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Article VI

Legislative
Department
Legislative Power

Legislative power is essentially the


authority of the government to enact
laws, repeal, or amend them as well.

Legislative power in the Philippines is


vested in the Congress, which consists of
bicameral structure, namely: the Senate
and the House of Representative
Meaning of law
The term laws, as used previously,
refers to the statutes which are the
written enactments of the legislature
governing the relations of the people
among themselves or between them and
the government and its agencies.
Functions of laws
Through laws, the legislative defines
the rights and duties of citizens, imposes
taxes, appropriates funds, defines crimes
and provides for their punishment, creates
and abolishes government offices,
determines their jurisdiction and functions,
and in general, regulates human conduct
and the use of property for the promotion
of the common good.
Under the 1987 Constitution, the power to make,
propose or amend laws is also extended to the people,
in whom sovereignty resides, through the mechanisms
of initiative and referendum.
By Initiative, we mean that the authority is reserved to
the people through direct participation of the electorate
in law-making processes, either national or local level.
By Referendum, it means the process in which the
people are referred directly on any question of law
passed by Congress or a local legislative body for their
approval or rejection.
Scope and
Classification of the
Powers of Congress
1.General Legislative Power
A general legislative power of
Congress is usually undefined by the
Constitution. This power refers to the
overall authority to enact laws for the
people and the State, unless the
Constitution itself limits the subject
matter on which it may legislate.
2. Specific Powers
They are powers which the Constitution expressly
directs or authorizes Congress to exercise.

Among the specific powers of Congress as mandated by


the Constitution are:
a. Power to declare the existence of the state of war.
(Art. VI, Section 23 {1});
b. Power to delegate emergency powers to the President.
(Art VI, Sec. 23 {2});
c. Power to Appropriation (Art. VI, Sec 24-25);
d. Power to Taxation (Art. VI, Sec 28 {1-2});
e. Power to concur in treaties through the Senate and
the House of Representatives (Art. VII, Sec 21);

f. Power to concur the grant of Amnesty (Art. VII, Sec.


19); and

g. Power to act as Board of Canvassers for Presidential


and Vice-Presidential elections (Art VI, Sec. 4)
3. Implied Powers

From the meaning itself, implied powers are


those authority enjoyed by the legislature to
effectively exercise its constitutionally granted
powers, like the power to conduct investigation in aid
of legislation (Sec 21), or to determine the rules of its
proceedings (Sec. 16 {3})
4. Generally Non-Delegable Powers

These are powers that are essentially inherent in


the Congress, which need no legislation or
constitutional grant to that effect. These fundamental
powers of the State are taxation, eminent domain, and
police power.
Composition of Congress
The Senate

(1) Composition and election


It is composed of 24 Senators. They are elected at
large (nationwide) by the qualified voters, as may be
provided by law (Sec. 2). Unless otherwise provided by
law, the regular election of Senators shall be held on the
second Monday of May (Sec. 8)
(2) Term of office

It is six (6) years. It shall commence, unless


otherwise provided by law, at noon on the 30th day of
June next following election (Sec. 4, par. 1). The
Constitution has a similar provision with respect to the
President and Vice-President except that the hour and
date of commencement of their term of office cannot be
changed by law.
(3) Qualifications

A Senator must be:


(a) a natural-born citizen of the Philippines;
(b) at least 35 years of age on the day of the
election (i.e., day of the balloting);
(c) able to read and write;
(d) a registered voter; and
(e) a resident of the Philippines for not less two
(2) years immediately preceding the day of the
election (Sec. 3)
(4) Maximum of terms

In line with the state policy on equal access to


opportunities for public service and against political
dynasties (Art II, Sec. 6), a Senator is disqualified to
serve for more than two (2) consecutive terms (Sec.4,
par. 2)
The House of
Representatives
(1)Composition and election/selection
It is composed of not more than 250 members
popularly known as “Congressmen”. They are elected
from legislative or congressional districts and through
a party-list system. The party-list representatives are
filled by selection or election from the labor, peasant,
etc. and other sectors as may be provided by law,
except religious sector (Sec. 5[1]).

