ARTICLE I THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1.
2.
3.
4.

The Philippine archipelago

With all the islands and waters embraced therein
And all other territories over which the Philippines has sovereignty or jurisdiction
Consisting of its
1. Terrestrial
2. Fluvial; and
CODE: TFA
3. Aerial domains
5. Including its
1. Territorial sea
2. The seabed
3. The subsoil
CODE: TSSIO
4. The insular shelves; and
5. The other submarine areas
6. The waters
1. Around
2. Between and
3. Connecting
4. The islands of the archipelago
CODE: ABCI
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines
Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelago is that body of water studded
with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and
the Treaty of Great Britain (1930).
Definition of all other territories over which the Philippines has sovereignty or jurisdiction
It includes any territory that presently belongs or might in the future belong to the Philippines through any of the
internationally accepted modes of acquiring territory.
Archipelagic principle
Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea consists of drawing straight lines
connecting appropriate points on the coast without departing to any appreciable extent from the general
direction of the coast.
Important distances with respect to the waters around the Philippines
1. Territorial sea

12 nautical miles (n.m.)

2. Contiguous zone

12 n.m. from the edge of the territorial sea

3. Exclusive economic zone

200 n.m. from the baseline [includes (1) and (2)]

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ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles
Sec 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
Elements of a State (for municipal law purposes)
1.
2.
3.
4.

A community of persons, more or less numerous (PEOPLE)

Permanently occupying a definite portion of territory (TERRITORY)
Independent of external control (SOVEREIGNTY)
Possessing an organized government to which the great body of inhabitants render habitual obedience
(GOVERNMENT)

Definition of People
1.
2.
3.
4.

CODE: PTSG

CODE: CNCH

A Community of persons;
Sufficient in Number;
Capable of maintaining the continued existence of the community; and
Held together by a common bond of law.

Definition of Sovereignty
1. LEGAL sovereignty
1. The supreme power to make law.
2. It is lodged in the people.
1. POLITICAL sovereignty
1. The sum total of all the influences in a state,
2. Legal and non-legal,
3. Which determine the course of law.
1. According to the Principle of AUTO-LIMITATION:
Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination
and self-restriction.
Definition of Government
1.
2.
3.
4.
5.

That institution or aggregate of institutions

by which an independent society
makes and carries out those rules of action
which are necessary to enable men to live in a social state
or which are imposed upon the people forming that society by those who possess the power or authority of
prescribing them.

Classification of governments
1. De jure

one established by the authority of the legitimate sovereign

2. De facto

one established in defiance of the legitimate sovereign

Classification of de facto governments

1. De facto proper
1. That government that gets possession and control of
2. or usurps by force or by the voice of majority
3. the rightful legal government
4. and maintains itself against the will of the latter.

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1. Government of paramount force

1. That which is established and maintained by military forces
2. who invade and occupy a territory of the enemy
3. in the course of war.
1. That established as an independent government by the inhabitants of a country who rise in insurrection
against the parent state.
Definition of Republican State
It is one wherein all government authority emanates from the people and is exercised by representatives chosen
by the people.
Definition of Democratic State
This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and
referendum.
Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
Kind of war renounced by the Philippines
The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not renounce
defensive war.
Some generally accepted principles of international law recognized by the Court:
1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the country is
due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war criminals (Kuroda v. Jalondoni, 83 Phil.
171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
Amity with all nations
This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains a matter of
executive discretion.
Sec 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is
the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity
of the national territory.
Civilian authority/supremacy clause (1st sentence)
1. Civilian authority simply means the supremacy of the law because authority, under our constitutional
system, can only come from law.
2. Under this clause, the soldier renounces political ambition.
Mark of sovereignty (2nd and 3rd sentences)
1. Positively, this clause singles out the military as the guardian of the people and of the integrity of the
national territory and therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.
Sec 4. The prime duty of the Government is to serve and protect the people. The Government may call
upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal, military, or civil service.
Sec. 5. The maintenance of peace and order, the protection of life, liberty and property, and the promotion
of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
Sec. 6. The separation of Church and State shall be inviolable.
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Selected state policies

