2. Legislative Power
Legislative power is essentially the authority of the
government to enact laws, repeal, or amend them as
well.
Legislative power in the Philippines is vested in the
Congress, which consists of bicameral structure,
namely: the Senate and the House of
Representative
3. Meaning of law
The term laws, as used previously, refers to the
statutes which are the written enactments of the
legislature governing the relations of the people
among themselves or between them and the
government and its agencies.
4. Functions of laws
Through laws, the legislative defines the rights
and duties of citizens, imposes taxes, appropriates
funds, defines crimes and provides for their
punishment, creates and abolishes government offices,
determines their jurisdiction and functions, and in
general, regulates human conduct and the use of
property for the promotion of the common good.
5. Under the 1987 Constitution, the power to make, propose or
amend laws is also extended to the people, in whom
sovereignty resides, through the mechanisms of initiative and
referendum.
By Initiative, we mean that the authority is reserved to the
people through direct participation of the electorate in law-
making processes, either national or local level.
By Referendum, it means the process in which the people are
referred directly on any question of law passed by Congress
or a local legislative body for their approval or rejection.
7. 1.General Legislative Power
A general legislative power of Congress is
usually undefined by the Constitution. This power
refers to the overall authority to enact laws for the
people and the State, unless the Constitution itself
limits the subject matter on which it may legislate.
8. 2. Specific Powers
They are powers which the Constitution
expressly directs or authorizes Congress to exercise.
Among the specific powers of Congress as mandated
by the Constitution are:
a.Power to declare the existence of the state of war.
(Art. VI, Section 23 {1});
b.Power to delegate emergency powers to the
President. (Art VI, Sec. 23 {2});
c.Power to Appropriation (Art. VI, Sec 24-25);
d.Power to Taxation (Art. VI, Sec 28 {1-2});
9. e. Power to concur in treaties through the Senate
and the House of Representatives (Art. VII, Sec 21);
f. Power to concur the grant of Amnesty (Art. VII,
Sec. 19); and
g. Power to act as Board of Canvassers for
Presidential and Vice-Presidential elections (Art VI,
Sec. 4)
10. 3. Implied Powers
From the meaning itself, implied powers are
those authority enjoyed by the legislature to
effectively exercise its constitutionally granted
powers, like the power to conduct investigation in aid
of legislation (Sec 21), or to determine the rules of its
proceedings (Sec. 16 {3})
11. 4. Generally Non-Delegable Powers
These are powers that are essentially inherent in
the Congress, which need no legislation or
constitutional grant to that effect. These fundamental
powers of the State are taxation, eminent domain,
and police power.
13. The Senate
(1) Composition and election
It is composed of 24 Senators. They are elected
at large (nationwide) by the qualified voters, as may be
provided by law (Sec. 2). Unless otherwise provided
by law, the regular election of Senators shall be held
on the second Monday of May (Sec. 8)
14. (2) Term of office
It is six (6) years. It shall commence, unless
otherwise provided by law, at noon on the 30th day of
June next following election (Sec. 4, par. 1). The
Constitution has a similar provision with respect to the
President and Vice-President except that the hour and
date of commencement of their term of office cannot
be changed by law.
15. (3) Qualifications
A Senator must be:
(a) a natural-born citizen of the Philippines;
(b) at least 35 years of age on the day of the
election (i.e., day of the balloting);
(c) able to read and write;
(d) a registered voter; and
(e) a resident of the Philippines for not less two
(2) years immediately preceding the day of the
election (Sec. 3)
16. (4) Maximum of terms
In line with the state policy on equal access to
opportunities for public service and against political
dynasties (Art II, Sec. 6), a Senator is disqualified to
serve for more than two (2) consecutive terms
(Sec.4, par. 2)
18. (1)Composition and election/selection
It is composed of not more than 250 members
popularly known as “Congressmen”. They are elected from
legislative or congressional districts and through a party-list
system. The party-list representatives are filled by selection
or election from the labor, peasant, etc. and other sectors as
may be provided by law, except religious sector (Sec. 5[1]).
Unless otherwise provided by law, the regular election
of the members of the House of Representatives shall be
held on the second Monday of May (Sec. 8).
19. (2) Terms of office
It is three (3) years, to begin also, unless otherwise
provided by the law, at noon on the 30th day next following
election (Sec. 7, par. 1).
