Constitutional Law I Reviewer PDF

Allan Pamis [email protected] CONSTITUTIONAL LAW I REVIEWER: November 30, 1972 – PD # 73 “submitting to the Filipino...

Allan Pamis [email protected] CONSTITUTIONAL LAW I REVIEWER: November 30, 1972 – PD # 73 “submitting to the Filipino people for ratification or rejection the Constitution of the Constitution: a written instrument by which the fundamental Republic of the Philippines proposed by the 1971 powers of government are established, limited, and defined, and by Constitutional Convention” which these powers are distributed among several departments, for January 17, 1973 – The President has announced, through their more safe and useful exercise, for the benefit of the body Proclamation number 1102, that the proposed Constitution politic. has been ratified by an overwhelming vote of the members Constitutional Law: a body of rules resulting from the interpretation of the Citizens Assemblies. by a high court of a written constitutional instrument in the course of disposing of cases in which the validity, in relation to the March 31, 1973 – The Supreme Court (divided) ruled that constitutional instrument, of some act of governmental power… the Constitution has now been considered in force and has has been challenged. taken effect. 1976 – the 1973 Constitution ahs been amended to provide Classification of constitutions based on the extent to which for an interim Batasang Pambansa to replace the interim constitutions are observed as norms of governmental action: national assembly 1. normative constitution – its norms direct governmental 1981 – Constitution was revised to a modified version of action, and governments habitually adjusts its actions to the presidentialism norms. February 1986 – has ended the 1973 Constitution through a revolution. Cory is now president which is in defiance of the 2. nominal constitution – it is a constitution which cannot yet 1973 Constitution be fully operative because of existing socio-economic conditions. It’s principal value is educational which points March 25, 1986 – Proclamation number 3 – Freedom towards the mature state to which a fledging polity must Constitution grow. June 2, 1986 – a new constitutional commission convened and has completed its work on October 15, 1986 3. semantic constitution – The primary purpose of a constitution is to limit power and the semantic constitution February 2, 1986 – approved by a plebiscite and the 1987 does the opposite. It is a tool for the perpetuation of power Constitution has been approved and it has taken effect the in the hands of power holders. same day. Three Parts of a Constitutional Document: PREAMBLE We, the sovereign Filipino people, 1. constitution of government – provisions which set up the imploring the aid of Almighty God, governmental structure in order to build a just and humane society, 2. constitution of liberty – provisions which guarantee and establish a Government that shall embody our ideals individual fundamental liberties against governmental abuse and aspirations, 3. constitution of sovereignty – provisions which outline the promote the common good, process whereby the sovereign people may change the conserve and develop our patrimony, constitution and secure to ourselves and our posterity, the blessings of independence and democracy Historical Notes: under the rule of law and a regime of truth, June 1, 1971 – 1971 constitutional convention began justice, freedom, love, equality, and peace, September 21, 1972 – Martial Law was imposed on the do ordain and promulgate this Constitution. whole Philippines. Despite this, the constitutional convention still continued with their task 1 Allan Pamis [email protected] Function: it sets down the origin, scope, and purpose of the over which the Philippines has sovereignty or jurisdiction, Constitution, it is useful as an aid in ascertaining the meaning of consisting of its terrestrial, fluvial, and aerial domains, including its ambiguous provisions in the body of the constitution. It is a source territorial sea, the seabed, the subsoil, the insular shelves, and of light. other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their Origin / authorship: the will of the “sovereign Filipino people” breadth and dimensions, form part of the internal waters of the Philippines. Scope and purpose: to build a just and humane society and to establish a government that shall embody our ideals and Importance of defining territory: aspirations, promote the common good, conserve and develop our 1935: To prevent the United States from dismembering patrimony, and secure to ourselves and our posterity the blessings the Philippines. The acceptance of the Constitution by of independence and democracy under the rule of law and a regime the US President would oblige his government to of truth, justice, freedom, love, equality, and peace. preserve the territorial integrity of the Philippines as defined in the constitution. Use of words: 1973: Adherence to the archipelagic principle a. We – first person; stresses the active and sovereign role of the 1986: Educational value; apprehension that absence of Filipino people as author of the Constitution. In the 1935 this provision would be difficult to explain. constitution, “the Filipino people” was used denoting that another power was merely announcing that the Filipinos were finally being Constitution is municipal law and binds only the nation allowed to promulgate a constitution. promulgating it. Will not be binding internationally unless b. Almighty God – more personal and more consonant with supported by international law. personalist Filipino religiosity c. common good – projects the idea of a social order that enables Scope of national territory: every citizen to attain his or her fullest development economically, Archipelago politically, culturally, and spiritually. Versus “general welfare” All other territories over which the Phils has sovereignty because it denotes the greatest good for the greatest number or jurisdiction d. equality – major problem in the RP society if the prevalence of Territorial sea, seabed, subsoil, and other submarine gross economic and political inequalities areas of (1) and (2) e. love – as a monument to the love that prevented bloodshed in the February revolution Terrestrial, fluvial and aerial domains of (1) and (2) f. truth – as a protest against the deception which characterized the Marcos regime What: Archipelago is a body of water studded with islands. g. peace – the fruit of the convergence of truth, justice, freedom, and love. Where: Philippine archipelago delineated by Treaty of Paris h. rule of law – expresses the concept that government officials (as modified by Treaty of Washington and Treaty with Great have only the authority given them by law and defined by law, and Britain) that such authority continues only with the consent of the people. All other territories includes any territory which presently belongs to the Phils or might in the future belong to the ARTICLE I Phils through any of the internationally accepted modes of National Territory acquiring territory. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories 2 Allan Pamis [email protected] Exercising jurisdiction refers to Batanes Islands, which lies Section 1. The Philippines is a democratic and republican outside lines drawn by Treaty of Paris. This also includes State. Sovereignty resides in the people and all government Sabah, Marianas, Freedomland. authority emanates from them. Neither claims nor disregards Sabah, but asserts a legal State: Community of persons more or less numerous, permanently situation in which Sabah can have a place in Phil territory occupying a definite portion of territory, independent of external depending on outcome of current dispute. control, and possession an organized government to which the great body of inhabitants render habitual obedience. Elements of Archipelagic principle: Claim on internal waters irrespective of breadth and 4 elements of a state: dimension PEOPLE: community of persons sufficient in number and Straight baseline method of delineating territorial sea capable of maintaining the continued existence of the community and held together by a common bond of law Conflict between UNCLOS and Consti: TERRITORY What Consti calls Internal Waters are archipelagic SOVEREIGNTY: property of a state-force due to which it has the waters