Article VI: Legislative Department

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. I. legislative power
- The AUTHORITY to make laws and to alter or repeal them. A. Possessor i. People o o Power is given up by the people to the Congress in order to preserve themselves (Bautista) The grant of national legislative power to Congress is not exclusive. except to the extent reserved to the people by the provisions on initiative and referendum (sec. 1, Art. VI) Initiative and Referendum provisions is contained in sec. 32 of Art. VI: The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exception 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 therefore, signed by at least 10 per centum of the total number of registered voters, of which every legislative district must be represented by at least 3 per centum of registered voters thereof. o 2 kinds of Legislative Power a. Constituent Power Amendatory Process The power to amend or revise the Constitution Art XVII of the 1987 Constitution contains provisions on the amendatory process: Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least 12 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 thereinThe Congress shall provide for the implementation of the exercise of this right. b. Ordinary Power Initiative and Referendum The power to PASS ordinary laws Differs with republican constitutional theory where original legislative power belongs to the people and this power is conferred to Congressderivative legislative power. Section 32 of Art. VI elaborates indicates that ordinary power is exercised through initiative and referendum Legislative Intent: The purpose is to institutionalize people power by providing an instrument which an be used should the legislature show itself indifferent to the needs of the people. ii. Congress The 1987 Constitution restored bicameralism with the following rationale: 1. Senate provides a NATIONAL PERSPECTIVE to check the parochial tendencies of district representatives; 2. More CAREFUL STUDY OF LEGISLATION because bills proposed are deliberated at the lower and upper houses before enactment (system of checks and balances) 3. Legislature is LESS SUSCEPTIBLE OF CONTROL by the Executive 4. TRAINING GROUND for national leaders (Senate) Senate (Upper house) Senate is more powerful because legislative power is delegated to a smaller number of senators vis--vis district representatives House of Representatives (Lower house)

B. Kinds
1. Original vs. Derivative Original Power is possessed by the sovereign people

Derivative Power is the power delegated by the sovereign people to the legislative body

2. Constituent vs. Ordinary Constituent Power is the power to amend or revise the Constitution Ordinary Power is the power to pass ordinary laws

3. Unicameral vs. Bicameral Unicameral system only have one legislative body e.g. 1973 National Assembly Bicameral system has two legislative bodies

C. Scope
Exceptions: Congress may not pass irrepealable laws because it affects the plenary power of present and future legislatures. The power of any legislature can be limited only by the Constitution. Differs from the legislative power of the US Congress which consists only of the legislative powers enumerated in the Federal Constitution PLENARY in scope which means Congress may legislate on any subject matter

D. Limitations
1. Substantive vs. Procedural Substantive limitations refer to the CONTENTS of a law It must not go against the Constitution Constitutional Process Internal Rules Procedural limitations refer to the MANNER in which laws are passed

E. DELEGATION
3 Doctrines explain why legislative power cannot be delegated (Nondelegability of legislative power) 1. Separation of Power

Why go to the trouble of separating the 3 powers of government if they can reemerge on their own?

2. Due Process of Law Precludes the transfer of regulatory functions to private persons 3. Delegata potestas non potest delegari No power can be further delegated Delegation of legislative power or transferring it to the President is considered a national breach

o Exceptions:
1. Constitutional Delegation Art VI, Sec. 23 (2) states: In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe to exercise powers necessary and proper to carry out a declared national policy Art. VI, Sec. 28 (2) states: 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 national development program of the Government. 2. Administrative Agencies 2 schools of thought on delegation of legislative power (not law-making but law-execution) to administrative agencies, according to CJ Marshall: Congress delegates legislative power to nonlegislative bodies Congress passes contingent legislation which leaves to another body, the business of determining facts necessary to bring the law in actual operation

3. Local Government A local law-making agency may be given executive functions and in this case, the rules applicable to administrative agencies are applied

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