PREAMBLE 1935 Consti included the definition of national territory – To be effective &

Function – not a source of rights or of obligation accepted by US Pres, would oblige American gov’t to keep the integrity of
1. Sets down the origin, scope and purpose of the Constitution PH territory
2. Useful as aid in ascertaining ambiguous provisions in the
Constitution Scope:
3. SOURCE OF LIGHT 1. Philippine archipelago
2. All other territories over w/c the PH has sovereignty or jurisdiction
Origin: “sovereign Filipino people” 3. The territorial sea, the seabed, the subsoil, the insular shelves, and
Scope: “to build a just and humane society…….equality and peace” other submarine areas corresponding to (1) and (2)
#1 and #2 – consists of terrestrial, fluvial, and aerial domains
1987 “We” – stresses the active and sovereign role of the Filipino people
as author of the Constitution Archipelago – body of water studded with islands
1935 “The Filipino people” – 3rd person, suggests that another power was
merely announcing PH archipelago – delineated in the Treaty of Paris, modified by the Treaty
of Washington and the Treaty with Great Britain
1987 “Almighty God” vs 1935 “Divine Providence” - These are not included in 1987 Consti to erase every possible
– more personal & consonant personalist Filipino religiosity trace of colonial history

1987 “Common good” – projects social order that enables citizen attain “All other territories over w/c the PH has sovereignty or jurisdiction”
fullest development economically, politically, culturally & spiritually. - territory w/c presently belongs or might belong in the future
1935 “General Welfare” – greatest good for the greatest number to the PH through any of the internationally accepted modes
of acquiring territory
“equality” – emphasizes major problem in the PH which is the prevalence US Military bases – still part of the PH territory over w/c the gov’t exercise
of gross economic & political inequalities sovereign control

“love” – love that prevented bloodshed in the February reveolution “aerial domain, territorial sea, the seabed, the subsoil, the insular shelves
“truth” – protest against deception in Marcos Regime and other submarine areas” – PH lay claim to the extent recognized by Int’l
“peace” – fruit of the convergence of truth, justice, freedom & love law.
“the rule of law” – government officials have only the authority given them “waters around, between and connecting the islands of the archipelago” –
by law & defined by law, and only continues with consent of the people PH claims as part of its internal waters, its one of the elements of
“Ours is a rule of law and not of men” archipelagic principle
 straight baseline method – connects appropriate points on the
coast and divide the internal waters from territorial waters of an
ARTICLE I – THE NATIONAL TERRITORY archipelago