Sec. 7. The State shall pursue an independent foreign policy. In its relations with other states, the
paramount consideration shall be national sovereignty, territorial integrity, national interest, and the
right to self-determination.
Sec. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
Policy of freedom from nuclear weapons
1. The policy PROHIBITS:
1. The possession, control and manufacture of nuclear weapons
2. Nuclear arms tests.
1. The policy does NOT prohibit the peaceful uses of nuclear energy.
Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a
basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn
from conception. etc.
Principle that the family is not a creature of the state.
Protection for the unborn
1. It is not an assertion that the unborn is a legal person.
2. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the
mother. Hence, when it is necessary to save the life of the mother, the life of the unborn may be sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot
be adopted in the Philippines because the life of the unborn is protected from the time of conception.
Sec. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
1. While the right to a balanced and healthful ecology is found under the declaration of Principle and State
Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and
political rights enumerated in the latter. (Oposa v. Factoran)
2. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing
the environment. (Oposa v. Factoran)
Sec. 26. The State shall guarantee equal access to opportunities for public service, and prohibit political
dynasties as may be defined by law.
Sec. 27. The State shall maintain honesty and integrity in the public service and take positive and effective
measures against graft and corruption.
Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of
full public disclosure of all its transactions involving public interest.

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ARTICLE IV CITIZENSHIP
Who are citizens of the Philippines?
1)

Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution

2)

Those whose fathers or mothers are citizens of the Philippines.

3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the
age of majority.
4)

Those who are naturalized in accordance with law.

Modes of acquiring citizenship:

1)

Jus Soli acquisition of citizenship on the basis of place of birth

2)

Jus Sanguinis acquisition of citizenship on the basis of blood relationship

3)

Naturalization the legal act of adopting an alien and clothing him with the privilege of a native-born citizen.

Note: The Philippines follows (2) and (3)

Election of citizenship under the 1987 Constitution:
Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her child
would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973 Constitution, however,
children born of Filipino mothers were already considered Filipinos. Therefore, the provision on election of
citizenship under the 1987 Constitution only applies to those persons who were born under the 1935
Constitution. In order for the children to elect Filipino citizenship, the mothers must have been Filipinos at the
time of their marriage. So, if your mother was a Filipina who married an alien under the 1935 constitution and you
were born before January 17, 1973, you can elect Filipino citizenship upon reaching the age of majority.
When must the election be made:
The election must be made within a reasonable period after reaching the age of majority.
Effects of naturalization:
1)

The legitimate minor children of the naturalized father become Filipinos as well.

2) The wife also becomes a Filipino citizen, provided that she does not have any disqualification which would
bar her from being naturalized.
Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their
Philippine citizenship.
2)

Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.

Marriage of Filipino with an alien:

1) General Rule: The Filipino RETAINS Philippine citizenship
2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it.
Examples of renunciation of Philippine citizenship:
1)

Voluntarily obtaining foreign passport

2)

Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country)
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Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via repatriation
proceedings. This involves taking an oath of allegiance and filing the same with the civil registry.
How may one lose citizenship:
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of ones country
How may one reacquire citizenship:
1. By direct act of Congress
2. By naturalization
3. By repatriation

ARTICLE V SUFFRAGE
Qualifications:
CODE: CD18RR
1) Citizen of the Philippines
2) Not Disqualified by law
3) At least 18 years old
4) Resident of the Philippines for at least 1 year
5) Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the
election.
Note: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage.
Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines.
2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in the place where one
wants to vote. In this case, residence can either mean domicile or temporary residence.
Disqualifications:
1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability has not
been removed by plenary pardon.
2)

Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines.

3)

Insane or feeble-minded persons.

Note: Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration of 5 years
after the service of sentence.

