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Article 6 Legislative
Article 6 Legislative
Legislative Department
Legislative Power
It is the power or competence of the legislative to propose, enact, ordain, amend/alter, modify, abrogate or repeal laws. It is vested in the Congress which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
House of Representatives
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; 4. Registered voter in the district in which he shall be elected except the party-list representatives; 5. Resident of the district for a period of not less than 1 year immediately preceding the day of the election;
House of Representatives
6. For party-list representatives or organizations:
a. Natural-born citizen of the Philippines; b. A registered voter; c. A resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election; d. Able to read and write; e. A bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election; f. At least 25 years of age on the day of the election;
House of Representatives
6. For party-list representatives or organizations:
g. The political party, sector, organization or coalition must represent the marginalized and underrepresented groups. h. Must comply with the declared policy of enabling Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House of Representatives; i. Religious sector may not be represented in the party-list system; j. A party or an organization must not be disqualified under Sec. 6 RA 7941;
House of Representatives
6. For party-list representatives or organizations: k. The party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by the government; l. The party must not only comply with the requirements of the law; its nominees must likewise do so;
House of Representatives
6. For party-list representatives or organizations: m. Not only the candidate party or organization must represent marginalized and underrepresented sectors; so also must its nominees; and n. The nominee must likewise be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.
House of Representatives
Disqualifications: a. Shall not serve for more than three (3) consecutive terms. (Sec. 7, Article VI) b. One who has been declared by competent authority as insane or incompetent c. One who has been sentenced by final judgment for: i. Subversion; ii. Insurrection; iii. Rebellion; iv. Any offense for which he has been sentenced to a penalty of not more than 18 months; or v. A crime involving moral turpitude, unless given plenary pardon or granted amnesty (Section 12, BP 881Omnibus Election Code)
House of Representatives
Disqualifications: d. For Party-List Representatives: i. It is a religious sect or denomination, organization or association organized for religious purposes; ii. It advocates violence or unlawful means to seek its goal; iii. It is a foreign party or organization; iv. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes; v. It violates or fails to comply with laws, rules or regulations relating to elections; vi. It declares untruthful statement in its petition; vii. It has ceased to exist for at least one (1) year; viii. It fails to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the two preceding elections for the constituency in which it had registered. (Section 6, RA 7941)
House of Representatives
Term of office: three (3) years, which shall begin, unless otherwise provided by law, at noon of June 30 next following their election. Canvassing Board: COMELEC Electoral Tribunal: House of Representative Electoral Tribunal (HRET)composed of nine (9) members: 3 Supreme Court Justices and six (6) members of the CongressSection 17, Art. VI Removal: EXPULSION by the House with the concurrence of two-thirds (2/3) of all its members (Sec. 16, par. 3, Art. VI)
The appointment of the member of the Congress to the forbidden office is not allowed only during the term for which he was elected, when such office was created or its emoluments were increased. After such term, and even if the legislator is reelected, the disqualification no longer applies and he may therefore be appointed to the office.
Privileges
a. Freedom from arrestwhile Congress is in session for offense punished by not more than 6 years imprisonment (Article 145, RPC; Sec. 11, Art. VI) b. Speech and Debate clausenot to be questioned nor held liable in any other place for any speech or debate in Congress or in any committee thereof. (Section 11, Article VI) (See discussion under Parliamentary Immunity)
REPUBLIC ACT 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR
Nature of Party-List System 1. The party-list system is a social tool designed not only to give more law to the great masses of our people who have less in life, but also to enable them to become veritable lawmakers themselves, empowered to participate directly in the enactment of laws designed to benefit them. It intends to make the marginalized and the underrepresented not merely passive recipients of he States benevolence, but active participants in he mainstream of representative democracy. Thus, allowing all individuals and groups, including those which now dominate district elections, to have the same opportunity to participate in party-list elections would desecrate this lofty objective and mongrelize the social justice mechanisms into an atrocious veneer for traditional politics.