Force of assertion of a territorial claim in a constitution: Baselines – mark the end of the internal waters and the beginning of the
constitution is a municipal law that binds only the nation promulgating it. territorial sea (Law of the Sea)
A definition of NT in the constitution will bind internationally only if
supported by proof that can stand in international law.
PH Baseline Law – RA 95222, provides for one baseline around the “government’ – that institution or aggregate of institutions by w/c an
archipelago and separate baselines for the “regime of islands” outside the independent society makes and carries out those rules of action w/c are
archipelago necessary to enable men to live in a social state
Functions (Bacani vs Nococo):
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES - Constituent: compulsory functions w/c constitute the very
- the basic ideological principles and policies that underlie the bonds of society
Constitution - Ministrant: optional functions of government; (1) for public
- shed light in the meaning of other provisions in the Consti welfare w/c private capital wouldn’t do (2) gov’t better
- Guide for all departments of the government in the equipped to administer for public welfare
implementation of the Constitution
De jure government – established by authority of the legitimate sovereign
SECTION 1: The Philippines is a democratic and republican State. De facto government – established in defiance of the legitimate sovereign
Sovereignty resides in the people and all government authority Classifications:
emanates from them. 1. Gov’t that gets possession & control of, or usurps, by
force or by the voice of the majority
“state” is: 2. Established & maintained by invading military forces
1. Community of persons more or less numerous 3. Established as an independent gov’t by the inhabitants
2. Permanently occupying a definite portion of territory of a country (revolutionary gov’t)
3. Independent of external control
4. Possessing an organized government to w/c the great body of “republican state” – all government authority emanates from the people
inhabitants render habitual obedience and is exercised by representatives chosen by the people
“democratic state” – a monument to the February Revolution w/c re-won
Elements of “state” freedom through direct action of the people
1. People
2. Territory state – corporate entity
3. Sovereignty government – one of the elements of state, institution through w/c state
4. Government exercise power
administration – consists of the set of people currently running the
“state” – legal concept institution, can change w/o a change in state or gov’t
“nation” – ethnic concept
“people” – a community of persons sufficient in number and capable of SECTION 2: The Philippines renounces war as an instrument of national
maintaining the continued existence of the community held together by a policy, adopts the generally accepted principles of international law as
common bond of law part of the law of the land and adheres to the policy of peace, equality,
legal “sovereignty” – supreme power to affect legal interests, it’s the justice, freedom, cooperation, and amity with all nations.
property of a state-force due to w/c it has the exclusive capacity of legal
self-determination and self-restriction Aggressive war – renounced by PH, not defensive
political “sovereignty” – sum total of all the influences in a state, legal and Amity – only an ideal to be aimed at
non-legal, w/c determine the course of law Diplomatic recognition – a matter of executive discretion
SECTION 3: Civilian authority is, at all times, supreme over the military. SECTION 8. The Philippines, consistent with the national interest, adopts
The Armed Forces of the Philippines is the protector of the people and and pursues a policy of freedom from nuclear weapons in its territory.
the State. Its goal is to secure the sovereignty of the State and the - Prohibition on possession, control, manufacture of nuclear
integrity of the national territory. weapons, and nuclear arms tests
- Does not prohibit peaceful uses of nuclear energy
Civilian officials are superior to military forces only when law makes them - Exception: only when consistent with the national interest
so
SECTION 9: The State shall promote a just and dynamic social order that
Existence of armed forces – to secure sovereignty of the state, to preserve will ensure the prosperity and independence of the nation and free the
the integrity of national territory, protect the people when ordinary law & people from poverty through policies that provide adequate social
order forces need assistance services, promote full employment, a rising standard of living, and an
improved quality of life for all.
SECTION 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State SECTION 10: The State shall promote social justice in all phases of
and, in the fulfillment thereof, all citizens may be required, under national development.
conditions provided by law, to render personal military or civil service.
Social justice – equalization of economic, political and social opportunities
SECTION 5. The maintenance of peace and order, the protection of life, with special emphasis on the duty of the state to tilt balance of social
liberty, and property, and the promotion of the general welfare are forces by favoring the disadvantaged in life.
essential for the enjoyment by all the people of the blessings of
democracy. SECTION 11: The State values the dignity of every human person and
guarantees full respect for human rights.
Section 5 & 6 – give emphasis on service to and protection of the people
“under conditions provided by law” – emphasizes the primacy of serving SECTION 12: The State recognizes the sanctity of family life and shall
the interest of the people and protecting their rights even when there is protect and strengthen the family as a basic autonomous social
need to defend the state. institution. It shall equally protect the life of the mother and the life of
the unborn from conception. The natural and primary right and duty of
SECTION 6. The separation of Church and State shall be inviolable. parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the
STATE POLICIES Government.

SECTION 7. The State shall pursue an independent foreign policy. In its “family” – stable heterosexual relationship
relations with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self- SECTION 13: The State recognizes the vital role of the youth in nation-
determination. building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth
*Provisions protecting rights in Article II – are not self-executing patriotism and nationalism, and encourage their involvement in public
provisions, need implementing acts of Congress and civic affairs.
SECTION 14: The State recognizes the role of women in nation-building, SECTION 22: The State recognizes and promotes the rights of indigenous
and shall ensure the fundamental equality before the law of women and cultural communities within the framework of national unity and
men. development.
- law to ignore sex where sex is not relevant factor in
determining rights and duties, nor is the provision meant to SECTION 23: The State shall encourage non-governmental, community-
ignore customs and traditions based, or sectoral organizations that promote the welfare of the nation.

