Legislative Department

SECTION 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.
Meaning of legislative power.
Legislative power is essentially the authority under the Constitution to make laws and subsequently, when the
need arises, to alter and repeal them.¹ It is the peculiar task of the legislature to prescribe general rules for the
government of society. This legislative function involves the determination of the legislative policy and its
promulgation as a defined and binding rule of conduct through the enactment of a law.
Meaning of law.
The term laws, as used above, refers to statutes which are the written enactments of the legislature governing
the relationship of the people or between them and the government and its agencies

Function of laws.
Through laws, the legislature 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. Such laws are valid or void, as tested by their conformity or Non-conformity to the
Constitution.
Legislative power vested in Congress.
By granting the legislative power to the Congress of the Philippines which is a double-chamber body consisting
of The Senate and the House of Representatives, a bicameral Legislature has been created in place of the
unicameral set-up Provided in the 1973 Constitution.”

The 1935 Charter also established a bicameral legislature.

Note: There is a clamor from several sectors to amend the Constitution to replace the present presidential
form of government with a federal unicameral parliamentary system.
(Infra.)
Advantages of bicameralism.
Among the arguments propounded in favor of bicameralism
are:
(1) A second chamber (Senate) is necessary to serve as a check to hasty and ill-considered legislation;
(2) It serves as a training ground for future leaders;
(3) It provides a representation for both regional and
national interests;
(4) A bicameral legislature is less susceptible to bribery
and control of big interests; and
(5) It is the traditional form of legislative body dating from
ancient times; as such, it has been tested and proven in the
crucible of human experience.
Disadvantages of bicameralism.
Some of the arguments against it are:
(1) The bicameral sot-up has not worked out as an effective “fiscalizing” or counter-check machinery;
(2) Although it affords a double consideration of bills, it Is no assurance of better considered and better
deliberated Legislation;
(3) It produces duplication of efforts and serious deadlocks In the enactment of important measures with
the Conference Committee of both Houses, derisively called the “third Chamber,” practically arrogating
unto itself the power to enact Law under its authority to thresh out differences;
(4) All things being equal, it is more expensive to maintain Than a unicameral legislature; and
(5) The prohibitive costs of senatorial elections have Made it possible for only wealthy individuals to make
it to the Senate; and as to the claim that a Senate is needed to provide A training ground for future
leaders, two (2) of our Presidents Became chief executives even if their service was confined to The
House of Representatives.”
Scope of legislative power of Congress.
(1) Plenary or general. A grant of legislative power Means the grant of all legislative powers for all
purposes of civil Government. Accordingly, the legislative power of Congress, Except to the extent
reserved to the people by the provision on Initiative and referendum (see Sec. 32.), may be
characterized As plenary or general (not enumerated) subject only to specific Limitations or
prohibitions in the Constitution. A law enacted By Congress is presumed constitutional (i.e., consistent
with, Or not violative of the Constitution) unless clearly established Otherwise.