REPUBLIC ACT 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR
REPUBLIC ACT 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR
Inviolable parameters to determine the winners in Party-List election: 1. The Twenty Percent (20%) Allocationthe combined number of all party-list congressmen shall not exceed twenty percent (20%) of the total membership of the House of Representative, including those elected under the party-list; 2. The Two Percent (2%) Thresholdonly those garnering a minimum of 2% of the total valid votes cast for the party-list system are qualified to have a seat in the HOR; 3. The Three (3) Seat Limiteach qualified party, regardless of the number of votes it actually obtained, is entitled to a maximum of 3 seats; that is, one (1) qualifying and two (2) additional seats. 4. The Proportional Representationthe additional seats which a qualified party is entitled to shall be computed in proportion to their total number of votes. (Veterans Federation Party vs. COMELEC, G.R. No. 136781, October 6, 2000)
REPUBLIC ACT 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR
Guidelines for Screening Party-List Participants 1. The political party, sector, organization or coalition must represent the marginalized and underrepresented groups identified in Section 5 of RA 7941. In other wordsit must show in its constitution, by-laws, articles of incorporation, history, platform of government and track recordthat it represents and seeks to uplift marginalized and underrepresented sectors. Verily, majority of its membership should belong to the marginalized and underrepresented. And it must demonstrate that in a conflict of interest, it has chosen or likely to choose the interest of such sectors. 2. They must comply with the declared statutory policy of enabling Filipino citizens belonging to marginalized and underrepresented sectors x x x to be elected to the House of Representatives. In other words, while they are not disqualified merely on the ground that they are political parties, they must show, however, that they represent the interests of the marginalized and underrepresented.
REPUBLIC ACT 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR
Guidelines for Screening Party-List Participants 3. In view of the objections directed against the registration of Ang Buhay Hayaang Yumabong, which is allegedly a religious group, the Court notes the express constitutional provision that the religious sector may not be represented in the party-list system. The prohibition is on any religious organization registering aspolitical party not against a priest running as a candidate. 4. A party or organization must not be disqualified under section 6 of RA 7941 which enumerates the grounds for disqualification. 5. The party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by the government. The party or organization must be a group of citizens, organized by citizens and operated by citizens. It must be independent of the government.
REPUBLIC ACT 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR
6. The party must not only comply with the requirements of the law; its nominees must likewise do so; 7. Not only the candidate party or organization must represent marginalized and underrepresented sectors; so also must its nominees; and 8. The nominee must likewise be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole. (Ang Bagong BayaniOFW Labor Party vs. COMELEC, G.R. No. 147589, June 26, 2001)
REPUBLIC ACT 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR
Choosing Party-List Representativesthey are proclaimed by the COMELEC based on the list of names submitted by the respective parties, organizations or coalitions to the COMELEC according to their ranking in the list. Effect of change of affiliation Any elected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat; provided that if he changes his political party or sectoral affiliation within 6 months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization. Vacancy: In case of vacancy in the seat reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization or coalition concerned shall submit additional nominees.
REPUBLIC ACT 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR
Citizens Battle Against Corruption (CIBAC) vs. COMELEC, G.R. No. 172103, April 13, 2007, the correct formula in ascertaining the entitlement to additional seats of the first party and other qualified party-list groups was clearly explicated in Veterans wherein the multiplier used was the number of additional seats allocated to the first party. LABO DOCTRINEdoctrine of the rejection of the second placernot applicable in Party-List System Apportionment of legislative Districts: (Section 5, paragraphs 3 and 4, Article VI) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand (250,000), or each province, shall have at least one representative. This is intended to prevent gerrymandering. Gerrymanderingthe creation of representative districts out of separate portions of territory in order to favor a candidate. Within three (3) years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.
