Part IV

The Three Branches of Government

A. Congress

A1. Composition, Qualification and Term of Office

a. Senate
b. House of Representatives

Macias v. COMELEC
The apportionment of the Members of the House of Representatives is not valid
because it is not based on the number of inhabitants a province has.

Tan v. COMELEC
BP 885 An Act Creating a New Province in the Island of Negros to be known as
Province of Negros Del Norte is unconstitutional. The plebiscite was not legal.
Whenever a province xxx is created, divided, merged, abolished, or its boundary
substantially altered, xxx the approval by a majority of the votes cast in a
plebiscite in the political units directly affected1 must first be obtained.

Veterans Fed. Party v. COMELEC

The 20% allocation for party-list representatives mentioned in Section 5(2),
Article VI is not mandatory but merely a ceiling. The 2% threshold and three-seat
limit is constitutional
Formula on how to determine the additional seats:
1. 20% allocation- the combined number of all party-list representatives
shall not exceed 20% of the total membership of the HR, including those under
the party-list.
2. 2% threshold- only those garnering at least 2% of the total votes cast
for party-list are qualified to have a seat.
3. three-seat limit additional seats shall be computed in proportion to
their total number of votes.
4. proportional representation

Bagong Bayani v. COMLEC

Guidelines for Screening Party-List Participants
1. First, the political party, sector, organization or coalition must represent the
marginalized and underrepresented groups identified in Section 5 of RA 7941.
2. Second, while even major political parties are expressly allowed by RA 7941
and the Constitution to participate in the party-list system, they must comply with
the declared statutory policy of enabling "Filipino citizens belonging to
marginalized and underrepresented sectors x x x to be elected to the House of
Representatives."
3. Third, religious sector may not be represented in the party-list system.

1
Section 10, Article 10, 1987 Constitution.
4. Fourth, a party or an organization must not be disqualified under Section 6 of
RA 7941.
5. Fifth, the party or organization must not be an adjunct of, or a project
organized or an entity funded or assisted by, the government. By the very nature
of the party-list system, the party or organization must be a group of citizens,
organized by citizens and operated by citizens.
6. Sixth, the party must not only comply with the requirements of the law; its
nominees must likewise do so.
7. Seventh, not only the candidate party or organization must represent
marginalized and underrepresented sectors; so also must its nominees.
8. Eighth, while lacking a well-defined political constituency, the nominee must
likewise be able to contribute to the formulation and enactment of appropriate
legislation that will benefit the nation as a whole.

Aquino v. COMELEC
Domicile of origin is not easily lost. To successfully effect a change of domicile,
petitioner must prove an actual removal or an actual change of domicile; bona
fide intentions of abandoning the former place of residence and establishing a
new one and definite acts which correspond with the purpose.

Romualdez-Marcos v. COMELEC
In political law, domicile and residence are synonymous. An individual does not
lose his domicile even if she has lived and maintained residence in different
places. Minor follows the domicile of her parents. As domicile, once acquired is
retained until a new one is gained.

Torayno v. COMELEC
Emano, having been the governor of Misamis Oriental for three terms and
consequently residing in CDO, could not be said to be a stranger or newcomer to
the city in the last year of his third term when he decided to adopt it as hi
permanent place of residence.

BANAT v. COMELEC
The 20% allocation of party-list representatives is merely a ceiling; party-list
representatives cannot be more than 20% of the Members of HR.
The continued operation of the 2% threshold in the distribution of the additional
seats frustrates the attainment of the permissive ceiling that 20% of the members
of the HR shall consist of party-list representatives.

A2. Election
a. Regular Election- Section 8, Article VI
Section 8. Unless otherwise provided by law, the regular election of the Senators
and the Members of the House of Representatives shall be held on the second
Monday of May.
b. Special Election- Section 9, Article VI
Section 9. In case of vacancy in the Senate or in the House of Representatives, a
special election may be called to fill such vacancy in the manner prescribed by
law2, but the Senator or Member of the House of Representatives thus elected
shall serve only for the unexpired term.

A3. Organizations and Sessions

a. Election of Officers- Section 16 (1), Article VI
The Senate shall its President and the House of Representatives its
Speaker, by a majority vote of all its respective members.
Each House shall choose such other officers as it may deem necessary.

Santiago v. Guingona
Petitioners held that majority is the group who voted for winning Senate
President and accepted committee chairmanships. Whereas, the minority is the
group who voted for the losing candidate for Senate Presidents and accepted no
such chairmanships.

The Supreme Court held that majority is the political party to which most number
of lawmakers belonged (concept of plurality). The Constitution is silent as
regards the manner of electing officers other than the Senate President and the
House Speaker. Hence, it is within the province of the Legislative, not the
Supreme Court, as conferred by the Constitution.

b. Quorum- Art VI Sec 16(2):

A majority of each House shall constitute a quorum to do business, but a
smaller number may adjourn from day to day and may compel the
attendance of absent Members in such manner, and under such penalties,
as such House may provide.