(3) Qualifications
A representative must be:
(a) a natural-born citizen of the Philippines;
(b) at least 25 years of age on the day of the election
(c) able to read and write;
(d) except for a party-list representative, a registered voter
in the district in which he shall be elected; and
(e) a resident thereof for a period of not less than one (1)
year preceding the day of the election (Sec. 6)
20. (4) Maximum terms
The provisions are the same as those for
Senators except that the limit is for not more than
three (3) consecutive terms (Sec. 7, par. 2)
21. Term of Office and Tenure of Office
A term of office refers to the fixed period of service
when an elected official may validly keep his post. The
term of office is usually specified by the law.
A tenure of office, on the other hand, refers to the
actual period of service when an elected official holds
the office. Say, a congressman has resigned halfway
his term, this is not considered as an interruption, but
the service is still regarded his full term or his actual
tenure. Thus, tenure is the actual incumbency.
22. Party List System
The purpose of party list system is to bring the
government closer to people and assure that the
democracy really works in our society. Party list
representative system is a device of balancing the
representation in the election of the members to the
House of Representatives from marginalized or
under represented national, regional, and sectoral
parties or organizations duly recognized by the
COMELEC.
23. Only organized and duly registered parties with the
COMELEC may participate instead of individual candidates.
These are:
a. Sectoral Parties
These refer to organized groups of citizens whose
principal advocacy concerns and special interests are in
these sectors, namely: labor, peasant, urban poor,
indigenous communities, veterans, and elderly.
b. Sectoral Organizations
These organizations are groups of qualified voters
bound together by similar physical attributes or
characteristics or by employment, interests, or concerns.
24. c. Political Parties
These are organized groups of qualified voters
pursuing the same ideology, political ideas, and
principles for general conduct of the government.
d. Coalitions
Coalitions refer to aggregations of duly
registered national, regional, sectoral parties, or
organizations for political and/or electoral purposes.
25. Qualifications of a Party List Nominee
1.A natural-born citizen of the Philippines;
2.A registered voter;
3.A resident of the Philippines for a period of not less than
one (1) year immediately preceding the election day;
4.Able to read and write;
5.A bona fide member of the party he seeks to represent for
at least ninety (90) days preceding the election day;
6.A nominee shall come from a disadvantage group of
citizens which are organized and duly registered to the
COMELEC; and
7.At least twenty-five (25) years of age on the Election Day.
26. In case of the youth sector, a nominee must be at
least 25, but not 30 years of age on the date of
election.
Party list representatives are considered elected
members of the lower chamber, and as such, enjoy
the same rights, salaries, and emoluments as regular
members of the House. They shall serve for three (3)
year term with the maximum of three (3) consecutive
or successive terms.
27. Vacancy in Congress
RA 6645 provides for “An Act Prescribing the Manner of
Filling A Vacancy in the Congress of the Philippines”, signed
into a law by then President Aquino on December 1987.
In case of vacancy arising in the Senate at least 18
months or in the House of Representatives at least one year
before the next regular election for members of Congress, the
COMELEC upon receipt of certification of vacancy, shall call
for special election. The Senator or Member of the House of
Representatives thus elected shall serve only for the
unexpired term.
The election shall not be earlier than 45 days nor later
than 90 days from the date of such resolution.
28. Termination of Members of Congress
1. Voluntary renunciation of the office (Art. VI, Sec. 7 [21]);
2. Forfeiture of seat of a member in Congress during
incumbency, in case when he or she keeps another office or
employment in the government or any subdivision, agency, or
instrumentality thereof, including government-owned or
controlled corporation or subsidiaries (Sec. 13);
3. A penalty of suspension may serve a member of the
Congress for disciplinary action as determined by each
House’s rules proceeding (Sec. 16{3}). Congress can punish
any of its members for disorderly conduct;
29. 4. An Electoral Tribunal, through a resolution, may
disqualify a member of Congress in election contest
(Sec. 17);
5. By means of resignation, death, incapacity, or
conviction which carries a penalty of disqualification
to hold office.
30. Compensation of Members of Congress
The salaries of the members of both Houses are fixed
by law; it may be increased, but the effectivity of such shall
only be given to the members after the full term of their
respective offices has elapsed. However, no decrease of
salary of members can be allowed, as they are entitled to the
right to salary.