In Miriam Defensor-Santiago vs. Sandiganbayan, G.R. No. 128055, April 18, 2001, Section 13 of RA 3019 (where it appears to be a ministerial duty of the court to issue the order of suspension upon a determination of the validity of the criminal information filed before it) does not state that the public officer should be suspended only in the office where he is alleged to have committed the acts charged. Furthermore, the order of suspension provided in RA 3019 is distinct from the power of Congress to discipline its own ranks. Neither does the order of suspension encroach upon the power of Congress. The doctrine of separation of powers, by itself, is not deemed to have effectively excluded the members of Congress from RA 3019 or its sanctions.
Parliamentary Immunity
A Senator or member of the HOR shall, in all offenses punishable by not more than 6 years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any other committee thereof.
Parliamentary Immunity
Two (2) Kinds: a. Freedom from arrest or detentionwhile Congress is in session for offense punished by not more than 6 years imprisonment (Article 145, RPC; Sec. 11, Art. VI)it is intended to ensure representation of the constituents of the member of the Congress by preventing attempts to keep him from attending its sessions. The present Constitution adheres to the restrictive rule minus the obligation of Congress to surrender the Member of the House of Representatives to the custody of law. The requirement that he should be attending sessions or committee meetings has also been removed. For relatively minor offenses, it is enough that Congress is in session. (People vs. Jalosjos, 324 SCRA 689, February 20, 2000) in sessionnot day to day; refers to the entire duration of the session from its opening until its adjournment. b. Speech and Debate clausenot to be questioned nor held liable in any other place for any speech or debate in Congress or in any committee thereof. (Section 11, Article VI)it enables the legislator to express views bearing upon the public interest without fear of accountability outside the halls of the legislature for his inability to support his statements with the usual evidence required in the court of justice. in any other placebut not in the Senate or Congress itself Section 16, par. 3, Article VIEach House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of 2/3 of all its members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed 60 days.
Parliamentary Immunity
People vs. Jalosjos, 324 SCRA 689, the immunity from arrest or detention of Senators and Members of the HOR arises from a provision of the Constitution. The history of the provision shows that the privilege has always been granted in a restrictive sense. The provision granting an exemption as a special privilege cannot be extended beyond the ordinary meaning of its term. It may not be extended by intendment, implication or equitable considerations. x x x
Because of the broad coverage of felony and breach of the peace, the exemption applied only to civil arrests. A congressman like the accused-appellant, convicted under Title 11 of the Revised Penal Code could not claim parliament immunity from arrest. He was subject to the same general laws governing all persons still to be tried or whose convictions were pending appeal.
The present Constitution adheres to the same restrictive rule minus the obligation of Congress to surrender the subject Congressman to the custody of law. The requirement that he should be attending sessions or committee meetings has also been removed. For relatively minor offenses, it is enough that Congress is in session.
Parliamentary Immunity
(People vs. Jalosjos, 324 SCRA 689) Accused-appellant argues that a member of Congress function to attend sessions is underscored by Section 16 (2), Article VI of the Constitution which states that (2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide. However, the accused-appellant has not given any reason why he should be exempted from the operation of Section 11, Article VI. The members of Congress cannot compel absent members to attend sessions if the reason for absence is legitimate a one. The confinement of a Congressman charged with a crime punishable by imprisonment of more than 6 years is not merely authorized by law, it has constitutional foundations. When the voters of his district elected the accused-appellant to Congress, they did so with full awareness of the limitations on his freedom of action. They did so with the knowledge that he could achieve only such legislative results which he could accomplish within the confines of prison. To give a more drastic illustration, if voters elect a person with full knowledge that he is suffering from a terminal illness, they do so knowing that any time, he may no longer serve his full term in office.
Executive Privilege
It is the power of the government to withhold information from the public, the courts, and the Congress. (Schwartz) It is also the right of the President and high-level executive branch officers to withhold information from Congress, the courts, and ultimately the public. (Rozell)
1. State secret privilegeinvoked by Presidents on the ground that the information is of such nature that its disclosure would subvert crucial military or diplomatic objective. 2. Informers privilegeprivilege of the government not to disclose the identity of persons who furnish information in violations of law to officers charged with the enforcement of the law. 3. Generic privilegefor internal deliberations has been said to attach to intragovernmental documents reflecting advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated.