SECTION 15: The State shall protect and promote the right to health of SECTION 24: The State recognizes the vital role of communication and
the people and instill health consciousness among them. information in nation-building.

SECTION 16: The State shall protect and advance the right of the people SECTION 25: The State shall ensure the autonomy of local governments.
to a balanced and healthful ecology in accord with the rhythm and
harmony of nature. SECTION 26: The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.
SECTION 17: The State shall give priority to education, science and - equalization of political opportunities
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and SECTION 27: The State shall maintain honesty and integrity in the public
development. service and take positive and effective measures against graft and
- Does not mean that the gov’t is not free to balance demands corruption.
of education against other competing and urgent demands
SECTION 28: Subject to reasonable conditions prescribed by law, the
SECTION 18: The State affirms labor as a primary social economic force. It State adopts and implements a policy of full public disclosure of all its
shall protect the rights of workers and promote their welfare. transactions involving public interest.
Social economic force – human factor has primacy over the non-
human factors in production
ARTICLE VI – THE LEGESLATIVE DEPARTMENT
SECTION 19: The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos. SECTION 1: The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of
SECTION 20: The State recognizes the indispensable role of the private Representatives, except to the extent reserved to the people by the
sector, encourages private enterprise, and provides incentives to needed provision on initiative and referendum.
investments.
Legislative power – authority to make, alter, repeal laws. Vested in the
SECTION 21: The State shall promote comprehensive rural development Congress of the Philippines
and agrarian reform. Congress – consists of a SENATE and HOUSE OF REPRESENTATIVES
“comprehensive rural development” – only only agrarian reforms
but also broad spectrum of social, economic, human, cultural, 2 kinds of legislative power in republican system:
political and industrial development. 1. Original – possessed by sovereign people
2. Derivative – delegated by the sovereign people
Classifications of legislative power: SECTION 3: No person shall be a Senator unless
1. Constituents – power to amend or revise the Constitution 1. he is a natural-born citizen of the Philippines, and,
2. Ordinary – power to pass ordinary laws 2. on the day of the election, is at least thirty-five years of age,
3. able to read and write,
Kinds of limits on legislative power: 4. a registered voter, and
1. Substantive – contents of law (example: no law may be passed w/c 5. a resident of the Philippines for not less than two years
impairs freedom of speech) immediately preceding the day of the election.
2. Procedural – manner of passing laws (example: bill must be
approved to become a law) SECTION 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
Irrepealable laws – limit the power of future legislatures day of June next following their election.

Power delegated to administrative agencies – not law making power, only No Senator shall serve for more than two consecutive terms. Voluntary
rule-making power or law execution 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
Delegating laws must: which he was elected.
1. Be complete in itself – set forth the policies that must be carried - may serve more than 2 terms provided terms are not
out consecutive
2. Fix a standard – the limits of which are sufficiently determinate or
determinable SECTION 5. (1) The House of Representatives shall be composed of not
more than two hundred and fifty members, unless otherwise fixed by
Quasi-legislative and quasi-judicial power – with administrative bodies’ law, who shall be elected from legislative districts apportioned among
specialization in particular fields assigned to them, they can deal with the provinces, cities, and the Metropolitan Manila area in accordance
problems with more expertise 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
Administrative agencies may have the force of penal law provided that the be elected through a party-list system of registered national, regional,
ff conditions concur: and sectoral parties or organizations.
1. The delegating statute itself specifically authorize the
promulgation of penal regulations (2) The party-list representatives shall constitute twenty per centum of
2. Penalty must not be left to the admin agency, (must be provided the total number of representatives including those under the party list.
by the statute itself) For three consecutive terms after the ratification of this Constitution,
3. The regulation must be published in the official gazette or a one-half of the seats allocated to party-list representatives shall be filled,
newspaper of general circulation as provided by law, by selection or election from the labor, peasant,
urban poor, indigenous cultural communities, women, youth, and such
SECTION 2: The Senate shall be composed of twenty-four Senators who other sectors as may be provided by law, except the religious sector.
shall be elected at large by the qualified voters of the Philippines, as may
be provided by law. (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 Veterans Federation Party et al vs COMELEC
least one representative. - 20% not mandatory
- 2% mandatory
(4) Within three years following the return of every census, the Congress Banat vs COMELEC
shall make a reapportionment of legislative districts based on the - 20% mandatory
standards provided in this section. - 2% declared unconstitutional

