Article 6 sections 25 32 Phil. Constitution
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Article 6 sections 25 32 Phil. Constitution

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Article 6 Sections 25-32 of the Philippine Constitution

Article 6 Sections 25-32 of the Philippine Constitution

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Article 6 sections 25 32 Phil. Constitution Article 6 sections 25 32 Phil. Constitution Presentation Transcript

  • Article VI Sections 25-32
  • SECTION 25.1 The Congress may not increase the appropriations recommended by the President for the appropriation of the Government as specified in the budget. The form, content, and manner of preparation of budget shall be prescribed by law.
  • What is a BUDGET? It is the financial year program of the national government for a designated calendar year. View slide
  • Submission of proposed budget by the President, pursuant to Art. VII Sec. 22, is intended as a guide for the budget to follow. View slide
  • Increase of appropriation recommended by the President
  • 1. For the executive department- Congress may not increase the appropriation. 2. For legislative; judicial departments and congressional bodies- Neither can Congress increase its outlay. Judiciary’s may not be reduced.
  • SECTION 25.2 No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.
  • A Rider is a provision or enactment inserted in the general appropriations bill which does not relate to some particular appropriations therein.
  • SECTION 25.3 The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.
  • This provides a safeguard against the abuse or misuse by Congress of its power to appropriate.
  • SECTION 25.4 A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.
  • Requirements with respect to special appropriations bill
  • The Constitution requires that: 1. It should specify the purpose for which it is intended. 2. It should be supported by funds actually available as certified to by the National Treasurer.
  • Requirement to insure a balanced budget: The Constitution requires that the level of expenditures must be within the level of the revenues.
  • SECTION 25.5 No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the Heads of the Constitutional Commisions may…
  • SECTION 25.6 Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
  • When is the appropriation for discretionary funds is allowed? When it is not possible to determine beforehand when the expenditures have to be made, exact amounts needed, and the specific use thereof.
  • Conditions for discretionary funds: 1. The disbursement must be only for public purposes; 2. It must be supported by appropriate vouchers; and 3. It must be subject to such guidelines as may be prescribed by law.
  • SECTION 25.7 If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceeding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.
  • Fiscal Year- is the period beginning with the 31st day of January and ending with the 31st day of December of each calendar year.
  • SECTION 26.1 Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
  • Purposes of constitutional requirement: 1. To prevent hodge-podge or log-rolling legislation. 2. To prevent surprise or fraud upon the legislature. 3. To inform the people, through such publications.
  • What is hodge-podge or log-rolling legislation? Refers to any legislation that have several subjects on unrelated matters combined together.
  • The constitutional provision prohibits the passage of two classes of bills: 1. A bill containing riders (Section 25.2) 2. A bill which embodies different subjects.
  • Exceptions to the requirement: 1. Local ordinances as they do not partake of the nature of laws. 2. Proper codifications and revisions of statutes.
  • SECTION 26.2 No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment…
  • Purpose of three readings of bill: 1. To prevent hasty and improvident legislation and the railroading of bills. 2. To compel the careful examination of proposed law.
  • Purpose of yeas and nays in the journal: 1. To fix upon each member the responsibility for his action in legislation. 2. To furnish conclusive evidence whether the bill has been passed by the requisite majority or not.
  • Steps in the passage of a bill
  • First Reading- scheduling; inclusions of other authors. Referral to appropriate committee- Conducts hearing and consultation; forwarded to Committee on Rules. Second Reading- Read with its amendments. Debates- Amendments of any members of Congress; pass or kill the bill. Printing and distribution-Printed in final form and distributed 3 days before its passage.
  • Third Reading- Nominal voting; a member may abstain; yeas and nays entered in the journal. Referral to the other House- The same procedure takes place; signed by the Senate President and Speaker of House of Rep. Submission to joint bicameral committee- Reconcilation of conflicting provisions from both Houses. Submission to the President- Either signs it into law or vetoes it with a duration of 30 days.
  • SECTION 27.1 Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it…
  • Definition of terms: BILL is a draft of a law submitted to the consideration of a legislative body for its adoption. Statute is the written will of legislature as an organized body expressed according to the form necessary to constitute it into law; act.