in UNCLOS. No right of innocent passage exclusive capacity of legal self-determination and self- through internal waters. restriction (Jellinek). Legal sovereignty is the supreme power to UNCLOS limits straight baselines to 125 nautical miles. make law which is lodged in the people. Political sovereignty is Some of the lines drawn by Republic Acts extend beyond the sum total of all the influences in a state, legal and non- 125 mi. legal, which determine the course of law. When RP ratified UNCLOS, it added a declaration that the GOVERNMENT: that institution by which an independent society signing shall not impair sovereign rights arising from the makes and carries out those rules of action which are necessary Constitution. to enable men to live in a social state, which are imposed upon the people forming the society by those who possess the power or authority of prescribing them. Includes legislative, executive ARTICLE II and judicial branches and local governments but excludes Declaration of Principles and State Policies government entities which are given a corporate personality separate and distinct from the government. Statement of the basic ideological principles and policies that underlie the constitution. Provisions shed light on the meaning of State (legal concept) and Nation (ethnic concept) used other provisions of the Constitution. Guide for all departments of interchangeably government in the implementation of the Constitution. Principles: binding rules that must be observed in the conduct Republican state: all government authority emanates from the of government people and is exercised by representatives chosen by the people. Policies: guidelines for the orientation of the state. distinction is of little significance because not all principles are Democratic state: reference to aspects of direct democracy such as self-executory and some of the policies already anchor justiciable initiative and referendum. Also a monument to 1986 revolution that rights. re-won freedom through direct action of the people. Marcos’ Constitutional Authoritarianism: assumption of Principles extraordinary powers by the President authorized by the legitimately enacted Constitution. 3 Allan Pamis [email protected] Nature and Functions of Government: Administration: distinguished from government, is defined as the Constituent: compulsory functions which constitute the very bonds aggregate of persons in shoes hands the reins of government are of society. for the time being. (1) Keeping of order and providing for the protection of persons and property from violence and robbery Sovereignty: (2) Fixing of the legal relations between man and wife and between People vs. Gozo parents and children Issue: WoN a building permit is needed to construct a house inside (3) Regulation of property and determination of its liabilities for an American base debt or for crime Held: Permit is necessary. RP has not abdicated sovereignty over (4) Definition and punishment of crime the bases or divested itself completely of all jurisdiction over (5) Administration of justice in civil cases offenses committed therein. US government has preferential or (6) Determination of political duties, privileges, and relations of prior but not exclusive jurisdiction. citizens (7) Dealings of the state with foreign powers. Governments de jure and de facto (8) Dealings of the state with foreign powers; the preservation of Co Kim Cham vs. Valdez Tan Keh the state from external dandier or encroachment and the All acts and proceedings of the legislative, executive and judicial advancement of its international interest. departments of a de facto government are good and valid. Ministrant: optional functions of government intended for achieving a better life for the community. The determination of whether or Issue: WoN governments established during the Japanese military not a government should exercise certain of these functions are: occupations were de facto governments. (1) That a government should do for the public welfare those things which private capital would not naturally undertake Held: Actions not of a political complexion were good and valid and (2) That a government should do those things which by its very by postliminy remained good and valid after liberation. nature it is better equipped to administer for the public welfare than is any private individual or group of individuals. Kinds of de facto governments: Bacani vs. NACOCO (1) Government that gets possession and control of, or usurps, by Issue: Whether NACOCO was part of the government or not force or by the voice of the majority, the rightful legal Held: Because NACOCO was a corporation with personality distinct government, and maintains itself against the will of the latter from the government, it was clearly not part of the government and (England under Commonwealth) could not therefore claim the privileges that flow from sovereignty. (2) Established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which ACCFA vs. CUGCO is denominated a government of paramount force (Maine, Issue: characterization of the functions of a government agency Tampico Mexico) charged with implementation of the land reform program. (3) Established as an independent government by the inhabitants Held: Function may not strictly be constituent, but the compelling of a country who rise in insurrection against a parent state urgency with which the Constitution speaks of social justice does (Southern Confederacy) not leave any doubt that land reform in not an optional but a compulsory function of government In re Letter of Associate Justice Puno Ratio: Enumeration of specific government functions under these Cory government under Freedom Constitution: DE JURE because it headings cannot be static. Enumeration is unrealistic for current was established by authority of the legitimate sovereign, the times. people Republic vs. Sandiganbayan 4 Allan Pamis [email protected] Cory government was a revolutionary government bound by no (1) Existence of representative or parliamentary institutions constitution or legal limitations except treaty obligations that the in a state does not mean that government is of the revolutionary government, as the DE JURE government in the parliamentary form Philippines, assumed under international law. (2) Parliamentary government is not identical with cabinet government Patterns of Government (3) To be qualified as parliamentary, the governmental (1) Direct democracy: If the people, organized as the electorate, structure must possess certain features common to all are the preponderant power holder its variants and not found in any other pattern of (2) Assembly government: Parliament, as the representation of the government. people, is the ascendant power holder Attempt to establish between two independent and separate (3) Parliamentarism: Equilibrium between the independent power power holders (assembly and government) such an equilibrium holders, parliament and government, is attempted by that neither one can gain ascendancy over the other. integrating the latter into the former. Interdependence by 2 power holders share in policy decision and policy execution by integration. legislation. Also in policy control by reciprocal constraints and French type: Supremacy of assembly over mutual controls government Ideal type is complete equilibrium between the 2, subject to British type: Ascendancy of cabinet over parliament periodical political reorientation by the verdict of the electorate, (4) Presidentialism: government and parliament are kept separated each of them endowed with restraining and controlling powers but are constitutionally obliged to corporate for the formation of symmetrically matching those of the other power holder. the will of the state. Interdependence by coordination. Also Structural elements common to all variants of genuine known as “separation of powers” parliamentary government: (5) Directory government: Collegiate structure of the government (1) Members of government or cabinet are simultaneously power holder. (Swiss) members of the parliament (2) Government or cabinet consists of the political leaders of Assembly Government the majority party or coalition. Cabinet is a committee Most discredited because when it made its first appearance in of the assembly, fused and integrated with it. revolutionary France it was held responsible for dictatorship and (3) Government-cabinet has pyramidal structure with prime terror minister as recognized leader. Prime minister exercises Standard pattern of Communist government undisputed supremacy over his ministerial colleagues Legislative assembly, popularly elected, holds undisputed (4) Government remains in power as long as it commands supremacy over all other state organs, subject only to the the support of the majority of parliament. Power is lost sovereign electorate renewing it at regularly recurrent intervals. by withdrawal of support or results of elections changing Executive is servant of the assembly, appointed and dismissed majority party. at the assembly’s discretion. (5) Policy decision is shared by government and the Autonomy and power monopoly of assembly parliament. (6) Crux is in policy control: Parliamnetarism must be Parliamnetarism (French model) operated by reciprocal control devices at the disposal of Most common pattern of constitutional-democratic government both power holders. (Dissolution and vote of non- today. confidence) Generic term with widely divergent applications; 3 points to be Cabinet government (English Model) noted Undisputed ascendancy of the government (PM and Cabinet) over the parliament. 