pinpointing responsibility for legislation;3) avoidance of duplication.4) Greater responsiveness to the needs of the masses because representatives, unlike senators

without a fixed constituency, are forced to interact more intensely with their limited andclearly identifiable constituencies.

(II)NATURE OF LEGISLATIVE POWERLEGISLATIVE POWER is the authority to enact, amend/alter and repeal laws.

It is vested in the Congress which shall consist of a Senate and a House of Representatives,except to the extent reserved to the people by the provision on initiative andreferendum.

KINDS/CLASSIFICATION OF LEGISLATIVE POWER1) Original - legislative power is possessed by the sovereign people2) Derivative- legislative power is delegated by the sovereign people to legislative bodiesand is

subordinate to the original power of the people3) Constituent- legislative power to amend or revise the Constitution



4) Ordinary - legislative power to pass ordinary laws.

COROLLARY OF LEGISLATIVE POWER1) Principle of Non-Delegability of legislative power: Congress alone can make laws and may not

delegate its law making power.2) Congress cannot pass irrepealable laws. Reasons:

i) it may alter the very Constitution from which it derives its authority;ii) it could in the same degree reduce the legislative power of its successor;iii)the process might be repeated until one by one, the subject of legislation would be

excludedaltogether from their control, and the constitutional provision that the legislative power shal

bevested in two houses would be to a greater or less degree rendered ineffectual.

(III)SEPARATION OF POWERSSEPARATION OF POWERS means that legislation belongs to Congress, execution to the Executivesettlement of legal controversies to the judiciary. But the separation is not total, the system allowsfor check and balances, that is, no one department is able to act without the cooperation of at leasone of the other departments.

PURPOSE OF SEPARATION OF POWERS AND CHECKS AND BALANCES is to prevent concentration ofpowers in one department and thereby to avoid tyranny.

(IV)LIMITS ON LEGISLATIVE POWERS The powers of each department are limited and confined within the four walls of the Constitution othe Charter. Therefore, the waves of legislative enactment may dash, but over which it cannoleap.

LIMITATIONS TO LEGISLATIVE POWER1) Substantive limitation - curtails the contents of law. Ex.: EBITAT(Ex-post facto

law, Bill of Attainder, Impairment of the obligation of contract, Title oRoyalty or Nobility, Appellate Jurisdiction, Tax Exemption

2) Procedural Limitation- curtails the manner of passing the law. Ex.: a bill must begenerally be approved by the President before it becomes law.

ON WHAT SUBJECT MATTER MAY CONGRESS LEGISLATE The legislative powers of the Congress is plenary, which means, they may legislate on any subjectmatter provided that the substantive and procedural limitations found in the Constitution areobserved.

(V)THE HOLDERS OF LEGISLATIVE POWERS1) Congress, except to the extent reserved to the people by the provision on initiative and

referendum;2) People through initiative and referendum, in which, the people can directly propose and

enactlaws or approve or reject any act or law or part thereof passed by the Congress or localegislative body after the registration of the petition therefore signed by at least ten percentum of the total number of registered voters, of which every legislative district must berepresented by at least three per centum of the registered voters thereof.

The purpose of legislative power through initiative and referendum is to institutionalize thepeople power by providing for an instrument which can be used should the legislature showitself indifferent to the needs of the people.

3) President in emergency.



(VI)NON-DELEGABILITY OF LEGISLATIVE POWER The Congress cannot delegate its legislative power to make laws, alter and repeal them except:1) by immemorial practice, legislative power may be delegated to local governments tolegislate

purely on local matters; to administrative bodies;2) the Constitution itself might in specific instances allow delegation of legislative power, e.gArticle VI, Sec.23(2), authorizes congress, in times of war and other national emergencies, to give the Presidentpowers necessary and proper to carry out a declared national policy. Sec. 28(2), authorizes Congress to delegatethe power to fix tariff rates, import and export quotas, tonnage and wharfage dues, and other duties and imposts.

IDEAS THAT HAVE CONTRIBUTED TO THE PRINCIPLE THAT LP CANNOT BE DELEGATED1) Doctrine of Separation of Powers2) Concept of Due Process of Law3) Delegata potestas non potest delegari (no delegated powers can be futher delegated)

NON-DELEGABILITY THEORY1. Non-legislative body may be authorized to fill up the details of a statute.2. Congress may pass contingent legislation which leaves to another body the business of

ascertaining the facts necessary to bring the law into actual operation.

HOW TO ENSURE THAT THE POWER DELEGATED IS NOT LAW-MAKING POWER BUT LAW EXECUTIONPOWER

1) The statute making the delegation must be complete in itself 2) …must fix the standard.

IS NOT LEGISLATIVE POWER DELEGATED TO ADMINISTRATIVE AGENCIESNo. Rule-making power or law execution is being delegated to administrative agencies not thelegislative power.

INITIATIVE It is the power of the people to propose amendments to the Constitution or topropose or enact legislation through an election called for the purpose.

THREE(3) SYSTEMS OF INITIATIVE: (1) Initiative on the Constitution; (2) Initiative onStatutes; (3) Initiative on Local Legislation.

REFERENDUM It is the power of the electorate to approve or reject legislation through an electioncalled for the purpose.

KINDS OF REFERENDUM: (1) Referendum on Statutes; (2) Referendum on Local Laws

COMPOSITION OF THE SENATE

Section 2. : THE SENATE SHALL BE COMPOSED OF TWENTY-FOUR SENATORS WHO SHALL

BE ELECTED AT LARGE BY THE QUALIFIED VOTERS OF THE PHILIPPINES, AS MAYBE

PROVIDED BY LAW.

QUALIFICATIONS OF SENATORS

Section 3 : NO PERSON SHALL BE A SENATOR UNLESS HE IS A NATURAL-BORN CITIZENOF THE



PHILIPPINES,AND, ON THE DAY OF THE ELECTION, IS AT LEAST THIRTY FIVE YEARS OF AGE, ABLE TO READ AND WRITE, A REGISTERED VOTER, AND ARESIDENT OF THE PHILIPPINES FOR NOT LESS THAN TWO YEARS IMMEDIATELYPRECEEDING THE DAY OF THE ELECTION.

TERM OF OFFICE

Section 4 : THE TERM OF OFFICE OF THE SENATORS SHALL BE SIX YEARS AND SHALLCOMMENCE, UNLESS OTHERWISE PROVIDED BY LAW, AT NOON ON THE 30 TH

DAY OF JUNE NEXT FOLLOWING THEIR ELECTION.