(2) Legislative powers not expressly delegated deemed used. The delegated powers of our Congress are
broader than the legislative powers of the American Congress. The latter's legislative powers are confined only
to those granted by the Federal Constitution. Hence, powers not granted or powers that cannot be reasonably
implied from the granted power are denied to the American Congress.
Classification of powers of Congress.
The primary function of Congress in to legislate. The Constitution, however, has also expressly given it powers
which are non-legislative in character. The powers of Congress may be classified into:
(1) General legislative power. It is the power to enact laws intended as rules of conduct to govern the relations
among individuals or between the individuals and the State. Congress can enact any law as long as it is not
contrary to the Constitution. Unless otherwise decreed by a competent court, a law is presumed
constitutional;
(2) Specific powers. They are powers which the Constitution expressly directs or authorizes Congress to
exercise like the power to choose who shall become President in case two or more candidates have an equal
and highest number of votes (Art. VII, Sec. 4, par. 4.), to confirm certain appointments by the President (Ibid.,
Sec. 16.), to promote social justice (Art. XIII, Sec. 1.), to declare the existence of a state of war (Sec. 23[1].), to
impose taxes (Sec. 28[1].), to appropriate money (Art. 29[1].), to impeach (Art. XI, Sec. 2.), to
act as a constituent assembly (Art. XVII, Sec. 1.), etc.;
(3) Implied powers. They are those essential or necessary to the effective exercise of the powers expressly
granted, like the power to conduct inquiry and investigation in aid of legislation (Sec. 21.), to punish for
contempt, to determine the rules of its proceedings (Sec. 16[3].), etc.; and
(4) Inherent powers. They are the powers which are possessed and can be exercised by every government
because they exist as an attribute of sovereignty. In other words, they are always deemed conferred by the
people even if not expressly granted by them in the Constitution. These powers which are legislative in nature
are the power of taxation, power of eminent domain, and police power. They fall under the general legislative
powers of Congress.
Principle of separation of powers.
(1) Presidential system. The powers of government, by virtue of this principle, are divided into three (3) distinct
classes: the legislative, the executive, and the judicial. They are distributed, respectively, among the legislative,
executive, and judicial branches or departments of the government. Under the principle of co-equal and
coordinate powers among the three (3) branches, the officers entrusted with each of these powers are not
permitted to encroach upon the powers confided to the others. If one department goes beyond the limits set
by the Constitution, its acts are null and void. The adoption of this principle was motivated by the belief that
arbitrary rule would result if the same person or body were to exercise all the powers of government."
(2) Parliamentary system. The three (3)-fold division of power is observed in the presidential form of
government which is distinguished by the separation of authority between the executive and legislative
organs. Under the parliamentary form, there is a fusion rather than a separation between the two (2) organs
so that in a sense, the two (2) are one body performing two (2) governmental functions: policy-making and
policy-executing. Under this doctrine, the Prime Minister who is the head of government is elected by
parliament without a fixed term of office.
(3) French presidential-parliamentary system. – This is a variant of the two (2) types of government. The
present government of France established in 1958, is known as the Fifth Republic. Its Constitution establishes
the familiar organs of a parliamentary system (e.g., a cabinet and Prime Minister) but delegates broad powers
to the President and places serious limitations on legislative powers. All other parliamentary systems have a
ceremonial head of state. The French model has a strong President alongside the Prime Minister who is the
Chief Executive.
Principle of checks and balances.
Under the Constitution, there is no absolute separation among the three (3) principal organs of government.
Constitutional provisions authorize a considerable amount of encroachment or checking by one department in
the affairs of the others. The system of checks and balances is also observed make along with the doctrine of
separation of powers to presidential system workable. The three (3) co-equal departments are established by
the Constitution with such blending of powers without sacrificing this balance or to restore it if upset, each
department is given altogether the system of checks and balances. To maintain certain powers with which to
check the others. Thus:
(1) Checks by the President. The President may veto or disapprove bills enacted by Congress (Sec. 27[1].), and
through the pardoning power, he may modify or set aside the judgments of courts. (Art. VII, Sec. 19.)
(2) Checks by Congress. - On the other hand, Congress may override the veto of the President (Sec. 27[1].);
reject certain appointments of the President (Art. VII, Sec. 16.), revoke the proclamation of martial law or
suspension of the privilege of the writ of habeas corpus by the President (Ibid., enactment of a new law or by
an amendment of the old, giving Sec. 18.); and amend or revoke decisions of the courts (by the it such
meaning and interpretation as to wipe out the effect of such decisions). It has likewise the power to define,
prescribe, and apportion the jurisdiction of the various courts (Art. VIII, Sec. 2.); prescribe the qualifications of
judges of lower courts (Ibid., Sec. 7[2].); determine the salaries of the President and Vice-President (Art. VII,
Sec. 6.), the members of the Supreme Court and judges of lower courts (Art. VIII, Sec. 10.); and impeach the
President and members of the Supreme Court. (Art. XI, Sec. 2.)
(3) Checks by the judiciary. The judiciary, in turn, with the Supreme Court as the final arbiter may declare
legislative measures or executive acts unconstitutional (Art. VIII, Sec. 4[2].) and "determine whether or not
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part" of Congress
or the President. (Ibid., Sec. 2, par. 2.)
SEC. 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.
SEC. 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and on the day of
the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of
the Philippines for not less than two years immediately preceding the day of the election.
SEC. 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided
by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more
than two consecutive terms. Voluntary renunciation of the 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.
The Senate.
(1) Composition and election. It is the upper chamber of the Congress of the Philippines. 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 their election. (Sec. 4, par. 1.) The Constitution has similar provisions limiting terms
of office with respect to the President and Vice-President (Art. VII, Secs. 3 and 4.), members of the House of
Representatives (Sec. 7.), and elective local officials. (Art. X, Sec. 8.) The hour and date of commencement of
the term of office of the President and Vice President 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
(.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 than two
(2) years immediately preceding the day of the election
(Sec. 3.)
The above qualifications are beyond the authority of Congress to diminish, increase or alter.
(4) Maximum terms. - In line with the state policy on equal access to opportunities for public service and
against political dynasties (see Art. II, Sec. 26.), a Senator is disqualified to serve for more than two (2)
consecutive terms. (Sec. 4, par. 2) While theoretically the people are the best judge of whether an official
should be reelected or not, the Constitution has opted to impose term limits to guard against the weakness in
our culture that tends to perpetuate political dynasties. (Art. II, Sec. 26.) There is no shortage of highly talented
and motivated men and women to replace those who have long been in office.
(5) Reelection after a break. At any rate, a Senator can still run for election after a break or interval. There is no
limit as to the number of years one can serve as Senator. What is prohibited is to serve for more than two (2)
successive terms. But a voluntary renunciation of the office by a Senator for any length of time shall not be
considered as an the continuity of his service for the full term for which he was interruption in elected. (Ibid.)
Meaning of registered voter and residence.
(1) A registered voter is one who has all the qualifications for a voter and none of the disqualifications
provided by law and who has registered himself in the list of voters.
(2) One’s residence is the place where one has his true Permanent home and to which, whenever absent,
he has the Intention of returning. It is, therefore, not necessarily the Actual place of residence. Legal or
constructive presence is all That is required. Thus, temporary residence in another place, City or
municipality for the purpose of carrying on a profession Or engaging in an occupation does not itself
constitute an Abandonment of one’s legal residence.
SEC. 5. (1) The House of Representatives
Shall be composed of not more than two hundred and fifty members, unless otherwise fixed By law, who
shall be elected from legislative districts apportioned among the provinces, cities, And the Metropolitan
Manila area in accordance With the number of their respective inhabitants, And on the basis of a
uniform and progressive ratio, and those who, as provided by law, shall be Elected through a party-list
system of registered National, regional, and sectorial parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number of
Representatives including those under the party-list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats Allocated to party-list representatives shall be
Filled, as provided by law, by selection or election From the labor, peasant, urban poor, indigenous
Cultural communities, women, youth, and such Other sectors as may be provided by law, except The
religious sector.
(3) 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, or each province, shall
have at least one representative.
 (4) Within three years following the return of every census, the Congress shall make a reapportionment
of legislative districts based on the standards provided in this section.
SEC. 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of
the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write,
and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately preceding the day of the election.
SEC. 7. The Members of the House of Representatives shall be elected for a term of three years which shall
begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their
election.No Member of the House of Representatives shall serve for more than three consecutive terms.
Voluntary renunciation of the 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.
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 the 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) Term of office. It is three (3) years, to begin also, unless other- wise provided by law, at noon on the 30th
day next following their election. (Sec. 7, par. 1.) The House of Representatives is intended to be close to the
people. The shorter term of three (3) years is expected to make the representatives more responsive and
sensitive to the needs of their constituents.
It is also consistent with the constitutional policy of accountability. (see Art. XI, Sec. 1.) If the people had made
a mistake in their choice of the incumbent congressman, they would not have to wait a long time for the
opportunity to correct the mistake by withholding a new mandate.
(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;¹ (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.)
Congress is not empowered to modify the above qualifications.
(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.)
Under the Constitution, a representative cannot serve continuously for more than nine (9) years.?
Again, the purpose is to prevent the growth of political dynasties or wardlordism-terms which in our country
have come to connote guns and goons and almost absolute power which in the past made it impossible for
qualified and deserving individuals to enter the legislative service. After some reelections, the politician
managed to accumulate much wealth and to set up his own formidable political machinery such that in many
places the people could not freely choose their candidates because they were coerced into submission by
"professional politicians" who had become powerful on account of long tenure. The term limits for elected
public officials will level the playing field for candidates especially for newcomers to the political arena.
Number, election/selection and classification of members.
(1) The Constitution limits to 250 the maximum number of members the House of Representatives may have.
The same may be increased by law. Fixing a ceiling in its membership which cannot be changed without
constitutional amendment may not be practical, for what may be an ideal number today may not be so
anymore in the years to come. As our population grows, the number of constituents enlarges and as they
increase in number, so does the need for a larger representation of the people in the House of Representatives
if it is to be truly representative of the people.
(2) The members of the House of Representatives shall be elected from legislative districts and through a
party-list system of registered national, regional and sectoral parties or organizations. The party-list
representatives shall constitute 20% of the number of representatives in the lower house, including those
under the party-list. (Ibid.) For three consecutive terms after the ratification of the new Constitution, one-half
(1/2) of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or
election from the labor, peasant, urban poor, indigenous cultural communities, women, youth and such other
sectors as may be provided by law, except the religious sector. (Sec. 5[2].)
(3) Thus, the members of the House of Representatives may be classified into district, party-list, and sectoral
representatives with the last to exist only for three (3) consecutive terms after the ratification of the
Constitution.
Apportionment of elected representatives.
(1) Conditions for apportionment. It is a requirement under Section 5 that the elected representatives from
legislative districts shall be apportioned or distributed among the provinces, cities and the Metropolitan
Manila area subject to the following conditions:
(Such apportionment shall be made in accordance with the number of their respective inhabitants:
b) It shall be made on the basis of a uniform and progressive ratio; (c) Each legislative district shall comprise as
far as practicable, contiguous, compact and adjacent territory; and
(d) Each city with a population of at least 250,000 or each province shall have at least one representative.
(2) Ratio to be adopted. Under the Constitution, the ratio to be adopted must be uniform, say, for example,
one territorial unit for every 250,000 inhabitants or fraction thereof. Thus, every elected representative
represents a territorial unit whose population is nearly equal with the others. This insures that the majority
vote of such members of the House of Representatives represent the popular majority.

The ratio must also be progressive, for the size of the House of Representatives must be considered. It must
not be too big as to be unwieldy. So, as population grows, the ratio may be increased, say from 250,000 to
300,000 inhabitants for each legislative district.

(2) Representation of provinces and cities. The new Constitution provides, however, that (regardless of
their population) provinces (with their component cities) shall have at least one (1) representative
each. But, a city with a population of at least 250,000 shall have at least one (1) representative.

(3) Reapportionment of legislative districts. Within three (3) years following the return of every census,
Congress is mandated to make a reapportionment or redistribution of legislative districts based on the
above standards provided by the Constitution (Sec. 5[4].) so that inequalities of representation that
arise because of changes in population may be corrected.
Party-list and sectoral representation.
(1) Aim of the party-list system. The basic aim of representative government is to attain the broadest
possible representation of all interests in its law and policy-making body. It becomes necessary to give
an opportunity to the various social, economic, cultural, geographical and other groups or sectors of
our society to have their voices heard. And because they are usually without sufficient funding or
political machinery, it becomes incumbent upon the government to extend such opportunity without
the need to go through an expensive electoral contest.
For this reason, the party-list system has been adopted in the new Constitution to assure them of
representation in the highest law-making body of the Republic.
(2) Appointment/selection of sectoral representatives – Under the party-list system, in addition to the
members of the House of Representatives elected from the legislative districts, 20% of its total
composition or membership (or a ratio of one party-list representative for every 4 legislative district
representatives) shall be elected from a list of registered national, regional, and sectoral parties or
organizations. (see Art. IX, C- Secs. 7, 8.) The maximum number of party-list representatives strikes a
balance between those directly elected in their districts and those elected under the party-list. Thus, if
 there are 250 members, 50 thereof must be party-list representatives. People will vote not for
individual candidates

but for the registered parties which will be entitled to such number of seats depending on the percentage of
votes received.

However, for the first three (3) consecutive terms from the time the party-list system has been in operation
after the ratification of the new Constitution, one half (1/2) of the seats allocated to party-list representatives
shall be filled, as provided by law, by selection (i.e., appointment) or election, from the labor, peasant, urban
poor, indigenous cultural communities, women, youth and such other sectors as may be provided by law,
except the religious sector."