Unless otherwise provided by law, the regular


election of the members of the House of
Representatives shall be held on the second Monday
of May (Sec. 8).
(2) Terms of office
It is three (3) years, to begin also, unless
otherwise provided by the law, at noon on the 30th day
next following election (Sec. 7, par. 1).
(3) Qualifications
A representative must be:
(a) 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;
(d) except for a party-list representative, a
registered voter in the district in which he shall
be elected; and
(e) a resident thereof for a period of not less than
one (1) year preceding the day of the election
(Sec. 6)
(4) Maximum terms
The provisions are the same as
those for Senators except that the limit
is for not more than three (3)
consecutive terms (Sec. 7, par. 2)
Term of Office and Tenure of Office

A term of office refers to the fixed period of service


when an elected official may validly keep his post. The
term of office is usually specified by the law.

A tenure of office, on the other hand, refers to the


actual period of service when an elected official holds
the office. Say, a congressman has resigned halfway his
term, this is not considered as an interruption, but the
service is still regarded his full term or his actual
tenure. Thus, tenure is the actual incumbency.
Party List System

The purpose of party list system is to bring the


government closer to people and assure that the
democracy really works in our society. Party list
representative system is a device of balancing the
representation in the election of the members to the
House of Representatives from marginalized or under
represented national, regional, and sectoral parties or
organizations duly recognized by the COMELEC.
Only organized and duly registered parties with the
COMELEC may participate instead of individual
candidates. These are:
a. Sectoral Parties
These refer to organized groups of citizens
whose principal advocacy concerns and special
interests are in these sectors, namely: labor, peasant,
urban poor, indigenous communities, veterans, and
elderly.
b. Sectoral Organizations
These organizations are groups of qualified
voters bound together by similar physical attributes or
characteristics or by employment, interests, or
concerns.
c. Political Parties
These are organized groups of qualified voters
pursuing the same ideology, political ideas, and
principles for general conduct of the government.

d. Coalitions
Coalitions refer to aggregations of duly
registered national, regional, sectoral parties, or
organizations for political and/or electoral purposes.
Qualifications of a Party List Nominee
1. A natural-born citizen of the Philippines;
2. A registered voter;
3. A resident of the Philippines for a period of not less
than one (1) year immediately preceding the election
day;
4. Able to read and write;
5. A bona fide member of the party he seeks to represent
for at least ninety (90) days preceding the election day;
6. A nominee shall come from a disadvantage group of
citizens which are organized and duly registered to the
COMELEC; and
7. At least twenty-five (25) years of age on the Election
Day.
In case of the youth sector, a nominee must be at least
25, but not 30 years of age on the date of election.