NO SENATOR SHALL SERVE FOR MORE THAN TWO CONSECUTIVE TERMSVOLUNTARY RENUNCIATION OF THE OFFICE FOR ANY LENGTH OF TIME SHALLNOT BE CONSIDERED AS AN INTERRUPTION IN THE CONTINUITY OF HISSERVICE FOR THE FULL TERM FOR WHICH HE WAS ELECTED.

DISQUALIFICATIONS1) Par 2, Section 4, Article VI;2) One who has been declared by competent authority as insane or incompetent;3) One who has been sentenced by final judgment for subversion, insurrection, rebellion, any

offense for which he has been sentenced to a penalty of not more than 18 months, or acrime involving moral turpitude, unless given plenary pardon or granted amnesty.

SET - Senate Electoral Tribunal, composed of three(3) Supreme Court justices and six(6)Senators- to act as sole judge of all contest relating to election returns andqualifications of their respective members.

REMOVAL thru expulsion by the Senate with the concurrence of two-thirds of all its members.

Senator can run again three years after the expiration of his second term.

COMPOSITION OF THE HOUSE OF REPRESENTATIVES

Section 5.: (1)THE HOUSE OF REPRESENTATIVES SHALL BE COMPOSED OF NOT MORE THAN TWO HUNDRED FIFTY MEMBERS(250), UNLESS OTHERWISE FIXED BY LAW, WHOSHALL BE ELECTED FROM LEGISLATIVE DISTRICTS APPORTIONED AMONGPROVINCES, CITIES, AND THE METROPOLITAN AREA IN ACCORDANCE WITH THENUMBER OF THEIR RESPECTIVE INHABITANTS, AND ON THE BASIS OF A UNIFORMAND PROGRESSIVE RATIO, AND THOSE WHO, AS PROVIDED BY LAW, SHALL BEELECTED FROM A PARTY LIST SYSTEM OF REGISTERED NATIONAL, REGIONAL, ANDSECTORAL PARTIES OR ORGANIZATIONS.

(2) THE PARTY-LIST REPRESENTATIVES SHALL CONSTITUTE TWENTY PER CENTUM OF THE

TOTAL NUMBER OF REPRESENTATIVES INCLUDING THOSE UNDER THE PARTY LISTFOR THREE CONSECUTIVE TERMS AFTER THE RATIFICATION OF THIS CONSTITUTION,

ONE-HALF OF THE SEATS ALLOCATED TO PARTY LIST REPRESENTATIVES SHALL BEFILLED, AS PROVIDED BY LAW, BY SELECTION OR ELECTION FROM THE LABORPEASANT, URBAN POOR, INDIGENOUS CULTURAL COMMUNITIES, WOMEN, YOUTHAND SUCH OTHER SECTORS AS MAY BE PROVIDED BY LAW, EXCEPT THE RELIGIOUSSECTOR.

(3) EACH LEGISLATIVE DISTRICT SHALL COMPRISE, AS FAR AS PRACTICEABLECONTIGOUS,





b) must not be disqualified under Section 6, RA 7941;

c) must not be an adjunct of, or a project organized or an entity funded or assistedby the government;

d) must not only comply with the requirements of the law; its nominees muslikewise do so;

e) must be able to contribute to the formulation and enactment of appropriate

legislation that will benefit the nation as a whole.

QUALIFICATION OF PARTY-LIST NOMINEE1) Natural-born citizen;2) A registered voter;3) At least 25 years old on the day of election;4) Able to read and write;5) A bona fide member of the party or organization he seeks to represent for at least 90

days preceding the day of election;

DISQUALIFIED ORGANIZATION1) A religious sect;2) Advocates violence or unlawful means to seek its goal;

3) Receiving any support from foreign government;4) A foreign party or organization;5) It violates or fails to comply with laws, rules, regulations relating to elections;6) It declares untruthful statements in its petition;7) It has ceased to exist for at least one year;8) It fails to participate in the last two preceding elections or fails to obtain at least 2% of the

votes cast in the 2 preceding elections.

MANNER OF VOTINGSection 10, RA7941, every voter shall be entitled to two votes: (1) for candidate for member of theHOR in his legislative district, and (2) for the party, organizations or coalition he wants representedin HOR. Provided, that a vote cast for a party, organizations, or coalition not entitled to be voted foshall not be counted.

RESIDENCE means a place of abode, whether permanent or temporary. As used in the electionlaw, is synonymous with domicle which imports not only intention to reside in a fixed place but alsopersonal presence in that place coupled with conduct indicative of such intention.

DOMICILE means permanent residence to which one, when absent, has the intention to return.

To effectively change/acquire domicile by choice:a) Residence or bodily presence in the locality;b) there must basically animus manendi coupled with animus non revertendi.

ANIMUS MANENDI means intention of remaining in order to acquire domicle.ANIMUS NON REVERTENDI means intention to abandon the old domicile.

TERM OF OFFICE

Section 7 : THE MEMBERS OF THE HOUSE OF REPRESENTATIVES SHALL BE ELECTED FOR A TERMOF THREE YEARS WHICH SHALL BEGIN, UNLESS OTHERWISE PROVIDED BY LAW, ATNOON ON THE 30 TH 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 THECONTINUITY OF HIS SERVICE FOR THE FULL TERM FOR WHICH HE WAS ELECTED.

ELECTION OF MEMBERS OF HOR

Section 8 : UNLESS OTHERWISE PROVIDED BY LAW, THE REGULAR ELECTION OF THE SENATORSAND THE MEMBERS OF THE HOUSE REPRESENTATIVES SHALL BE HELD ON THESECOND MONDAY OF MAY.

VACANCY IN HOR

Section 9 : IN CASE OF VACANCY IN THE SENATE OR IN THE HOUSE OF REPRESENTATIVES, ASPECIAL ELECTION MAY BE CALLED TO FILL SUCH VACANCY IN THE MANNERPRESCRIBED BY LAW, BUT THE SENATOR OR MEMBER OF THE HOUSE OFREPRESENTATIVES THUS ELECTED SHALL SERVE ONLY FOR THE UNEXPIRED TERM.

The right and duty to hold special election emanates from a statute, discretionary on the part of theCongress and not from a call for the election by some authority like the COMELEC.