In determining the validity of a claim of privilege, the question that must be asked is not only whether the requested information falls within one of the traditional privileges, but also whether that privilege should be honored in a given procedural setting.
Protocol Cloture
PROTOCOL DE CLOTUREa final act; an instrument which records the winding up of the proceedings of a diplomatic conference and usually includes a reproduction of the text of treaties, conventions, recommendations and other acts agreed upon and signed by the plenipotentiaries attending the conference. It is not the treaty itself. It is rather a summary of the proceedings of a protracted conference which may have taken place over several years. It will not require the concurrence of the Senate. The documents contained therein are deemed adopted without need for ratification. (Taada vs. Angara, 272 SCRA 18, 1997)
Powers of Congress
Classification: 1. LEGISLATIVE
General plenary power; Specific power of appropriation; Taxation and expropriation; Legislative investigations (Section 21, Art. VI); and Question hour (Section 22, Art. VI). Canvass presidential election (Section 4, Art. VII); Declare the existence of state of war (Section 23, par.1, Art. VI); Exercise delegation of emergency powers; Call special election for President and VP (Section 10, Art. VII); Give concurrence to treaties and amnesties (Sections 19 and 21, Art. VII); Propose constitutional amendments (constituent power) (Sections 1-2, Art. XVII); Confirm certain appointments (Section 9 and 16, Art. VII); Impeach (Section 2, Art. XI); Decide the disability of President because majority of the Cabinet disputes his assertion that he is able to discharge his duties (Section 11, Art. VII); Revoke or extend proclamation of suspension of privilege of writ of habeas corpus or declaration of martial law (Section 18, Art. VII); Set the rules regarding the utilization of natural resources (Section 2, Art. XII).
Powers of Congress
Limitations on the Powers of Congress: 1. SUBSTANTIVE a. Express: i. Bill of Rights (Article III); ii. On Appropriations (Sections 25 and 29 paragraphs 1 and 2, Article VI); iii. On taxation (Sections 28 and 29, paragraph 3, Article VI); iv. On Constitutional appellate jurisdiction of SC (Section 30, Article VI); v. No law granting title of royalty or nobility shall be passed (Section 31, Article VI); vi. No specific funds shall be appropriated or paid for use or benefit of any religion, sect, etc., except for priests, etc., assigned to AFP, penal institutions, etc. (Sections 29, paragraph 2, Article VI). b. Implied: i. Prohibition against irrepealable laws; ii. Non-delegation of powers.
Powers of Congress
Limitations on the Powers of Congress: 2. PROCEDURAL a. Only one subject, to be stated in the title of the bill (Sec. 26, par. 1, Article VI); b. Three (3) readings on separate days; printed copies of the bill in its final form distributed to members 3 days before its passage, except if President certifies to its immediate enactment to meet a public calamity or emergency; upon its last reading, no amendment allowed and the vote thereon taken immediately and the yeas and nays entered into the Journal (Section 26, paragraph 2, Article VI; c. Appropriation, revenue and tariff bills shall originate exclusively in the House of Representatives.
Casco (Phil) Chemical Co. vs. Gimenez, 7 SCRA 347, if a mistake was made in the printing of the bill before it was certified by Congress and approved by the President, the remedy is amendment or corrective legislation, not a judicial decree.