5 Allan Pamis [email protected] Main features: (2) Right of a country to establish military commissions to (1) Predicated on existence of 2 alternating parties try war criminals possession even chances in the long run of becoming (3) Vienna Convention on Road Signs and Signals the majority party at the general elections. No (4) Duty to protect embassies and legations proportional representation, population shifts are remedied by a periodical redistribution of seats. Affirmation of amity does not mean automatic diplomatic (2) Cabinet is a relatively small committee, composed of he recognition of all nations. Amity with all nations is an ideal to be leaders of the majority party. All must be members of aimed at. Diplomatic recognition remains a matter of executive parliament discretion. (3) Official leader of the majority winning the general elections is prime minister designate who chooses Principles of international law vs Statute members of cabinet at his discretion. Monopolizes policy Whichever is passed later prevails determination. International law has same weight as statute (4) Parliament is granted degree of participation in the policy execution by legislation that the prevailing political climate demands. Section 3. Civilian authority is, at all times, supreme over (5) Policy control is vested in parliament and electorate. the military. The Armed Forces of the Philippines is the (Question time) protector of the people and the State. Its goal is to secure (6) Party discipline is key the sovereignty of the State and the integrity of the national territory. Presidentialism Separation of functions/ Separated and coordinated Civilian supremacy clause: civilian authority is supreme functions Mark of sovereignty clause: Military as guardian of the people, integrity of the national territory and ultimately of the majesty Free Telephone Workers Union vs. Minister of Labor of the law. FM’s government under the 1973 Consti had distinguishing marks Expression of disapproval of military abuses of presidential form: Section 3 is capsule description of the vocation of a soldier (1) Separation of powers (2) Preeminence of the President over Prime Minister Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the Section 2. The Philippines renounces war as an instrument people to defend the State and, in the fulfillment thereof, of national policy, adopts the generally accepted principles all citizens may be required, under conditions provided by of international law as part of the law of the land and law, to render personal military or civil service. adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Defense of state is no longer prime duty of government. Provisions in 1935 and 1973 led to interpretations that Renounces aggressive not defensive war justified a national security state offensive to the people Present version places emphasis on service to and protection Adoption of generally accepted principles depends on of the people jurisprudential development (1) Right of an alien to be released on bail while awaiting Under conditions provided by law emphasizes primacy of deportation when his failure to leave the country is due serving the interest of the people and protecting their rights to the fact that no country will accept him even when there is need to defend the state. 6 Allan Pamis [email protected] independence of the nation and free the people from Section 5. The maintenance of peace and order, the poverty through policies that provide adequate social protection of life, liberty, and property, and the promotion services, promote full employment, a rising standard of of the general welfare are essential for the enjoyment by all living, and an improved quality of life for all. the people of the blessings of democracy. Section 10. The State shall promote social justice in all Refers to the constituent function of government phases of national development. Section 6. The separation of Church and State shall be Underlying premises: poverty and gross inequality are major inviolable. problems besetting the nation and that these problems assault the dignity of the human person Social justice: equalization of political, economic and social State Policies opportunities with emphasis on the duty of the state to tilt the balance of social forces by favoring the disadvantaged in life. State policies are not laws, but exhortations on government. 1935: justice for the common tao; 1973: those who have more in life should have more in law Section 7. The State shall pursue an independent foreign Provision has been instrumental in the socialization of the policy. In its relations with other states the paramount attitude of jurisprudence to property rights, thus eradicating consideration shall be national sovereignty, territorial laissez faire. integrity, national interest, and the right to self- determination. Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Section 12. The State recognizes the sanctity of family life Independent foreign policy; paramount consideration to and shall protect and strengthen the family as a basic (1) National sovereignty autonomous social institution. It shall equally protect the (2) Territorial integrity life of the mother and the life of the unborn from (3) National Iterest conception. The natural and primary right and duty of (4) Self-determination parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the Section 8. The Philippines, consistent with the national support of the Government. interest, adopts and pursues a policy of freedom from Not a prohibition of divorce nuclear weapons in its territory. Family: stable heterosexual relationship Protects family from instrumentalization by the state Freedom from nuclear weapons includes prohibition not only Unborn of the possession, control, manufacture of nuclear weapons o Not an assertion that the unborn is a legal person but also nuclear arms tests o Not an assertion that the life of the unborn is placed Not an absolute prohibition, but any exception must be exactly on the level of the life of the mother. justified by the demands of national interest o Overriding purpose is to prevent the State form Does not prohibit peaceful uses of nuclear energy adopting the doctrine in Roe vs. Wade Respect for life harmonizes with the abolition of the death Section 9. The State shall promote a just and dynamic penalty and the ban on nuclear weapons social order that will ensure the prosperity and 7 Allan Pamis [email protected] Section 13. The State recognizes the vital role of the youth patriotism and nationalism, accelerate social progress, and in nation-building and shall promote and protect their promote total human liberation and development. physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, Section 18. The State affirms labor as a primary social and encourage their involvement in public and civic affairs. economic force. It shall protect the rights of workers and promote their welfare. Education: primary and natural right belongs to the parents. State has secondary and supporting role. Labor has primacy over the non-human factors of production Section 14. The State recognizes the role of women in Section 19. The State shall develop a self-reliant and nation-building, and shall ensure the fundamental equality independent national economy effectively controlled by before the law of women and men. Filipinos. Does not repeal inequalities found in the Civil Code and Guide to interpreting provisions on the national economy and jurisprudence patrimony. Any doubt must be resolved in favor of self- Gives impetus to removal through statutes of existing reliance and independence and in favor of Filipinos inequalities General idea is for the law to ignore sex when it is not a Garcia vs. BOI relevant factor in determining rights and duties Issue: Approval of transfer of site of petrochemical plant from Not meant to ignore customs and traditions Bataan to Batangas Held: Overturned transfer and declared petrochemical industry Section 15. The State shall protect and promote the right essential to national interest to health of the people and instill health consciousness among them. Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and Section 16. The State shall protect and advance the right provides incentives to needed investments. of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Marine Radio Communications Association vs. Reyes Sec. 20 is no more that an acknowledgement of he importance of Provides an enforceable right private initiative in building the nation. Not a call of official abdication of duty to citizenry. Oposa vs. Factoran Recognized Sec. 16 as conferring standing on minors to challenge Section 21. The State shall promote comprehensive rural the logging policies of the government development and agrarian reform. Accepted concepts of inter-generational responsibility and justice Comprehensive rural development encompasses a broad spectrum LLDA vs. Court of Appeals of social, economic, human, cultural, political and even industrial Upheld authority of LLDA to protect he inhabitants of the Laguna development. Lake area from pollution. Rejected local autonomy claim of local governments in the area. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national Section 17. The State shall give priority to education, unity and development. science and technology, arts, culture, and sports to foster 8 Allan Pamis [email protected] Section 23. The State shall encourage non-governmental, 3. careful study of legislation community- based, or sectoral organizations that promote 4. more independent of Executive branch the welfare of the nation. Advantages of unicameralism: Section 24. The State recognizes the vital role of communication 1. simple and economic and information in nation-building. 2. closer link to public because all members have a district Section 25. The State shall ensure the autonomy of local >Bicameralism won over unicameralism by 1 vote in the governments. Convention Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political Original legislative power: possessed by the sovereign people dynasties as may be defined by law. Derivative legislative power: delegated to legislative bodies, subordinate to the original power of the people. Purpose is to give substance to the desire for the equalization of political opportunities Constituent: power to amend or revise the Constitution Definition of political dynasties left to legislature Ordinary: power to pass ordinary laws Section 27. The State shall maintain honesty and integrity Limits on Legislative power: in the public service and take positive and effective Substantive: limit contents of a law measures against graft and corruption. Procedural: limit manner of passing laws Section 28. Subject to reasonable conditions prescribed by >Plenary: Congress may legislate on any subject matter provided law, the State adopts and implements a policy of full public that substantive and procedural limits in the Constitution are disclosure of all its transactions involving public interest. observed >Congress may not pass irrepealable laws because this will limit ARTICLE 6: LEGISLATIVE DEPARTMENT the plenary power of future legislatures. Section 1: Legislative power >Due to plenary power, legislative power cannot be delegated. Legislative power is vested in the Congress of the Philippines Despite non-delegatability of legislative power, many statutes have Consisting of a Senate and a House of Representatives been passed creating administrative agencies and authorizing Except to the extent reserved to the People through them to exercise vast regulatory powers. The rules and regulations initiative and referendum they issue have the force of law. 2 theories that justify this: Legislative power is the authority to make laws and to alter or 1. A non-legislative body may be authorized to fill in the details repeal them. of a statute. 2. Congress may pass contingent legislation, which leaves to Advantages of bicameralism: another body the business of ascertaining the facts 1. senate as training ground for national leaders necessary to bring the law into actual operation. 2. senate has national perspective, house has municipal perspective Requirements of delegating law: 9 Allan Pamis [email protected] 1. Law must be complete in itself (contain policy to be Free Telephone Workers Union v. Minister of Labor implemented) Issue: Does authority conferred on Minister of Labor partake of 2. Law must fix a sufficient standard for to which the delegate legislative power? (authority to assume jurisdiction over labor must conform to. disputes and decide on them) Held: No. SC had more liberal approach to interpretation of non- Compania General de Tabacos de Filipinas v. Board of delegatablity of legislative power. Power should be delegated when Public Utility Commissioners task cannot be performed by legislature because issues are highly “The true distinction is between the delegation of power to make technical or require continuous decision. the law, which necessarily involves a discretion as to what it shall be, and conferring authority or discretion as to its execution, to be Cebu Oxygen & Acetylene Co v. Secretary Drilon exercised under and in pursuance of a law. The first cannot be Issue: Can implementing orders of the DOLE provide for done; to the latter no valid objection can be made. prohibitions not included in the law it is implementing? Held: Administrative regulations should be in harmony with the Tatad v. Secretary of Energy provisions of the law, and cannot amend or add to the law. Issue: Is delegation of legislative power to the President and Secretary of Energy valid? Did Congress provide a determinate or People v. Dacuycuy determinable standard to guide the Executive branch in Issue: Can a judge impose a punishment if law does not provide a determining when to implement the full deregulation of the standard (law provided for an fixed fine or imprisonment as downstream oil industry? penalty. No term for imprisonment was stated) Held: YES. Oil deregulation law passed both the completeness and Held: NO. The penalty of imprisonment in this case is sufficient standard tests. Delegation of legislative power has unconstitutional because the lack of a standard allows the judge to become an inevitability in the light of the increasing complexity of legislate. the task of government. Thus, courts will bend as far back as possible to sustain the constitutionality of laws which are assailed Chiongbian v. Orbos as unduly delegating legislative powers. Issue: May the President merge existing regions not included in the ARMM Act? Eastern Shipping Lines v POEA Held: YES. The President is granted these powers by other laws, Issue: Does POEA resolution violate non-delegatablity of legislative within limits set by Congress. power? Held: NO. Administrative bodies may implement the broad policies Employees Confederation v. National Wages Commission of a statute by issuing supplementary and implementing Issue: Is NWC allowed to fix minimum wage? regulations as long as the law provides a sufficient standard. There Held: YES. Congress delegated this power to the NWC, within the is a valid delegation of power if the law passes the completeness limits set by law and the Constitution. test and the sufficient standard test. Solicitor General v. Metro Manila Authority Tablarin v Gutierrez Issue: Can MMA confiscate license plates, if this was not one of the Issue: Does standard have to be written as part of the law? sanctions included in the law? Held: Standard may be expressed or implied from policy and Held: NO. The MMA cannot impose sanctions that the law does not purpose of the act considered as a whole. allow and in fact actually prohibits. Penal rules: 10 Allan Pamis [email protected] Rules and regulations promulgated by administrative agencies Section 3: Qualifications pursuant to a valid delegating law have the force of law and Natural born citizen violation may be punished as a penal offense. 