(3) Need for sectoral representation. - Sectoral representation is necessary because it is almost impossible for,
say a farmer, laborer or public school teacher, to win in an election. It will foster the rise of non-traditional,
political parties and greater participation for various interest groups, not to mention genuine grassroots
consultation. After three (3) consecutive terms, it is expected that enough of the people organized sectorally
(e.g., labor, farmer, and urban poor groups) will be able to win seats in the House of Representatives under the
party-list system and those who are not organized but wish to be represented in the House of Representatives
will be forced to organize and, maybe, coalesce with other groups in order to have representation.
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.
Kinds of election for members of Congress.
There are two (2) kinds of elections for members of Congress, namely: (1) Regular election. It shall be held on
the second Monday of May. Congress may, by law, provide otherwise. (Sec. 8.) If the election is held beyond
the term of office, the members of Congress cannot hold over. The purpose of a regular election is to give the
people an opporturity to renew or withhold their mandate on elected officials, and

(2) Special election. It may be called in case a vacancy arises in the Senate or House of Representatives to fill
such vacancy in the manner prescribed by law. The Senator or Representative elected shall serve only for the
unexpired term. (Sec. 9.) The authority to call a special election may be given by law to the Commission on
Elections. The holding of a special election is not made mandatory by the Constitution.

SEC. 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after the expiration of the full term of all the Members of
the Senate and the House of Representatives approving such increase.

Salaries of members of Congress.

Under the above provision, Congress is not prohibited from increasing or decreasing the salary of its members.
However, any increase can take effect only after the expiration of the full term of the members approving such
increase. This rule applies even as to members who voted against the increase.

The obvious purpose of the restriction is to prevent Congress from in- creasing the salary of its members
during their incumbency. To be sure, Congress has the power to provide for higher compensation, but with the
length of time that has to elapse before an increase becomes effective, there is a deterrent factor to any such
measure unless the need for it is clearly felt.'
SEC. 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more
than six years imprisonment, be privileged from arrest while the Congress is in session. 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.

Freedom from arrest of members of Congress

Section 11 provides for the parliamentary immunities of the members of Congress. Every member of Congress
is entitled to the privilege from arrest while Congress is in session, whether or not he is attending session.
Congress is considered in session, regular or special, for as long as it has not adjourned.

Like the guarantee of freedom of speech or debate (infra.), this privi- lege is intended to enable members of
Congress to discharge their functions adequately and without fear. It is true that the privilege may be abused.
However, the harm which would come from its abuse is considered slight compared to that which might arise
if the privilege were not given.

When immunity cannot be invoked.

The immunity cannot be invoked where:
(1) The offense by reason of which the arrest is made is punishable by more than six (6) years
imprisonment. In this case, the seriousness of the offense does not justify the grant of the privilege; or
(2) Congress is no longer in session. In such case, the reason of the privilege does not obtain.
The privilege is a personal one and may be waived.
Freedom from being questioned for speech and debate.
A member of Congress enjoys parliamentary immunity in that he shall not be questioned nor be held liable in
any other place for any speech or debate “in the Congress or in any committee thereof.” The quoted phrase
should be construed to mean that the statements must be in connection with or in relation to the performance
of legislative duties.
Like the privilege from arrest, this privilege is secured not to protect the members against prosecution, but for
the benefit of the people, by enabling their representatives to discharge the functions of their office without
fear of prosecution. Civil or criminal.
When immunity cannot be claimed.
The privilege cannot be claimed where:
(1)The member is not acting as a member of Congress, for he is not entitled to any privileges above his
fellow citizens; nor are the rights of the people affected if he is placed on the same ground on which his
constituents stand; and
(2)The member is being questioned in Congress itself, whenever said body considers that his words and
conduct are disorderly and unbecoming of a member thereof.
SEC. 12. All Members of the Senate and the House of Repre- sentatives shall, upon assumption of office,
make a full disclosure of their financial and business interests. They shall notify the House concerned of a
potential conflict of interest that may arise from the filing of a proposed legislation of which they are
authors.
Disclosure of financial and business interests.
To promote a high standard of integrity in the legislature, Section 12 imposes two obligations on all members
of Congress:
(1) To make a full disclosure of their financial and business interests,
Upon assumption of office; and (2) To notify the House concerned of a potential conflict of interest that may
arise from the filing of a proposed legislation of which they are authors.

The first obligation is necessary in view of the prohibition in Section 14 against having financial interest in any
contract with, or any franchise or special privilege granted by, the government. Note that Section 12 requires
“full disclosure.” If a member of Congress withholds or hides any information of his interests, he may be
disciplined-censured, suspended. Or even expelled by the chamber where he belongs.

As to the second obligation, it is a betrayal of public trust for a member to vote for the approval of a proposed
legislation from which he expects to derive financial advantage especially if he is the author thereof. (see Art
XI, Sec. 1.) Even if he is not engaged in a business activity when he files a bill but later gets into such business,
he is still required to disclose new business interests and notify the House concerned of the potential conflict
of interest. Note that a legislator may still propose the bill referred to.

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

Disqualification to hold any other office or employment.

Sections 13 and 14 provide for certain disabilities for members of Congress, the first with respect to their right
to hold any other office or employment, and the second, with respect to their right to engage in certain
activities. Precepts of propriety and ethics underlie the constitutional provision disqualifying members from
holding certain offices in the government. Under this provision, a member is disqualified to hold two classes of
office, namely:

(1) Incompatible office. This includes any kind of office or employment in the government, or any subdivision,
agency, or instrumentality thereof, including government-owned or -controlled corporations or their
subsidiaries during his term. The phrase "any other office or employment" includes any position in the
government outside of Congress, including ex- officio membership of any noncongressional body, committee
or commission in any guise whatsoever. The prohibition finds its rationale in the need for members of Congress
to devote their time and attention to the discharge of their legislative responsibilities.

A. Senator or Representative who accepts any other office or employment in the government during his term
forfeits his seat. It is violative of the very essence of democracy and politically immoral for a member of
Congress to turn his back on his bounden duty to serve the people who elected him to be their representative
in Congress and expected him to serve as such for the full term. His occupying another position deprives his
constituency of its representation in Congress.

(2) Forbidden office. This refers to any office created or the emoluments of which have been increased during
the term for which he was elected (Sec. 13.), not merely during his tenure or period of actual incumbency. The
period of ineligibility with respect to these two classes of office does not come to an end until after the
member shall have left his, office by the termination of his term, not tenure. (see Art. VII, Sec. 4.) Hence, a.
member of Congress shall not be eligible for appointment to such office even if he resigns or loses his seat.
Without the prohibition, members of Congress might be tempted to create offices or increase their
emoluments for personal gain.
SEC. 14. No Senator or Member of the House of Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.
Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or
special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation, or its subsidiary, during his term of office. He
shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he
may be called upon to act on account of his office.
Fiduciary position of members.

The prohibitions under this subject underscore the fiduciary nature of the position of a member of Congress
and thus lend effectiveness to the principle that public office is a public trust. (Art. XI, Sec. 1.) They may be
grouped as follows:
(1) Appearance as counsel before any court of justice, etc. – A member of Congress shall not appear
personally as counsel before any court of justice or before the Electoral Tribunals or quasi-judicial and
other administrative bodies. The purpose is to remove any possibility of influence upon the judges of
these courts or heads or members of these bodies who might be swayed in their decisions by their
hope for future appointments to higher positions. Appearance is prohibited even if no fees are charged
for .it.
With respect to appearance before the Electoral Tribunals, the reason for the prohibition is the inconsistency
of a member’s position in representing a party who may not be entitled to be a member of the body to which
he belongs. Exertion of undue influence is also sought to be avoided;
(2) Financial interest in any contract with the government – He shall not, directly or indirectly, be
interested financially in any contract with the government, etc., during his term of office, whether as an
individual or as a member of a partnership or as an officer of a corporation. Financial interest in such
contract by the spouse is indirect financial interest by a member of Congress. But it does not extend to
such contract entered into by a son or brother of a member of Congress unless used as dummy or the
member is pecuniarily interested in the contract. The purpose of the prohibition is to prevent a
member of Congress from using whatever influence and pressure in the award of government
contracts.
Financial interest in any contract is interest which involves financial investment (e.g., subscription to the capital
stock of a government corporation) or business out of which a member of Congress is to derive profit or gain.
Borrowing money from the Philippine National Bank cannot be considered one involving financial investment
from which the borrower expects to obtain profit;
(3) Financial interest in any special privilege granted by the government. He shall not, directly or indirectly,
be interested financially in any franchise or special privilege granted by the government. Etc., during his
term of office. The reason for this prohibition is likewise to prevent members of Congress from making
use of their influence for purposes of finanancial benefit or reward; and
(4) Intervention in certain matters. He shall not intervene in any cause or matter before any office of the
government for his pecuniary benefit or where he may be called upon to act on account of his office or
to give his vote as member of Congress. The prohibition seeks to insure that his every vote on any
pending legislative measure shall be dictated by no other consideration than the public good, and it
applies whether or not he personally derives any pecuniary benefit or advantage from his intervention.

SEC. 15. 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 thirty 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.

Sessions of Congress.