SALARIES OF SENATORS AND MEMBERS OF THE HOR

Section 10: THE SALRIES OF THE SENATORS AND THE MEMBERS OF THE HOUSE OFREPRESENTATIVES SHALL BE DETERMINED BY LAW. NO INCREASE IN SAIDCOMPENSATION SHALL TAKE EFFECT UNTIL AFTER THE EXPIRATION OF THE FULL

TERM OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVESAPPROVING SUCH INCREASE.

REASON FOR THE DELAYED EFFECT OF THE INCREASED SALARYIts purpose is to place a legal bar to the legislators’ yielding to the natural temptation to increasetheir salaries.

LIMIT ON ALLOWANCES There is no legal limit on the amount to be appropriated except moral, because, according toSection 20, the books of Congress are audited by the Commission on Audit which shall publishannually an itemized list of amounts paid and expenses incurred for each member.

PRIVILEGE OF MEMBERS OF THE CONGRESS

Section 11 : A SENATOR OR MEMBER OF THE HOUSE OF REPRESENTATIVES SHALL, IN ALLOFFENSES PUNISHABLE BY NOT MORE THAN SIX YEARS IMPRISONMENT, BEPRIVILEGED FROM ARREST WHILE THE CONGRESS IS IN SESSION. NO MEMBER SHALLBE QUESTIONED NOR BE HELD LIABLE IN ANY OTHER PLACE FOR ANY SPEECH ORDEBATE IN THE CONGRESS OR IN ANY COMMITTEE THEREOF.

(I)PRIVILEGE FROM ARREST In 1935 Constitution, the privilege was only from civil arrest, in 1987 Constitution, a legislator isprivileged from arrest even for a criminal offense provided that the offense is not punishable by apenalty of not more than six years.

It is available while the Congress is in session whether regular or special, whether the legislator isactually attending a session or not. Hence, it is not available during recess since its purpose is toprotect legislator against harassment which will keep him away from legislative sessions.



(II)PARLIAMENTARY FREEDOM OF SPEECH AND DEBATE

“NO member shall be questioned nor be held liable in any other place for any speech or debate inthe

congress or in any committee thereof”

SCOPE

1) The privilege is a protection of only against forums other than the Congress itself. It does noprotectthe legislator from the disciplinary authority of the Congress but it is an absolute protectionagainst libel;

2) Speech and debate made in the performance of official functions which constitutes legislativeaction or of matters which the Constitution has placed within the jurisdiction of the Congress.

PURPOSEIt is intended to leave the legislator unimpeded in the performance of his duties and free from fearof harassment from outside. The privilege is extended to its agents and aids if it assisted thelegislator in the performance of legislative action.

PUBLIC DISCLOSURE/CONFLICT OF INTEREST

Section 12 : ALL MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL, UPONASSUMPTION OF OFFICE, MAKE A FULL DISCLOSURE OF THEIR FINANCIAL ANDBUSINESS INTERESTS. THEY SHALL NOTIFY THE HOUSE CONCERNED OF APOTENTIAL CONFLICT OF INTEREST THAT MAY ARISE FROM THE FILING OF APROPOSED LEGISLATION OF WHICH THEY ARE AUTHORS.

The advance disclosure would create a presumption in favor of the legislator concerned should helater be charged by his colleagues with personal or conflict of interest.

PURPOSE To prevent them from using the influence of their position and to reduce, if not toeliminate the propagation of their personal and business interest especially thosewhich are contrary to and adverse to public interest.

PROHIBITIONS AGAINST MEMBERS OF THE CONGRESS

Section 13 : NO SENATOR OR MEMBER OF THE HOUSE OF REPRESENTATIVES MAY HOLD ANYOTHER OFFICE OR EMPLOYMENT IN THE GOVERNMENT, OR ANY SUBDIVISIONAGENCY, OR INSTRUMENTALITY THEREOF, INCLUDING GOVERNMENT OWNED ANDCONTROLLED CORPORATIONS OR THEIR SUBSIDIARIES, DURING HIS TERM WITHOUTFORFEITING HIS SEAT. NEITHER SHALL HE BE APPOINTED TO ANY OFFICE WHICHMAY HAVE BEEN CREATED OR THE EMOLUMENTS THEREOF INCREASED DURING THE

TERM FOR WHICH HE WAS ELECTED.

INCOMPATIBLE OFFICE may not hold office or employment in government without forfeitinghis seat. The purpose is to prevent him from owing loyalty to anothebranch of the government to the detriment of the independence of thelegislature and the doctrine of separation of powers.

FORBIDDEN OFFICE may not be appointed to any office (civil or military) created oemoluments increased during the term for which he was elected, evenif he resigns. The purpose is to prevent trafficking in public office.



PROHIBITIONS AGAINST MEMBERS OF THE CONGRESS RELATIVE TO THE PRACTICE OFHIS PROFESSION

Section 14 : NO SENATOR OR MEMBER OF THE HOUSE OF REPRESENTATIVES MAY PERSONALLYAPPEAR AS COUNSEL BEFORE ANY COURT OF JUSTICE OR BEFORE THE ELECTRICAL

TRIBUNALS, OR QUASI-JUDICIAL AND OTHER ADMINISTRATIVE BODIES.

NEITHER SHALL BE, DIRECTLY OR INDIRECTLY, BE INTERESTED FINANCIALLY IN ANYCONTRACT WITH, OR IN ANY FRANCHISE OR SPECIAL PRIVILEGE GRANTED BY THEGOVERNMENT OR ANY SUBDIVISION, AGENCY OR INSTRUMENTALITY THEREOFINCLUDING ANY GOVERNMENT OWNED AND CONTROLLED CORPORATIONS, OR ITSSUBSIDIARY, DURING HIS TERM OF OFFICE.

HE SHALL NOT INTERVENE IN ANY MATTER BEFORE ANY OFFICE OF THE GOVERNMENT FORHIS PECUNIARY BENEFIT OR WHERE HE MAY BE CALLED UPON TO ACT ON ACCOUNTOF HIS OFFICE.

The prohibitions are intended to prevent members of Congress from taking advantage, pecuniary ootherwise, of their position in their dealings with the courts, or in their business operations, or intheir dealings with any government agency or corporation.