35 years old on the day of the election Necessary that violation be made a crime and penalty provided by Able to read and write the statute itself. Regulation must also be published. Registered voter Resident of the Philippines for not less than 2 years Exceptions: immediately preceding the day of the election 1. Local legislatures may be given executive power and vv. 2. Congress may delegate legislative power to the President in Age qualification must be possessed on the day the votes are cast, times of war and other national emergency. and not on the day of proclamation. 3. Legislative power exercised by the people through initiative Residence refers to domicile. Senator does not have to be and referendum physically present in the Philippines. Section 4: Term of office Initiative and referendum 6 years to commence, unless otherwise provided by law, at People can directly propose or enact laws noon on the June 30. Approve or reject any law passed by Congress or local legislative No senator can serve for more than 2 consecutive terms. body Voluntary renunciation of the office is not considered an interruption to the full term. >Purpose is to institutionalize “people power” >Provides a means which can be used if legislature is indifferent to A senator can run again 3 years after his second term has expired. the needs of the people Tenure is length of actual service in office. Term is length of service to which a senator is elected. Garcia v Comelec Issue: Can a resolution be the subject of a referendum? (People wanted to reject resolution agreeing that Morong be included in Section 5: House of Representatives the SBMA) (1) 250 members, unless otherwise fixed by law Held: Any act, law or part thereof passed by Congress or local Elected from legislative districts legislative body may be the subject of a referendum. apportioned among the provinces, cities and the Metro Manila area in accordance with the number of their respective Section 2: Senate inhabitants Senate is composed of 24 members on the basis of a uniform and progressive ratio Elected at large by the qualified voters of the Philippines As may be provided by law And those who, as provided by law Are elected through the party list system Number of members of the senate may be increased or decreased Of registered National, Regional and Sectoral parties or only by constitutional amendment. Organizations “As may be provided by law” refers to the manner of electing (2) Party list representatives Senators. 20% of the total number of representatives including those under the party list 11 Allan Pamis [email protected] For 3 terms after the ratification of the Constitution, half of Mariano Jr v. COMELEC these seats will be filled, as provided by law, by selection or Issue: Is law that created Makati City unconstitutional because it election from the labor, peasant, urban poor, indigenous increased Makati’s legislative districts even if total population is cultural communities, women, youth, and other sectors as only 450,000? may be provided by law, except for the religious sector. Held: Cities with a population of 250,000 can have at least 1 representative. (3) Each legislative district shall comprise, as far as practical, Montejo v COMELEC contiguous, compact, and adjacent territory. Issue: Can COMELEC move municipalities from one district to Each city with a population of at least 250,000 and each another? province shall have at least 1 representative Held: NO. By the Ordinance appended to the 1987 Constitution, COMELEC has the power to make minor adjustments to the (4) Within 3 years following the return of every census, reapportionment of districts. COMELEC may adjust the members Congress will reapportion legislative districts based on the apportioned to a province out of which a new one was created. It standards provided in this section. cannot transfer one municipality from the district it is located in. 3 kinds of Congressmen: Party list representatives 1. District With 250 members of Congress, 200 will be district representatives 2. Party list and 50 party list representatives. 3. Sectoral (only for 3 terms after ratification of Constitution) RA 7941 parameters Apportionment: underlying principle is the concept of equality of 1. 20% allocation representation which is a basic principle of republicanism. One 2. 2% threshold man’s vote should carry as much weight as the vote of every other 3. 3-seat limit per party man. 4. proportional representation (additional seats in proportion to their total number of votes) NO Gerrymandering: creation of representative districts out of separate portions of territory in order to favor a candidate Veterans Federation Party, et al v. COMELEC 20% allocation: Not all seats must be filled (limit on maximum) Courts have jurisdiction over apportionment to ensure that it 2% threshold: guarantees winners have sufficient number of observes constitutional mandate. constituents deserving representation 3-seat limit: absolute Tobias v. Abalos Method of allocating additional seats: Congress is vested with the Issue: Is creation of new representative district constitutional? power to define the mechanics of the party list system. (creation of Mandaluyong city; municipality of San Juan became a separate district) Ang Bagong Bayani, et al v. COMELEC Held: YES. By the law creating the highly urbanized city of Issue: Can political parties participate in the party-list election? Mandaluyong, both Manda and San Juan were recognized as Held: YES if it represents a marginalized sector. Intent of the law is separate representative districts even if no census was made. not to allow all associations to participate indiscriminately, but to Present limit of 250 members of HRep is not absolute. limit participation to organizations representing the marginalized Reapportionment of legislative districts may be made by a special and underprivileged. Even the nominees must comply with this law, such as the charter of a new city. requirement. All 50 seats are reserved for the marginalized sectors, not just for 3 terms but forever. 12 Allan Pamis [email protected] Section 6: Qualifications Romualdez-Marcos v. COMELEC Natural-born citizen of the Philippines Issue: Did Imelda satisfy residence requirement to run for 25 years old on day of election representative of the First District of Leyte? Able to read and write Held: YES. Leyte had been her domicile of origin and that in all her Registered voter in the district life she had never lost it. Resident of the district for not less than 1 year before the If a person retains his domicile of origin, 1 year period is irrelevant election because, by legal fiction, (wherever he may be) he is a resident of (Party list representatives exempt form residency his domicile of origin. requirement) If a person re-establishes a previously abandoned domicile or acquires a new one, the 1 year requirement must be satisfied. Natural-born citizen: those who are citizens of the Philippines from birth without having Aquino v. COMELEC to perform any act to acquire or perfect their Philippine citizenship. Issue: Did Aquino acquire new domicile in Makati? Held: NO. Aquino had not abandoned his Tarlac domicle. Even if Co v. HRET he had, he had not fulfilled the 1 year requirement for Makati. Issue: Is Co a natural-born citizen? (Mom was Filipino, Dad Chinese who gained Filipino citizenship when Co was 9 years old) Domino v COMELEC Held: YES. Based on the Constitution, children of Filipino mothers Issue: Did Domino acquire new domicile in Sarangani? who elect Filipino citizenship shall be deemed natural-born. Held: NO. Lease of house and 1 year residency not sufficient. To establish a new domicile of choice, personal presence must be Bengzon v. Cruz coupled with conduct indicative of htat intention. Declared and A Natural-born citizen who loses his citizenship by naturalization in probable intent to make it one’s home. Lease contract did not show another country but is later repatriated recovers his status of being permanency. Also, he registered as a voter in his old barangay in a natural-born citizen and therefore is qualified to be a member of QC. Congress. Residence Qualifications: Section 7: Term of office 3 years which will begin, unless otherwise provided by law, Gallego v. Verra at noon on June 30 after the election Residence is DOMICILE: 3 consecutive term maximum 1. intention to reside in a fixed place Voluntary renunciation of the office is not considered an 2. personal presence in that place and conduct indicative of interruption to the full term such intention To acquire a domicile by choice: 1. residence or bodily presence in new locality Dimaporo v. Mitra 2. intention to remain there Issue: Can the term of a Congressman be shortened? 