District representative – representing congressional district *Only Congress can create provinces and cities as it necessarily includes
the creation of legislative districts – power only Congress can exercise
Party-list representative – elected through party-list system; a registered *Every province = 1 legislative district
national, regional, and sectoral parties or organizations *Creation of legislative district – no need for confirmation by plebiscite
Guidelines for the COMELEC to apply: *Gerrymandering – the formation of one legislative district out of separate
1. must represent marginalized or underrepresented territories for the purpose of favoring a candidate or a party (NOT
2. political parties who wish to participate must comply with this ALLOWED)
policy
3. religious sector may not be represented SECTION 6: No person shall be a Member of the House of
4. party/ organization must not be disqualified under Section VI of RA Representatives unless
7941 (foreign party, advocates violence, religious sect, ceased to 1. he is a natural-born citizen of the Philippines and,
exist for 1yr, receives support from foreign party, fails to comply 2. on the day of the election, is at least twenty-five years of age,
with laws & RR of election, declares untruthful statement in its 3. able to read and write, and,
petition, not a 2-percenter) except the party-list representatives,
5. party/organization must not be an adjustment of or a project 4. a registered voter in the district in which he shall be elected, and
organized by the government 5. a resident thereof for a period of not less than one year
6. its nominees must likewise comply w/ the requirements of the law immediately preceding the day of the election.
7. nominees must be able to contribute to the formulation and
enactment of legislation that will benefit the nation “domicile” – once established is considered to continue and will not be
deemed lost until new one is established; requires not just bodily presence
COMELEC – determines qualification of party to participate in party-list but also a declared and probable intent to make it one’s fixed and
system, not subject to review for certiorari permanent place of abode
To effect a change of domicile:
Requirements of party-list nominees: (*religious nominee may be elected) 1. one must demonstrate an actual removal or an actual change of of
1. natural born Filipino citizen domicile
2. registered voter 2. a bona fide intention of abandoning the former place of residence
3. resident of PH not less that 1 year preceding the day of election 3. establishing a new one and definite acts which correspond with
4. able to read & write the purpose
5. bona fide member of party/organization w/c he seeks to represent
for atleast 90 days preceding the day of election “residence” – not just a temporary residence but a domicile as identified in
6. atleast 25 years of age on the day of the election (for youth sector jurisprudence; requires bodily presence in a given place
must not be more than 30 years of age
SECTION 7: The Members of the House of Representatives shall be be questioned nor be held liable in any other place for any speech or
elected for a term of three years which shall begin, unless otherwise debate in the Congress or in any committee thereof.
provided by law, at noon on the thirtieth day of June next following their - Purpose is to protect legislator against harassment that w/c
election. will keep him away from legislative sessions
- Privilege of speech: intended to leave legislator unimpeded in
No member of the House of Representatives shall serve for more than the performance of his duties and free from fear of
three consecutive terms. Voluntary renunciation of the office for any harassment outside
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. SECTION 12: All Members of the Senate and the House of
Representatives shall, upon assumption of office, make a full disclosure
Term – period during w/c is entitled to hold office; chang ed only by of their financial and business interests. They shall notify the House
amendment concerned of a potential conflict of interest that may arise from the filing
Tenure – period during w/c official actually holds the office; can be of a proposed legislation of which they are authors.
shortened
SECTION 13: No Senator or Member of the House of Representatives may
SECTION 8: Unless otherwise provided by law, the regular election of the hold any other office or employment in the Government, or any
Senators and the Members of the House of Representatives shall be held subdivision, agency, or instrumentality thereof, including government-
on the second Monday of May. owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office
SECTION 9: In case of vacancy in the Senate or in the House of which may have been created or the emoluments thereof increased
Representatives, a special election may be called to fill such vacancy in during the term for which he was elected.
the manner prescribed by law, but the Senator or Member of the House - Incompatible office (1st sentence)
of Representatives thus elected shall serve only for the unexpired term. - Forbidden office (2nd sentence)