EXCEPTION : If it is shown that said other office or employment is an extension of thelegislative

position or is in aid of legislative duties. Ex. Peace Panel: GRP-NDF

INHIBITIONS AND DISQUALIFICATIONS DURING TERM OF OFFICE1) PROHIBITIONS TO APPEAR AS COUNSEL

To see to it that the legislator cannot exert undue influence, directly or indirectly, upon theCourt or quasi-judicial bodies above-mentioned;

2) PROHIBITIONS FROM BEING FINANCIALLY INTERESTED IN ANY CONTRACT To prevent a legislator from committing abuses, undue influence and pressure, which areprejudicial to public interest;

3) PROHIBITION NOT TO INTERVENE Same reasons

SESSION OF CONGRESS

Section 15 : THE CONGRESS SHALL CONVENE ONCE EVERY YEAR ON THE 4 TH MONDAY OF JULYFOR ITS

REGULAR SESSION, UNLESS A DIFFERENT DATE IS FIXED BY LAW, AND SHALLCONTINUE TO BE IN SESSION FOR SUCH NUMBER OF DAYS AS IT MAY DETERMINEUNTIL THIRTY DAYS BEFORE THE OPENING OF ITS NEXT REGULAR SESSIONEXCLUSIVE OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS. THE PRESIDENT MAYCALL A SPECIAL SESSION ANYTIME.

REGULAR SESSION convene once every year (Section 15, Article VI)

SPECIAL SESSION called by the President while the Congress is in recess where could consideonly the subject matter designated by the President.

A special session may be called without the President calling on the following subjecmatter:

a) impeachment;b) vacancy in the office of the President and VP at 10:00am on the 3rd day

after the vacancies;c) decide on the disability of the President if majority of the cabinet disputed

assertion of his ability to the powers and duties of his office;d) to revoke or extend the President proclamation of Martial Law or



suspension of Writ of Habeas Corpus.

JOINT SESSION 1) VOTING SEPARATELYa) choosing the President;b) determine the President’s abilityc) confirming nomination of the VP

d) declaring existence of state of ware) proposing constitutional amendments

2) VOTING JOINTLYa) to revoke or extend the President proclamation of Martial Lawb) to revoke or extend proclamation suspending the Writ of Habeas

CorpusSINE DIE SESSION It is one held without day, by staying the hands of the clock definitely at a

certain time and continuing the session indefinitely

ADJOURNMENT neither chamber during session, without consent of the other, adjourn fomore than 3 days, nor any other place than that in which the two Chambersshall be sitting.

Section 16 :(1) THE SENATE SHALL ELECT ITS PRESIDENT AND THE HOUSE OFREPRESENTATIVES ITS SPEAKER, BY A MAJORITY VOTE OF ALL ITS RESPECTIVEMEMBERS. EACH HOUSE SHALL CHOOSE SUCH OTHER OFFICERS AS IT MAY DEEMNECESSARY.

(2) A MOJORITY OF EACH HOUSE SHALL CONSTITUTE A QUORUM TO DO BUSINESS, BUTA SMALLER NUMBER MAY ADJOURN FROM DAY TO DAY AND MAY COMPEL THEATTENDANCE OF ABSENT MEMBERS IN SUCH MANNER, AND UNDER SUCHPENALTIES, AS SUCH HOUSE MAY PROVIDE.

(3) EACH HOUSE MAY DETERMINE THE RULES OF ITS PROCEEDINGS, PUNISH ITSMEMBERS FOR DISORDERLY BEHAVIOR, AND WITH CONCURRENCE OF 2/3 OF ITSMEMBERS, SUSPEND OR EXPEL A MEMBER. A PENALTY OF SUSPENSION, WHENIMPOSED, SHALL NOT EXCEED SIXTY DAYS.

(4) EACH HOUSE SHALL KEEP A JOURNAL OF ITS PROCEEDINGS, AND FROM TIME TO TIME PUBLISH THE SAME, EXCEPTING SUCH PARTS AS MAY,IN ITS JUDGMENT, AFFECTNATIONAL SECURITY; AND THE YEAS AND NAYS ON ANY QUESTION SHALL, AT THEREQUEST OF 1/5 OF THE MEMBERS PRESENT, BE ENTERED IN THE JOURNAL. EACHHOUSE SHALL ALSO KEEP A RECORD OF ITS PROCEEDINGS

(5) NEITHER HOUSE DURING THE SESSIONS OF THE CONGRESS SHALL, WITHOUT THECONSENT OF THE OTHER, ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANYOTHER PLACE THAN THAT IN WHICH THE TWO HOUSES SHALL BE SITTING.

(I)OFFICERS OF CONGRESS The Senate President, the Speaker of the HOR, and such officers as each house may deemnecessary.

(II)A QUORUM TO DO BUSINESS The base for computing the majority of the legislative body for the purpose of determining theexistence of a quorum should normally be the total membership of the body.

QUORUM It refers to the number of members whose presence is required before a meeting canlegally take action. It is usually a majority of the entire body.

(III)INTERNAL RULES AND DISCIPLINE



The House is the judge of what constitutes disorderly behavior, not only because the Constitutionhas conferred jurisdiction upon it, but also because the matter depends mainly on factuacircumstances of which the House knows best but which cannot be depicted in black and white forpresentation to, and adjudication by the Courts.

EXCEPTION: When the legislative rule affects private rights; when the construction to be given to

a rule affects person other than members of legislature, the question is a judicial one.

(IV)JOURNALSLEGISLATIVE JOURNALS- public memorials of the most permanent character. They should be

public because all are required to conform to them, they should be permanent as therights acquired today by faith of what has been declared to be law shall not bedestroyed tomorrow.

MATTERS THAT ARE REQUIRED TO BE ENTERED ON THE JOURNAL

1) The yeas and nays on the 3rd and final reading of a bill;2) The yeas and nays on any question, at the request of 1/5 of the members present;3) The yeas and nays upon passing a bill over the President’s veto;4) The President’s objection to a bill he had vetoed.

PURPOSE 1) to insure publicity to the proceedings of the legislature, and a correspondentresponsibility of the members of their respective constituents;

2) to provide proof of what actually transpired in the legislature.

IMPORTANCE OF JOURNALS1) They are best source of information on what actually took place during the proceedings in

each house;2) They serve reference for authors, researchers, historians;3) The publication is in line with the right to information on matters of public concern

ENROLLED BILL is the official copy of approved legislation and bears the certification of thepresiding officer of the legislative body.