3. intention to abandon the old domicile Held: Tenure, not term, is shortened based on the Omnibus animus non revertendi and animus manendi Election code which provided that any elective official, whether The meaning of residence as found in the election law under the national or local, running for any office other than the one he is 1935 Constitution has been retained. holding (except for the President and Vice President) shall be Intent of the law in fixing a residence qualification is to exclude a considered ipso facto resigned from his office upon the filing of his stranger or newcomer. certificate of candidacy. 13 Allan Pamis [email protected] Dimaporo’s tenure was shortened based on his filing of candidacy Office and travel allowances do not form part of the salary or for the position of Governor of the ARMM. compensation; increases can take effect immediately. There is no SC held the law seeks to ensure that public officials serve out their legal limit to these amounts. The only limit is moral. term by discouraging them from running for another office. Section 11: Section 8: Election While Congress is in session, Unless otherwise provided by law, the regular election of A senator or congressman is immune from arrest for all the Senators and the Members of the House of offenses punishable by not more than 6 years Representatives is on the second Monday of May. imprisonment. No member can be questioned or held liable in any other place Codilla v. De Venecia For any speech or debate in the Congress or in any of its When the majority speaks and elects into office a candidate by committees giving him the highest number of votes cast in the election for the office, no one can be declared elected in his place. Recess: only at the end of session or long holidays Evenings and weekends not counted as recess Section 9: Special Election In case of vacancy in the Senate or in the House of Immunity from arrest is to protect legislator from harassment that Representatives, will keep him away from legislative sessions. A special election may be called to fill such a vacancy in the manner prescribed by law People v. Jalosjos Person thus elected will serve only for the unexpired term Members of Congress are not exempt from detention for crime. They may be arrested for crimes punishable by more than 6 years Tolentino v COMELEC imprisonment, even while Congress is in session. There is no basis Issue: Validity of special election to elect a Senator to serve the for treating them differently from other prisoners. unexpired term of Sec. Guingona? Held: Special election is valid based on RA 6645 “In case a vacancy Privilege of speech arises in the Senate at least 18 months OR in the House of Representatives at least 1 year before the next regular election for Protection against forums other than Congress itself. Members of Congress, the COMELEC, upon receipt of a resolution of Members still subject to disciplinary measures of Congress. the House/Senate certifying that the vacancy exists and calling for Absolute protection against suits for libel a special election, shall hold a special election to fill such vacancy” Includes utterances made in the performance of official functions. Section 10: Salaries and Compensation It is not necessary that Congress be in session. What is essential is Salaries of Senators and Members of the House of that the utterance must constitute legislative action. This privilege Representatives is determined by law. extends to agents of the Members, provided that they assist the No increase will take effect until after the expiration of the legislator in the performance of legislative action (Gravel v. US) full term of all the members of the Senate and House of Representatives who approved such increase. Jimenez v Cabangbang This provision is a legal bar to the legislators yielding to the natural Issue: Can a Congressman be charged for libel based on an open temptation to increase their salaries. letter published in newspapers? 14 Allan Pamis [email protected] Held: YES. Communication is not absolutely privileged. granted by the government, agency, subdivision, Congressmen can be charged for acts done outside their official instrumentality including government-owned or controlled duty. corporations, or its subsidiary during his term of office. He should not intervene in any matter before any office of Antonino v. Valencia the government for his pecuniary benefit or where he may Charges made by a Senator with Senate Committees covered by be called upon to act on account of his office. privilege of speech. Puyat v. De Guzman An Assemblyman cannot act as counsel, or intervene in a Section 12: Full disclosure government proceeding by buying shares in the shares in a All members of the Senate and the House of company. Representatives will, upon their assumption of office, make a full disclosure of their financial and business interests. Pecuniary benefit may be direct or indirect, prohibition covers They must notify the house concerned of a potential conflict benefit for relatives. of interest that may arise from the filing of a proposed legislation of which they are authors. Section 15: Sessions of Congress Convene every year on the 4th Monday of July for its regular Does not prevent legislator from filing self-benefiting legislation. session, unless a different date is fixed by law. This only requires him to inform the House of the conflict. Session will continue for such as number of days as it may determine Until 30 days before the opening of its next regular session, Section 13: Other Offices exclusive of Saturdays, Sundays, and legal holidays. No Senator or Member of the House of Representatives may The President may call a special session at any time. hold any other office or employment in the government, or any subdivision, agency or instrumentality thereof, Section 15: Election of Leaders including government owned and controlled corporations or (1)The Senate shall elect its President, and the House of their subsidiaries, Representative its Speaker During his term without forfeiting his seat. By majority vote of all its respective members Neither can he be appointed to any office which may have Each house shall choose such other officers as it may deem been created or the emoluments thereof increased during necessary. his term. (2) A majority of each house shall constitute a quorum to do He may be appointed after his term ends. business He must resign his seat in order to accept another position in but a smaller number may adjourn from day to day government. The house may compel attendance of absent members in the manner and under penalties it may provide. Section 14: Counsel/Financial interest No Senator or Member of the House of Representatives may (3) Each house determines the rules of its proceedings, personally appear as counsel before any court of justice, punishes its members for disorderly conduct, and with the electoral tribunal, quasi-judicial, or other administrative concurrence of 2/3 of all its members, suspend or expel a body. member. A penalty of suspension shall not exceed 60 days. He should not, directly or indirectly, be interested financially in any contract, franchise, special privilege 15 Allan Pamis [email protected] (4) Each house shall keep a journal of its proceedings, and committed a violation of the Constitution or gravely abused their from time to time publish the same discretion in the exercise of their functions and prerogatives” Except such parts that, in its judgment, affect national security. The Yeas and Nays on any question shall, at the