Party list representatives are considered elected members


of the lower chamber, and as such, enjoy the same rights,
salaries, and emoluments as regular members of the
House. They shall serve for three (3) year term with the
maximum of three (3) consecutive or successive terms.
Vacancy in Congress
RA 6645 provides for “An Act Prescribing the
Manner of Filling A Vacancy in the Congress of the
Philippines”, signed into a law by then President Aquino
on December 1987.
In case of vacancy arising in the Senate at least 18
months or in the House of Representatives at least one
year before the next regular election for members of
Congress, the COMELEC upon receipt of certification of
vacancy, shall call for special election. The Senator or
Member of the House of Representatives thus elected
shall serve only for the unexpired term.
The election shall not be earlier than 45 days nor
later than 90 days from the date of such resolution.
Termination of Members of Congress
1. Voluntary renunciation of the office (Art. VI, Sec. 7
[21]);
2. Forfeiture of seat of a member in Congress during
incumbency, in case when he or she keeps another office
or employment in the government or any subdivision,
agency, or instrumentality thereof, including
government-owned or controlled corporation or
subsidiaries (Sec. 13);
3. A penalty of suspension may serve a member of the
Congress for disciplinary action as determined by each
House’s rules proceeding (Sec. 16{3}). Congress can
punish any of its members for disorderly conduct;
4. An Electoral Tribunal, through a resolution, may
disqualify a member of Congress in election contest (Sec.
17);
5. By means of resignation, death, incapacity, or
conviction which carries a penalty of disqualification to
hold office.
Compensation of Members of Congress
The salaries of the members of both Houses are
fixed by law; it may be increased, but the effectivity of
such shall only be given to the members after the full
term of their respective offices has elapsed. However,
no decrease of salary of members can be allowed, as
they are entitled to the right to salary.
Art. XVIII, Sec. 17 reads, “The President of the Senate
and the Speaker of the House shall receive an annual
salary of P 240,000, and the Senators and the members
of the House of Representatives shall receive P204,000
each per year…”
Rights and Privileges of Members of Congress
The Constitutional rights and privileges of
members of Congress shall include the following:
1. Right to salary;
2. Freedom of speech and debate without question;
3. Freedom from arrest while the Congress is in
session, except when the offense of which a member
is charged is punishable by more than six years
imprisonment; and
4. Parliamentary immunity. The aim of this privilege is
to facilitate that members of Congress can Effectively
discharge their functions without previous restraints.
Power of Congress
1. Over and above, the power to make laws and to pass
resolutions;
2. To approve appointments made by the President
through Commission of Appointments;
3. To decide cases of electoral protest involving its
members through an Electoral Tribunal;
4. To declare the existence of a state of war by 2/3 votes
of both Houses, voting independently;
5. To ratify treaties upon 2/3 votes of all members of
Congress, voting separately;
6. To grant the President emergency powers in times
of war and national distress;
7. To provide for the rules of presidential succession
should the speaker of the House fails to qualify;
8. To concur to a grant of amnesty by the President;
9. To exercise the power to override the veto power of
the President;
10. To hear and decide cases of impeachment against
high officials;
11. To exercise the power to amend or revise the
Constitution;
12. To prescribe, define, and apportion the jurisdiction
of lower courts;
13. To determine or apportion seats of Legislative
districts;
14. The power to tax and levy impositions;
15. To determine the disability of the President and the
Vice-President;
16. To break a knot ion case when there is a tie for the
position of President of the Republic;
17. To cancel or extend Martial Law;
18. To investigate in aid of legislation;
19. To approve the annual budget of the government as
prepared by the Executive;
20. To determine the rules of proceedings and more.
Parliamentary Immunities
Art. VI, Sec. 2 provides two immunities, which a
member of Congress may enjoy in the exercise of his
task (while the Congress is in session). These are:
1. A Senator or a member of the House of
Representatives shall be privileged from arrest while
the Congress is in session; and
2. No member shall be questioned nor be held liable in
any other place for any speech or debate in the
Congress or in any committee thereof.
The privileges are personal ones and may be waived.
There are, however, exemptions from parliamentary
immunities:
a. Given gravity and seriousness of the offense
committed, any members of the Congress cannot
invoke immunity from arrest, when the penalty of
the charge leveled against him carries the penalty of
more than six (6) years imprisonment; and
b. When a member is not acting as a member of
Congress, but on his personal capacity.
Disabilities of Members of Congress
While the members of the legislative may be
enjoy some constitutional and statutory grants or
privileges, they are likewise constrained by some
technical disqualifications. As provided under Art. VI,
Sec.14, the prohibitions are:
1. 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 administrative bodies.
2. Any member shall not, either directly or
indirectly, show financial interests in any
contract with the government or any of its
agency or instrumentality thereof,
including GOCCs, during his incumbency.
This includes government franchise.
3. Any member shall not intervene in any
matter before any office of the
government for his own benefit.
Incompatible and Forbidden Office
By Incompatible office, we mean that no member
of the Congress may hold any other office in the
government or its subdivisions, agency, or any
instrumentality thereof, including government-owned
or controlled corporation, during his incumbency. A
member of Legislative cannot be appointed as a
department secretary or a director of any government
positions while holding his position at the same time,
not unless he resigns.
By Forbidden office, we mean that no member of the
Congress can be appointed to any office created or the
emoluments of which have been increased during the
term for which he was elected. Under art. IX-B, Sec. 8
“no elective officer or employee shall receive additional,
double, or indirect compensation unless specifically
authorized by law, nor accept without the consent of
the Congress any present emolument, office or title of
any kind from foreign government.”
Sessions of Congress

Art. VI, Sec. 15 reads:


“The Congress shall convene once every year on
the fourth Monday of July for its regular session, unless
a different date is fixed by law, and shall continue to be
in session for such number of days as it may determine
until 30 days before the opening of its next regular
session, exclusive of Saturdays, Sundays and legal
holidays. The President may call a special session at any
time.”
1. Regular Session
The Congress shall meet or convene once in every
year beginning on the fourth Monday of July for its
regular session, unless law fixes a different date.
Once the Congress has convened, the session
continues for such duration until thirty (30) days
before the opening of the next regular session,
exclusive of Saturdays, Sundays, and legal holidays.
2. Special Session
The Congress may be called upon by the President
anytime to consider some urgent and national concern.
Some peculiar characteristics include:
a. Special session has no definite or fixed date. It may be
called anytime;
b. Special session considers only one subject
matter/agendum when Congress is convened for the
purpose;
c. Special session may also be called or convened by the
Congress; and
d. Special session normally is brief and attends only to
the agenda being called for.
3. Executive Session
In some rare cases, the Congress or the President
may call for a secret or close door session when matters
concerning national interest are to be discussed.
Quorum and Business
Quorum is the required number of members of
each House to be present in order to legally transact a
business. Each House shall determine its own quorum.
The Constitution requires that the majority of each
Houses may adjourn from day to day, and may compel
the attendance of absent members in such manner, and
other such penalties as each House may provide.

Both Houses shall elect their political leaders at


the pleasure of their members. The Senate shall
determine its speaker by majority votes of all its
respective members.
Disciplinary Behavior
Under the Constitution, each House of Congress
may determine acts constituting disorderly behavior,
and whether a Member should be suspended or
expelled. Each House is authorized under its Rules to
punish its member for disorderly behavior, and with the
concurrence of two-thirds vote of all kits members,
suspend or expel an erring legislator. The Constitution,
however, limits the suspension to sixty days.
Internal Discipline
Internal Discipline is an inherent legislative
power. The Court once said: “If the power did not exist,
it would be utterly impractible to transact the business
of the nation, either at all, or at least with decency,
deliberation, and order. The humblest assembly of men
to understood to posses this power, and would absurd
to deprive the councils of the nations of a like
authority.”
Journal and Enrolled Bill
A journal is an official report of the legislative. It
is written business, which arises from all the legislative
proceedings.

Art. VI, Sec. 16 (4)


“each House shall keep a journal of its
proceedings, and from time to time publish the same,
expecting such parts as may in its judgment, affect
national security, and the years and nays on any
question shall, at the request of one-fifth of the
member present be entered in the journal. Each house
shall also keep a record of its proceedings.”
An enrolled bill refers to a bill which has been
duly introduced, finally enacted by both House, signed
by the proper officers of each House, and approved by
the President. An enrolled copy bill is conclusive not
only of its provisions, but also of its due enactment. In
case of conflict between the journal and an enrolled
bill, the latter prevails over the former, save as to
matter required by the Constitution to be enacted in
the journal.
Adjournment
Art. VI, Sec. 16 (5) adds, “neither the House
during the session of the Congress shall without the
consent of the other, adjourn for more than three (3)
days, nor to any other place than in which the two
Houses shall be sitting.”
The Organization of Electoral Tribunal

Each House shall have and Electoral Tribunal, in


which shall be the sole judge of all contests relating to
the election, returns, and qualifications of their
respective members. The characteristics and
composition are:
1. Each Electoral Tribunal shall be composed of nine
members, three 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;
2. Membership shall be chosen on the basis of the
proportional representation from the political parties,
and the parties or organizations registered under the
party list system represented therein;
3. The Senior Justice in the Electoral Tribunal shall be its
Chairman (Sec. 17);
4. Members enjoy security of tenure. It is co-terminus
with their legislative term of service;
5. The decision arrived at by the Electoral Tribunal shall
be final. It may be appealed though to the Supreme
Court on the cases or instances of certiorari, grave
abuse of discretion;
6. The Electoral Tribunal shall have jurisdiction over
election contests by the members of the Senate and the
House of Representatives as the case may be. Pre-
proclamation concerns or issues are, however, the
jurisdiction under COMELEC.
Organization of the Commission on Appointments
The Congressional and Commission of
Appointments (CA) shall approve all appointments
made by the Chief Executive to various government
positions. All appointments by the President can only
be pursued upon the consent of the Commission on
Appointments. The characteristics of the Commission
are as follow:
1. The Commission shall consist of the President of the
Senate, as ex-officio chairman, 12 Senators, and 12
members of the House of Representatives, elected by
each House on the basis of proportional
representation;
2. The Chairman of the Commission shall not vote,
except in case of tie;
3. The Commission shall act on all appointments
submitted to it within 30 sessions days of Congress
from their submission; and
4. The Commission shall rule by a majority vote of all
members (Sec. 18)
Inquiries in aid of Legislation
“The Senate or the House of Representatives or
any of its respective Committee, may conduct inquiries
in aid of legislation in accordance with its duly
published rules of procedure. The right of person
appearing in or affected by such inquiries shall be
respected” (Sec. 21). The Senate Blue Ribbon
committee is an example.