Avelino v. Cuenco
Quorum any number sufficient to transact business, which may be less than
the majority of the membership
The base for computing the majority of the legislative body for the purpose of
determining the existence of a quorum should normally be the total membership
of the body, although it will be noted that in the case Avelino v. Cuenco the base
used was twenty-three and not twenty-four, which was the total membership of
the Senate.

c. Rules of Proceeding- Art VI Sec 16(3)

Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-thirds
of all its Members, suspend or expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty days.

2
Republic Act 7166
 Pacete v. Commission on Appointments
The filing of a motion for reconsideration did not have an effect of automatically
removing him from the position because there was still a need for the motion to
be duly approved by the majority of members present.
Arroyo v. De Venecia
Legislative Act will not be declared invalid for non-compliance with internal rules.
d. Discipline of Members- Art VI Sec 16(3)
Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-thirds
of all its Members, suspend or expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty days.

Alejandrino v. Quezon
Where a member has been expelled by the legislative body, the courts have no
power, irrespective of whether or not the expulsion was right or wrong, to issue a
mandate to compel his reinstatement.
Osmena v. Penatun
For unparliamentary conduct, members of Congress could be censured,
committed to prison, suspended, or even expelled by the votes of their
colleagues.
Santiago v. Sandiganbayan
The doctrine of separation of powers does not exclude members of Congress
from the mandate of R.A. 3019. The order of suspension prescribed by RA 3019
is distinct from the powers of Congress to discipline its own ranks under the
Constitution.

e. Journal and Record- Art VI Sec 16(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, affect
national security; and the yeas and nays on any question shall, at the
request of one-fifth of the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.

Journal- An abbreviated account of the daily proceedings

Record word for word transcript of the daily proceedings
e1. The Enrolled Bill Theory
An enrolled bill is the official copy of approved legislation and bears the
certifications of both the presiding officers of each House. A duly authenticated
bill imports absolute verity and is binding on the courts.
CASCO v. Gimenez
Since the enrolled bill is binding upon the courts, if there is an error in the printed
bill, the proper remedy is through amendment and curative legislature, and not
through judicial decree.

e2. Probative Value of the Journal

US v. Pons
The Court could not look beyond the journal to determine the actual date of the
passage of a bill, as it is an official act of the legislature. As such, it is superior to
the recollections or memories of witnesses. To go beyond the journal would be to
violate the letter and spirit of the official act, to encroach upon the authority of a
coordinate and independent department, and to interfere with the powers of the
legislature.

e3. Matters to be entered in the Journal

*Yeas and nays of the final reading of the bill.
*Veto message of the President.
*Yeas and nays on repassing the bill vetoed by the President.
* Yeas and nays on any question at the request of 1/5 of the Members present.

e4. Journal Entry Rule vs. Enrolled Bill Theory

Except only where the matters are required to be entered in the journal, the
contents of the enrolled bill shall prevail over those of the journal.

e5. Congressional Record- Article VI, Section 16(4)

Each House shall keep a record of its proceedings.

f. Session
1. Regular Session- convenes once every year at the 4th Monday of July.
Continues to be in session until 30 days before the start of its next regular
session, exclusive of Saturdays, Sundays, and legal holidays. (Article VI, Section
15)
2. Special Session- Called by the President at any time when Congress is
not in session.

Special Session which need not be called by the President:

*To pass a bill calling a special election in case of vacancy in the offices of the
President and Vice- President.
*To determine by two-third votes of both Houses, voting separately, whether the
President is unable to discharge the powers and duties of his office.
*To extend or revoke the existence of martial law or suspension of habeas
corpus.
3. Joint Sessions
Voting Separately
*Choosing the President in case two or more shall have an equal and highest
number of votes (Art. VII, Sec. 4)
*Determining the Presidents temporary disability (Art. VII, Section 11, par.4)
*Declaring a state of war (Art. VI, Sec. 23, par.1)
*Amending the Constitution (Art. XVII, Sec. 1, par. 1)

Voting Jointly
*To extend or revoke martial law or suspension of habeas corpus (Art. VII, Sec.
18)
A4. Salaries, Privileges and Disqualifications
a. Salaries- Article VI, Section 10
The salaries of Senators and Members of the House of Representatives shall be
determined by law. No increase in said compensation shall take effect until after
the expiration of the full term of all the Members of the Senate and the House of
Representatives approving such increase.

Philconsa v. Mathay
The increased compensation provided by RA 4134 is not operative until
December 30, 1969 when the full term of all members of Congress that approved
it on June 20, 1964 will have expired.

Ligot v. Mathay
Reiterated the ruling in Philconsa v. Mathay. Also cited Philconsa v. Jimenez
where te Court held that RA 3836 is null and void because it took effect upon
approval without awaiting the expiration of the full term of all the members of
Congress approving such increase.
b. Freedom from Arrest- Article VI, Sec. 11
A Senator or member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest
while the Congress is in session.

Note: Immunity applies for as long as Congress is in session, whether or not the
legislator involved is actually attending it. Session as here used does not refer
to the day-to-day meetings of the legislature but to the entire period from its initial
convening until its final adjournment.

People v. Jalosjos
Immunity from arrest is not enjoyed by one who has been convicted. Rape is
punishable by more than six years imprisonment; hence immunity from arrest
cannot be invoked.

c. Speech and Debate clause- Article VI, Sec.11

xxx No Member shall be questioned nor be held liable in any other place for any
speech or debate in the Congress r in any committee thereof.