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ARTICLE VI THE LEGISLATIVE DEPARTMENT

Sec. 1. The legislative power shall be vested in the Congress of the Philippines, which shall consist of a
Senate and a House of Representatives, except to the extent reserved to the people by the provision on
initiative and referendum.
Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1. Original Possessed by the people in their sovereign capacity
2. Delegated Possessed by Congress and other legislative bodies by virtue of the Constitution
3. Constituent The power to amend or revise the Constitution
4. Ordinary The power to pass ordinary laws
Note:
The original legislative power of the people is exercised via initiative and referendum. In this manner, people can
directly propose and enact laws, or approve or reject any act or law passed by Congress or a local government unit.
Limits on the legislative power of Congress:
Substantive limitations on the content of laws. E.g. no law shall be passed establishing a state religion.
Procedural limitations on the manner of passing laws. E.g. generally a bill must go through three
readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress legislative power is plenary.
Corollaries of legislative power:
1. Congress cannot pass irrepealable laws. Since Congress powers are plenary, and limited only by the
Constitution, any attempt to limit the powers of future Congresses via an irrepealable law is not allowed.
1. Congress, as a general rule, cannot delegate its legislative power. Since the people have already delegated
legislative power to Congress, the latter cannot delegate it any further.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]
What may Congress delegate:
Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION. This
involves either of two tasks for the administrative agencies:
1. Filling up the details on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a contingent law or provision into actual operation.
Sections 2-4. SENATE
Composition
24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the election.
Note: The qualifications of both Senators and Members of the House are limited to those provided by the
Constitution. Congress cannot, by law, add or subtract from these qualifications.
Term of Office: 6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their
election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise fixed by law; and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts apportioned among the provinces, cities and the
Metropolitan Manila area.
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2. Legislative districts are apportioned in accordance with the number of inhabitants of each area and on the
basis of a uniform and progressive ratio.
Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;
Each city with at least 250,000 inhabitants will be entitled to at least one representative.
Each province will have at least one representative.
Legislative districts shall be re-apportioned by Congress within 3 years after the return of each
census. According to Jack, however, while the apportionment of districts is NOT a political question,
the judiciary CANNOT compel Congress to do this.
The standards used to determine the apportionment of legislative districts is meant to prevent
gerrymandering, which is the formation of a legislative district out of separate territories so as to
favor a particular candidate or party.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately preceding the day of the election.
Term of Office
1. Each member of the House shall be elected for a term of three (3) years which shall commence (unless
otherwise provided for by law) at noon on 30 June next following their election.
2. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.
Term Limitations
No member of the House of Representatives shall serve for more than three (3) consecutive terms.
Distinctions between Term and Tenure
Definition
1. Terms means the period during which the elected officer is legally authorized to assume his office and
exercise the powers thereof.
2. Tenure is the actual period during which such officer actually holds his position.
Limitation/Possible Reduction
1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office automatically
vacated when the holder thereof files a certificate of candidacy for another elective office (except
President and Vice-President) is valid, as it only affects the officers tenure and NOT his
constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under the party-list system (thus a
maximum of 50 party-list members of the House). However, for 3 consecutive terms from 2 February 1987
(i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral representatives. Under Art.
XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until legislation otherwise
provides.
Mechanics of the party-list system:
1. Registered organizations submit a list of candidates in order of priority.
2. During the elections, these organizations are voted for at large.
3. The number of seats that each organization gets out of the 20% allotted to the system depends on
the number of votes they get.
Qualifications
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election
3. Able to read and write
Sec. 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 law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term.
Sec. 10. Salaries of Senators and Members of the House
Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF
ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.
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Note: Since the Constitution provides for rules on salaries and not on emoluments, our distinguished legislators
can appropriate for themselves other sums of money such as travel allowances, as well as other side benefits.
Sec. 11: CONGRESSIONAL IMMUNITIES
1.) Immunity from arrest:
1. Legislators are privileged from arrest while Congress is in session with respect to offenses punishable by
up to 6 years of imprisonment. Thus, whether Congress is in regular or special session, the immunity from
arrest applies.
2. If Congress is in recess, members thereof may be arrested.
3. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.
2.) Legislative privilege:
1. No member shall be questioned or held liable in any forum other than his/her respective Congressional
body for any debate or speech in the Congress or in any Committee thereof.
Limitation on the privilege:
(i) Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are
otherwise privileged, a member may be sanctioned by either the Senate or the House as the case may be.
(ii)
The speech or debate must be made in performance of their duties as members of Congress. This
includes speeches delivered, statements made, votes cast, as well as bills introduced, and other activities done in
performance of their official duties.
(iii)
Congress need NOT be in session when the utterance is made, as long as it forms part of legislative
action, i.e. part of the deliberative and communicative process used to participate in legislative proceedings in
consideration of proposed legislation or with respect to other matters with Congress jurisdiction.
Sec. 12. All Members of the Senate and the 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.
Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
Disqualifications:
DISQUALIFICATION
WHEN APPLICABLE
1. Senator/Member of the House cannot hold During his term. If he does so, he forfeits his
any other office or employment in
seat.
the Government or any subdivision, agency
or Instrumentality thereof, including GOCCS or
their subsidiaries.
2. Legislators cannot be appointed to any
IF the office was created or the emoluments
office.
thereof increased during the term for which he
was elected.
3. Legislators cannot personally appear as
During his term of office.
counsel before any court of justice, electoral
tribunal, quasi-judicial and administrative
bodies.
4. Legislators cannot be financially interested During his term of office.
directly or indirectly in any contract with or in
any franchise, or special privilege granted by
the Government, or any subdivision, agency or
instrumentality thereof, including any GOCC or
its subsidiary.
5. Legislators cannot intervene in any
When it is for his pecuniary benefit or where
matter before any office of the government. he may be called upon to act on account of his
office.
Sec. 15: REGULAR AND SPECIAL SESSIONS
Regular Sessions:
1.) Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law)
2.) Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session,
excluding Saturdays, Sundays, and legal holidays.
Special Sessions:
Called by the President at any time when Congress is not in session.
Sec. 16. Officers:
1.) Senate President;
2.) Speaker of the House; and
3.) Each House may choose such other officers as it may deem necessary.
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Election of Officers
By a majority vote of all respective members.
Quorum to do business:
1. Majority of each House shall constitute a quorum.
2. A smaller number may adjourn from day to day and may compel the attendance of absent members.
3. In computing a quorum, members who are outside the country and thus outside of each Houses coercive
jurisdiction are not included.
Internal Rules:
1. Each House shall determine its own procedural rules.
2. Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of
powers, the courts cannot intervene in the implementation of these rules insofar as they affect the
members of Congress.
3. Also, since Congress has the power to make these rules, it also has the power to ignore them when
circumstances so require.
Discipline:
1.) Suspension
1. Concurrence of 2/3 of ALL its members and
2. Shall not exceed 60 days.
2.) Expulsion
1. Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers
of each House. Thus where the certifications are valid and are not withdrawn, the contents of the enrolled bill are
conclusive upon the courts as regards the provision of that particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of
the other House.
2.) Neither can they adjourn to any other place than that where the two houses are sitting, without the consent of
the other.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal which shall be composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.
Note: The congressional members of the ETs shall be chosen on the basis of proportional representation from the
political parties and party-list organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their
respective members. This includes determining the validity or invalidity of a proclamation declaring a particular
candidate as the winner.
2.) An election contest is one where a defeated candidate challenges the qualification and claims for himself the
seat of a proclaimed winner.
3.) In the absence of an election contest, the ET is without jurisdiction. However, the power of each House to
expel its own members or even to defer their oath-taking until their qualifications are determined may still be
exercised even without an election contest.
Issues regarding the Electoral Tribunals:
1.) Since the ETs are independent constitutional bodies, independent even of the House from which the members
are respectively taken, neither Congress nor the Courts may interfere with procedural matters relating to the
functions of the ETs, such as the setting of deadlines or filing their election contests with the respective ETs.
2.) The ETs being independent bodies, its members may not be arbitrarily removed from their positions in the
tribunal by the parties which they represent. Neither may they be removed for not voting according to party lines,
since they are acting independently of Congress.
3.) The mere fact that the members of either the Senate or the House sitting on the ET are those which are sought
to be disqualified due to the filing of an election contest against them does not warrant all of them from being
disqualified from sitting in the ET. The Constitution is quite clear that the ET must act with both members from the