“in the manner prescribed by law” – special election is not mandatory, its SECTION 14: No Senator or Member of the House of Representatives may
left to the discretion of Congress personally appear as counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other administrative bodies.
SECTION 10: The salaries of Senators and Members of the House of Neither shall he, directly or indirectly, be interested financially in any
Representatives shall be determined by law. No increase in said contract with, or in any franchise or special privilege granted by the
compensation shall take effect until after the expiration of the full term Government, or any subdivision, agency, or instrumentality thereof,
of all the Members of the Senate and the House of Representatives including any government-owned or controlled corporation, or its
approving such increase. subsidiary, during his term of office. He shall not intervene in any matter
- 240k/ annum before any office of the Government for his pecuniary benefit or where
- increase can only take effect after the term he may be called upon to act on account of his office.
- emoluments may be tacked on during the term - Prohibition is personal, not applicable to lawyer-congressmen

SECTION 11: A Senator or Member of the House of Representatives shall, SECTION 15: The Congress shall convene once every year on the fourth
in all offenses punishable by not more than six years imprisonment, be Monday of July for its regular session, unless a different date is fixed by
privileged from arrest while the Congress is in session. No Member shall 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, *It’s within the power & jurisdiction of the court to inquire whether the
exclusive of Saturdays, Sundays, and legal holidays. The President may senate or its officials committed a violation of the constitution or gravely
call a special session at any time. abused their discretion in the exercise of their functions & prerogatives

SECTION 16: existence of quorum based on – the proportion between those physically
(1) The Senate shall elect its President and the House of Representatives present and the total membership of the body
its Speaker, by a majority vote of all its respective Members.
Disciplinary action taken by congress – not subject to judicial review
Each House shall choose such other officers as it may deem necessary. Courts can intervene in the implementation of the rules of either house –
only when rule affects private rights
(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 Purpose as to why journals should be kept:
attendance of absent Members in such manner, and under such 1. To insure publicity to the proceedings of the legislature and a
penalties, as such House may provide. correspondent responsibility of the members to their respective
constituents
(3) Each House may determine the rules of its proceedings, punish its 2. To provide proof of what actually transpired in the legislature
Members for disorderly behavior, and, with the concurrence of two-
thirds of all its Members, suspend or expel a Member. A penalty of Matters that Congress may keep out of Journal – as may in the congress’
suspension, when imposed, shall not exceed sixty days. judgment, affect national security