Jimenez v. Cabangbang
Speech or debate used in Article VI, Section 15 (now 11) of the Constitution
refers to utterances made by Congressmen in the performance of their official
functions while Congress is in session. The open letter to the President was
made by Cabangbang when Congress was not in session. And in causing the
communication to be so published, he was not performing his official duty xxx as
a member of Congress. Hence, the communication is not absolutely privileged.

d. Disqualifications- Article VI, Section 13; Article VI, Sec. 14

Article VI, Section 13
No Senator or Member of the House of Representatives may hold any other
office or employment in the Government, or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporations or
their subsidiaries, during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the emoluments thereof
increased during the term for which he was elected.

Incompatible Office office that cannot be held by the legislator during his term
in Congress, to prevent him from owing loyalty to another branch of the
government
Forbidden Office any office in the government that has been created or the
emoluments thereof have been increased during the legislators term, to prevent
trafficking in public office

Adaza v. Pacana
The law is clear and unambiguous. Adaza cannot exercise and discharge the
functions of both Congressman and Governor simultaneously as the offices are
incompatible.

Article VI, Sec. 14

No Senator or Member of the House of Representatives may personally appear
as counsel before any court of justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any matter before
any office of the Government for his pecuniary benefit or where he may be called
upon to act on account of his office.
Puyat v. De Guzman
By virtue of the Motion for Intervention, Assemblyman Fernandez cannot be said
to be appearing as counsel but theoretically for the protection of hi ownership of
shares in respect of the matter in litigation. However, under the facts and
circumstances immediately preceding and following his purchase of the shares,
we are constrained to find that there has been an indirect appearance as
counsel before an administrative body (SEC).

e. Duty to disclose- Article VI, Section 12

All Members of the Senate and House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business
interests. They shall notify the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of which they are authors.
A5. Electoral Tribunals- Article VII, Section 17
The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election,
returns, and qualifications of their respective Members. Each Electoral Tribunal
shall be composed of nine Members, three of whom shall be Justices of the
Supreme Court to be designated by the Chief Justice, and the remaining six shall
be Members of the Senate or the House of Representatives, as the case may be,
who shall be CHOSEN on the basis of proportional representation from the
political parties or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral Tribnal shall be its
Chairman.

Abbas v. SET
By providing for a Tribunal to be staffed by both Justices of the SC and Members
of Congress, the Constitution intended that both those judicial and legislative
components commonly share the duty and authority of deciding all contests
relating to the elections, returns, and qualifications of Senators.
The Electoral Tribunal cannot function as such, absent its entire membership of
Senators and that no amendment of its Rules can confer on the Three-Justice
Members alone the power of valid jurisdiction of a senatorial election contest.

Bondoc v. Pineda
Camasuras expulsion from the Tribunal is a clear impairment of the Tribunals
prerogative to be the sole judge of election contests.

Codilla v. De Venecia
The candidate who obtains the second highest number of votes may not be
proclaimed winner in the case the winning candidate is disqualified.
It is the HRET which has no jurisdiction. The issue on the validity of the
COMELEC Second Division Resolution has not yet been resolved by the
COMELEC en banc.

Pimentel v. HRET
The Constitution expressly grants to the House of Representatives who may
occupy the seats in the HRET and CA. Under Sections 17 and 18 of Article VI,
party-list representatives must first show to the House that they possess the
required numerical strength to be entitled to seats in HRET and CA. Only if the
House fails to comply with this directive can the party-list representatives resort
to this Court. The instant petitions are bereft of any allegation that respondents
prevented the party-list groups in the House from participating I the election of
members of HRET and CA.

A6. Commission on Appointments- Article VI, Section 18

There shall be a Commission on Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve Senators and twelve Members of the
House of Representatives, ELECTED by each House on the basis of
proportional representation from the political parties or organizations registered
under the party-list system represented therein. The Chairman of the
Commission shall not vote, except in case of a tie. The Commission shall act on
all appointments submitted to it within thirty session days of the Congress from
their submission. The Commission shall rule by a majority vote of all the
Members.

Daza v. Singson
The House of Representatives has the authority to change its representation in
the Commission of Appointments to reflect at any time the changes that may
transpire in the political alignments of its membership. Such changes must be
permanent and must not include temporary alliances or factional divisions not
involving severance of political loyalties or formal disaffiliation.

Coseteng v. Mitra
Since the total membership of the House of Representatives was 202, to be
entitled to a seat in the Commission, a party must have 16.8 members in the
House or 3.4% of the total membership. KAIBA was obviously short of the
required number even if Coseteng had the support of members not belonging to
her party.

Guingona v. Gonzales
The constitutional rule on proportional representation in the Commission on
Appointments is violated when LDP converted the fractional membership into
a whole. In so doing, one other partys fractional membership is made greater
while the other suffers diminution of its rightful membership. The provision of
Section 18 on proportional representation is mandatory in character and does not
leave any discretion to the Senate to disobey or disregard the rule on
proportional representation. No party can claim more than what is entitled.