ENROLLED BILL DOCTRINE is the signing of a bill by the Speaker of the HOR and the President othe Senate and the certification by the secretaries of both houses of congress thatsuch bill was passed and conclusive of its due enactment. In case of conflict with the

journal, the enrolled bill prevails.

ELECTORAL TRIBUNALS

Section 17 : THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL EACH HAVE ANELECTORAL TRIBUNAL WHICH SHALL BE THE SOLE JUDGE OF ALL CONTESTSRELATING TO ELECTION, RETURNS AND QUALIFICATIONS OF THEIR RESPECTIVEMEMBERS.

EACH ELECTORAL TRIBUNAL SHALL BE COMPOSED OF NINE MEMBERS, THREE OF WHOMSHALL BE JUSTICES OF THE SUPREME COURT TO BE DESIGNATED BY THE CHIEF

JUSTICE, AND THE REMAINING SIX SHALL BE MEMBERS OF THE SENATE OR THEHOUSE OF REPRESENTATIVES, AS THE CASE MAYBE, WHO SHALL BE CHOSEN ON THEBASIS OF PROPORTIONAL REPRESENTATION FROM THE POLITICAL PARTIES AND THEPARTIES OR ORGANIZATIONS REGISTERED UNDER THE PARTY-LIST SYSTEMREPRESENTED THEREIN.

THE SENIOR JUSTICE IN THE ELECTORAL TRIBUNAL SHALL BE ITS CHAIRMAN.

(I)COMPOSITION Section 17, Article 6



(II)JURISDICTIONOnce a winning candidate has been proclaimed, taken his oath, and assumed office, COMELEC’s

jurisdiction over election contests relating to his election, returns, and qualifications ends, and theElectoral Tribunal’s own jurisdiction begins. They do not have jurisdiction over pre-proclamationcontroversies.

(III)INDEPENDENCE OF ELECTORAL TRIBUNALElectoral Tribunals are independent constitutional creations which have power to create their ownrules and are not under supervision and control of Congress.

The decisions of Electoral Tribunal based on their own rules of procedures are not subject to appeato the Supreme Court EXCEPT on the following grounds:

a) upon clear showing of such arbitrary and improvident use of its power as constitutesa denial of due process of law;

b) upon a demonstration of a very clear unmitigated error, constituting such graveabuse of discretion that there has to be a remedy for such abuse.

THE COMMISSION ON APPOINTMENTS

Section 18 : THERE SHALL BE A COMMISSION ON APPOINTMENTS CONSISTING OF THE PRESIDENTOF THE SENATE, AS EX-OFFICIO CHAIRMAN, TWELVE SENATORS AND TWELVEMEMBERS OF THE HOUSE OF REPRESENTATIVES, ELECTED BY EACH HOUSE ON THEBASIS OF PROPORTIONAL REPRESENTATION FROM THE POLITICAL PARTIES ANDPARTIES OR ORGANIZATIONS REGISTERED UNDER THE PARTY-LIST SYSTEMREPRESENTED THEREIN.

THE CHAIRMAN OF THE COMMISSION SHALL NOT VOTE, EXCEPT IN CASE OF A TIE. THECOMMISSION SHALL NOT ACT ON ALL APPOINTMENTS SUBMITTED TO IT WITHIN

THIRTY SESSION DAYS OF THE CONGRESS FROM THEIR SUBMISSION. THE COMMISSION SHALL RULE BY A MAJORITY VOTE OF ALL ITS MEMBERS.

The Commission of Appointments is a creature of the Constitution. Although its membership iconfined to members of Congress, it is independent of Congress. As an independent body, it canpromulgate its own rules and the Supreme Court cannot pass upon the correctness of theinterpretation placed by the Commission of its own rules.

COMPOSITION Section 18, Par 1.

FUNCTION The function is to consent to or confirms nominations or appointments submitted to it by th

President pursuant to Article VII, Section 16 which enumerates appointments whichneed action by the Commission on Appointments.

PURPOSE The Commission acts as a legislative check on the appointing authority of the President.

Section 19 : THE ELECTORAL TRIBUNAL AND THE COMMISSION ON APPOINTMENTS SHALL BECONSTITUTED WITHIN THIRTY DAYS AFTER THE SENATE AND THE HOUSE OFREPRESENTATIVES SHALL HAVE BEEN ORGANIZED WITH THE ELECTION OF THEPRESIDENT AND THE SPEAKER.

THE COMMISSION ON APPOINTMENTS SHALL MEET ONLY WHILE THE CONGRESS IS INSESSION, AT THE CALL OF ITS CHAIRMAN OR A MAJORITY OF ALL ITS MEMBERS, TODISCHARGE SUCH POWERS AND FUNCTIONS AS ARE HEREIN CONFERRED UPON IT.





The provision formalizes the oversight function of the Congress.

SECTION 21 vs. SECTION 22

Section 21(LEGISLATIVE INVESTIGATION)

Section 22( QUESTION HOUR)

1. Any person may appear

2. The Committees conduct investigation3. The subject matter is any matter for thepurpose of legislation

4. Appearance is mandatory

1. Only department head

may appear2. The entire body conductthe investigation3. The subject matters arematters related to the department only.4. Appearance isdiscretionary

Section 23:(I) THE CONGRESS, BY A VOTE OF 2/3 OF BOTH HOUSES IN JOINT SESSION ASSEMBLESVOTING SEPARATELY SHALL HAVE THE SOLE POWER TO DECLARE THE EXISTENCE OF

A STATE OF WAR.(II) IN TIMES OF WAR OR OTHER NATIONAL EMERGENCY, THE CONGRESS MAY, BYLAW, AUTHORIZE THE PRESIDENT, FOR A LIMITED PERIOD AND SUBJECT TO SUCHRESTRICTIONS AS IT MAY PRESCRIBE, TO EXERCISE POWERS NECESSARY ANDPROPER TO CARRY OUT A DECLARED NATIONAL POLICY. UNLESS SOONERWITHDRAWN BY RESOLUTION OF THE CONGRESS, SUCH POWERS SHALL CEASEUPON THE NEXT ADJOURNMENT THEREOF.

MAY THE COUNTRY ENGAGE IN WAR IN THE ABSENCE OF A DECLARATION OF WAR Yes, as the actual power to make war is lodged elsewhere, that is, in the executive power whichhold the sword of the nation. War being a question of actualities, the President was bound to meein the shape it presented itself without waiting for the Congress to baptize it wit a name.

