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PREAMBLE
Definition of Archipelago
We, the sovereign Filipino people, imploring the aid of Almighty
God, in order to build a just and humane society, and establish An archipelago is a body of water studded with islands. The
Philippine archipelago is that body of water studded with islands
a Government that shall embody our ideals and aspirations,
which is delineated in the Treaty of Paris (1898), as amended by the
promote the common good, conserve and develop our Treaty of Washington (1900) and the Treaty of Great Britain (1930).
patrimony, and secure to ourselves and our posterity, the
blessings of independence and democracy under the rule of law
and a regime of truth, justice, freedom, love, equality, and Definition of “all other territories over which the Philippines has
peace, do ordain and promulgate this Constitution. sovereignty or jurisdiction”

ARTICLE I – THE NATIONAL TERRITORY It includes any territory that presently belongs or might in the
future belong to the Philippines through any of the internationally
The national territory of the Philippines comprises: accepted modes of acquiring territory.

1. The Philippine archipelago

2. With all the islands and waters embraced therein Archipelagic principle
3. And all other territories over which the Philippines has
sovereignty or jurisdiction Two elements:
4. Consisting of its 1. The definition of internal waters (as provided above);
a. Terrestrial 2. The straight baseline method of delineating the territorial
b. Fluvial; and sea – consists of drawing straight lines connecting
CODE: TFA appropriate points on the coast without departing to any
c. Aerial domains appreciable extent from the general direction of the coast.
5. Including its
a. Territorial sea Important distances with respect to the waters around the
b. The seabed Philippines
c. The subsoil
CODE: TSSIO 1. Territorial sea - 12 nautical miles (n.m.)
d. The insular shelves; and 2. Contiguous zone - 12 n.m. from the edge of the
e. The other submarine areas territorial sea
6. The waters 3. Exclusive economic zone - 200 n.m. from the baseline
a. Around [includes (1) and (2)]
b. Between and
c. Connecting
d. The islands of the archipelago
CODE: ABCI
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines
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ARTICLE II – DECLARATION OF PRINCIPLES AND 3. According to the Principle of AUTO-LIMITATION:
STATE POLICIES Sovereignty is the property of the state-force due to which it
has the exclusive capacity of legal self-determination and self-
Selected principles restriction.

SEC 1. The Philippines is a democratic and republican State. Definition of “Government”

Sovereignty resides in the people and all government authority
emanates from them. 1. That institution or aggregate of institutions
2. by which an independent society
Elements of a State (for municipal law purposes) CODE: 3. makes and carries out those rules of action
PTSG 4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by
1. A community of persons, more or less numerous (PEOPLE) those who possess the power or authority of prescribing them.
2. Permanently occupying a definite portion of territory
(TERRITORY)
3. Independent of external control (SOVEREIGNTY) Classification of governments
4. Possessing an organized government to which the great body of
inhabitants render habitual obedience (GOVERNMENT) 1. De jure - one established by the authority of the legitimate
sovereign
Definition of “People” CODE: 2. De facto - one established in defiance of the legitimate
CNCH sovereign

1. A Community of persons; Classification of de facto governments

2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; 1. De facto proper
and a. That government that gets possession and control of
4. Held together by a common bond of law. b. or usurps by force or by the voice of majority
c. the rightful legal government
Definition of “Sovereignty” d. and maintains itself against the will of the latter.

1. LEGAL sovereignty 2. Government of paramount force

a. The supreme power to make law. a. That which is established and maintained by military forces
b. It is lodged in the people. b. who invade and occupy a territory of the enemy
c. in the course of war.
2. POLITICAL sovereignty
a. The sum total of all the influences in a state, 3. That established as an independent government by the
b. Legal and non-legal, inhabitants of a country who rise in insurrection against the parent
c. Which determine the course of law. 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.
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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.
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:
a. The possession, control and manufacture of nuclear
weapons
b. Nuclear arms tests.
2. The policy does NOT prohibit the peaceful uses of nuclear energy.
SEC. 9. The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all.
SEC. 10. The State shall promote social justice in all phases of
national development.
SEC. 11. The State values the dignity of every human person and
guarantees full respect for human rights.
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. The natural and primary right
and duty of parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive the support
of the Government.
Principle that the family is not a creature of the state.
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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. 13. The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It shall inculcate in
the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.
SEC. 14. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the
law of women and men.
SEC. 15. The State shall protect and promote the right to health of
the people and instil health consciousness among them.
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. 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total
human liberation and development.
SEC. 18. The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their
welfare.
SEC. 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
SEC. 20. The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides
incentives to needed investments.
SEC. 21. The State shall promote comprehensive rural
development and agrarian reform.
SEC. 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of
national unity and development.
SEC. 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote the
welfare of the nation.
SEC. 24. The State recognizes the vital role of communication
and information in nation building.
SEC. 25. The State shall ensure the autonomy of local
governments.
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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.
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.
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Limits on the legislative power of Congress: Sections 2-4. SENATE

1. Substantive – limitations on the content of laws. E.g. no law shall Composition

be passed establishing a state religion.
2. Procedural – limitations on the manner of passing laws. E.g.
generally a bill must go through three readings on three separate
days.
24 senators who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.
Qualifications

Note: 1. Natural-born citizen;

Provided that these two limitations are not exceeded, 2. At least 35 years old on the day of election;
Congress’ legislative power is plenary. 3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the
Corollaries of legislative power: day of the election.