(1) Regular session. Congress shall convene once every year on the fourth Monday of July for its regular
session unless a different date is fixed by law. Once it is convened, the session shall continue for such
 number of days as it may determine until 30 days before opening of its next regular session, exclusive
of Saturdays, Sundays and legal holidays. There is, however, no prohibition from holding sessions on
Saturdays, Sundays, and legal holidays.

Congress shall be virtually in session for the entire year. It is only proper that it be on the job throughout
the year. Lawmaking is a full-time obligation and not a mere sideline. Members of Congress receive fixed
yearly income.¹

During a regular session, the Congress may legislate on any matter it deems fit.
(2) Special session. It takes place when the President calls Congress, during the time that it is in recess, to
session to consider such subjects or legislations as he may designate. Its duration is not limited by the
Constitution. The President may designate the subjects in his proclamation or special message calling
Congress to a special session, but the power of Congress is not limited to the subjects specified. It may
enact laws relating to other subjects. The President may also limit the duration of the session but once it is
already in special session, Congress may determine the duration in accordance with the needs and
exigencies of the business before it.
Secret meetings of Congress or any of its committees are called “executive sessions." A closed session is held if
the issue to be discussed involves national security. (see Art. 16141.)
SEC. 16. (1) The Senate shall elect its President and the House of Representatives its Speaker, by a majority
vote of all its respective Members.
Each House shall choose such other officers as it may deem necessary.
(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.
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and,
with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty days.
(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such
parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the
request of one-fifth of the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more
than three days, nor to any other place than that in which the two Houses shall be sitting.
Officers of Congress.

(1) Congress shall, by a majority vote of all its respective members, elect the Senate President and Speaker of
the House of Representatives. The Senate President and the Speaker hold their office at the pleasure of the
respective members of both Houses.
(2) Each House is authorized to choose such other officers as it may deem necessary (Sec. 16[1].), such as a
Senate President/Speaker Pro- tempore, a floor leader, a secretary, a sergeant-at-arms, a disbursing officer,
technical assistants, etc. The rules of the present House of Representatives provide for the election of three (3)
Deputy Speakers in place of one (1) Speaker Pro-Tempore.
It is important that the officers of both Houses be elected at the earliest possible time so that they can get
organized into a working body to perform their constitutional duties and functions.

Powers and functions of Senate President and House Speaker.

The Constitution does not define the powers and functions of the Senate President and the Speaker of the
House of Representatives. They are, however, implied from their position as administrative heads and
presiding officers of their respective chambers. As such, they preside over their sessions, preserve order and
decorum, decide all questions of order, sign acts, resolutions, orders and warrants, issue subpoenas, and
appoint personnel, and discipline them.
Other powers may be given to them by the rules of their respective Houses for purposes of efficient staff
services of legislative work.
Meaning of quorum.

A quorum is such a number of the membership of an assembly or collective body as is competent to transact
its business. In other words, it is that number that makes a lawful body and gives it power to pass a law or
ordinance or do any other valid corporate act.

Ordinarily, a quorum is at least one-half plus one of the members of a body.

Basis of quorum in each House.

Under the Constitution, "a majority of each House" shall constitute a quorum to do business (Sec. 16[2].)
during its sessions, whether regular or special.
There is a difference between "a majority of all the members" of a body and "a majority" of the body, the
latter requiring less number than the former. Under Section 16(2), the basis of the quorum is not the number
of all the members who constitute the entire membership of each House. Members suspended or otherwise
prevented from participating in the functions of either House or who for the time being may be outside the
Philip- pines and on whom Congress has, therefore, no coercive power to enforce its authority and command,
should not be counted."
Adjournment in absence of quorum.
In the absence of a quorum, 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 each House may provide. (Ibid.) This smaller
body is competent to issue orders for the arrest of the absent members and to choose an acting Senate
President or Acting Speaker as an emergency measure. Without the above power of each House, members
who refuse to attend its sessions could obstruct legislative work.
Meaning and function of rules of procedure.

Rules of procedure are the rules made by any legislative body to regulate the mode and manner of conducting
its business.
They are intended for the orderly and proper disposition of the matters before it. Thus, the procedure and
rules to be observed in its deliberations (e.g., what committees, and upon what subjects they shall be
appointed; what shall be the order in which the business shall be taken up; in what order certain motions shall
be received and acted upon); election of officers; penalties to be imposed upon erring members; and many
other kindred matters, are proper subjects of the rules of procedure.
Limitations on power to determine rules.

The Constitution empowers each House to determine the rules of its proceedings. (Sec. 16[3].) Any such rules
is subject to revocation or modification by each House.
The rules promulgated should not ignore constitutional restraints or violate fundamental rights. They cannot
repeal or alter statutes. The reason for this is that the Constitution and statutes are superior to the internal
rules of Congress.
Nature of power of each House to punish its members.
The power to punish or expel a member need not be specified in the Constitution since it would exist, whether
expressly conferred or not. It is a necessary and incidental power to enable each House to perform its high
functions. It is a power of protection. A member may be physically, men- tally, or morally unfit, or afflicted with
contagious disease, or insane, or noisy, or violent and disorderly, or in the habit of using profane, obscene and
abusive language. Even in the absence of parliamentary customs and practices, legislative bodies have the
power to protect themselves by the punishment and expulsion of a member.7
The fact that the Constitution expressly gives each House the power to punish its members for disorderly
behavior (Ibid.) does not imply that it has no power to punish for contempt any other person. Punishment may
take the form of reprimand, fine, forfeiture of salary, imprisonment, suspension, and expulsion
Votes required.
To suspend or expel a member, the concurrence of two-thirds of all the members of each House is necessary. If
the penalty is suspension, this shall pot exceed 60 days. (Ibid.)
Each House has no power to suspend a member for an indefinite period of time. An indefinite suspension is
considered worse than expulsion in the sense that in the former, a vacancy does not arise and consequently,
the people are deprived of the opportunity to elect a replacement for the period of the suspension.
Each House sole judge of disorderly behavior.
The courts are not authorized to control, revise, or forbid the exercise by Congress of its power to punish a
member for disorderly behavior. It must necessarily be the sole judge of what constitutes disorderly behavior
not only because the Constitution has conferred jurisdiction upon it, but because the matter mainly depends
on factual circumstances of which said body knows best." (see, however, Art. VIII, Sec. 1, par. 1.)
Meaning of legislative journal.
A legislative journal is defined as the official record of what is done and passed in a legislative assembly. It is
so-called because the proceedings are entered therein in chronological order as they occur from day to day.
The record is frequently spoken of in the plural as the "journals.""
Purpose of journal-keeping requirement.
The Constitution requires the Congress to "keep a journal of its proceedings, and from time to time to publish
the same, excepting such parts as may, in its judgment, affect national security." (Sec. 16[4].)
The object of the requirement is to insure publicity of the proceedings of Congress, and a corresponding
responsibility of the members to their respective constituents. Reasons of public policy demand a record of the
actuations of a legislative body kept in permanent form and open to public inspection. The journals fulfill that
role. They are public because all are required to conform to them, and they are permanent to assure that
rights. acquired upon the faith of what has been declared to be the law shall not at some future time be
destroyed by facts made to rest only in the memory of individuals.12
Matters to be entered in the journal.
The Constitution requires the following to be entered in the journal: (1) The yeas (affirmative votes) and nays
(negative votes) on any question, at the request of one-fifth of the members present (Ibid.);
(2) The yeas and nays on the passage of a bill upon its last reading (see Sec. 26[2].) even in the absence of a
request to that effect as it is of great importance that such vote be recorded so that the people may know the
stand of their representatives on a particular measure;
(3) Such other matters which each House in its discretion may direct to be so entered in the journal;
(4) The yeas and nays on the repassage of a bill vetoed by the President and the names of the members of
each House voting for or against (Sec. 27[1].); and
(5) The vote of each member of the House of Representatives in impeachment cases. (see Art. XI, Sec. 3[3].)
Matters which in the judgment of each House affect national security shall also have to be entered in the
journal but they shall be excepted from publication. (Sec. 1614].)Each House shall also keep a Record of its
proceedings. (Ibid.)
Adjournment by either House without consent of the other.
During the sessions of Congress, either House may adjourn for not more than three (3) days. Without the
consent of the other, it cannot adjourn for a longer period or to some other place than that in which the two
Houses shall be sitting. (Sec. 16[5].)
Without the rule on adjournment, a House can delay or hold up the work of legislation. Every bill passed by
either House has to be voted upon by the other before it is presented to the President for approval. (see Secs.
26(2), 27(11)
SEC. 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be
the sole judge of all contests relating to the election, returns, and qualifications of their respective
Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of
the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the
Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and the parties or organizations registered under the
party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
SEC. 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex
officio Chairman, twelve Senators and twelve Members of the House of Representatives, elected by each
House on the basis of proportional representation from the political parties and the parties or organizations
registered under the party-list system represented therein. The Chairman of the Commission shall not vote,
except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session
days of the Congress from their submission. The Commission shall rule by a majority vote of all the
Members.
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.
Electoral Tribunal in each House.
(1) Composition, constitution and jurisdiction. An Electoral Tribunal, composed of nine (9) members three
(3) Justices of the Supreme Court designated by the Chief Justice and six (6) members of the Senate or the
House of Representatives, as the case may be, chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system represented therein. -
is created in each House of Congress. It shall be constituted within 30 days after the Senate and the House of
Representatives shall have been organized with the election of the President and the Speaker. (Sec. 19.) It
has exclusive jurisdiction over all contests relating to the election, returns and qualifications of their
respective members. (sec Art. IX, C-Sec. 2121.)
(2) Reason for creation. Under the 1973 Constitution, this power was given to the Commission on Elections.
It would seem inappropriate for an administrative agency, an independent constitutional body not with-
standing, composed wholly of appointive members, to act as a judge of election contests affecting elected
members of no less than the legislative organ of the State. On the other hand, it would be impractical to
make each House the sole judge of such contests as this would make the procedure unwieldy and the
deliberation immersed in partisan politics. The Electoral Tribunals, by their composition and the method by
which they are constituted (Sec. 17.), solve the problems presented above. With a mixed membership partly
taken from the Supreme Court and partly from the House concerned, an independent body of sufficient
stature "invested with a measure of judicial temper" and free from the control of political parties is created
to insure a fair and impartial determination of election contests involving the right to legislative seats.
The system also enables Congress to concentrate on its proper function which is lawmaking, rather than
spend part of its time adjudicating election contests.
The Commission on Appointments in Congress.
(1) Composition, constitution, and nature. The Commission on Appointment is composed of 25 members-
the President of the Senate as ex officio chairman, 12 Senators and 12 members of the House of 3, elected
by each House on the basis of proportional representation from the political parties and the parties or
organizations registered under the party-list system. Like the Electoral Tribunals, the Commission on
Appointments is constituted within 30 days after the Senate and the House of Representatives shall have
been organized with the election of the Senate President and Speaker. It meets only while Congress is in
session, at the call of its Chairman or a majority of its members, to discharge its powers and functions. (Sec.
19.)
As created and constituted, it is a sort of joint committee of the Senate and the House of Representatives.
Unlike an ordinary joint committee of the two Houses, however, which has to report its action to Congress
for approval or disapproval, the Commission on Appointments acts independently of Congress and is legally
not responsible to it. Once created, it operates as a distinct entity, legislative in composition but executive in
function.
(2) Power or function. The power of the Commission on Appointments is to approve or disapprove
appointments submitted to it by the President. It must act on all such appointments, by a majority
vote of all the members, within 30 session days of Congress from their submission. The Commission
on Appointments is, in a way, the representative of Congress vested with full authority to consider the
nominations made by the President to the more important positions in the government.”
(3)
(4) Reason for creation. The creation of a Commission on Appointments, which was provided in the 1935
Constitution, is based on the principle that it is best to have a deliberative body pass upon
appointments to important positions in the government. The Philippine experience in the 14 years
after the declaration of martial law in 1972 showed that one person cannot carry out the job of
screening prospective appointees as well, as a larger body can. The complaint against the practice,
however, under the 1935 Constitution was that the appointment process became highly partisan,
considering that membership of the Commission was drawn along party lines.
It Is a good procedure to give the names of presidential nominees the widest publicity possible before
appointments are finalized in order to afford the public an opportunity to present their objections to the
nominees.¹
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.