The power of inquiry and investigation exists not


only to enable Congress to discharge effectively its
primarily legislative and law-making functions.
Limitations of the Investigative Power of Congress:
1. Inquiry shall be conducted only in aid of legislation;
2. The Constitutional right against self-incrimination to
the person being investigated shall not be violated;
3. The right to counsel shall be respected to the
persons being investigated in Congress;
4. Each House conducting the inquiry shall publish the
rules of procedure governing the investigation and
shall be made known to the person concerned; and
5. Such congressional inquiry shall not serve a
member’s personal aggrandizement.
Question Hour
The question hour is a parliamentary feature
adopted under our presidential system. The power of
Congress to call any head of a department, as its
House Rules shall provide, to appear before and be
heard by the requesting.
Declaration of Existence of the State of War
Section 23 writes:
“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.

In times of war or other national emergency, the


Congress may, by the law, authorize the President, on 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 Congress, such powers shall
cease upon the next adjournment thereof”
Appropriation Powers
The Administrative Code of 1987 defined
appropriation as an organized made by law or other
legislative enactment, directing payment out of
government funds under specified conditions and/or
for special programs. Thus, an appropriation bill aims
to authorize the release of public funds from treasury.
The following bills shall originate exclusively in the
House of Representatives, but the Senate may propose
or concur with amendments:
1. Appropriation bills
2. Revenue or tariff bills
3. Bills authorizing increase of public debt
4. Bill of local application
5. Private bill
A General Appropriation is an annual budget, which the
Congress set aside to appropriate the expenses for the
general operation of the government.
A Special Appropriation is a supplemental appropriation
not contained in the budget.
A Specific Appropriation is an appropriation sets aside a
fixed amount of money for the payment of a certain
program.
A Continuing Appropriation refers to the named
amount of money which, when not appropriated at the
end of the fiscal year, shall automatically be accrued for
the next calendar year.
Other Kinds of Appropriation
1. Tariff bill - is one that imposes revenues or customs
duties for specific purposes. But, a bill imposing high
tariff rates in particular foreign goods with the
purpose to protect local goods on industries against
competition is not a revenue bill.
2. Bill authorizing income of the public debt -
essentially, a bill, which facilitates the government to
issue bonds and other forms of indebtedness, which
will be chargeable from future public funds.
3. Bill of local application - a bill that directly allots to
local or municipal appropriation.
4. Private bill - a bill that affects purely private interests,
like indemnification to a person who suffered damages
from the negligence of the government or its agency or
instrumentality or any part thereof.
General Rules of Appropriation (See Art. VI, Sec. 25)
1. The Congress may not increase the appropriations
recommended by the President for the operation of
the government as specified in the budget;
2. No provision or enactment shall be embraced in the
general appropriation bill, unless it relates specifically
to some parts/particular of the appropriation therein;
3. The procedures in approving appropriations for the
Congress shall strictly follow the procedure for
approving appropriations for other departments and
agencies;
4. A special appropriation bill shall specify the purpose
for which it is intended, and shall be supported by
funds actually available;
5. No law shall be passed authorizing any transfer of
appropriation, except otherwise provided by law (Sec.
25{5})
6. Discretionary funds appropriated for particular
offices or officers shall be disbursed only for public use;
and
7. if, at the end of any fiscal year, the Congress shall
have failed to pass the general appropriations bill for
the ensuring fiscal year, the general appropriation laws
for the preceding fiscal year shall be deemed re-
enacted.
Budget
-refers to the financial statement or record of the
central government for an incoming fiscal year,
including the statements of the projected receipts from
revenue collections and expenditures for the year.