Art. XVIII, Sec. 17 reads, “The President of the Senate and
the Speaker of the House shall receive an annual salary of P
240,000, and the Senators and the members of the House of
Representatives shall receive P204,000 each per year…”
31. Rights and Privileges of Members of Congress
The Constitutional rights and privileges of members of
Congress shall include the following:
1.Right to salary;
2.Freedom of speech and debate without question;
3.Freedom from arrest while the Congress is in session,
except when the offense of which a member is charged is
punishable by more than six years imprisonment; and
4.Parliamentary immunity. The aim of this privilege is to
facilitate that members of Congress can Effectively
discharge their functions without previous restraints.
33. 1.Over and above, the power to make laws and to pass
resolutions;
2.To approve appointments made by the President
through Commission of Appointments;
3.To decide cases of electoral protest involving its
members through an Electoral Tribunal;
4.To declare the existence of a state of war by 2/3
votes of both Houses, voting independently;
5.To ratify treaties upon 2/3 votes of all members of
Congress, voting separately;
34. 6. To grant the President emergency powers in times of war
and national distress;
7. To provide for the rules of presidential succession should
the speaker of the House fails to qualify;
8. To concur to a grant of amnesty by the President;
9. To exercise the power to override the veto power of the
President;
10. To hear and decide cases of impeachment against high
officials;
11. To exercise the power to amend or revise the Constitution;
12. To prescribe, define, and apportion the jurisdiction of
lower courts;
35. 13. To determine or apportion seats of Legislative districts;
14. The power to tax and levy impositions;
15. To determine the disability of the President and the Vice-
President;
16. To break a knot ion case when there is a tie for the
position of President of the Republic;
17. To cancel or extend Martial Law;
18. To investigate in aid of legislation;
19. To approve the annual budget of the government as
prepared by the Executive;
20. To determine the rules of proceedings and more.
36. Parliamentary Immunities
Art. VI, Sec. 2 provides two immunities, which a
member of Congress may enjoy in the exercise of his
task (while the Congress is in session). These are:
1.A Senator or a member of the House of
Representatives shall be privileged from arrest while
the Congress is in session; and
2.No member shall be questioned nor be held liable in
any other place for any speech or debate in the
Congress or in any committee thereof.
37. The privileges are personal ones and may be waived.
There are, however, exemptions from parliamentary
immunities:
a.Given gravity and seriousness of the offense
committed, any members of the Congress cannot
invoke immunity from arrest, when the penalty of the
charge leveled against him carries the penalty of
more than six (6) years imprisonment; and
b.When a member is not acting as a member of
Congress, but on his personal capacity.
38. Disabilities of Members of Congress
While the members of the legislative may be enjoy some
constitutional and statutory grants or privileges, they are
likewise constrained by some technical disqualifications. As
provided under Art. VI, Sec.14, the prohibitions are:
1.No Senator or member of the House of Representatives
may personally appear as counsel before any court of
justice or before the electoral tribunals, or quasi-judicial and
administrative bodies.
2.Any member shall not, either directly or indirectly, show
financial interests in any contract with the government or any
of its agency or instrumentality thereof, including GOCCs,
during his incumbency. This includes government franchise.
39. 3. Any member shall not intervene in any
matter before any office of the government for
his own benefit.
40. Incompatible and Forbidden Office
By Incompatible office, we mean that no
member of the Congress may hold any other office in
the government or its subdivisions, agency, or any
instrumentality thereof, including government-owned or
controlled corporation, during his incumbency. A
member of Legislative cannot be appointed as a
department secretary or a director of any government
positions while holding his position at the same time,
not unless he resigns.
41. By Forbidden office, we mean that no member of the
Congress can be appointed to any office created or
the emoluments of which have been increased during
the term for which he was elected. Under art. IX-B,
Sec. 8 “no elective officer or employee shall receive
additional, double, or indirect compensation unless
specifically authorized by law, nor accept without the
consent of the Congress any present emolument,
office or title of any kind from foreign government.”
42. Sessions of Congress
Art. VI, Sec. 15 reads:
“The Congress shall convene once every year
on the fourth Monday of July for its regular session,
unless a different date is fixed by law, and shall
continue to be in session for such number of days as
it may determine until 30 days before the opening of
its next regular session, exclusive of Saturdays,
Sundays and legal holidays. The President may call
a special session at any time.”
43. 1.Regular Session
The Congress shall meet or convene once in every
year beginning on the fourth Monday of July for its
regular session, unless law fixes a different date.
Once the Congress has convened, the session
continues for such duration until thirty (30) days
before the opening of the next regular session,
exclusive of Saturdays, Sundays, and legal
holidays.