Records of Congress open to public. Congress is enjoined by the Constitution to preserve and open its
records and books of accounts to the public. (see Art. III, Sec. 7.) 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. This requirement, however, is not absolute. Congress may prescribe by law the
conditions to be complied with in the exercise of the right of inspection of its records and books of accounts.

The constitutional provision will limit the opportunity to misappropriate public funds.

SEC. 21. The Senate or the House of Representatives or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons
appearing in or affected by such inquiries shall be respected.
Power of legislative inquiry and investigation.
Section 21 authorizes each House or any of its committees' to conduct inquiries (investigations) in aid of
legislation. Even in the absence of the provision, however, Congress may exercise the power to investigate as it
is an essential and appropriate auxiliary to the legislative function.
(1) Sound legislation - A legislative body cannot legislate wisely or effectively in the absence of information
respecting the conditions which the legislation is intended to affect or change; and where the legislative body
does not itself possess the requisite information which is not infrequently true-recourse must be had to others
who do possess it. So, some means of compulsion may be essential to obtain what is needed. Congress has the
power to punish for contempt a person who refuses to give testimony or information pertinent to the inquiry
within its jurisdiction.
(2) Other desirable benefits. This incidental function of a legislative body produces other desirable results.
Legislative hearings enable the public to inform itself on governmental problems. They can also help crystallize
and influence public opinion on important issues. A law enacted after it has been shown by facts brought out
in such hearings that warrant its incorporation in the statute-books, enables the executive to enforce it more
effectively and the courts to apply it more wisely or correctly."
Scope of the power.
(1) Aid to other legislative functions-The power of inquiry and investigation* exists not only to enable Congress
to discharge effectively its primarily legislative or lawmaking functions. It likewise extends to hearings on other
matters within its jurisdiction notably the power to impeach, to propose amendments, and to take disciplinary
action against its members
(2) Limitations, In legislative investigations, as in the courts of justice, the constitutional rights (e.g.. rights
against self-incrimination. right to counsel, etc.) of persons appearing in or affected by such inquiries must be
respected. Each House is required to publish the rules of procedure to be followed in said inquiries for the
guidance of any person who may be summoned before it. Thus, the hearings must be conducted strictly in
accordance with said rules and not depend on the whims and caprices of the members of the investigating
committee.
The requirement seeks to ensure that this vital power serves only the purpose of legitimate inquiry. In the past
Congress, this power has been abused by some legislators by making it an instrument of oppression.
SEC. 22. 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 of Representatives at least three days before their scheduled
appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto.
When the security of the State or the public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session.
Appearance of heads of departments Before each House.
(1) Under Section 22, heads of departments cannot be required to appear before either House under pain
of being declared in contempt¹ in view of the separation of powers between the legislative and
executive branches. The President may prohibit the appearance of heads of departments before
Congress. Note that Section 22 refers only to heads of departments and not to lower executive officials.
(2) They may appear upon their own initiative with the consent of the President, or even without the
consent of the President, upon the request of either House on any matter pertaining to their
departments. Such appearance is useful as a device for monitoring the programs, activities, and the
management of the affairs of the various departments particularly if the proceedings are adequately
communicated to the people who will be in a better position to evaluate the performance of an
administration as a whole.
(3) Written questions shall be submitted to the Senate President or the Speaker of the House of
Representatives at least three (3) days before the scheduled appearance of the department head
concerned to give him time to prepare his answers and to submit documents in support thereof. How-
ever, the interpellations to be made may cover not only the written questions submitted but also
matters related thereto.
(4) The proceedings shall be open to the public like other sessions of each House, but it shall be conducted
in executive sessions when the security of the state or public interest so requires and the President so
states in writing.
SEC. 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting
separately, shall have The sole power to declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a
limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper
to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers
shall cease upon the next adjournment thereof.
Power to declare existence of a state of war.
The Constitution grants Congress the sole power to declare the existence of a state of war. The concurrence of
two thirds of both Houses in joint. session assembled, voting separately (not jointly) is required for the exercise
of this power. (Sec. 23[1].) Because war directly and vitally affects all the components of the entire nation, it is
deemed essential that the responsibility to make such declaration should rest with the direct representatives
of the people in Congress.
While the responsibility to make the declaration rests on Congress, the President, however, through his
dealings with a foreign country, may bring about a state of affairs that Congress may be left with no alternative
but to recognize and declare the existence of a state of war. The President may find it necessary to engage in
war without waiting for Congress to make a declaration of war.
War contemplated.