A conference committee may deal generally with the subject matter or it may be limited to resolving the precise differences between the two houses. Even where the conference committee is not by rule limited in its jurisdiction, legislative custom severely limits the freedom with which new subject matter can be inserted in to the conference bill. But occasionally it produces unexpected results, results beyond its mandate. These excursions occurs even where the rules impose strict limitations on conference committee jurisdiction. This is symptomatic of an authoritarian power of conference committee. (Philippine Judges Association vs. Prado, 227 SCRA 703, November 11, 1993)
Legislative Journal
Regarded as conclusive with respect to matters that are required by the Constitution to be recorded therein. With respect to other matters, in the absence of evidence to the contrary, the journals have also been accorded conclusive effects. Thus, in US vs. Pons, this Court spoke of the imperatives of public policy for regarding the Journals as public memorials of the most permanent character, thus: They should be public, because all are required to conform to them; they should be permanent, that rights acquired today upon the faith of what has been declared to be law shall not be destroyed tomorrow, or at some remote period of time, by facts resting only in memory of individuals. (Arroyo vs. De Venecia, 277 SCRA 268) Matters that are required to be entered on the Journal: 1. The yeas and nays on the 3rd and final reading of a bill; 2. The yeas and nays on any question, at the request of 1/5 of the members present; 3. The yeas and nays upon re-passing a bill over the Presidents veto; and 4. The Presidents objection to a bill he had vetoed. (Arroyo vs. De Venecia, 277 SCRA 268) Journal entry vs. enrolled bill Enrolled bill prevails, except to matters, which under the Constitution, must entered into the Journal. (Morales vs. Subido, 26 SCRA 150)
Presidents Options
1. Sign and the bill becomes a law. 2. Vetoes the bill, it does not become a law. - 2/3 votes of all its Members (for Congress to override) 3. Inactionthe bill automatically becomes a law within 30 days upon receipt of the bill from Congress. There is no such thing as pocket veto here in the Philippines because inaction by the President for 30 days never produces a veto even if Congress is in recess. The President must still act to veto the bill and communicate his veto to the Congress without need of returning the vetoed bill with his veto message. Pocket veto occurs when: a. The President fails to act on the bill; b. The reason he does not return the bill to the Congress is that Congress is not in session.
Presidential Veto
VETOSection 27, Article VI 1. General veto of the Presidentparagraph 1 of Section 27, Article VI 2. Item/Line veto of the Presidentparagraph 2 of Section 27, Article VI The act of the Executive in vetoing the particular provisions is an exercise of a constitutionally vested power. But even as the Constitution grants the power, it also provides limitations to its exercise. The veto power is not absolute. x x x The OSG is correct when it states that the Executive must veto a bill in its entirety or not at all. He or she cannot act like an editor crossing out specific lines, provisions, or paragraphs in a bill that he or she dislikes. In the exercise of the veto power, it is generally veto, however, when it comes to appropriation, revenue or tariff bills, the Administration needs the money to run the machinery of the government and it can not veto the entire bill even if it may contain objectionable features. The President is, therefore, compelled to approve into law the entire bill, including its undesirable parts. It is for this reason that the Constitution has wisely provided the item veto power to avoid inexpedient riders being attached to an indispensable appropriation or revenue measures. The Constitution provides that only a particular item or items may be vetoed. The power to disapprove any item or items in an appropriation bill does not grant the authority to veto a part of an item and to approve the remaining portion of the same item. (Bengzon vs. Drilon, 208 SCRA 133, April 15, 1992)
Presidential Veto
General rule: Selective/partial veto is not allowed. The President may not veto a provision of the bill without vetoing the whole/entire bill itself. Exception: Paragraph 2 of Section 27, Article VI --- Item/Line veto Only Appropriation, Revenue and Tariff Bills ---- selective veto is allowed here provided the vetoed bill shall not affect the items which was not vetoed.
Item - Refers to the particulars, the details, the distinct and severable parts of the bill. It is an indivisible sum of money dedicated to a stated purpose.