A7. Powers of Congress

a. General Plenary Powers- any power that is deemed to be legislative is
necessarily possessed by Congress, UNLESS the Constitution has vested it
elsewhere. (Ex. Legislative power was also given to the people through exercise
of initiative and referendum)
b. Limitations on the Legislative Power
No power to pass irreppealable law.
Non-encroachment on powers of other departments
Non-delegability of powers
o Agencies should merely execute laws, not make them.
o Only the legislative department can enact laws with the
exception of local governments, which may be allowed to
legislate on purely local matters.
1. Substantive limitations- Circumscribe both the exercise of the
power itself and the allowable subject of legislation which are chiefly
found in the Bill of Rights
 2. Procedural limitations- prescribing the manner of passing bills and
the form they should take.

A8. Legislative Process

A8a. Requirements as to bills.
a1. As to title of bills- Article VI, Sec 26 (1)
Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.

Two limitations on legislative power under Sec. 26 (1)

First, Congress shouldnt conglomerate on heterogeneous subjects in one
statute. Second, the title of the bill is to be couched in a language sufficient to
notify the legislators and the public and those concerned of the import of the
single subject thereof.

Purpose of one title-one subject rule:

*To prevent hodge-podge or log rolling legislation.
*To prevent surprise or fraud upon legislature.
*To fairly apprise the people.

Tio v. Videogram Regulatory Board

The constitutional requirement on the title of bills is sufficiently complied with if
the title were comprehensive enough to include the general purpose which a
statute seeks to achieve. It is not necessary that the title express each and every
end that the statute wishes to accomplish. The requirement is satisfied if all the
parts of the statute are related and are germane to the subject matter expressed
in the title, or as long as they are not inconsistent with or foreign to the general
subject and title.

Lidasan v. Comelec
Statute was declared unconstitutional because the title did not inform the
legislature of persons interested as to the full impact of the law.

Initiative- It is the reserved power of the people to directly propose and enact
laws at polls called for the purpose independently of Congress or of a local
legislative body.

Referendum- It is the process by which any act or law or part thereof passed by
Congress or by a local legislative body is submitted to the people for their
approval or disapproval.

R.A 6735 (System of Initiative and Referendum)

Sec. 32, Article VI- 10% of the total number of registered voters, of which every
legislative district must be represented by at least 3% of the registered voters
therein.
Sec. 1, Article XVII- 12% of the total number of registered voters, of which every
legislative district must be represented by at least 3% of the registered voters
therein.

Dela Cruz v. Paras

Ordinances by virtue of the general welfare clause must be reasonable, in
consonance with the laws and public policy of the state. Such sweeping exercise
of lawmaking power is unreasonable. It is a clear invasion of personal and
property rights.
Municipal corporations cannot prohibit the operation of nightclubs but it can
regulate such.

Tobias v. Abalos
The creation of a separate congressional district for Mandaluyong is not a subject
separate and distinct from the subject of its conversion into a highly urbanized
city. It is natural and logical consequence of its conversion.

a2. Requirements as to certain laws

a2.1. Appropriation laws
Article VII, Section 22
The President shall submit to the Congress within thirty days from opening of
every regular session, as the basis of the general appropriations bill, a budget of
expenditures and sources of financing, including receipts from existing and
proposed revenue measures.

Article VI, Section 24

All appropriation, revenue or tariff bills, bills authorizing increase of the public
debt, bills of local application, and private bills shall originate exclusively in the
House of Representatives, but the Senate may propose or concur with
amendments.

Article VI, Section 25

(1) The Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. The
form, content, and manner of preparation of the budget shall be prescribed by
law.
(2) No provision or enactment shall be embraced in the general appropriations
bill unless it relates specifically to some particular appropriations therein. Any
such provision or enactment shall be limited in its operation to the appropriation
to which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly
follow the procedure for approving appropriations for other departments and
agencies.
(4) A special appropriations bill shall specify the purpose for which it is intended,
and shall be supported by funds actually available as certified by the National
Treasurer, or to be raised by a corresponding revenue proposal therein..
(5) No law shall be passed authorizing any transfer of appropriations; however,
the President, the President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to augment any item in
the general appropriations law for their respective offices from savings in other
items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only
for public purposes to be supported by appropriate vouchers 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 general appropriations
law for the preceding fiscal year shall be deemed reenacted and shall remain in
force and effect until the general appropriations bill is passed by Congress.

Article VI, Section 29

(1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian institution or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as such, except when
such priest, preacher, minister, or dignitary is assigned to the armed forces, or to
any penal institution, or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose shall be treated as
a special fund and paid out for such purpose only. I f the purpose for which a
special fund was created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the Government.

Appropriation is an authorization made by law or other legislative enactment,

directing payment out of government funds under specified conditions and/or for
specified purposes.
Appropriation bill is one the primary and specific aim of which is to make
appropriations of money from the public treasury.
Revenue Bill is one the primary and specific purpose of which is to raise revenue.

Demetria v. Alba
Paragraph 1 of PD 1177 is unconstitutional. It overextends the privilege granted
under Sec. 25 (5), Article VI. It empowers the President to indiscriminately
transfer funds from one department xxx or agency of the Executive department to
any program xxx of any department xxx included in the General Appropriations
Act xxx without regards as to whether or not the funds to be transferred are
actually savings in the item from which the same are to be taken.
Augmentation Power- the power of the heads of the department to reallocate
funds taken from their savings and which must be provided by law.