The war contemplated here is a defensive, not an aggressive war, because by express constitutional provision,
the Philippines renounces war as an instrument of national policy. (Art. II, Sec. 2.)
The phrase "to declare war" in the 1935 Constitution was changed to "to declare the existence of war" in the
1973 Constitution which is retained in the new Constitution except with the insertion "of a state" because
original provision in the 1935 Constitution may give the impression that Congress can declare a war of
aggression.
Delegation of emergency powers.
Section 23(2) is an exception to the rule that the Congress may not delegate its legislative authority to any
other office, agency, or entity. (see Sec. 28[2].) During grave emergencies, it may not be possible or practicable
for Congress to meet and exercise powers. To meet any such occasion, the Constitution expressly permits
Congress to grant legislative powers to the President, subject to certain conditions as follows:
The emergency powers may be granted by law to the President only in times of war (whether declared or not)
or other national emergency (e.g.. rebellion, grave economic depression). It is the Congress that determines
whether there is a war or national emergency (see Art. XII, Sec. 17.);
2) The said powers must be exercised only during a limited period, that is, for the duration of the war or other
national emergency; (3) They must be exercised subject to such restrictions (e.g., requiring the President to
make a report to the Congress when it meets in session) as the Congress may prescribe; (4) They must be
exercised to carry out a national policy as declared in the law delegating the authority; and
(5) They shall automatically cease upon the next adjournment (i.e.. adjournment of the next session) of
Congress, unless sooner withdrawn by resolution in view of its opinion that the emergency has ceased. This
provides a safeguard against the exercise of emergency powers by the President even when the national
emergency for which the powers were intended no longer exists.
SEC. 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local
application, and private bills shall originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments.
Meaning of appropriations bill.
An appropriations bill is one the primary and specific aim of which is to make appropriations of money from
the public treasury. A bill of general legislation which carries an appropriation as an incident thereto to carry
out its primary and specific purpose is not an appropriations bill.
Kinds of appropriations.
An appropriation is an authorization made by law or other legislative enactment, directing payment out of
government funds under specified conditions and/or for specified purposes.
Appropriations may be:
(1) Annual or general appropriations. They set aside the annual expenses for the general operation of the
government. The general appropriations bill is more popularly known as the budget;
(2) Special or supplemental appropriations. They include all appropriations not contained in the budget. They
are designed to supplement the general appropriations:
(3) Specific appropriation. One which sets aside a named sum of money for the payment of a particular
expense; and
(4) Continuing appropriation. One which provides a definite sum to be always available from year to year,
without the necessity of further legislative action, for the purpose appropriated even after the original

amount shall have been fully spent. When the original amount is spent, a like amount is automatically
appropriated for the original purpose. The provision of the Constitution fixing the annual salaries of certain
constitutional officials (see Art. XVIII, Sec. 17.) operates as continuing appropriations for their respective
salaries. The new Charter, however, affords Congress the necessary flexibility to adjust upwards the salaries in
response to inflation, subject to limitations provided. Section 25(7) provides for automatic reappropriations in
case of failure of Congress to pass the general appropriations bill for the ensuing fiscal year.
Meaning of other bills.

(1) Revenue bill. One the primary and specific purpose of which is toraise revenue.

(2) Tariff hill. As used in the Constitution, it has reference to one imposing customs duties for revenue
purposes. A bill imposing high tariff rates (rates of customs duty) on certain imported articles to protect local
industries against foreign competition (which is its primary purpose) is not a revenue bill and, therefore, not a
tariff bill as contemplated by the Constitution, although incidentally it creates substantial revenue.

(3) Bill authorizing increase of the public debt. One which creates public indebtedness such as a bill providing
for the issuance of honds and other forms of obligations. Such bonds are to be paid with the proceeds to be
derived from taxation and other sources of government revenue."
(4) Bill of local application. One affecting purely local or municipal concerns like one creating a city or
municipality or changing its name.
(5) Private bill. One affecting purely private interest, such as one granting a franchise to a person or
corporation, or compensation to a person for damages suffered by him for which the government considers
itself liable.
Bills which must originate exclusively in the House of Representatives.
Under Section 24, the House of Representatives has the exclusive authority to take the initiative in the
presentation of the bills mentioned. These measures may not originate in the Senate, but the Senate may
propose amendments to them and refuse to approve them if their amendments are not accepted by the
House of Representatives
It is said that the House of Representatives being the more popular branch of Congress, being closer to the
people and having more frequent contacts with them than the Senate, should have the privilege of taking the
initiative in the proposal of revenue and tax projects, the disposal of the people’s money, and the contracting
of public indebtedness. These powers of initiative in the raising and spending of public funds enable the House
of Representatives not only to implement but even to determine the fiscal policies of the government. The
authority to initiate tariff legislation makes it a very important instrument in moulding foreign policy and
guiding the direction of the industrial and economic development of the nation.*
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. The form, content, and manner of preparation of
the budget shall be prescribed by law.
(2)No provision or enactment shall be embraced in the general appropriations bill unless it relates
specifically to some particular appropriation therein. Any such provision or enactment shall be
limited in its operation to the appropriation to which it relates.
(3)The procedure in approving appropriations for the Congress shall strictly follow the procedure for
approving appropriations for other departments and agencies.
(4)A special appropriations bill shall specify the purpose for which it is intended, and shall be
supported by funds actually available as certified by the National Treasurer, or to be raised by a
corresponding revenue proposal therein.
(5)No law shall he passed authorizing any transfer of appropriations; however, the President, the
President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the
Supreme Court, and the heads of Constitutional Commission may, by law, be authorized to augment
any item in the general appropriations law for their respective offices from savings in other items of
their respective appropriations.
(6)Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to
be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
 (7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill
for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed
reenacted and shall remain in force and effect until the general appropriations bill is passed by the
Congress.

Meaning of budget.
A budget is the financial program of the national government for a designated calendar year, consisting
of statements of estimated receipts from revenues and expenditures for the calendar on which it is
intended to be effective based on the results of operations during the preceding calen. dar year?

It refers to the financial plan required to be prepared pursuant to Section 16(1), Article VIII of the Constitution.

Submission of proposed budget by the President.

The "budget" of expenditures and sources of financing, including receipts from existing and proposed
revenue measures (see Art. VII, Sec. 22.) which the President has to prepare and submit to Congress is
intended as a guide for the latter to follow not only in fixing the amount of appropriations but also in
determining the specific governmental activities for which public funds should be spent." The form,
content, and manner of preparation of the budget shall be prescribed by law." (Ibid.).
Increase of appropriation recommended by the President.
Congress may not increase the appropriations recommended by the President for the operation of the
Government as specified in the budget. (Sec. 25111.) Being responsible for the proper operation of the
executive department, the President is naturally the party best qualified to know the maximum amount
that the operation of his department requires
Neither can Congress increase its outlay and that for the judiciary and the constitutional bodies in the
proposed budget on the theory that there is already a consensus on the amounts needed by them when
the proposed budget is being prepared. With respect to the judiciary, its appropriations may not be
reduced by Congress below the amount appropriated for the previous year. (Art. VIII, Sec. 3.) In the case
of Congress, having the authority over the appropriations itself, the limitation is necessary as a check
against its abuse.
Prohibition against riders.
The main object of the restrictions in Section 25(2) is to do away with what are called riders. (see Sec.
26[1].)
A rider is a provision or enactment inserted in the general appropriations bill which does not relate to
some particular appropriation therein. A provision, for instance, in the general appropriations law
“prohibiting government officers and employees to do private work” or referring to the “calling to active
duty and the reversion to inactive status of reserve officers” is a rider as it has no direct connection with
any definite item of appropriation in the law. Such provision shall be of no effect. In legal contemplation, it
is as though it has never been passed.
The objective of the Constitution Is not only to prevent the general appropriations bill from being used as a
vehicle which controversial legislative matters may be enacted into law without due consideration, but also
to facilitate the enactment of such an important law that will set the government machinery in motion.
Any provision or enactment in the general appropriations bill shall be limited in its operation to the
appropriation to which it relates. (Sec. 25121.)
Procedure in approving appropriations.
The Constitution requires a standard procedure in approving appropriations. The procedure adopted for
approving appropriations for other departments and agencies shall be followed strictly in approving
appropriations for Congress. (Sec. 25[3].) This provides a safeguard against the abuse or misuse by
Congress of its power to appropriate.
Under the 1935 Constitution, the appropriations for both houses of Congress, unlike in the case of the
budgets of other government agencies, were not deliberated upon in open session
Requirements with respect to special appropriations bill.
The Constitution requires that:
(1) It should specify the purpose for which it is intended; and
(2) It should be supported by funds actually available as certified to by the National Treasurer or to be
raised by a corresponding revenue proposal included therein. (Sec. 25[4].)
The restrictions are intended to put an end to the legislative practice under the 1935 Constitution of
passing appropriations bills without the corresponding funds.
Requirement to insure a balanced budget.