UNDER WHAT CONDITIONS MAY EMERGENCY POWERS BE DELEGATED TO THE PRESIDENTSection 23(2)

Section 24 : ALL APPROPRIATION, REVENUE OR TARIFF BILLS, BILLS AUTHORIZING INCREASE OF THE PUBLIC DEBT, BILLS OF LOCAL APPLICATION, AND PRIVATE BILLS SHALORIGINATE EXCLUSIVELY FROM THE HOUSE OF REPRESENTATIVES, BUT THE SENATEMAY PROPOSE OR CONCUR WITH AMENDMENTS.

BILLS EXCLUSIVELY ORIGINATED IN THE HOR(APRIL)

APPROPRIATION BILL is one whose purpose is to set aside a sum of money for public use.

PRIVATE BILLS are those which affect private persons, such as for instance as abillgranting citizenship to a specific foreigner.

REVENUE OR TARIFF BILLS are those which are strictly for the raising of revenues; bills for othepurposes which incidentally create revenue are not comprehended.

BILL AUTHORIZING INCREASE IN PUBLIC DEBTS



BILL OF LOCAL APPLICATION are those whose reach is limited to specific localities, such foinstance as

the creation of a town.

Section 25:(I) THE CONGRESS MAY NOT INCREASE THE APPROPRIATIONS RECOMMENDED BY THEPRESIDENT FOR THE OPERATION OF THE GOVERNMENT AS SPECIFIED IN THE

BUDGET. THE FORM, CONTENT, AND MANNER OF PREPARATION OF THE BUDGETSHALL BE PRESCRIBED BY LAW.(2) NO PROVISION OR ENACTMENT SHALL BE EMBRACED IN THE GENERAL

APPROPRIATIONBILL UNLESS IT RELATES SPECIFICALLY TO SOME PARTICULAR APPROPRIATION

THEREIN. ANY SUCH PROVISION OR ENACTMENT SHALL BE LIMITED IN ITOPERATION TO THE APPROPRIATION TO WHICH IT RELATES.

(3) THE PROCEDURE IN APPROVING APPROPRIATIONS FOR THE CONGRESS SHALLSTRICTLY FOLLOW THE PROCEDURE FOR APPROVING APPROPRIATIONS FOR OTHERDEPARTMENTS AND AGENCIES.

(4) A SPECIAL APPROPRIATION BILL SHALL SPECIFY THE PURPOSE FOR WHICH IT ISINTENDED, AND SHALL BE SUPPORTED BY FUNDS ACTUALLY AVAILABLE ASCERTIFIED BY THE NATIONAL TREASURER, OR TO BE RAISED BY A CORRESPONDINGREVENUE PROPOSAL THEREIN.

(5) NO LAW SHALL BE PASSED AUTHORIZING ANY TRANSFER OF APPROPRIATIONSHOWEVER, THE PRESIDENT, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THEHOUSE OF REPRESENTATIVES, AND THE CHIEF JUSTICE OF THE SUPREME COURTANT THE HEADS OF CONSTITUTIONAL COMMISSION MAY, BY LAW, BE AUTHORIZED

TO AUGMENT ANY ITEM IN THE GENERAL APPROPRIATIONS LAW FOR THEIRRESPECTIVE OFFICES FROM SAVINGS IN OTHER ITEMS OF THEIR RESPECTIVEAPPROPRIATIONS.

(6) DISCRETIONARY FUNDS APPROPRIATED FOR PARTICULAR OFFICIALS SHALL BEDISBURSED ONLY FOR PUBLIC PURPOSES TO BE SUPPORTED BY APPROPRIATEVOUCHERS AND SUBJECT TO SUCH GUIDELINES AS MAY BE PRESCRIBED BY LAW.

(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 GENERALAPPROPRIATIONS LAW FOR THE PRECEDING FISCAL YEAR SHALL BE DEEMED REENACTED AND SHALL REMAIN IF FORCE AND EFFECT UNTIL THE GENERALAPPROPRIATIONS BILL IS PASSED BY THE CONGRESS.

APPROPRIATION LAWA statute, the primary and specific purpose of which is to authorize release of public funds from thetreasury.

CLASSIFICATION OF APPROPRIATION LAW1) GENERAL APPROPRIATION LAW - passed annually, intended to provide for the

financial operations of the entire governmenduring one fiscal period.

CONSTITUTIONL RULES/RESTRICTIONS

1) The Congress may not increase the appropriations recommended by the President;2) Form, content and manner of preparation of budget shall be provided by law;3) No provision or enactment shall be embraced unless it relates specifically to some

particular appropriation therein;4) Procedure for approving appropriations shall be the same as that of other departments

to prevent some SUB ROSA APPROPRIATIONS by Congress;5) Prohibition against transfer of appropriations (DOCTRINE OF AUGMENTATION), however

the President, Senate President, Speaker of the House, Chief Justice, and Heads oConstitutional Commission, MAY, by law, be authorized to augment any item on the



general appropriations law for their respective offices from savings in other items of theirespective appropriations;

6) Prohibition against appropriations for sectarian/religious benefit;7) Automatic re-appropriation

2) SPECIAL APPROPRIATION LAW - designed for a specific purpose

CONSTITUTIONL RULES/RESTRICTIONS1) Must specify the public purpose for which the fund is intended;2) Must be supported by funds, if not, it must provide a corresponding revenue proposal;.

POWER OF APPROPRIATION The spending power, called the power of purse belongs to the Congress, subject only to the vetopower of the President. It carries with it a power to specify the project or activity to be fundedunder appropriation law.

(I)LIMITATIONS/RESTRICTIONS ON POWER TO APPROPRIATE1) All appropriation, and bills shall originate exclusively from the HOR, but the Senate may

propose or concur with amendments;2) The Congress may not clutter the general appropriation law with provisions not related

thereto;3) Discretionary funds shall be disbursed for public purposes only to be supported by

proper vouchers and subject to guidelines prescribed by law;4) Congress cannot cripple the operation of government by its failure or refusal to pass the

general appropriation bill;5) General appropriation law must be based on the budget prepared by the President.

RIDER is a completely unrelated provision included in the general appropriation bill.

Section 26: (I)EVERY BILL PASSED BY THE CONGRESS SHALL EMBRACE ONLY ONE SUBJECT WHICHSHALL BE EXPRESSED IN THE TITLE THEREOF.