Presidential Veto
Exceptions to the Exception: 1. DOCTRINE OF INAPPROPRIATE PROVISIONSection 25 (2), Article VI A provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item. It was invoked in the case of Gonzalez vs. Macaraig wherein President Aquino vetoed a provision of the general appropriation bill. The Supreme Court ruled in favor of the veto power of the President. Section 25 (2), Article VINo provision or enactment shall be embraced in the general appropriation bill unless it relates specifically to some particular appropriation therein.Items which the President does not object, otherwise it becomes an inappropriate provisionit may be treated as an itemsubject to the item veto of the President.
Presidential Veto
Exceptions to the Exception: 2. Executive Impoundmentrefusal of the President to spend funds already allocated by Congress for specific purpose. It is the failure to spend or obligate budget authority of any type. This power is derived from Section 38 of the Administrative Code of 1987 on suspension.
Appropriation Reserves Section 37 of the Administrative Code authorizes the Budget Secretary to establish reserves against appropriations to provide for contingencies and emergencies which may arise during the year. This is merely expenditure deferral, not suspension, since the agencies concerned can still draw on the reserves if the fiscal outlook improves.
Presidential Veto
Exceptions to the Exception: 3. Legislative Vetoa congressional veto is a means whereby the legislature can block or modify administrative action taken under a statute. It is a form of legislative control in the implementation of particular executive action. The form may either be:
a. Negativesubjecting the executive action to disapproval by Congress; or b. Affirmativerequiring approval of the executive action by Congress.
A congressional veto is subject to serious questions involving the separation of powers. Local Chief Executives have veto power except the Punong Barangay
Power of Appropriation
The spending power, called the power of purse belongs to the Congress, subject only to the veto power of the President. it carries with it a power to specify the project or activity to be funded under the appropriation law. Appropriations LawA statute, the primary and specific purpose of which is to authorize release of public funds from the treasury.
The existence of appropriations and the availability of funds are indispensable pre-requisites to or conditions sine qua non for the execution of government contracts. (COMELEC vs. Judge Quijano Padilla and Photokina Marketing Corp., G.R. No. 151992, September 18, 2000)
Power of Appropriation
Classification: 1. General Appropriation Lawpassed annually, intended to provide for the financial operations of the entire government during one fiscal period. 2. Special Appropriation Lawdesigned for a specific purpose. Implied (Extra-Constitutional) Limitations on Appropriation Power: 1. Must specify public purpose; and 2. Sum authorized for release must be determinate, or at least determinable. Constitutional Limitations on Special Appropriation Measures: 1. Must specify public purpose for which the sum was intended; and 2. Must be supported by funds actually available as certified by the National Treasurer or to be raised by corresponding revenue proposal included therein.
Power of Appropriation
Constitutional Rules on General Appropriation Laws: Section 25, Article VI 1. Congress may not increase appropriations recommended by the President for operation of the Governmentto prevent big budget deficits; 2. Form, content and manner of preparation of budget shall be provided by law; 3. No provision or enactment shall be embraced unless it relates specifically to some particular appropriations therein; 4. Procedure for approving appropriations for Congress shall be the same as that of other departmentsto prevent sub rosa appropriations by Congress; 5. Prohibition against transfer of appropriations (Doctrine of Augmentation), however: a. President; b. Senate President; c. Speaker of the House; d. Chief Justice; and e. Heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. 6. Prohibition against appropriations for sectarian benefit; and 7. Automatic re-appropriation.
Power of Taxation
Limitations: 1. Rule of taxation shall be uniform and equitable and Congress shall evolve a progressive system of taxation. 2. Charitable institutions, etc., and all lands, buildings and improvements actually, directly and exclusively used for religious, charitable or educational purposes shall be exempt from taxation. 3. All revenues and assets of non-stock, non-profit educational institutions used actually, directly and exclusively for educational purposes shall be exempt from taxes and duties. 4. Law granting tax exemption shall be passed only with the concurrence of a majority of all the members of Congress.