The Constitution requires that the level of expenditures must be within the level of the revenues expected
to be raised from existing and proposed revenue measures (Sec. 25[4]; see Art. VII, Sec. 22.) to prevent
deficit spending.
In the old Congress, some members indulged in the practice of introducing or advocating legislation for
additional expenditures (e.g., subsidies, salary increases, etc.) while at the same time opposing measures
that would raise revenues to finance the additional expenditures that they themselves proposed. This
inconsistency is no longer possible under the new Constitution which expressly requires that the
appropriation proposals must be accompanied by certification of actual fund availability or corresponding
revenue-raising measures.
Prohibition against transfer of funds.
The Constitution prohibits the enactment of any law authorizing any transfer of appropriations from one
branch to another. (Sec. 25[5].) The provision is aimed at stopping the practice in the past of giving the
President authority to transfer funds from one department to another or under one appropriation law to
another, which in effect invested him with the legislative power to appropriate, thereby providing a
loophole for violations of the appropriations act. The prohibition plugs this loophole.
However, the President, the Senate President, the Speaker, the Chief Justice of the Supreme Court, and the
heads of the Constitutional Commissions may be authorized by law to augment any item in the general
appropriations law for their respective offices from savings in other items of their respective
appropriations. (Ibid.)
Rule as to discretionary funds.
Congress may appropriate funds (e.g., intelligence funds) for certain operations or activities of the
government to be disbursed at the discretion of particular officials. This is allowed when it is not possible
to determine beforehand when the expenditures have to be made, the exact amounts needed, and the
specific use thereof. Or when, for reasons of national security, such expenditures are classified or forbidden
to be disclosed to the public by law or administrative regulations.
As a safeguard against illegal, unnecessary, and extravagant disbursements, or misappropriations by
officials authorized to spend such funds. The Constitution imposes the following conditions:
(1) The disbursement must be only for public purposes;
(2) It must be supported by appropriate vouchers; and
(3) It must be subject to such guidelines as may be prescribed by law. (Sec. 25[6].)
Automatic reappropriation.
In case of failure of Congress to pass the general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed re-enacted. It shall remain in force and
effect until the general appropriations bill is passed by Congress. (Sec. 25[7].) This provision is not found in
the 1935 Constitution.
It is evident that the consequences of failure, voluntary or otherwise, on the part of Congress to enact a
general appropriations law for the operations of the government are serious; and so the wisdom of a
constitutional provision for the automatic reappropriation of the same amounts appropriated for the
preceding fiscal year is beyond question.
SEC. 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in
the title thereof.
 (3) No bill passed by either House shall become a law unless it has passed three readings on separate
days, and printed copies thereof in its final form have been distributed to its Members three days
before its passage, except when the President certifies to the necessity of its immediate enactment
to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall
be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays
entered in the Journal.

Limitations on the power of Congress.

(1) The legislative power is not without limitations. Such limitations may be classified
ImpliedlSubstantive. They refer to the subject matter of legislation, and they may be:
(a) Implied limitations. They do not arise from any specific provision of the Constitution but are inferred
from the nature and character of our government, such as the prohibitions against the delegation of
the power to make laws and the passage of irrepealable laws;
(b) Specific limitations on general legislative powers. They re- strict the field of legislation in general and
they are mainly found in the Bill of Rights; and

(c) Specific limitations on specific powers. They are scattered in different parts of the Constitution.
Thus, on the power to tax, the rule of taxation must be uniform and equitable; on the power to
appropriate, public funds must not be appropriated to religious purpose; on the power to declare the
existence of a state of war, the concurrence of two- thirds of all the members of Congress must be
obtained, etc.; and
(2) Formal. They refer to the procedural requirements to be com- plied with by Congress in the passage of
bills and the form and content of the same. Examples of such limitations are found in Sections 26 and
27(1).
Prohibition against delegation of legislative powers.
One of the settled maxims of constitutional law is that one department of the government may not delegate to
another department or to any other body the powers entrusted to it by the Constitution. Thus, Congress is
prohibited from delegating its legislative powers. In the absence of this rule, the principle of separation of
powers can hardly exist.
The rule of non-delegability of legislative power, however, is not absolute. It does not apply: (1) where
the delegation is expressly authorized by the Constitution(see Secs. 23[2]. 28[2] supra.); and

(2) where the delegation is made to local governments. (Art. XI, Sec. 5.) This exception is logical for, after
all, municipal corporations are merely instrumentalities of the State for the better administration of the
government in matters of local concern.'
Prohibition against the enactment of irrepealable laws.
(1) Essence of legislative power-Legislative power is the authority to make laws as well as to alter and repeal
them. The continuous making of laws new laws as well as those that amend, alter, or repeal existing ones is the
very essence of legislative power. The legislative prerogative o pass laws cannot be curtailed; otherwise, time
may come when succeeding legislative bodies will have nothing more to do because the entire field of
legislation has been completely exhausted through the enactment of permanent legislation.
(2) Consequences to public welfare if laws irrepealable. Further- more, injurious consequences to the
country would result if legislation passed by the lawmaking body assumes a permanent character. The
policy of the state would become fixed and unchangeable on great national interest in spite of changed
conditions and times. Laws enacted several decades ago for a particular need may no longer be beneficial
today. If they cannot be replaced, they will retard, if not destroy, the public welfare.2
Requirements as to subject and title of bills.
A proposed law is called a bill. The Constitution requires that every bill passed by Congress shall embrace
only one subject which shall be ex pressed in the title thereof. (Sec. 26[1].) The purposes of the
constitutional requirement are:
To prevent hodge-podge or log-rolling legislation;
(2) To prevent surprise or fraud upon the legislature; and
 To fairly apprise the people, through such publications of legisla tive proceedings as is usually made, of the
subjects of legislation that are being considered, in order that they may have opportunity of being heard
thereon by petition or otherwise, if they shall so desire."
Meaning of hodge-podge or log-rolling legislation.
Hodge podge or log-rolling legislation (ie., omnibus bill) refers to any measure containing several subjects on
unrelated matters combined together for the purpose of securing the support of members of the legislature
severally interested in the different subjects of the bills. If these subjects were to be presented in separate bills,
the likelihood is that none of them might obtain a majority vote.Effect of violation of requirement.
The constitutional provision prohibits the passage of two classes of
bills, to wit:
(1) A bill containing provisions (riders) not fairly embraced in its title or related to its subject matter (see
Sec. 25[2].); and
1) A bill which embodies different subjects notwithstanding that all of them are expressed in its
title. In the first case, the bill is valid except the provisions not fairly

Embraced in the title. In the second case. The whole act is void.

Exceptions to the requirement.

It does not apply to:

Local ordinances as they do not partake of the nature of laws but are mere rules provided for the
fulfillment of laws; and

(2) Proper codifications and revisions of statutes. Thus, a law with the title “An Act to Ordain and Institute
the Civil Code of the Philippines” or with the title “An Act Amending the Civil Code of the Philippines” is
valid although it may contain hundreds of different matters, for the very de- nomination “Code” is
sufficient to put the members of the legislature and the people on their guard.”

Steps in the passage of a bill.

First Reading. Any member of either House may present a – proposed bill (see Sec. 24.1, signed by him,
for First Reading and reference to the proper committee. The bill is filed with the Office of the Secretary
where it is given a corresponding number and calendared for first reading. During the First Reading, the
principal author of the bill may propose the inclusion of additional authors thereof. The bill is read by
its number and title and the name/names of the author or authors:

Referral to appropriate committee. Immediately after the First Reading, the bill is referred to the proper
committee or committees for study and consideration. It may conduct hearings and consultation
meetings. It then approves the bill with or without amendments or recommends substitution or
consolidation with similar bills filed. If disapproved in the committee, the bill dies a natural death
unless the House decides otherwise following the submission of the report:

Second Reading. If the committee reports the bill favorably, the bill is forwarded to the Committee on Rules
so that it can be calendared for deliberation on Second Reading. At this stage, the bill is read for the second
time in its entirety together with the amendments, if any, proposed by the committee unless the reading is
dispensed with by a majority vote of the House;

Debates. – A general debate is then opened after the Second Reading and sponsorship speech of the
author of the bill. Amendments may be Proposed by any member of Congress. The insertion of changes or
amendments shall be done in accordance with the rules of either House. The House may either “kill” or
pass the bill. A bill approved on Second Reading shall be included in the calendar of bills for Third Reading;
 (5) Printing and distribution. After approval of the bill on Second Reading, the bill is then ordered
printed in its final form or version and copies of it are distributed among the members of the House
three days before its passage except in case of bills certified by the President (Sec. 26[2].);

(6) Third Reading. At this stage, only the title of the bill is read on the floor: Nominal voting is held.
Upon the last reading of a bill. No amendment thereto is allowed and the vote thereon is taken
immediately thereafter, and yeas and nays entered in the journal. (Ibid.; see Sec. 16[4].) A member may
abstain. As a rule, a majority of the members constituting a quorum is sufficient to pass a bill;

(7) Referral to the other House. If approved, the bill is then referred to the other House where substantially
the same procedure takes place. If the other House approved the bill without changes or amendments, the
final version is signed by the Senate President and the Speaker of the House of Representatives.