Rider
-is prohibited under the Constitution. A rider is a
loose provision or enactment being inserted in the
general appropriations bill, which does not form integral
part of certain appropriation contained therein.
Passage of a Bill
A bill is essentially a proposed law by the legislative
department. Each house may propose a bill, when the
House of Representatives proposes one, it shall be
called a House Bill, and when the Senate initiates a
proposal, it shall be called a Senate Bill.
The Hodge-podged legislation refers to any
proposed measure consisting of general or more
unrelated subjects, but are integrated in the proposal
in order to guarantee support from members of the
Congress. The avoidance of logrolling legislation is to
ensure enough consideration and support from the
members in regard to the passage of a bill into law.
The passage of a bill into law follows strictly the
procedures:

1. First Reading
2. Second Reading
3. Floor Debates
4. Printing and Distributions
5. Third Reading
6. Transmitted to the Other House
7. Submission to Joint Bicameral Committee
8. Approval of Consolidated Bill by Both Houses
9. Submission to the President
10.Veto Power of the President
10. Veto Power of the President

Particularly:
a. Every bill must be presented and approved by the
President;
b. In case, the President disapproves a bill, he exercises
veto power and returns it, with his objection, to the
House where it originated;
c. In case the House, after such deliberation, considered
the bill as proposed, a 2/3 vote may carry its power
to override the veto.
Component Parts of a Law
1. Title – refers to the subject matter of the law, or the
Act carried by the legislative department, and the
executive as well.
2. Preamble – introduces the objectives for the
enactment of the Act and explains the general reasons
for such legislation.
3. Enacting Clause – refers to the collective and distinct
will of both Houses to enact an act or a bill. Enacting
clause specifically states the reason for the legislation
Act.
4. Body – pertains to the total substance or content of
the proposed bill.
5. Effectively Clause – indicates the time at which the
law shall take effect. Usually, a law will be enforced next
following the next 15-day publication requirement in a
newspaper of general circulation in the Philippines or in
the Official Gazette, not unless a date is fixed as to its
effectivity.
Taxation is a means of raising funds for the
operation of the government, especially its public
services. The distribution of the tax burden should be
equitable or fair. This means a person has to pay taxes
based on his ability to pay. Taxes should serve as tools
in facilitating economic stability and growth.
Basis of Taxation
Under the Constitution, the rule of taxation (See
Sec. 28) shall include the following:
1. The rule shall be uniform and equitable;
2. The taxation should be based on progressive income
system;
3. The Congress may authorize the President to fix tariff
rates, import and export quotas, tonnage and
wharfage dues, and other duties and imports, subject
to the limitation of the Congress; and
4. 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.
Who are exempted from paying taxes?

Charitable institutions, churches and parsonages,


or convents appurtenant thereto, mosques, non-profit
cemeteries, and all other facilities used for religious and
educational purposes.
Limitations of the Power of Congress
1. Under Art. III based on the Bill of Rights:
a. That the Congress cannot pass laws impairing the
obligations of contrast (Sec. 10)
b. That no law shall impair the freedom of speech, of
press, and of expression (Sec. 10)
c. That no law shall be made respecting an
establishment of religion or prohibiting the free
exercise thereof (Sec. 5)
d. No person shall be held liable to answer for a
criminal offense without due process of law (Sec. 14)
e. No person shall be imprisoned for debts or
non-payment of a poll tax (Sec. 20); and
f. No ex-post facto law or bill of attainder shall be
enacted (Sec. 22)
2. Under Art. VI, Sec. 29
a. Money shall be paid out the treasury, except
in the punishment of an appropriation made by law;
and
b. No public money or property shall be
appropriated, applied or paid, or employed, directly or
indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or system
of religion, or any priest, preacher, minister or other
preacher, minister or dignitary assigned to the armed
forces, or to any penal institution, or government
orphanage or leprosarium.
3. Art. VI, Sec. 30 states: “no law shall be passed
increasing the appellate jurisdiction of the Supreme
Court as provided in this Constitution without its advice
and concurrence.”

4. Art. VI, Sec. 31 declares: “no law granting a royalty or


nobility shall be enacted.”

5. The Congress cannot pass law granting tax


exemption in the absence of the concurrence of the
majority of all members of the House.
Legislative Power of the People
The legislative department is no longer the sole
body or institution, which enact laws and pass
resolutions. Under the 1987 Constitution, the people
have the power to participate directly in legislating
laws through initiative and referendum.
Art. VI, Sec. 32 declares: “The Congress shall, as early as
possible, provides for a system of initiative and
referendum, and exemption therefrom, whereby the
people can directly propose and enact laws or approve
or reject any act or part thereof passed by the Congress
or local legislative body after the registration of a
petition thereof signed by at least ten per centum of the
total number of registered voters, of which every
legislative district must be represented by at least 3 per
centum of the registered voters thereof.”

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