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SC and from the Senate or the House. If all the legislator-members of the ET were to be disqualified, the ET would
not be able to fulfill its constitutional functions.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution was
rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process.
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the
political parties and party-list organizations.
Voting/Action
1.) The chairman shall only vote in case of a tie.
2.) The CA shall act on all appointments within 30 session days from their submission to Congress.
3.) The Commission shall rule by a majority vote of all the Members.
Jurisdiction
1.) CA shall confirm the appointments by the President with respect to the following positions:
1. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).
2. Ambassadors, other public ministers or consuls.
3. Officers of the AFP from the rank of Colonel or Naval Captain: and
4. Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members).
2.) Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be
subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions while Congress is not in session
shall only be effective until disapproval by the CA or until the next adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are also outside the scope of
congressional powers as well as that of the judiciary.
Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of Representative shall
have been organized with the election of the President and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may conduct inquires in aid of legislation.
2. In aid of legislation does not mean that there is pending legislation regarding the subject of the
inquiry. In fact, investigation may be needed for purposes of proposing future legislation.
3. If the stated purpose of the investigation is to determine the existence of violations of the law, the
investigation is no longer in aid of legislation but in aid of prosecution. This violates the principle of
separation of powers and is beyond the scope of congressional powers.
Enforcement:
1. Since experience has shown that mere requests for information does not usually work, Congress has the
inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated until such
time that they agree to testify.
1. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the body
ceases to exist after its final adjournment, the power to incarcerate ceases to exist as well. Thus, each
Congress of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is indefinite
because the Senate, with its staggered terms, is a continuing body.
1. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry is
within the scope of Congress powers. i.e. it is in aid of legislation.
1. The materiality of a question is determined not by its connection to any actually pending legislation, but by
its connection to the general scope of the inquiry.
1. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be
exercised by local government units unless they are expressly authorized to do so.
Limitations:
1. The inquiry must be conducted in accordance with the duly published rules of procedure of the House
conducting the inquiry; and
1. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The right against
self-incrimination.
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Appearance by department heads before Congress:

1. Since members of the executive department are co-equals with those of the legislative department, under
the principle of separations of powers, department heads cannot be compelled to appear before
Congress. Neither may the department heads impose their appearance upon Congress.
1. Department heads may appear before Congress in the following instances.
1. Upon their own initiative, with the consent of the President (and that of the House concerned); or
1. Upon the request of either House (which cannot compel them to attend)
1. The appearance will be conducted in EXECUTIVE SESSION when:
1. Required by the security of state or required by public interest; and
2. When the President so states in writing
Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS
Vote requirement: (to declare the existence of a state of war)
1. 2/3 of both Houses, in joint session
2. Voting separately
Emergency powers:
1. During times of war or other national emergency, Congress may, BY LAW, authorize the President to
exercise powers necessary and proper to carry out a declared national policy.
1. Limitations:
1. Powers will be exercised for a limited period only; and
2. Powers will be subject to restrictions prescribed by Congress
1. Expiration of emergency powers
1. By resolution of Congress or
2. Upon the next adjournment of Congress
Sections 24-27, 30-31 LEGISLATION
Bills that must originate from the House of Representatives (Section 24)
CODE: A R T Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills
Note: The Senate may, however, propose or concur with amendments.
Appropriation bills
1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public
treasury.
1. Thus, a bill enacting the budget is an appropriations bill.
1. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill.
Revenue Bill
1. A revenue bill is one specifically designed to raise money or revenue through imposition or levy.
1. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram
Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill.
Bills of local application
A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have
originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate
even if, in the end, the Senate approved its own version.
Limitations:
1. For appropriation bills:
1. Congress cannot increase the appropriations recommended by the President for the operation of the
Government as specified in the budget.
1. Each provision or enactment in the General Appropriations Bill must relate specifically to some particular
appropriation therein and any such provision or enactment must be limited in its operation to the
appropriation to which it relates.
1. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
1. A special appropriations bill must specify the purpose for which it is intended and must be supported by
funds actually available as certified by the National Treasurer or to be raised by a corresponding revenue
proposal therein.