(4) Each House shall keep a Journal of its proceedings, and from time to When journal conflicts with extraneous evidence, Journal is conclusive to
time publish the same, excepting such parts as may, in its judgment, upon the courts
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 Enrolled bill doctrine – signing of the bill by the Speaker of the House and
Journal. Senate president; the certification by the secretaries of the both houses of
the Congress that such bill was passed are conclusive of its due enactment
Each House shall also keep a Record of its proceedings.
SECTION 17: The Senate and the House of Representatives shall each
(5) Neither House during the sessions of the Congress shall, without the have an Electoral Tribunal which shall be the sole judge of all contests
consent of the other, adjourn for more than three days, nor to any other relating to the election, returns, and qualifications of their respective
place than that in which the two Houses shall be sitting. Members. Each Electoral Tribunal shall be composed of nine Members,
three of whom shall be Justices of the Supreme Court to be designated
Officers of Congress: by the Chief Justice, and the remaining six shall be Members of the
1. Senate President Senate or the House of Representatives, as the case may be, who shall be
2. Speaker of the House of Representatives chosen on the basis of proportional representation from the political
3. Such other officers as each House may deem necessary 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.
 - HRET has jurisdiction when candidate has been proclaimed, Power of inquiry – an essential and appropriate auxiliary to the legislative
taken his oath and assumed office as member of HOR; also function as a legislative body cannot legislate wisely or effectively in the
decides qualification of party-list representative absence of information; and where the legislative does not possess the
requisite information, recourse must be had to others who do possess it.
SECTION 18: There shall be a Commission on Appointments consisting of
the President of the Senate, as ex officio Chairman, twelve Senators and *Power of investigation necessarily includes the power to punish a
twelve Members of the House of Representatives, elected by each House contumacious witness for contempt.
on the basis of proportional representation from the political parties and - punished only when the witness is required in a matter into w/c the
parties or organizations registered under the party-list system legislature or any of its committees has jurisdiction to inquire
represented therein. The Chairman of the Commission shall not vote, - the requirement that the investigation be “in aid of legislation” is
except in case of a tie. The Commission shall act on all appointments essential element for establishing the jurisdiction of the legislative body
submitted to it within thirty session days of the Congress from their *The court has no authority to prohibit the Committee from requiring
submission. The Commission shall rule by a majority vote of all the respondent to appear and testify before it
Members. *Inherent power of congress to punish – is a matter of self-preservation of
- COA acts as a legislative check on the appointing authority of one of the 3 independent branches of gov’t and cannot be applied/claimed
the President to/by local legislative body.
- Doctrine of checks and balance
SECTION 22. The heads of departments may upon their own initiative,
SECTION 19: The Electoral Tribunals and the Commission on with the consent of the President, or upon the request of either House,
Appointments shall be constituted within thirty days after the Senate as the rules of each House shall provide, appear before and be heard by
and the House of Representatives shall have been organized with the such House on any matter pertaining to their departments. Written
election of the President and the Speaker. The Commission on questions shall be submitted to the President of the Senate or the
Appointments shall meet only while the Congress is in session, at the call Speaker of the House of Representatives at least three days before their
of its Chairman or a majority of all its Members, to discharge such scheduled appearance. Interpellations shall not be limited to written
powers and functions as are herein conferred upon it. 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
SECTION 20: The records and books of accounts of the Congress shall be writing, the appearance shall be conducted in executive session.
preserved and be open to the public in accordance with law, and such - function of sec22: formalizes “oversight function”
books shall be audited by the Commission on Audit which shall publish - does not provide “question hour” as it has made the appearance of
annually an itemized list of amounts paid to and expenses incurred for department heads voluntary
each Member.
SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in
SECTION 21: The Senate or the House of Representatives or any of its joint session assembled, voting separately, shall have the sole power to
respective committees may conduct inquiries in aid of legislation in declare the existence of a state of war.
accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected. (2) In times of war or other national emergency, the Congress may, by
- Anyone except the President and Justices of the SC may be law, authorize the President, for a limited period and subject to such
summoned 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 augment any item in the general appropriations law for their respective
adjournment thereof. offices from savings in other items of their respective appropriations.
- “the sole power to declare the existence of a state of war”
- while the constitution gives to the legislature the power to declare the (6) Discretionary funds appropriated for particular officials shall be
existence of war..the actual power to make war is lodged in the executive disbursed only for public purposes to be supported by appropriate
power, which holds the sword of the nation, when necessary may make vouchers and subject to such guidelines as may be prescribed by law.
war even in the absence of declaration of war
(7) If, by the end of any fiscal year, the Congress shall have failed to pass
Emergency power that may be delegated – EP can include the power to the general appropriations bill for the ensuing fiscal year, the general
rule by “executive fiat” appropriations law for the preceding fiscal year shall be deemed
reenacted and shall remain in force and effect until the general
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing appropriations bill is passed by the Congress.
increase of the public debt, bills of local application, and private bills
shall originate exclusively in the House of Representatives, but the SECTION 26. (1) Every bill passed by the Congress shall embrace only one
Senate may propose or concur with amendments. subject which shall be expressed in the title thereof.