Guingona v. Carague
Although the Congress is mandated to assign the highest priority to education, it
does not deprive Congress of the power to respond to the imperatives of the
national interest. They are vested with the power to reasonably service our debt
to protect the credit standing of our country and our economy.
The automatic appropriation for debt service in the 1990 budget is not violative of
Art. VI, Sec. 29(1). Our Constitution does not require a definite, certain, or
specific appropriations made by law. Our Constitution simply states that money
paid out of the treasury must be made pursuant to an appropriation made by law.

Philconsa v. Enriquez
The power of appropriation lodged in Congress carries with it the power to
specify the project or activity to be funded under the appropriation law, but it is
still the executive that implements the project or activity specified to be funded.
The constitutional provision which directs the State shall assign the highest
budgetary priority to education is merely directory.
Any provision which does not relate to any particular item, or which extends in its
operation beyond an item of appropriation, is considered an inappropriate
provision which can be vetoed separately from an item.
The President can veto inappropriate provisions separately from other provisions.

Note: A Congressman cannot realign appropriation by himself. He has to get the

approval of the Speaker.

As a general rule, the President may not veto a bill in part and approve it in part.
The exception is provided in paragraph 2, Section 27 (line-veto power or item-
veto power3 of the President).
Art VI Section 27(2) - The President shall have the power to veto any
particular item or items in an appropriation, revenue, or tariff bill, but veto
shall not affect the item or items to which he does not object.
Note: The present Constitution only states item-veto but nothing specifies
provision veto. However, jurisprudence (Gonzales v Macaraig and
PHILCONSA v Enriquez) tackles the question on provision veto, which
actually was expressly provided in the 1935 Constitution.)

Doctrine of Inappropriate Provision- The authority of the President to decide

whether or not certain provision in a bill is constitutional.

a2.2. Tax laws

Article VI, Section 28

3
can be applied only in appropriation, revenue, or tariff bill.
(1) The rule of taxation shall be uniform and equitable. The Congress shall
evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix within specified
limits, and subject to such limitations and restrictions as it may impose, tariff
rates, import and export quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development program of the
Government.
(3) Charitable institutions, churches and parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation.
(4) No law granting any tax exemption shall be passed without the concurrence
of a majority of all the Members of the Congress.

Power to tax, like police power and power of eminent domain, is an inherent
power of the government. It need not be stated by the Constitution. Section 28 is
not a grant of power but an enumeration of limits on taxing power.

Power to tax can only be exercised for public purpose.

Delegated tax legislation

Article VI, Sec. 28 (2) supra.
Article X, Sec. 5- Each local government unit shall have the power to create its
own sources of revenues and to levy taxes, fees, and charges subject to such
guidelines and limitations as the Congress may provide, consistent with the basic
policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively
to the local governments.

Tolentino v. Sec. of Finance

What the Constitution simply means is that the initiative for filing revenue, tariff or
tax bills, bills authorizing an increase of the public debt, bills of local application,
and private bills must come from the House of Representatives on the theory that
they are more sensitive to the local needs and problems. The Constitution does
not prohibit the filing in the Senate of a substitute bill in anticipation of its receipt
of the bill from the House, so long as action by the Senate as a body is withheld
pending the receipt of the House bill.

Because the Senate bill was a mere amendment of the Hose Bill, it does not
have to pass second and third reading. More so, it was certified by the President
as urgent. The certification of the president dispensed with the requirement not
only of printing but also that of reading the bill on separate days. 4

4
Article VI, Section 26 (2). No bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have been distributed to its
Members three days before its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no
 Lung Center v. Q.C
Lung Center should not be exempted from real property taxes. It failed to prove
that the entire property is actually, directly, and exclusively used for charitable
purposes. Only those portions of the hospital used for the patients are exempted.
The lease portions for commercial use are not exempt from tax.

Tan v. Del Rosario

Uniformity of taxation simply means that: 1) The standards that are used are
substantial and not arbitrary; 2) Categorization is germane to achieve the
legislative purpose; 3) The law applies, all things being equal, to both present
and future conditions; and 4) Classification applies equally well to all those
belonging to the same class.

Garcia v. Executive Secretary

Generally, power of taxation is exclusive to Congress. Congress cannot delegate
powers to others. Exceptions: Section 28(2) of Article VI, and Section 5 of Article
X.

John Hay v. Lim

Tax exemption grant is unconstitutional. Incentives under R.A. 7227 are
exclusive to the Subic Special Economic Zone. More importantly, under Section
28 (4) Article VI, only the Legislature can, through a concurrence of a majority of
all its members, grant tax exemptions.

a2.3. Appellate Jurisdiction of the Supreme Court

Article VI, Sec. 30
No law shall be passed increasing the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its advice and concurrence.

Fabian v. Desierto
Section 27 of RA 6770 which provides for appeals in administrative disciplinary
cases from the Office of the Ombudsman to the SC is not valid. Appeals from
judgments and final orders of quasi-judicial agencies are now required to be
brought to the CA on a verified petition for review, under the requirements and
conditions in Rule 43 which was precisely formulated and adopted to provide for
a uniform rule of appellate procedure for quasi-judicial agencies.