(8) Submission to joint bicameral committee. Differences, if any,

Between the House’s bill and the Senate’s amended version, and vice versa Are submitted to a conference
committee of members of both Houses for
Compromise or to reconcile conflicting provisions. If either House accepts
The changes made by the other, no compromise is necessary; and
(9) Submission to the President. A bill approved on Third Reading by both Houses shall be printed and
forthwith transmitted to the President for his action-approval or disapproval that is, he either signs it into
law or vetoes and sends it back with his veto message. If the President does not communicate his veto of
any bill to the House where it originated within 30 days from receipt thereof, it shall become a law as if he
signed it. Bills repassed by Congress over the veto of the President automatically becomes a law. (Sec.
27[1].)
Purpose of provision requiring three readings of bill.
Note that the three readings of a bill must take place on separate days –not in one day. (Sec. 26[2].) The
purpose is to prevent hasty and improvident legislation and the railroading of bills, and to compel the
careful examination of proposed laws or, at least, the affording of the opportunity for that purpose.”
In the past, railroading of bills made possible the adoption of voluminous measures without the benefit of
discussion and public information because, oftentimes, the three readings were done in one single day.
Certification of bills by the President.
The Constitution provides that "no bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have been distributed to the members
three days before its passage."
The exception to the above requirement is "when the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency." (Sec. 2612]. With this provision, a certification may be
issued to a bill only to meet a public calamity or emergency. It aims to put a stop to the practice of members of
the old Congress under the 1935 Constitution to get from the President certification of their bills for political
convenience. This practice made possible the enactment of laws without sufficient debate and the giving of
top priority to insignificant bills over more important ones by the simple fact of Presidential certification.
Purpose of requirement that yeas and nays be entered in the journal.
It is also provided in the Constitution that on the final passage of every bill, the "yeats and nays shall bel
entered in the Journal." (Sec. 26[2].) This means that the roll of Congress shall be called and each member
present and answering to his name shall say "yea" or "nay" on the question of the passage of the bill.
This provision is considered mandatory. It is intended to fix upon each member the responsibility for his action
in legislation, and also to furnish conclusive evidence whether the bill has been passed by the requisite
majority or not."
SEC. 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If
he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to
the House where it originated, which shall enter the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass
the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all
such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members
voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to
the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become
a law as if he had signed it.

(2) The President shall have the power to veto any particular tem or items in an appropriation, revenue, or
tariff bill, but the veto shall not affect the item or items to which he does not object.

Meaning of bill.
A bill is a draft of a law submitted to the consideration of a legislative body for its adoption.
Meaning of statute.
A statute is the written will of the legislature as an organized body expressed according to the form necessary
to constitute it into a law of the state, and rendered authentic by certain prescribed forms and solemnities.
The term "act" is often used in referring to a statute.
How statutes identified.
Statutes passed by the former Congress are, for purposes of formal reference, denominated as acts. They are
identified by their serial numbers (e.g., Republic Act No. 386). Where a special title is supplied for a particular
statute (e.g., "Civil Code of the Philippines"), such title may also be used for identification.
Statutes enacted by the former Batasang Pambansa are also identified
by their serial numbers (e.g., Batas Pambansa Blg. 25).
Formal parts of a law.
The formal parts of a statute (or bill) are the following:
(1) Title. It announces the subject matter of the act. (see Sec. 27111, supra.) Thus, Republic Act No. 386 has for
its title, "An Act to Ordain and Institute the Civil Code of the Philippines." Laws enacted by the former Batasang
Pambansa are entitled in a similar manner. Thus, Batas Pambansa Blg. 25 gives as its title, "An Act Regulating
Rentals of Dwelling Units or of Land on which Another's Dwelling is Located and for Other purposes":
(2) Preamble. It follows the title and precedes the enacting clause. It is a sort of introduction or preface of a
law. The purpose of the preamble is to explain the reasons for the enactment of a law and the objects sought
to be attained. It is not considered part of the substance of the law. The Constitution does not contain any
specific provision requiring the use of a
Preamble in any legislative enactment; (3) Enacting clause. It immediately precedes the body of the statute
and it serves as a formal means of identifying the legislative body that enacts the law. Republic Act No. 386 has
for its enacting clause, “Be it enacted by the Senate and House of Representatives of the Philippines in
Congress Assembled.” In the case of the Batasang Pambansa, the enacting clause is as follows: “Be it enacted
by the Batasang Pambansa, in session assembled.” The Constitution does not also require the use of an
enacting clause in bills enacted into law;
(3) Body. It is that portion containing the proposed law or statute itself; and
(4) Effectivity clause. It is that portion providing for the time when the law shall take effect. A law takes
effect 15 days following the completion of its publication in the Official Gazette (which is the official
publica- tion of the Philippine government) or in a newspaper of general circulation in the Philippines,
unless it is otherwise provided, e.g., a date is fixed for its effectivity.

When bill may become a law.

A bill passed by Congress may become a law in any of the following ways:
(a) When the President approves the bill by signing it;
 (2) When he vetoes the bill and returns the same with his objections to the House where it originated, and
the same is repassed over his veto by a vote of two-thirds of all the members. (not merely two-thirds of
all the members present constituting a quorum) of both Houses; and
(3) If the President does not communicate his veto of any bill to the House where it originated within thirty
(30) days after the date of receipt thereof, in which case it shall become a law as if he had signed it.
(Sec. 27[1].
Only a simple majority of Congress is required, in enacting ordinary Jaws, see Secs. 16:21, 23, 28[4]; Art. VII,
Sec. 21.)
The signature of the President is not necessary to enact a law when the people by virtue of their reserved
powers directly participate in the legislative process by initiative and referendum. (Sec. 32.)
Veto power of the President.
The word veto is the Latin term for “I forbid” or “deny.” It is the power vested in the President to disapprove
acts passed by Congress. The veto message to the House where the bill originated explains his objections to
the bill. (Sec. 27[1].)
Purpose of veto.

Two fundamental reasons have been given to the grant of the veto power to the President. to wit:
To enable the executive department to protect its integrity as an
equal branch of the government and thus maintain an equilibrium of
governmental powers; and (2) To provide a check on hasty, corrupt, or ill-considered legislation."
Pocket veto not allowed.
Under the Constitution, the President does not have the so-called
pocket veto power, i.e., disapproval of a bill by inaction on his part. The
failure of the President to communicate his veto of any bill presented to
him within 30 days after the date of receipt thereof automatically causes the bill to become a law. (Sec. 27[1].)
The rule corrects the Presidential practice under the 1935 Constitution of releasing veto messages long after
he should have acted on the bill. It also avoids uncertainty as to what new laws are in force.
When partial veto allowed.
As a general rule, the President may not veto a bill in part and approve it in part. The exception is provided in
paragraph (2) of Section 27 which grants the President the power to veto any particular item or items in an
appropriation, revenue, or tariff bill. (see Sec. 25.) The veto in such case shall not affect the item or items to
which he does not object.
Without the exception, the entire appropriation or revenue measure
would be nullified simply because the President disapproves even one
particular item therein, and this might adversely affect the operations of
the government if no funds are available or taxes cannot be collected." The item or items vetoed may be
repassed over the veto of the President in the same manner as ordinary bills. The vetoed items shall simply be
not given effect.
Meaning of resolution.
Enactments of the lawmaking body may also be made in the form of resolutions. A resolution has been
defined as a formal expression of opinion, will, or intent by an official body or assembled group."
Use of resolutions.

(1) Resolutions are employed with respect to matters within the exclusive authority of the lawmaking body
and do not, therefore, require the approval of the President for their effectivity. Thus, the rules of
 procedure of a lawmaking body, orders imposing some penalty upon any of its members, or proposals
for constitutional amendments would be embodied in resolutions.

(2) They are also used when a lawmaking body expresses an attitude or opinion. Thus, resolutions would
be proper in expressing condolences on the death of a member or of a high government official, or in
declaring its opinion on important national questions.

(3) Under Section 28(2) (supra.), the power to fix tariff rates, etc. delegated to the President may be
withdrawn by the lawmaking body by means of resolution.

Kinds of resolutions.

A resolution may be:

(1) Simple, if passed by either House for its exclusive use or purpose; (2) concurrent, if passed
independently in one House and ratified by the other in the same manner as a bill; and

(2) Joint, if approved by both Houses meeting in joint session but voting separately (eg, one proposing
amendments to the Constitution). There is no provision in the Constitution requiring the approval by
the
President of any kind of resolution.