(2) NO BILL PASSED BY EITHER HOUSE SHALL BECOME A LAW UNLESS IT HASPASSED THREE READINGS ON SEPARATE DAYS, AND PRINTED COPIES THEREOF INITS FINAL FORM HAVE BEEN DISTRIBUTED TO ITS MEMBERS THREE DAYS BEFORE ITSPASSAGE, EXCEPT WHEN THE PRESIDENT CERTIFIES TO THE NECESSITY OF ITSIMMEDIATE 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 YEASAND NAYS ENTERED IN THE JOURNAL.

TWO RULES TO BE OBSERVED1) One Subject, One Title Rule - to prevent riders or totally unrelated matters2) Three Readings on separate days except when the President certifies to the necessity of the

immediate enactment of the bill to meet the public calamity and emergency.

PURPOSE1) To prevent hodge-podge or log-rolling legislation;2) To prevent surprise or fraud upon the legislature by means of provisions in bills of which the

title gives no information, and which might be overlooked and carelessly and unintentionallyadopted;

3) To fairly appraise the people, through such publication, in order that they may have theopportunity of being heard thereon by petition or otherwise if they shall so desire.



Section 27: (I)EVERY BILL PASSED BY THE CONGRESS SHALL, BEFORE IT BECOMES A LAW, BEPRESENTED

TO THE PRESIDENT. IF HE APPROVES THE SAME, HE SHALL SIGN IT; OTHERWISE, HE

SHALL VETO IT AND RETURN THE SAME WITH HIS OBJECTIONS TO THE HOUSE WHEREIT ORIGINATED, WHICH SHALL ENTER THE OBJECTIONS AT LARGE IN ITS JOURNALAND PROCEED TO RECONSIDER IT. IF, AFTER SUCH RECONSIDERATION, TWO-THIRDSOF ALL MEMBERS OF SUCH HOUSE SHALL AGREE TO PASS THE BILL, IT SHALL BESENT, TOGETHER WITH THE OBJECTIONS, TO THE OTHER HOUSE FOR WHICH ITSHALL LIKEWISE BE CONDIDERED, ANF IF APPROVED BY TWO-THIRDS OF ALLMEMBERS OF THAT HOUSE, IT SHALL BECOME A LAW. IN ALL SUCH CASES, THEVOTES OF EACH HOUSE SHALL BE DETERMINED BY YEAS OR NAYS, AND THE NAMESOF THE MEMBERS VOTING FOR OR AGAINST SHALL BE ENTERED IN ITS JOURNAL

THE PRESIDENT SHALL COMMUNICATE HIS VETO OF ANY BILL TO THE HOUSE WHEREIT ORIGINATED WITHIN THIRTY DAYS AFTER THE DATE OF RECEIPT THEREOFOTHERWISE, IT SHALL BECOME A LAW AS IF HE HAD SIGNED IT.

(2) THE PRESIDENT SHALL HAVE THE POWER TO VETO ANY PARTICULAR ITEM ORITEMS IN AN APPROPRIATION, REVENUE, OR TARIFF BILL, BUT THE VETO SHALL NOTAFFECT THE ITEM OR ITEMS TO WHICH HE DOES NOT OBJECT.

(I)PASSAGE OF BILLS1) It must be approved by both Houses of Congress;

Procedure for Enactment:a) INTRODUCTION must be by any member of the HOR or Senate except for some

measures that must originate only from the former chamber;b) FIRST READING the reading of the title and the number; the bill is passed by the

Senate President or the Speaker of the HOR to the proper committee;c) SECOND READINGentire text is read and debates are held, and amendments introduced

The bill as approved in the second reading is printed in its final formand copies are distributed three days before the third reading;

d) THIRD READING only the title is read, no amendments are allowed. Vote shall be takenimmediately thereafter and the yeas and nays entered in the journal;

e) SENT TO THE OTHER CHAMBER it will also go under three readings.f) SENT TO THE PRESIDENT for signature.g) ENROLLED BILL

2) It must be approved by the president.

DOCTINE OF SHIFTING MAJORITY for each House to pass a bill, only votes of the majority of thosepresent in the session, there being a quorum, is required.

PRESIDENT’S OPTION

1) Signed and the bill becomes a law;2) Vetoes the bill, it does not become a law unless the Presidential veto overridden by 2/3

votes of all the members of both Houses;3) Inaction-the automatically becomes a law when the President failed to veto a bill and to

return it with his objections to the House where it originated, within 30 days after the date oreceipt;



(II)CONFERENCE COMMITTEESBICAMERAL SYSTEM bills are processed independently by both Houses of Congress. It is no

unusual that that the final version approved by one House differs from whathas been approved by the other.

BICAMERAL CONFERENCE COMMITTEE consists of members nominated from both Houses, is an

extra-constitutional creation of Congress whose function is to propose to Congress ways of reconciling conflicting provisions found in the Senate version and in the House version.

(III)VETO POWERGENERAL RULE : Selective/partial veto is not allowed. The President is not allowed to

vetoseparate parts of a bill while retaining others, he should veto the entire bill.

EXCEPTION Par 2, Section 27, Article 6. Appropriation, Revenue, and Tariff bills (ART).

EXCEPTIONS TO THE EXCEPTIONS1) DOCTRINE OF INAPPROPRIATE PROVISION

A provision that is constitutionally inappropriate for an appropriation bill may be singled outfor veto even if it is not an appropriation or revenue item.

2) EXECUTIVE IMPONDMENTIt is the refusal of the President to spend funds already allocated by Congress for specificpurpose.

3) LEGISLATIVE VETO The legislature can block or modify administrative action taken under statute.

Section 28: (1) THE RULE OF TAXATION SHALL BE UNIFORM AND EQUITABLE. THE CONGRESSSHALL EVOLVE A PROGRESSIVE SYSTEM OF TAXATION.

(2) THE CONGRESS MAY, BY LAW, AUTHORIZE THE PRESIDENT TO FIX WITHINSPECIFIED LIMITS, AND SUBJECT TO SUCH LIMITATIONS AND RESTRICTIONS AS ITMAY IMPOSE, TARIFF RATES, IMPORT AND EXPORT QUOTAS, TONNAGE ANDWHARFAGE DUES, AND OTHER DUTIES OR IMPOSTS WITHIN THE FRAMEWORK OFNATIONAL DEVELOPMENT PROGRAM OF THE GOVERNMENT.