A8b. Procedure for the passage of bills

(a) The Secretary reports for the first reading, which consists of reading the
number and title of the bill, followed by its referral to the appropriate Committee
for study and recommendation.

amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and
the yeas and nays entered in the Journal.
(b) Second Reading: The bill shall be read in full with the amendments proposed
by the Committee, if any, unless copies thereof are distributed and such reading
is dispensed with. After the amendments, the bill will be voted on second
reading.
(c) Third Reading: The bill approved on second reading will be submitted for final
votes by yeas and nays. No amendments may be introduced.
(d) The bill approved on the third reading by one house is transmitted to the other
House for concurrence, which will follow the same procedures as a bill originally
filed with it.
(e) If the other House introduces amendments and the House from which it
originated does not agree with said amendments, the differences will be settled
by the Conference Committee of both chambers, whose report or
recommendation thereon will have to be approved by both Houses in order that it
will be considered passed by Congress and thereafter sent to the President for
action.
(f) If the President shall it, and if after such consideration, two-thirds of all the
Members of such House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House by which it shall likewise be reconsidered, and
if approved by two-thirds of all the Members of that House, it shall become a law.

Gonzales v. Macaraig
Veto is valid where the item in the Appropriations bill is deemed inappropriate
pursuant to Article VI Sec 25 (2). Section 55 and Section 16 were deemed
inappropriate and are thus validly subject to veto for the following reasons: (1)
does not relate to any particular appropriation but applies more to a general
policy in respect to augmentation from savings; and, (2) it is repugnant to Article
VI, Section 25(5), impairing the authority of the President and other officials to
augment any item from savings xxx.

Bengzon v. Drilon
The President exceeded her item-veto power accorded by the Constitution
[Article VI, Sec. 27 (2)]. The power to disapprove any item or items in an
appropriation bill does not grant the authority to veto a part of an item and to
approve the remaining portion. In this case, portions of an item have been
chopped up into vetoed and unvetoed parts. Moreover, the vetoed portions are
not items. They are provisions.

Mardo v. Miller
Aproposed bill does not become a law upon legislative inaction or adjournment of
Congress.

A8c. Effectivity of Laws

Tanada v. Tuvera
Publication is indispensable for the validity of laws.
Article 2 of the Civil Code- "Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, or in a newspaper of
general circulation in the Philippines, unless it is otherwise provided." (As
amended by EO 200)

unless otherwise provided by law refers to the date of effectivity.

What laws need to be published in Official Gazette or newspaper of general

circulation?
*Laws of General Applicability
*Important Laws

Judicial Notice- A doctrine of evidence applied by a court that allows the court to
recognize and accept the existence of a particular fact commonly known by
persons of average intelligence without establishing its existence by admitting
evidence in a civil or criminal action.

EXECUTIVE ORDER NO. 200 June 18, 1987 PROVIDING FOR THE
PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A
REQUIREMENT FOR THEIR EFFECTIVITY

A8d. Question Hour- Article VI, Section 22The heads of departments may upon
their own initiative, with the consent of the President, or upon the request of
either House, as the rules of each House shall provide, appear before and be
heard by such House on any matter pertaining to their departments.xxx

The provision is permissive.

President may or may not consent to appearance, may require that appearance
to be in executive session.

Congress may refuse initiative by department secretary.

Section 22 establishes the rule for exercise of oversight function.

Oversight Function- enables Congress how passed laws are implemented.

Congress evaluates the law whether it needs amendment or another law.

Exemption from summons apply only to Department heads and not everyone in
Cabinet.

A8e. Legislative Investigation- Article VI, Section 21

The Senate or the House of Representatives or any of its committees may
conduct inquiries in aid of legislation in accordance with its duly published rules
of procedure. The rights of persons appearing in affected by such inquiries shall
be respected.

Legislative investigation is the power to make investigation and exact testimony

to exercise legislative functions advisedly and effectively.

Arnault v. Nazareno
Senate has the authority to commit a witness if he refuses to answer a question
pertinent to a legislative inquiry, to compel him to give information- COERCIVE
POWER.

Once an inquiry is admitted or established to be within the jurisdiction of a

legislative body to make, the investigating committee has the power to require a
witness to answer any question pertinent to that inquiry, subject of course to his
constitutional right against self-incrimination.

Senate has authority to commit him for contempt for a term beyond its period of
legislative session. Senate is a continuing body and which does not cease to
exist upon the periodical dissolution of the Congress or of the House of
.Representatives. There is no limit as to time to the Senate's power to punish
for contempt in cases where that power may constitutionally be exerted as in the
present case.

"Testimony which is obviously false or evasive is equivalent to a refusal to testify

and is punishable as contempt, assuming that a refusal to testify would be so
punishable."

Arnault v. Balagtas
The continued confinement is valid. The confinement is not a punishment but
merely to coerce Arnault into telling the truth.