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.
2. 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.
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.

EXCEPTIONS: Term Limitations:

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.
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 250 members, unless otherwise fixed by law; and
2. Party-list Representatives

Election of 250 members
1. They shall be elected from legislative districts apportioned among
the provinces, cities and the Metropolitan Manila area.
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.
a. Each district shall comprise, as far as practicable,
contiguous, compact and adjacent territory;
b. Each city with at least 250,000 inhabitants will be entitled
to at least one representative.
c. Each province will have at least one representative.
d. 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.
e. 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.
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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
1. Definition
a. Terms means the period during which the elected officer is
legally authorized to assume his office and exercise the
powers thereof.
b. Tenure is the actual period during which such officer
actually holds his position.
2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. 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)
2. 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.

3. Mechanics of the party-list system:
a. Registered organizations submit a list of candidates in
order of priority.
b. During the elections, these organizations are voted for at
large.
c. The number of seats that each organization gets out of the
20% allotted to the system depends on the number of
votes they get.
4. Qualifications
a. Natural born citizen of the Philippines
b. At least 25 years of age on the day of the election
c. Able to read and write
SEC. 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.
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:
a. 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.
b. If Congress is in recess, members thereof may be
arrested.
c. The immunity is only with respect to arrests and NOT to
prosecution for criminal offenses.
2.) Legislative privilege:
a. 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.
b. 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,’
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i.e. part of the deliberative and communicative process 4. Legislators cannot be financially During his term of office.
used to participate in legislative proceedings in interested directly or indirectly in
consideration of proposed legislation or with respect to any contract with or in any
other matters with Congress’ jurisdiction. franchise, or special privilege
granted by the Government, or
any subdivision, agency or
SEC. 12. All Members of the Senate and the House of instrumentality thereof, including
Representatives shall, upon assumption of office, make a full any GOCC or its subsidiary.
disclosure of their financial and business interests. They shall 5. Legislators cannot intervene in When it is for his pecuniary
notify the House concerned of a potential conflict of interest that any matter before any office of benefit or where he may be
may arise from the filing of a proposed legislation of which they the government. called upon to act on account of
are authors. his office.

SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS: SEC. 15: REGULAR AND SPECIAL SESSIONS

Disqualifications: Regular Sessions:

DISQUALIFICATION WHEN APPLICABLE 1.) Congress convenes once every year on the 4th Monday of July
(unless otherwise provided for by law)
1. Senator/Member of the House During his term. If he does so, 2.) Continues in session for as long as it sees fit, until 30 days before
cannot hold any other office or he forfeits his seat. the opening of the next regular session, excluding Saturdays,
employment in the Government Sundays, and legal holidays.
or any subdivision, agency or
Instrumentality thereof, including Special Sessions:
GOCCS or their subsidiaries.
2. Legislators cannot be appointed IF the office was created or the Called by the President at any time when Congress is not in session.
to any office. emoluments thereof increased
during the term for which he was SEC. 16. Officers:
elected.
3. Legislators cannot personally During his term of office. 1.) Senate President;
appear as counsel before any 2.) Speaker of the House; and
court of justice, electoral tribunal, 3.) Each House may choose such other officers as it may deem
quasi-judicial and administrative necessary.
bodies.
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 House’s 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
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.
2.) Expulsion
a. 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.
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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 ET’s 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 ET’s 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 ET’s, 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 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.
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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:
a. Heads of the Executive Departments (except if it is the Vice-
President who is appointed to the post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain:
and
d. 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.
SEC. 19. The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days after the
Senate and the House of Representatives shall have been
organized with the election of the President and the Speaker. The

Commission on Appointments shall meet only while the
Congress is in session, at the call of its Chairman or a majority
of all its Members, to discharge such powers and functions as
are herein conferred upon it.
SEC. 20. The records and books of accounts of the Congress
shall be preserved and be open to the public in accordance with
law, and such books shall be audited by the Commission on
Audit which shall publish annually an itemized list of amounts
paid to and expenses incurred for each Member.
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.
2. 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
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because the Senate, with its staggered terms, is a continuing
body.
3. 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.
4. 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.
5. 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
2. The rights of persons appearing in or affected by such inquiries
shall be respected. Ex. The right against self-incrimination.
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.
2. Department heads may appear before Congress in the following
instances:
a. Upon their own initiative, with the consent of the President
(and that of the House concerned); or
b. Upon the request of either House (which cannot compel them
to attend)
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3. The appearance will be conducted in EXECUTIVE SESSION 5. Bills of local application
when: 6. Private bills

a. Required by the security of state or required by public Note: The Senate may, however, propose or concur with
interest; and amendments.
b. When the President so states in writing
Appropriation bills

Sections 23-24. DECLARATION OF WAR/EMERGENCY 1. The primary and specific aim of an appropriation bill is to
POWERS appropriate a sum of money from the public treasury.