SECTION 25. (1) The Congress may not increase the appropriations (2) No bill passed by either House shall become a law unless it has passed
recommended by the President for the operation of the Government as three readings on separate days, and printed copies thereof in its final
specified in the budget. The form, content, and manner of preparation of form have been distributed to its Members three days before its passage,
the budget shall be prescribed by law. except when the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. Upon the last
(2) No provision or enactment shall be embraced in the general reading of a bill, no amendment thereto shall be allowed, and the vote
appropriations bill unless it relates specifically to some particular thereon shall be taken immediately thereafter, and the yeas and nays
appropriation therein. Any such provision or enactment shall be limited entered in the Journal.
in its operation to the appropriation to which it relates. (rider) - Rule on title & subject of bills: mandatory and not directory; compliances
to it is essential to the validity of legislation
(3) The procedure in approving appropriations for the Congress shall - purpose of this provision are:
strictly follow the procedure for approving appropriations for other 1. prevent hodge-podge (confusion) or log-rolling legislation
departments and agencies. 2. prevent surprise or fraud upon the legislature by means of
provisions in bills of which the titles gave no info and w/c might therefore
(4) A special appropriations bill shall specify the purpose for which it is be overlooked and carelessly and unintentionally adopted.
intended, and shall be supported by funds actually available as certified 3. to fairly appraise the people, in order that they may have
by the National Treasurer, or to be raised by a corresponding revenue opportunity of being heard thereon by petition or otherwise if they shall
proposed therein. so desire
- Rule must be interpreted liberally; “should be given a practical rather
(5) No law shall be passed authorizing any transfer of appropriations; than technical construction”
however, the President, the President of the Senate, the Speaker of the
House of Representatives, the Chief Justice of the Supreme Court, and SECTION 27. (1) Every bill passed by the Congress shall, before it becomes
the heads of Constitutional Commissions may, by law, be authorized to 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 Invalid veto – President did not act on the bill at all. Hence, bill becomes a
to the House where it originated, which shall enter the objections at law by executive inaction.
large in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House shall agree Bicameral system – bills are independently processed by both Houses of
to pass the bill, it shall be sent, together with the objections, to the other Congress
House by which it shall likewise be reconsidered, and if approved by two- Conference committee – consisting of members nominated from both
thirds of all the Members of that House, it shall become a law. In all such Houses, is an extra-constitutional creation of Congress whose function is
cases, the votes of each House shall be determined by yeas or nays, and to propose to congress ways to reconcile conflicting provisions found in
the names of the Members voting for or against shall be entered in its Senate and HOR version.
Journal. The President shall communicate his veto of any bill to the
House where it originated within thirty days after the date of receipt Doctrine of Inappropriate Provision – A provision that is constitionally
thereof; otherwise, it shall become a law as if he had signed it. inappropriate for an appropriation bill may be singled out for veto even if
it is not an appropriation or revenue “item”. In essence, it means that the
(2) The President shall have the power to veto any particular item or President may veto “riders” in an appropriation bill.
items in an appropriation, revenue, or tariff bill, but the veto shall not
affect the item or items to which he does not object. Executive impoundment – another way of exercising executive veto;
- yeas and nays of members are taken every time a House has to vote Impoundment means refusal of the President to spend funds already
when: allocated by Congress for a specific purpose
1. upon the last reading and third readings of a bill
2. at the request of 1/5 of the members present SECTION 28. (1) The rule of taxation shall be uniform and equitable. The
3. in repassing a bill over the veto of the President Congress shall evolve a progressive system of taxation.
- “conference committee”: consist of members nominated from both
Houses; function is to propose to Congress ways to reconcile conflicting (2) The Congress may, by law, authorize the President to fix within
provisions found in the Senate version and in the House version of bill. specified limits, and subject to such limitations and restrictions as it may
impose, tariff rates, import and export quotas, tonnage and wharfage
Bill vetoed by President may still become a law when: dues, and other duties or imposts within the framework of the national