(3) CHARITABLE INSTITUTIONS, CHURCHES AND PERSONAGES OR CONVENTSAPPURTENANT THERETO, MOSQUES, NON PROFIT CEMETERIES, AND ALL LANDSBUILDINGS AND IMPROVEMENTS ACTUALLY, DIRECTLY, AND EXCLUSIVELY USED FORRELIGIOUS, CHARITABLE, OR EDUCATIONAL PURPOSES SHALL BE EXEMPT FOR

TAXATION.

(4) NO LAW GRANTING ANY TAX EXEMPTION SHALL BE PASSED WITHOUT THECONCURRENCE OF A MAJORITY OF ALL THE MEMBERS OF THE CONGRESS.

NATURE AND POWER OF TAXATION

1) It is inherent in sovereignty2) It is legislative in character3) It is subject to constitutional and inherent limitations.

SCOPE AND PURPOSE OF THE POWER TO TAX1) To raise revenue.2) Used as a tool for regulation3) The power to keep alive



LIMITATION ON THE POWER TO TAX1) rule of taxation shall be uniform and equitable. The congress shall evolve a progressive

system of taxation;2) charitable institutions, churches and personages or convents appurtenant thereto, mosques

non profit cemeteries, and all lands, buildings and improvements actually, directly, andexclusively used for religious, charitable, or educational purposes shall be exempt fo

taxation;3) all revenues and assets of non-stock, non-profit educational institutions used actually, directlyand exclusively for educational purposes shall be exempt from taxes and duties;

4) law granting any tax exemption shall be passed without the concurrence of a majority of althe members of the congress.

SPECIFIC LIMIT ON THE TAXING POWER: UNIFORMITY AND EQUITABLEREQUIREMENTS FOR VALID CLASSIFICATION FOR PURPOSES OF TAXATION

1) the classification must be based upon substantial distinction which make real differences;2) it must be germane to the purpose of the law;3) it must apply not only to present conditions but also to future conditions substantially identica

to those of the present;4) it must apply equally to all those who belong to the same class.

UNIFORMITY OF TAXATION SIMPLY MEANS

1) the standards that are used therefore 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;4) the classification applies equally well to all those belonging to the same class.

PROGRESSIVE SYSTEM OF TAXATION A tax is progressive when the rate increases as the taxbase increases. The provision reflects the wish that the legislature, following the social justicecommand, should use the power of taxation as an instrument for a more equitable distributionof wealth.

TAX EXEMPTION The policy on the law on tax exemption is that, while they must be applied strictly, they must alsobe applied fairly in a manner that will achieve the intent for which the exemptions were created.

Thus, it is important to bear in mind that the tax exemptions for charitable institutions are given inorder to enhance the service they are capable of giving; tax exemptions for religious property aregiven in order to ensure religious liberty; and tax exemptions for educational institutions are givenfor the sake of making quality education affordable to all.



Section 29: (1) NO MONEY SHALL BE PAID OUT OF THE TREASURY EXCEPT IN PURSUANCE OFAN APPROPRIATION MADE BY THE LAW.

(2) NO PUBLIC MONEY OR PROPERTY SHALL BE APPROPRIATED, APPLIED, PAIDOR EMPLOYED, DIRECTLY OR INDIRECTLY, FOR THE USE, BENEFIT, OR SUPPORT OFANY SECT, CHURCH DENOMINATION, SECTARIAN INSTITUTION, OR SYSTEM OF

RELIGION, OR OF ANY PRIEST, PREACHER, MINISTER, OR DIGNITARY IS ASSIGNED TO THE ARMED FORCES, OR TO ANY PENAL INSTITUTION, OR GOVERNMENT ORPHANAGEOR LEPROSARIUM.

(3) ALL MONEY COLLECTED ON ANY TAX LEVIED FOR A SPECIAL PURPOSE SHALLBE TREATED AS A SPEACIAL FUND AND PAID OUT FOR SUCH PURPOSE ONLY. IF THEPURPOSE FOR WHICH A SPECIAL FUND WAS CREATED HAS BEEN FULFILLED ORABANDONED. THE BALANCE, IF ANY, SHALL BE TRANSFERRED TO THE GENERALFUNDS OF THE GOVERNMENT.

FISCAL POWER OF THE CONGRESS1) Spending Power, Section 29(1)2) The Power of the Purse which comprehends both the power to generate money for the

government by taxation and the power to spend it.

LIMITATIONS/RESTRICTIONS, Section 29(2)

SPECIAL FUNDS, Section 29(3). This is intended to prevent abuse in the disposition of special funds

Section 30 : NO LAW SHALL BE PASSED INCREASING THE APPELLATE JURISDICTION OF THESUPREME COURT AS PROVIDED IN THIS CONSTITUTION WITHOUT ITS ADVICE ANDCONCURRENCE

The purpose of this is to prevent the overburdening of the Supreme Court. It does not prohibiCongress from increasing the jurisdiction of the Supreme Court but simply prescribes that any suchincrease should be with the advice and concurrence of the Court.

Section 31 : NO LAW GRANTING A TITLE OF ROYALTY OR NOBILITY SHALL BE ENACTED.

REASON ON PROHIBITION The prohibition of granting a title of royalty or nobility may truly be denominated the cornerstone orepublican government; for so long as they are excluded, there can never be serious danger thatthe government will be any other than that of the people.

Section 32 : THE CONGRESS SHALL, AS EARLY AS POSSIBLE, PROVIDE FOR A SYSTEM OFINITIATIVE AND REFERENDUM, AND THE EXCEPTIONS THEREFROM, WHEREBY THEPEOPLE CAN DIRECTLY PROPOSE AND ENACT LAWS OR APPROVE OR REJECT ANY ACTOR LAW OR PART THEREOF PASSED BY THE CONGRESS OR LOCAL LEGISLATIVE BODYAFTER THE REGISTRATION OF THE PETITION THEREFOR SIGNED BY AT LEAST TENPER CENTUM OF THE TOTAL NUMBER OF REGISTERED VOTERS, OF WHICH EVERYLEGISLATIVE DISTRICT MUST BE REPRESENTED BY AT LEAST THREE PER CENTUM OF

THE REGISTERED VOTERS THEREOF.



INITIATIVE AND REFERENDUM whereby people themselves can legislate. The enabling law isRA No. 6735, the Initiative and Referendum Law.

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