Vote requirement: (to declare the existence of a state of war) 2. Thus, a bill enacting the budget is an appropriations bill.

1. 2/3 of both Houses, in joint session 3. BUT: A bill creating a new office, and appropriating funds therefor
2. Voting separately is NOT an appropriation bill.

Emergency powers: Revenue Bill

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.
2. Limitations:
a. Powers will be exercised for a limited period only; and
b. Powers will be subject to restrictions prescribed by
Congress
1. A revenue bill is one specifically designed to raise money or
revenue through imposition or levy.
2. 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

3. Expiration of emergency powers A bill of local application, such as one asking for the conversion of a
a. By resolution of Congress or municipality into a city, is deemed to have originated from the House
b. Upon the next adjournment of Congress 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.
Sections 24-27, 30-31 LEGISLATION
Limitations:
Bills that must originate from the House of Representatives
(Section 24) 1. For appropriation bills:
CODE: A R T Pu Lo P
a. Congress cannot increase the appropriations recommended
1. Appropriation bills by the President for the operation of the Government as
2. Revenue bills specified in the budget.
3. Tariff bills
4. Bills authorizing the increase of public debt

b. 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.
c. The procedure in approving appropriations for Congress shall
strictly follow the procedure for approving appropriations for
other departments and agencies.
d. 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.
e. Transfer of appropriations:
i. Rule: No law shall be passed authorizing any transfer
of appropriations
ii. 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
f. Discretionary funds appropriated for particular officials shall
be:
i. Disbursed only for public purposes;
ii. Should be supported by appropriate vouchers; and
iii. Subject to guidelines as may be prescribed by law.
g. 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.
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2. For law granting tax exemption
It should be passed with the concurrence of a MAJORITY of ALL
the members of Congress.
3. For bills in general
a. 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.
b. 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.
 15
Third reading – only the title is read, no amendments are
allowed. Vote shall be taken immediately thereafter and d. Veto of RIDER
the yeas and nays entered in the journal.
1. A rider is a provision which does not relate to a particular
appropriation stated in the bill.
Veto power of President: 2. Since it is an invalid provision under Section 25(2), the
President may veto it as an item.
1. Every bill, in order to become a law, must be presented to and
signed by the President. Specific limitations on legislation

2. If the President does not approve of the bill, he shall veto the 1. No law shall be enacted increasing the Supreme Court’s appellate
same and return it with his objections to the House from which it jurisdiction without the SC’s advice and concurrence.
originated. The House shall enter the objections in the Journal
and proceed to reconsider it. 2. No law shall be enacted granting titles of royalty or nobility.

3. 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.
4. This rule eliminates the ‘pocket veto’ whereby the President would
simply refuse to act on the bill.
5. 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.
6. Item veto
Section 28. POWER TO TAX
Limitations:
1) The rule of taxation should be UNIFORM
2) It should be EQUITABLE
3) Congress should evolve a PROGRESSIVE system of taxation.
4) The power to tax must be exercised for a public purpose because
the power exists for the general welfare
5) The due process and equal protection clauses of the Constitution
should be observed.

a. The President may veto particular items in an appropriation, Delegation of power to fix rates
revenue or tariff bill.
1) Congress may, BY LAW, authorize the President to fix the
b. This veto will not affect items to which he does not object. following:

c. Definition of item a) Tariff rates

TYPE OF BILL
1. Revenue/tax bill
2. Appropriations bill
b) Import and Export Quotas
ITEM c) Tonnage and wharfage dues
Subject of the tax and the tax d) Other duties and imposts
rate imposed thereon Within the framework of the national development program of the
Indivisible sum dedicated to a Government
stated purpose

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.
2) Limitations.
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))
3) Special Funds
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.
16
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.
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
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
 17
Section 32. INITIATIVE AND REFERENDUM

1) Through the system of initiative and referendum, the people can

directly propose and enact laws or approve or reject any act or law
or part thereof passed by the Congress or local legislative body.

2) Required Petition

a) Should be signed by at least 10% of the total number of

registered voters
b) Every legislative district should be represented by at least 3%
of the registered voters
c) Petition should be registered