Pimentel vs. HRET, G.R. No. 141489, November 29, 2002, the SC said that even assuming that the party-list representatives comprise a sufficient number and have agreed to designate common nominees to the HRET and Commission on Appointments, their primary recourse clearly rests with the House of Representatives and not with the Court. Only if the House fails to comply with the directive of the Constitution on proportional representation of political parties in the HRET and Commission on Appointments can the party-list representatives seek recourse from this Court through judicial review. Under the doctrine of primary administrative jurisdiction, prior recourse to the House is necessary before the petitioners may bring the case to Court.
Section 21 (Legislative investigation) 1. Any person may appear 2. The Committees conduct the investigation 3. The subject matter is any matter for the purpose of legislation 4. Appearance is mandatory
Section 22 (Question Hour) 1. Only department head may appear 2. The entire body conduct the investigation 3. The subject matters are matters related to the department only 4. Appearance is Discretionary
The principle of separation of powers is the reason why executive officials may not be compelled to attend hearings when Congress exercises its oversight functions. Though, this is not the case when the Congress exercises its power of inquiry in aid of legislation. Sections 21 and 22 of Article VI, therefore, while closely related and complementary to each other, should not be considered as pertaining to the same power of Congress. one specifically relates to the power to conduct an inquiry in aid of legislation, the aim of which is to elicit information that may be used for legislation, while the other pertains to the power to conduct a question hour, the object of which is to obtain information in pursuit of Congress oversight function.
Sabio vs. Sen. Gordon, G.R. No. 174340, October 17, 2006, the Congress power of inquiry, being broad, encompasses everything that concerns the administration of existing laws as well as proposed or possibly needed statutes. It even extends to government agencies created by Congress and officers whose positions are within the power of Congress to regulate or even abolish. A mere provision of law cannot pose a limitation to the broad power of Congress, in the absence of any constitutional basis.
Question Hour
Integral in a parliamentary government; the heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either house, as the rules of each house shall provide, appear before and be heard by such house on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House at least 3 days before their scheduled appearance. Interpolations shall not be limited to written questions, but may cover matters related thereto. When the scrutiny of the State or the public interest so requires, the appearance shall be conducted in executive session Arnault vs. Nazareno, 87 Phil. 29the inquiry, to be within the jurisdiction of the legislative body making it, must be material or necessary to the exercise of a power in it vested by the Constitution, such as to legislate or to expel a member. (The power to conduct Inquiry is integral and implied of legislative power) Standard Chartered Bank vs. Senate Committee on Banks, G.R. No. 167173, December 27, 2007, the mere filing of a criminal or an administrative complaint before a court or a quasi-judicial body should not automatically bar the conduct of legislative investigation. Otherwise, it would be extremely easy to subvert any intended inquiry by Congress through the convenient ploy of instituting a criminal or administrative complaint.
The power of oversight has been held to be intrinsic in the grant of legislative power itself and integral to the checks and balances inherent in a democratic system of government.
The oversight power has also been used to ensure the accountability of regulatory commissions like the SEC. Unlike other ordinary administrative agencies, these bodies are independent from the executive branch and are outside the executive department in the discharge of their functions.
It is based primarily on the power of appropriation of Congress. xxx But legislative scrutiny does not end in budget hearings. Congress can ask the heads of departments to appear before and be heard by either the House of Congress on any matter pertaining to their department. Likewise, Congress exercises legislative scrutiny thru its power of confirmation to find out whether the nominee possesses the necessary qualifications, integrity and probity required of all public servants.
b. Congressional investigationinvolves a more intense digging of facts. It is recognized under Section 21, Article VI. Even in the absence of constitutional mandate, it has been held to be an essential and appropriate auxiliary to the legislative functions. c. Legislative supervisionit connotes a continuing and informed awareness on the part of congressional committee regarding executive operations in a given administrative area. It allows Congress to scrutinize the exercise of delegated law-making authority, and permits Congress to retain part of that delegated authority.
Power of Concurrence
The Constitution requires the concurrence of the Congress to an amnesty and to a treaty.