44. 2. Special Session
The Congress may be called upon by the President
anytime to consider some urgent and national concern. Some
peculiar characteristics include:
a.Special session has no definite or fixed date. It may be
called anytime;
b.Special session considers only one subject matter/agendum
when Congress is convened for the purpose;
c. Special session may also be called or convened by the
Congress; and
d.Special session normally is brief and attends only to the
agenda being called for.
45. 3. Executive Session
In some rare cases, the Congress or the
President may call for a secret or close door
session when matters concerning national
interest are to be discussed.
46. Quorum and Business
Quorum is the required number of members of each
House to be present in order to legally transact a business.
Each House shall determine its own quorum. The
Constitution requires that the majority of each Houses may
adjourn from day to day, and may compel the attendance of
absent members in such manner, and other such penalties
as each House may provide.
Both Houses shall elect their political leaders at the
pleasure of their members. The Senate shall determine its
speaker by majority votes of all its respective members.
47. Disciplinary Behavior
Under the Constitution, each House of Congress may
determine acts constituting disorderly behavior, and whether a
Member should be suspended or expelled. Each House is
authorized under its Rules to punish its member for disorderly
behavior, and with the concurrence of two-thirds vote of all kits
members, suspend or expel an erring legislator. The Constitution,
however, limits the suspension to sixty days.
48. Internal Discipline
Internal Discipline is an inherent legislative power. The
Court once said: “If the power did not exist, it would be utterly
impractible to transact the business of the nation, either at all,
or at least with decency, deliberation, and order. The humblest
assembly of men to understood to posses this power, and
would absurd to deprive the councils of the nations of a like
authority.”
49. Journal and Enrolled Bill
A journal is an official report of the legislative. It is written
business, which arises from all the legislative proceedings.
Art. VI, Sec. 16 (4)
“each House shall keep a journal of its proceedings, and
from time to time publish the same, expecting such parts as
may in its judgment, affect national security, and the years and
nays on any question shall, at the request of one-fifth of the
member present be entered in the journal. Each house shall
also keep a record of its proceedings.”
50. An enrolled bill refers to a bill which has been duly
introduced, finally enacted by both House, signed by the
proper officers of each House, and approved by the
President. An enrolled copy bill is conclusive not only of
its provisions, but also of its due enactment. In case of
conflict between the journal and an enrolled bill, the latter
prevails over the former, save as to matter required by
the Constitution to be enacted in the journal.
51. Adjournment
Art. VI, Sec. 16 (5) adds, “neither the House
during the session of the Congress shall without the
consent of the other, adjourn for more than three (3)
days, nor to any other place than in which the two
Houses shall be sitting.”
52. The Organization of Electoral Tribunal
Each House shall have and Electoral Tribunal, in
which shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective
members. The characteristics and composition are:
53. 1. Each Electoral Tribunal shall be composed of nine
members, three whom shall be justices of the Supreme
Court to be designated by the Chief Justice, and the
remaining six shall be members of the Senate or the
House of Representatives, as the case may be;
54. 2. Membership shall be chosen on the basis of the
proportional representation from the political parties, and
the parties or organizations registered under the party
list system represented therein;
3. The Senior Justice in the Electoral Tribunal shall be its
Chairman (Sec. 17);
4. Members enjoy security of tenure. It is co-terminus
with their legislative term of service;
55. 5. The decision arrived at by the Electoral Tribunal shall
be final. It may be appealed though to the Supreme
Court on the cases or instances of certiorari, grave
abuse of discretion;
6. The Electoral Tribunal shall have jurisdiction over
election contests by the members of the Senate and the
House of Representatives as the case may be. Pre-
proclamation concerns or issues are, however, the
jurisdiction under COMELEC.
56. Organization of the Commission on Appointments
The Congressional and Commission of
Appointments (CA) shall approve all appointments made
by the Chief Executive to various government positions.
All appointments by the President can only be pursued
upon the consent of the Commission on Appointments.
The characteristics of the Commission are as follow:
57. 1. The Commission shall consist of the President of the
Senate, as ex-officio chairman, 12 Senators, and 12
members of the House of Representatives, elected by
each House on the basis of proportional
representation;
2. The Chairman of the Commission shall not vote,
except in case of tie;
58. 3. The Commission shall act on all appointments
submitted to it within 30 sessions days of Congress from
their submission; and
4. The Commission shall rule by a majority vote of all
members (Sec. 18)
59. Inquiries in aid of Legislation
“The Senate or the House of Representatives or any of its
respective Committee, may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The right of
person appearing in or affected by such inquiries shall be
respected” (Sec. 21). The Senate Blue Ribbon committee is an
example.