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1. Transfer of appropriations:
1. Rule: No law shall be passed authorizing any transfer of appropriations
2. BUT the following 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

President

President of the Senate

Speaker of the House of Representatives

Chief of Justice of the Supreme Court

Heads of the Constitutional Commissions

1. Discretionary funds appropriated for particular officials shall be:
1. Disbursed only for public purposes;
2. Should be supported by appropriate vouchers; and
3. Subject to guidelines as may be prescribed by law.
1. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by Congress.
1. For law granting tax exemption
It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.
1. For bills in general
1. Every bill shall embrace only one (1) subject, as expressed in the title thereof
i. As a mandatory requirement
ii. The title does not have to be a complete catalogue of everything stated in the bill. It is sufficient if the title
expresses the general subject of the bill and all the provisions of the statute are germane to that general subject.
iii. A bill which repeals legislation regarding the subject matter need not state in the title that it is repealing the
latter. Thus, a repealing clause in the bill is considered germane to the subject matter of the bill.
1. Readings
1. In order to become a law, each bill must pass three (3) readings in both Houses.
2. General rule: Each reading shall be held on separate days & printed copies thereof in its final form shall be
distributed to its Members three (3) days before its passage.
3. Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to
meet a public calamity or emergency, the 3 readings can be held on the same day.
4. First reading only the title is read; the bill is passed to the proper committee
Second reading Entire text is read and debates are held, and amendments introduced.
Third reading only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and
the yeas and nays entered in the journal.
Veto power of President:
1. Every bill, in order to become a law, must be presented to and signed by the President.
1. If the President does not approve of the bill, he shall veto the same and return it with his objections to the
House from which it originated. The House shall enter the objections in the Journal and proceed to
reconsider it.
1. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he
fails to do so, the bill shall become a law as if he signed it.
1. This rule eliminates the pocket veto whereby the President would simply refuse to act on the bill.
1. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such
case, the veto is overriden and becomes a law without need of presidential approval.
1. Item veto
1. The President may veto particular items in an appropriation, revenue or tariff bill.
1. This veto will not affect items to which he does not object.
1. Definition of item
TYPE OF BILL
ITEM
1. Revenue/tax bill
Subject of the tax and the tax rate imposed thereon
2. Appropriations bill
Indivisible sum dedicated to a stated purpose
1. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated in the bill.
2. Since it is an invalid provision under Section 25(2), the President may veto it as an item.
Specific limitations on legislation
1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction without the SCs advice and
concurrence.
1. No law shall be enacted granting titles of royalty or nobility.
Section 28. POWER TO TAX

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Limitations:
1) The rule of taxation should be UNIFORM
2) It should be EQUITABLE
3) Congress should evolve a PROGRESSIVE system of taxation.
4) The power to tax must be exercised for a public purpose because the power exists for the general welfare
5) The due process and equal protection clauses of the Constitution should be observed.
Delegation of power to fix rates
1) Congress may, BY LAW, authorize the President to fix the following:
a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts
Within the framework of the national development program of the Government
2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to
such limitations and restrictions as it may impose.
Constitutional tax exemptions:
1) The following properties are exempt from REAL PROPERTY taxes
(CODE: Cha Chu M- CA)
a) Charitable institutions
b) Churches, and parsonages or convents appurtenant thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or
educational purposes.
2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and
duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational
purposes. (Art. XIV Sec 4 (3))
3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes
shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))
Section 29. Power of the Purse
1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law.
a) This places the control of public funds in the hands of Congress.
b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the rule does
not require yearly, or annual appropriation.
2) Limitations.
a) Appropriations must be for a PUBLIC PURPOSE
b) Cannot appropriate public funds or property, directly or indirectly, in favor of
(i) Any sect, church, denomination, or sectarian institution or system of religion or
(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.
EXCEPT if the priest, etc is assigned to:
the Armed Forces; or
any penal institution; or
government orphanage; or
leprosarium
c) BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it
incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the police also protects
the safety of clergymen.
d) ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available
for all religions
3) Special Funds
a) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such
purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the
Government
Section 32. INITIATIVE AND REFERENDUM
1) Through the system of initiative and referendum, the people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress or local legislative body.
2) Required Petition
a) Should be signed by at least 10% of the total number of registered voters
b) Every legislative district should be represented by at least 3% of the registered voters
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c) Petition should be registered

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