Limits on the Power of Legislative Investigation

1. Must be in aid of legislation
In Begzon v. Senate Blue Ribbon Committee, the Court ruled that the
investigation was not in aid of legislation but merely tried to determine whether
the relatives of Pres. Aquino violated the law. The case was also dismissed
because the issue was already in court. Hence, the legislative investigation
cannot be invoked, or the legislature cannot inquire.
2. Must be in accordance with its duly published rules of procedure.
3. The rights of persons appearing in affected by such inquiries shall be
respected.

Senate v. Ermita
Section 1 of EO 464 is valid. Under Section 22 of Article VI, the appearance of
department heads in the question hour is discretionary on their part. However,
Section 1 cannot be applied to appearances of department heads in inquiries in
aid of legislation. Congress is not bound in such instances to respect the refusal
of the department head to appear in such inquiry, unless a valid claim of privilege
is subsequently made, either by the President herself or by the Executive
Secretary.

Section 2b is invalid because it enumerates persons. Executive privilege is

properly invoked in relation to specific categories of information and not to
categories of persons..

Sabio v. Gordon
Section 4(b) of EO No. 15 is repealed by Sec. 21 of Article VI. The power of
inquiry is broad enough to cover officials of the executive branch.

Neri v. Senate
What is executive privilege?
It is the right of the President and high-level executive branch
officials to withhold information from Congress, the courts and the
public.

What are the types of executive privilege?

a. state secrets (regarding military, diplomatic and other
security matters)
b. identity of government informers
c. information related to pending investigations
d. presidential communications
e. deliberative process

What are the types of executive privilege?

a. state secrets (regarding military, diplomatic and other
security matters)
b. identity of government informers
c. information related to pending investigations
d. presidential communications
e. deliberative process

What is the type of executive privilege claimed in this case?

The type of executive privilege claimed in this case is the
presidential communications privilege.

Is there a presumption in favor of presidential communications?

Yes. Presidential communications are presumptively privileged. It can be over
be overcome by compelling need in the interest of justice. In this case, Senate

5
No member of the Commission shall be required to testify or produce evidence in any judicial, legislative or
administrative proceeding concerning matters within its official cognizance.
committees have not adequately shown compelling need for the answers of the
three questions.

What are the elements of the presidential communications privilege?

a. The protected communication must relate to a quintessential
and non-delegable presidential power.
b. The communication must be authored or solicited and
received by a close advisor of the President or the President
himself. The advisor must be in operational proximity with the
President.
c. The privilege is a qualified privilege that may be overcome
by a showing of adequate or compelling need that would justify the
limitation of the privilege and that the information sought is
unavailable elsewhere by an appropriate investigating agency.

What are examples of quintessential and non-delegable presidential

powers which are covered by the presidential communications
privilege?
*powers of the president as commander-in-chief (i.e., to call
out the armed forces to suppress violence, to declare martial law, or
to suspend the privilege of the writ of habeas corpus)
*the power to appoint officials and remove them
*the power to grant pardons and reprieves
*the power to receive ambassadors
*the power to negotiate treaties and to enter into execute agreements.

Three Questions invoked by Neri to be an Executive Privilege by Order of the

President
a. Whether the President followed up on the NBN project?
b. Were you dictated to prioritize the ZTE?
c. Whether the President said to go ahead and approve the
project after being told about the alleged bribe?

The three questions are presidential communication.

Is executive privilege absolute?

No. Any claim of executive privilege must be weighed against other interests
recognized by the constitution, like the state policy of full public disclosure of all
transactions involving public interest, the right of the people to information on
matters of public concern, the accountability of public officers, the power of
legislative inquiry, and the judicial power to secure evidence in deciding cases.

US v. Nixon
418 US 683 (1974)
FACTS: US President Richard Nixon was included as an unindicted conspirator in
a case with various offenses among which were conspiracy to defraud the US
and obstruct justice in the US District Court for the District of Columbia. A
subpoena duces tecum was issued upon the motion of special prosecutor to
require the production of certain tapes, memoranda, papers, transcripts or other
writing relating to certain precisely identified meetings. Presidents counsel filed a
motion to quash subpoena invoking the privilege of the President against
disclosure of such information.
Issue: Whether or not executive privilege can be invoked to cover a crime.
HELD: No. The special prosecutor has made a sufficient showing to justify a
subpoena. Whatever the nature of the privilege of confidentiality of presidential
communication in the exercise of executive power, the privilege can be said to
derive from the supremacy of each branch within its own assigned area of
constitutional duties. However, neither the doctrine of separation of powers nor
the need for confidentiality of high-level communication can sustain absolute,
unqualified Presidential privilege of immunity from judicial process under all
circumstances.

A9. Other Powers

a. Act as board of canvassers for presidential election-Article VII, Section 4;
Pimentel v. Joint Com.
Article VII, Section 4
The returns of every election for President and Vice-President, duly certified by
the board of canvassers of each province or city, shall be transmitted to the
Congress, directed to the President of the Senate. Upon receipt of the certificates
of canvass, the President of the Senate shall, not later than thirty days after the
day of the election, open all the certificates in the presence of the Senate and the
House of Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the manner
provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed elected, but
in case two or more shall have an equal and highest number of votes, one of
them shall forthwith be chosen by the vote of a majority of all the Members of
both Houses of the Congress, voting separately.