The power of inquiry and investigation exists not only to
enable Congress to discharge effectively its primarily legislative and
law-making functions.
60. Limitations of the Investigative Power of Congress:
1.Inquiry shall be conducted only in aid of legislation;
2.The Constitutional right against self-incrimination to the person
being investigated shall not be violated;
3.The right to counsel shall be respected to the persons being
investigated in Congress;
4.Each House conducting the inquiry shall publish the rules of
procedure governing the investigation and shall be made known
to the person concerned; and
5.Such congressional inquiry shall not serve a member’s personal
aggrandizement.
61. Question Hour
The question hour is a parliamentary feature
adopted under our presidential system. The power of
Congress to call any head of a department, as its
House Rules shall provide, to appear before and be
heard by the requesting.
62. Declaration of Existence of the State of War
Section 23 writes:
“The Congress by a vote of two thirds of both Houses in
joint session assembled voting separately, shall have the sole
power to declare the existence of a state of war.
In times of war or other national emergency, the Congress
may, by the law, authorize the President, on a limited period and
subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national
policy. Unless sooner withdrawn, by resolution of Congress,
such powers shall cease upon the next adjournment thereof”
63. Appropriation Powers
The Administrative Code of 1987 defined
appropriation as an organized made by law or other
legislative enactment, directing payment out of
government funds under specified conditions and/or for
special programs. Thus, an appropriation bill aims to
authorize the release of public funds from treasury.
64. The following bills shall originate exclusively in the House
of Representatives, but the Senate may propose or concur
with amendments:
1.Appropriation bills
2.Revenue or tariff bills
3.Bills authorizing increase of public debt
4.Bill of local application
5.Private bill
65. A General Appropriation is an annual budget, which the
Congress set aside to appropriate the expenses for the general
operation of the government.
A Special Appropriation is a supplemental appropriation not
contained in the budget.
A Specific Appropriation is an appropriation sets aside a fixed
amount of money for the payment of a certain program.
A Continuing Appropriation refers to the named amount of
money which, when not appropriated at the end of the fiscal year,
shall automatically be accrued for the next calendar year.
66. Other Kinds of Appropriation
1.Tariff bill - is one that imposes revenues or customs duties
for specific purposes. But, a bill imposing high tariff rates in
particular foreign goods with the purpose to protect local
goods on industries against competition is not a revenue bill.
2.Bill authorizing income of the public debt - essentially, a
bill, which facilitates the government to issue bonds and
other forms of indebtedness, which will be chargeable from
future public funds.
3.Bill of local application - a bill that directly allots to local or
municipal appropriation.
67. 4. Private bill - a bill that affects purely private interests,
like indemnification to a person who suffered damages
from the negligence of the government or its agency or
instrumentality or any part thereof.
68. General Rules of Appropriation (See Art. VI, Sec. 25)
1.The Congress may not increase the appropriations
recommended by the President for the operation of the
government as specified in the budget;
2.No provision or enactment shall be embraced in the general
appropriation bill, unless it relates specifically to some
parts/particular of the appropriation therein;
3.The procedures in approving appropriations for the Congress
shall strictly follow the procedure for approving appropriations
for other departments and agencies;
69. 4. A special appropriation bill shall specify the purpose for which it
is intended, and shall be supported by funds actually available;
5. No law shall be passed authorizing any transfer of appropriation,
except otherwise provided by law (Sec. 25{5})
6. Discretionary funds appropriated for particular offices or officers
shall be disbursed only for public use; and
7. if, at the end of any fiscal year, the Congress shall have failed to
pass the general appropriations bill for the ensuring fiscal year, the
general appropriation laws for the preceding fiscal year shall be
deemed re-enacted.
70. Budget
-refers to the financial statement or record of the
central government for an incoming fiscal year, including
the statements of the projected receipts from revenue
collections and expenditures for the year.
Rider
-is prohibited under the Constitution. A rider is a
loose provision or enactment being inserted in the general
appropriations bill, which does not form integral part of
certain appropriation contained therein.
72. A bill is essentially a proposed law by the legislative
department. Each house may propose a bill, when the
House of Representatives proposes one, it shall be called
a House Bill, and when the Senate initiates a proposal, it
shall be called a Senate Bill.
73. The Hodge-podged legislation refers to any
proposed measure consisting of general or more
unrelated subjects, but are integrated in the proposal in
order to guarantee support from members of the
Congress. The avoidance of logrolling legislation is to
ensure enough consideration and support from the
members in regard to the passage of a bill into law.