1. After such reconsideration, 2/3 of all the members of such House development program of the Government.
shall agree to pass the bill, it shall be sent together with objection
to the other House (3) Charitable institutions, churches and parsonages or convents
2. Other House will reconsider and if approved by 2/3 of all the appurtenant thereto, mosques, non-profit cemeteries, and all lands,
members of that House…it shall become a LAW. buildings, and improvements, actually, directly, and exclusively used for
3. Votes of each Houses shall be determined by yeas and nays & religious, charitable, or educational purposes shall be exempt from
names of members voting for/against shall be entered in its taxation. (property tax only)
Journal
(4) No law granting any tax exemption shall be passed without the
*As a general rule, if the president disapproves a bill approved by concurrence of a majority of all the Members of the Congress.
Congress, he should veto the entire bill, he’s not allowed to veto separate
items. EXCEPT in cases of appropriation, revenue, and tariff bills that he is Purpose of Power to Tax:
authorized to exercise item-veto. - To raise revenue
 - Recognized as an instrument of national economic and social Power to tax can be delegated
policy - Delegation is authorized by the constitution itself; By the
- Justice Marshall: “power to tax involves the power to destroy” Congress to Executive
- US Supreme Court: “the power to keep alive” - Constitution grants Congress to impose restrictions and
- Limitation: power to tax exists for the general welfare. Hence, limitations on the taxation power delegated to the president
implicit in the power is the limitation that it should be
exercised only for a public purpose. SECTION 29. (1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
UNIFORM AND EQUITABLE
“uniform” (2) No public money or property shall be appropriated, applied, paid, or
- Uniformity in the Philippine Constitution in the same ways as employed, directly or indirectly, for the use, benefit, or support of any
uniformity in the American Constitution sect, church, denomination, sectarian institution, or system of religion, or
- Churchill vs Concepcion: uniformity in the Constitution signify of any priest, preacher, minister, or other religious teacher, or dignitary
geographic uniformity; A tax is uniform when it operates with as such, except when such priest, preacher, minister, or dignitary is
the same force and effect in every place where the subject of assigned to the armed forces, or to any penal institution, or government
it is found orphanage or leprosarium.
- Philippine Jurisprudence: uniformity is interpreted as
equivalent to the requirement of valid classification under the (3) All money collected on any tax levied for a special purpose shall be
equal protection clause (pepsi vs city of butuan) treated as a special fund and paid out for such purpose only. If the
“equitable” purpose for which a special fund was created has been fulfilled or
- Notion of equitable taxation exclude oppressiveness abandoned, the balance, if any, shall be transferred to the general funds
of the Government.
Tan vs del Rosario on:
Equitable tax – Power to tax cannot override Constitutional prescriptions Congress – has control of the expenditure of public funds
Uniformity – it means that:
1. Standards used are substantial not arbitrary Pork Barrel – congress itself has specified the uses of the funds and the
2. Categorization is germane to achieve legislative purpose power given to the officials was merely recommendatory to the President
3. Law applies, all things being equal, to both present and future who could approve or disapprove the recommendation. Court parised the
conditions scheme as “imaginative” and “innovative”.
4. Classification applies equally well to all those belonging to the
same class SECTION 30. No law shall be passed increasing the appellate jurisdiction
of the Supreme Court as provided in this Constitution without its advice
The State, through the legislative and executive branch, exercise its and concurrence.
sovereign prerogative as it is inherent in the power to tax that the State be
free to select the subjects of taxation Congress may increase appellate jurisdiction of the Supreme Court only
with advice and concurrence of the SC itself. Purpose of this is to prevent
Progressive system of taxation – progressive when the rate increases as the overburdening of the SC.
the tax base increases; power of taxation must be an instrument for a
more equitable distribution of wealth
SECTION 31. No law granting a title of royalty or nobility shall be
enacted.

Reason behind: “This may truly be denominated the cornerstone of

SECTION 32. The Congress shall, as early as possible, provide for a system
of initiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any act
or law or part thereof passed by the Congress or local legislative body
after the registration of a petition therefor signed by at least ten per
centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of
the registered voters thereof.

Congress has no exclusive right to pass national legislation, Section 23 has