Take note: When Congress act as national board of canvassers, it acts within its
non-legislative powers.6

b. Call a special election for Presidency- Article VII, Section 10

The Congress shall, at ten o'clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in
accordance with its rules without need of a call and within seven days, enact a
law calling for a special election to elect a President and a Vice-President to

6
Include power to canvass the presidential elections, to declare the existence of war, to give concurrence to
treaties and amnesties, to propose constitutional amendments and to impeach.
be held not earlier than forty-five days nor later than sixty days from the time of
such call. The bill calling such special election shall be deemed certified under
paragraph 2, Section 26, Article V1 of this Constitution and shall become law
upon its approval on third reading by the Congress. Appropriations for the special
election shall be charged against any current appropriations and shall be exempt
from the requirements of paragraph 4, Section 25, Article V1 of this Constitution.
The convening of the Congress cannot be suspended nor the special election
postponed. No special election shall be called if the vacancy occurs within
eighteen months before the date of the next presidential election.

c. Decide on disability of the president- Section 11, Article VII

Whenever the President transmits to the President of the Senate and the
Speaker of the House of Representatives his written declaration that he is unable
to discharge the powers and duties of his office, and until he transmits to them a
written declaration to the contrary, such powers and duties shall be discharged
by the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to the President
of the Senate and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of his
office, the Vice-President shall immediately assume the powers and duties of the
office as Acting President.
Thereafter, when the President transmits to the President of the Senate and to
the Speaker of the House of Representatives his written declaration that no
inability exists, he shall reassume the powers and duties of his office. Meanwhile,
should a majority of all the Members of the Cabinet transmit within five days to
the President of the Senate and to the Speaker of the House of Representatives,
their written declaration that the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue. For that purpose, the
Congress shall convene, if it is not in session, within forty-eight hours, in
accordance with its rules and without need of call.
If the Congress, within ten days after receipt of the last written declaration, or, if
not in session, within twelve days after it is required to assemble, determines by
a two-thirds vote of both Houses, voting separately, that the President is
unable to discharge the powers and duties of his office, the Vice-President shall
act as President; otherwise, the President shall continue exercising the powers
and duties of his office.

d. Legislative veto- Section 27, Article VI; or extension for habeas corpus or
declaration of martial law- Section 18, Article VII
Section 27, Article VI.(1) Every bill passed by the Congress shall, before it
becomes a law, be presented 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 where it originated, which shall enter the objections at large in its Journal
and proceed to reconsider it. If, after such reconsideration, two-thirds of all the
Members of such House shall agree to pass the bill, it shall be sent, together
with the objections, to the other House by which it shall likewise be reconsidered,
and if approved by two-thirds of all the Members of that House, it shall become a
law. In all such cases, the votes of each House shall be determined by yeas or
nays, and the names of the Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of any bill to the House where
it originated within thirty days after the date of receipt thereof, otherwise, it shall
become a law as if he had signed it.
(2) The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items
to which he does not object.
Section 18, Article VII. The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it becomes necessary, he may call
out such armed forces to prevent or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the public safety requires it, he
may, for a period not exceeding sixty days, suspend the privilege of the writ of
habeas corpus or place the Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus, the President shall submit a report in
person or in writing to the Congress. The Congress, voting jointly, by a vote of
at least a majority of all its Members in regular or special session, may revoke
such proclamation or suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress may, in the same
manner, extend such proclamation or suspension for a period to be determined
by the Congress, if the invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without need of
a call.
The Supreme Court may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus or the extension
thereof, and must promulgate its decision thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor
supplant the functioning of the civil courts or legislative assemblies, nor authorize
the conferment of jurisdiction on military courts and agencies over civilians where
civil courts are able to function, nor automatically suspend the privilege of the writ
of habeas corpus.
The suspension of the privilege of the writ of habeas corpus shall apply only to
persons judicially charged for rebellion or offenses inherent in, or directly
connected with, invasion.
During the suspension of the privilege of the writ of habeas corpus, any person
thus arrested or detained shall be judicially charged within three days, otherwise
he shall be released.

e. Presidential Amnesties- Section 19, Article VII

Except in cases of impeachment, or as otherwise provided in this Constitution,
the President may grant reprieves, commutations, and pardons, and remit fines
and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a
majority of all the Members of the Congress.

f. Concur in treaties- Section 21, Article VII

No treaty or international agreement shall be valid and effective unless concurred
in by at least two-thirds of all the Members of the Senate.

g. Declaration of existence of a state of war- Section 23(1) Article VI

Section 23. (1) The Congress, by a vote of two-thirds of both Houses in joint
session assembled, voting separately, shall have the sole power to declare the
existence of a state of war.
h. Delegation of emergency powers- Section 23 (2) Article VI
Section 23 (2) In times of war or other national emergency, the Congress may,
by law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper to carry
out a declared national policy. Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next adjournment thereof.

i. Utilization of natural resources- Section 2(4) Article XII

The President may enter into agreements with foreign-owned corporations
involving either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law xxx.

j. Amendments of Constitution- Section 1 Article XVII

Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.

k. Power of impeachment- Section 3 Article XI

(1) The House of Representatives shall have the exclusive power to initiate
all cases of impeachment.
(6) The Senate shall have the sole power to try and decide all cases of
impeachment.