74. The passage of a bill into law follows strictly the
procedures:
1.First Reading
2.Second Reading
3.Floor Debates
4.Printing and Distributions
5.Third Reading
6.Transmitted to the Other House
7.Submission to Joint Bicameral Committee
8.Approval of Consolidated Bill by Both Houses
9.Submission to the President
10.Veto Power of the President
75. 10. Veto Power of the President
Particularly:
a.Every bill must be presented and approved by the
President;
b.In case, the President disapproves a bill, he exercises
veto power and returns it, with his objection, to the House
where it originated;
c.In case the House, after such deliberation, considered the
bill as proposed, a 2/3 vote may carry its power to
override the veto.
76. Component Parts of a Law
1.Title – refers to the subject matter of the law, or the
Act carried by the legislative department, and the
executive as well.
2.Preamble – introduces the objectives for the
enactment of the Act and explains the general reasons
for such legislation.
3.Enacting Clause – refers to the collective and distinct
will of both Houses to enact an act or a bill. Enacting
clause specifically states the reason for the legislation
Act.
4.Body – pertains to the total substance or content of
the proposed bill.
77. 5. Effectively Clause – indicates the time at which the
law shall take effect. Usually, a law will be enforced
next following the next 15-day publication requirement
in a newspaper of general circulation in the Philippines
or in the Official Gazette, not unless a date is fixed as
to its effectivity.
78. Taxation is a means of raising funds for the operation
of the government, especially its public services. The
distribution of the tax burden should be equitable or fair.
This means a person has to pay taxes based on his ability
to pay. Taxes should serve as tools in facilitating economic
stability and growth.
79. Basis of Taxation
Under the Constitution, the rule of taxation (See
Sec. 28) shall include the following:
1.The rule shall be uniform and equitable;
2.The taxation should be based on progressive income
system;
3.The Congress may authorize the President to fix tariff
rates, import and export quotas, tonnage and wharfage
dues, and other duties and imports, subject to the
limitation of the Congress; and
80. 4. Charitable institutions, churches and parsonages
or convents appurtenant thereto, mosques, non-
profit cemeteries and all lands, buildings, and
improvements actually, directly, and exclusively
used for religious, charitable, or educational
purposes shall be exempt from taxation.
81. Who are exempted from paying taxes?
Charitable institutions, churches and parsonages, or
convents appurtenant thereto, mosques, non-profit
cemeteries, and all other facilities used for religious and
educational purposes.
82. Limitations of the Power of Congress
1.Under Art. III based on the Bill of Rights:
a.That the Congress cannot pass laws impairing the
obligations of contrast (Sec. 10)
b.That no law shall impair the freedom of speech, of
press, and of expression (Sec. 10)
c.That no law shall be made respecting an
establishment of religion or prohibiting the free
exercise thereof (Sec. 5)
d.No person shall be held liable to answer for a criminal
offense without due process of law (Sec. 14)
83. e. No person shall be imprisoned for debts
or non-payment of a poll tax (Sec. 20); and
f. No ex-post facto law or bill of attainder
shall be enacted (Sec. 22)
84. 2. Under Art. VI, Sec. 29
a. Money shall be paid out the treasury, except in the
punishment of an appropriation made by law; and
b. No public money or property shall be appropriated,
applied or 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, preacher, minister
or other preacher, minister or dignitary assigned to the armed
forces, or to any penal institution, or government orphanage or
leprosarium.
85. 3. Art. VI, Sec. 30 states: “no law shall be passed
increasing the appellate jurisdiction of the Supreme
Court as provided in this Constitution without its advice
and concurrence.”
4. Art. VI, Sec. 31 declares: “no law granting a royalty or
nobility shall be enacted.”
5. The Congress cannot pass law granting tax exemption
in the absence of the concurrence of the majority of all
members of the House.
86. Legislative Power of the People
The legislative department is no longer the sole
body or institution, which enact laws and pass
resolutions. Under the 1987 Constitution, the people
have the power to participate directly in legislating laws
through initiative and referendum.
87. Art. VI, Sec. 32 declares: “The Congress shall, as early
as possible, provides for a system of initiative and
referendum, and exemption therefrom, whereby the
people can directly propose and enact laws or approve
or reject any act or part thereof passed by the Congress
or local legislative body after the registration of a petition
thereof 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 3 per centum of
the registered voters thereof.”