  • How are statutes identified: 1. Serial numbers (Republic Act No. 386) 2. Special titles (Civil Code of the Philippines) 3. Enactments by the Batasang Pambansa (Batasang Pambansa Blg. 25)
  • Formal Parts of a law
  • When will a bill may become a law? 1. When the President approves the bill by signing it. 2. When he vetoes the bill and returns the same with his objections to the House where it originated, and the same is repassed over his veto by a vote of two-thirds. 3. If the President does not communicate within 30 days.
  • SECTION 27.2 The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
  • VETO- is the Latin term for “I forbid” or “I deny.” 1. To enable the executive department to protect its integrity as an equal branch of the government. 2. To provide a check on hasty, corrupt, or ill-considered legislation.
  • POCKET VETO is not allowed. the disapproval of a bill by inaction of the President. PARTIAL VETO is allowed. Provided in Section 27.2 which grants the President to veto particular items provided that other items he approves shall not be affected.
  • RESOLUTION- has been identified as a formal expression of opinion, will, or intent by an official body or assembled group.
  • Use of resolutions: 1. The rules of procedure of a lawmaking body, orders imposing some penalty upon any of its members would be embodied in the resolution. 3. Under Section 28.2, the power to tarrif rates of the President may be withdrawn by resolution. 2. For expressing condolences or in declaring its opinion on important national questions.
  • Kinds of resolutions: 1. SIMPLE- if passed by either House for its exclusive use or purpose; 2. CONCURRENT- if passed independently in one House and ratified by the other in the same manner as a bill; 3. JOINT- if approved by both Houses meeting in joint session but voting separately.
  • SECTION 28.1 The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.
  • Uniformity in taxation- means that all taxable articles or properties of the same class shall be taxed at the same rate.
  • Equity in taxation- requires that such apportionment be more or less just in light of the taxpayer’s ability to shoulder the tax burden. Progressive taxation- the tax increases as the amount of income increases.
  • SECTION 28.2 The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the…
  • SECTION 28.3 Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, nonprofit cemeteries, and all lands, buildings and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.
  • Tax exemptions: 1. All revenues and assets of non-stock, non- profit educational institutions used actually, directly, and exclusively for educational purposes. 3. Grants and donations used actually, directly, and exclusively for educational purposes. 2. Proprietary educational institutions including those cooperatively owned.
  • SECTION 28.4 No law granting any tax exemption shall be passed without the concurrence of a majority of all the members of the Congress.
  • SECTION 29.1 No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
  • The power of appropriation acts as a legislative check upon the disbursing power of the President, or the heads of departments and other executive officials.
  • APPROPRIATION is nothing more than the authorization by law that money may be paid out of the public treasury.
  • SECTION 29.2 No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or any priest or preacher, minister, or other religious teacher...
  • Prohibition is not violated when: 1. Payment given as compensation- given to priest who is assigned to the armed forces. 2. Religious use incidental- the use of public streets for religious procession, masses at the Rizal Park and benefits from SSS to the priest. 3. Use, public in nature- for postage stamps and the purpose is to advertise the Philippines and not to favor any particular church.
  • 4. Payment based on contract- rents are paid for a portion of a church or other building that is being leased by the government. 5. Consideration received- Exchange of donations from the church to the government.
  • SECTION 29.3 All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the government.
  • SECTION 30 No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.
  • The Supreme Court accords or gives weight to cases that should be elevated for further reviews by the factual findings of the lower court.
  • SECTION 31 No law granting a title of royalty or nobility shall be enacted.
  • Prohibition against granting title of royalty or nobility: 1. It is consistent with the declaration that the Philippines is a democratic and republican State. 2. It prevents the creation of priveleged class which may transmit their classification by inheritance to their children. 3. Validly create titles of royalty or nobility and confer them to the visiting dignitaries of the Congress.
  • SECTION 32 The Congress shall, as early as possible, provide for a system of initiative and referandum, 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…
  • Initiative- It is the reserved power of the people to directly propose and enact laws. Referandum- It is the process by which any act or law or any part thereof passed by Congress or by a local legislative body is submitted to the people for their approval or disapproval.
  • The registration of a petition therefor signed by at least 10% of the total number of registered voters with every legislative district being represented by at least 3% of the registered voters in said district.
  • END