request of Internal discipline 1/5 of the members present, be entered into the journal. Each house shall also keep a record of its proceedings. Osmena v Pendatun The house is the judge of what constitutes disorderly behavior and (5) Neither house during the sessions of the congress shall, can subject its members to disciplinary action. without the consent of the other, adjourn for more than 3 days, nor to any other place than that in which the 2 houses Paredes Jr. v Sandiganbayan shall be sitting. Issue: Can the Sandiganbayan order the preventive suspension of a Congressman due to acts committed before his term? Record: verbatim notes of discussion Held: Section 16 only provides immunity for acts committed as a Journal: summary of proceedings member of Congress. Avelino v. Cuenco Journals & Enrolled Bill Initially, SC refused to assume jurisdiction over whether 12 senators could elect a new President (out of 24 senators, 1 was in US v Pons the US and 1 in the hospital). They held that the question was Court may decline to go behind the journals so as not to interfere political in nature. with the legitimate powers and functions of the legislature. Dissents: Moran – question of quorum is a constitutional in nature. With the Arroyo v. De Venecia conflict remaining unsettled, laws passed by Senate would be open Enrolled bill doctrine: The signing of a bill by the Speaker of the H to doubt. and the President of the S and the certification by the secretaries of Tuason -- SC has the power to ascertain whether President is both houses that such bill was passed are conclusive of its due holding office according to law or the Constitution. enactment. Perfecto – Senate must follow Constitution and its own internal rules Casco Philippine Chemical Co v Gimenez Briones – besides justicability, another ground for courts to take Enrolled bill is conclusive upon courts regarding the law passed by cognizance of a case is extreme necessity Congress and approved by the President. This is based on respect In reconsideration of the case, SC decided to assume jurisdiction in due to a coequal and independent department. the light of subsequent events which justify its intervention. They held that the Presidency could not be taken away from Avelino Astorga v. Villegas because the opposition did not constitute a majority, defined as Issue: Attempt to compel Mayor Villegas to comply with RA 4065 more than half. even Congress declared that the wrong bill had been signed into law Santiago v. Guingona Held: SC declared that the law was not duly enacted because both Issue: Definition of minority the President of the Senate and the President withdrew their Held: No law says that the defeated candidate will automatically signatures. become the minority leader. “It is well within the power and jurisdiction of this court to inquire whether the Senate or its officials Purpose of a journal 16 Allan Pamis [email protected] 1. insure publicity to the proceedings of the legislature, ad a to “statutory contests in which the contestant seeks not only to correspondent responsibility of members to their oust the intruder, but also to have himself inducted into office” constitutents In cases where no defeated candidate challenges the winner, the 2. provide proof of what actually happened in the legislature legislative body itself in the exercise of its inherent right of preservation, may inquire into the credentials of the member and Section 17: Electoral Tribunal judge his qualifications. The Senate and the House of Representatives shall each have an Electoral Tribunal Sanchez v. COMELEC Which shall be the sole judge of all contests relating to the Pre-proclamation controversies should be summarily decided, election, returns and qualifications of their respective consistent with the law’s desire that canvass and proclamation be members. as quick as possible. COMELEC has jurisdiction only over Each electoral tribunal shall be composed of 9 members: 3 incomplete returns, returns with material defects, tampered Justices of the SC (to be designated by the CJ) and 6 returns, or returns with discrepancies credited to any candidate members of the House who shall be chosen on the basis of which will affect the results. All other questions should be brought proportional representation from the political parties and before the Electoral Tribunal. the party-list organizations. The senior Justice in the Electoral Tribunal shall be its chairman. Chavez v. COMELEC Identical result as Sanchez v COMELEC. No pre-proclamation Composition reflects the respect for parliamentary sovereignty and controversies were allowed for the election of the President, VP, the need for legal impartial decisions. Senators, and Representatives except in the case of manifest ET only gains jurisdiction over a case when a losing party files an errors in the certificate of canvass or election returns. Errors which election contest, after the proclamation of the winner by the cannot be verified except by opening the ballot boxes are not COMELEC manifest errors. Proper remedy is recourse to the ET. Decisions of the ET subject to SC review only if ET in grave abuse of discretion amounting to lack or excess of jurisdiction. Robles v HRET Judicial review of decisions or final resolutions of the ET is possible Pimentel v. HRET only in the exercise of the Court’s extraordinary jurisdiction. Issue: Can the SC order House to reconfigure the HRET to include representatives from the party-list organizations? Abbas et al v. Senate Electoral Tribunal Held: No. Recourse is with the House. Petition does not show that Issue: Can the Electoral Tribunal function if all the Senator- the House prevented the party-list groups from participating in the members have been disqualified? election of the members of the HRET and the CA. Held: NO. ET cannot function. No amendment of its rules can allow the 3 Justices to decide a case. Angara v Electoral Commission Electoral Commission may promulgate rules necessary for the Sandoval v HRET exercise of its exclusive power to judge all election contests. The Issue: Validity of substituted service of summons Assembly may not interfere with the EC. Held: Summons not valid, Sandoval must be given a chance to The power of the Assembly to defer the oath-taking of a member defend his seat. HRET must admit his counter-affidavit into the has been retained. records. Vera v. Avelino Guerrero v COMELEC EC does not have all the functions of the Assembly on the subject “Qualifications” are not only the ones enumerated in the of election and qualifications of members. Election contest relates Constitution. The HRET has jurisdiction even over the qualifications 17 Allan Pamis [email protected] under the Omnibus Election Code (certificate of candidacy, valid Elected by each house on the basis of proportional substitution) as the sole judge of election contests. representation From the political parties or party-list organizations. Garcia v. Angping Chairman of the Commission shall not vote, except in case HRET procedures must be strictly followed if they are to obtain of a tie. their objective: the speedy and orderly determination of the true CA will act on all appointments submitted to it within 30 will of the electorate. Imperative justice requires the proper session days from their submission. The CA shall rule by a observance of technicalities. majority vote of all its members. Lazatin v. COMELEC CA is a legislative check to the appointing authority of the SC will not take cognizance of COMELEC’s withdrawing of his president. proclamation. The ET remains the sole judge of all election contests after proclamation. Daza v. Singson Issue: Does the situation present a political question? Can the Lazatin v. HRET formation of the LDP affect the composition of the CA? Issue: Application of HRET rules over Omnibus Election Code Rules Held: Not a political question because the issue is one of legality Held: Rule-making power of the ET flows from the general power not wisdom. The constitution does not require that the political granted by the Constitution. Election Code Rules apply only to parties be registered. Constitutional intent is that the CA reflect cases filed before COMELEC. political alignments, and changes in the CA may be made at any time. Bondoc v. Pineda Issue: Can a political party manipulate ET decisions by substituting Coseteng v. Mitra nominees? Issue: Can temporary coalitions be the basis for a seat in the CA? Held: NO. The expulsion of the member impairs the Tribunal’s Held: NO. Temporary coalitions and factions are not political prerogative to be the sole judge of election contests. parties and must be ignored. Lerias v HRET Guingona, Jr. v. Gonzales Issue: Can the ET make a decision contrary to evidence? Issue: Rounding up to obtain more CA seats Held: NO. The ET in doing so is in grave abuse of discretion which Held: Rounding up cannot be done. Neither can small parties form allows the SC to step in and reverse the decision. a unity for purposes of obtaining a seat in the CA. By the SC’s calculations, the result would be that the Senate would only have Arroyo v. HRET 11 members in the CA. SC ruled that full complement of 12 is not Constitutional history demonstrates that the SC has been mandatory. consistent in reviewing decisions and orders of the ET on a showing of grave abuse of discretion. Section 19: Dissent of Padilla: Petitioners allegations of bias and oppression The ET and the CA shall be constituted within 30 days after due to political considerations are outside the authority and duty of the Congress shall have been organized with the election of the SC. This Court should be forever detached from the the President and the Speaker. The CA shall meet only Machiavellian world of politics. when Congress is in session, at the call of its chairman or a majority of its members, to discharge such powers and Section 18: Commission on Appointments functions as are herein conferred upon it. President of the Senate as ex-offico chairman 12 Senators, 12 members of the House of Representative 18 Allan Pamis [email protected] Ad-interim appointments: made before Congress is not in session. Held: NO. Power of local legislatures is delegated. It is beyond the Effective immediately but subject to CA review. jurisdiction of the SP to inquire into the compliance with the Acting appointments: made when Congress is in session. franchise of NORECO II. Appointees are removable anytime. Arnault v. Nazareno >30 day rule is meant to prevent CA from freezing appointments. SC held that the legislative body possessed the contempt power as >Commission must decide by majority vote. Dissent of 1 member a means of preserving its authority and dignity. should not block action. >CA can meet only when Congress is in session. Bengzon, Jr. v. Senate Blue Ribbon Committee Court ruled that the investigation was not in aid of legislation Section 20: because the speech of Sen. Enrile contained no suggestion of The records and books of Congress shall be preserved and contemplated legislation but pointed to the need to determine open to the public in accordance with law, whether President Aquino’s relatives violated the law. To allow the Such books shall be audited by the Commission on Audit investigation to continue would violate separation of powers. which shall publish annually an itemized list of amounts Dissent: paid to and expenses incurred for each member. Gutierrez – SC is encroaching on power of Congress by prohibiting them from exercising a constitutionally vested function. The SC has Petition for mandamus: compel Congress to show records. no power to second-guess the motives of legislators. Section 21: Section 22: The Senate or the House of Representatives or any of its Heads of departments may upon their own initiative, with respective committees the consent of the President, or upon the request of either May conduct inquiries in aid of legislation in accordance House, as the rules of each house shall provide with duly published procedure. The rights of such persons Appear before and be heard by such house on any matter appearing in or affected by such inquiries shall be pertaining to their departments. respected. Written questions shall be submitted to the President or the Speaker at least 3 days before their scheduled Inquiries does not have to be directly related to a bill being filed. appearance. They may or may not lead to legislation. Interpellations shall not be limited to written questions, but may cover matters related thereto. Rights of persons refer to those found in the Bill of Rights, since all When the security of the state or the public interest so governmental action must be exercised subject to constitutional requires and the President so states in writing, the limitations. appearance shall be conducted in executive session. Power to commit a witness for contempt ceases to exist upon Appearance of department heads is voluntary. They cannot be Congress’ final adjournment. compelled to appear; neither may they impose their appearance upon either House. Negros Oriental II Electric Cooperative v. Sangguniang Acts of secretaries presumed to be acts of President.  executive Panlungsod privilege Issue: Can local legislative bodies conduct inquiries in aid of legislation and compel people to appear? Section 23: War & Emergency Powers 19 Allan Pamis [email protected] (1) Congress, by a vote of 2/3 of both houses in joint Only covers increases in the budget of the Executive department. session assembled, voting separately, shall have the sole Congress may increase the budget of the Legislature and Judiciary. power to declare the existence of a state of war. (2) No provision or enactment shall be embraced in the War: armed hostilities between 2 states general appropriations bill unless it relates specifically to After declaration of war, conflict is governed by international law some particular appropriation therein. Any such provision (Geneva Conventions) or enactment shall be limited in its operation to the “The president was bound to meet war in the shape it presented appropriation to which it relates. itself, without waiting for Congress to baptize it with a name; and no name given to it by him or them could change the fact” Rider: provision unrelated to the appropriations bill. (2) In times of war or other national emergency, Congress (3) The procedure in approving appropriations for Congress may by law authorize the President for a limited period and shall strictly follow the procedure for approving subject to such restrictions as it may prescribe, to exercise appropriations for other departments and agencies. powers necessary and proper to carry out a declared national policy. (4) A special appropriations bill shall specify the purpose Unless sooner withdrawn by resolution of congress, such for which it is intended, and shall be supported by funds power shall cease upon the next adjournment thereof. actually available as certified by the national treasurer, or to be raised by a corresponding revenue proposal therein. Exception to non-delegatablity of legislative power. (5) No law shall be passed authorizing any transfer of Section 24: Appropriation appropriations; However, the President, President of the All appropriation, revenue or tariff bills, bills authorizing Senate, Speaker of the House, CJ of the Supreme Court, and the increase of public debt, bills of local application, and the Heads of Constitutional Commissions may, BY LAW, be private bills shall originate exclusively in the House of authorized to augment any item in the general Representatives, but the Senate may propose or concur appropriations law for their respective offices from savings with amendments. in other items of their respective appropriations. Rationale: House in closer contact will people; will have clearer (6) Discretionary funds appropriated for particular officials picture of needs shall be disbursed only for public purposes to be supported Senate may partially or totally amend bill from House. by appropriate vouchers and subject to such guidelines as may be prescribed by law. >The bill must originate from the House. The law which is the product of the total bicameral legislative process originates not just (7) If, by the end of any fiscal year, the Congress shall have from the House but from both Senate and House. failed to pass the General Appropriations Bill for the ensuing fiscal year, the General Appropriations Law for the Section 25: preceding fiscal year shall be deemed reenacted and shall (1) Congress may not increase the appropriations remain in force and effect until the General Appropriations recommended by the President for the operation of the Bill is passed by Congress. government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.