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Article VI.

Legislative Department  Grants legislative power to the person in whom was vested the
totality of the executive power
 1973 Constitution provided for two concurrent legislative
Section 1. THE LEGISLATIVE POWER shall be vested in the agencies
Congress of the Philippines which shall consist of a Senate and a  Batasang Pambansa
House of Representatives, except to the extend reserved to the people  President
by the provision on initiative and referendum.  Also enabled the president to supply for legislature in case he
Bicameral Body – End vote was 23-22 in favor of a Bicameral deems it was lacking
Congress.  1986 Provisional Freedom Constitution
Legislative Power – derivative and delegated power from the  Granted legislative power to the President until a legislature
Constitution is elected under a new Constitution
 Grants plenary power, unlike U.S.  Difference of Marcos and Aquino legislative powers:
 Non-delegability of legislative power. Congress also can’t pass  Marcos exercised the power concurrently with the interim
irrepealable laws BP and subsequently with the regular BP
Separation of Powers – the 1987 Constitution restored separation  Aquino exercised it alone
of powers  Aquino lost this power on July 26, 1987
 System of Checks and Balances – no one department can act Non-delegability of legislative power
without the cooperation of at least one other department  Corwin on non-delegability
Limits on legislative power  Three Ideas:
 Substantive – found in bill of rights  Separation of powers becomes useless
 Procedural – manner and form of passing bills  Due process of law
Holders of legislative power  Delegata potestas non potest delegary – maxim of
1. Congress – made up by the HOR and Senate agency
2. People through Initiative and Referendum – where original  What about administrative agencies that have regulatory powers?
legislative power comes from Two theories, but both are concerned with law-execution not law-
 Sec. 32 provides: Power to enact laws/ reject laws: Petition making
has been signed by at least 10% of the total number of  A non-legislative body may be authorized to fill up the
registered voters, of which every legislative district must be details of a statute
represented by at least 3% of the registered votes  Congress may leave to another body the business of
 Subject to limitations Congress may impose ascertaining the facts necessary to bring the law into actual
 Question: Can Congress give to the President veto power operation
over laws passed through initiative and referendum? Only if  Requisites for delegating power:
he is given a role by law.  Be complete in itself
3. President in emergency – extraordinary legislative power given  Fix a standard, the limits of which are sufficiently
to the President to enable him to cope with an extraordinary determinate or determinable
situation  If these requirements are not satisfied, the regulation is not
 Jurisprudence: allowed to affect private rights.
 Aquino, Jr. v COMELEC –recognized legislative power in the  Jurisprudence:
President as flowing from his martial law powers and Art. 17, Sec.  Philippine International Trading Corporation v Angeles –
3(2) of the 1973 Constitution due to the complexity of modern society, the legislature
 Amendment 6 of 1973 Constitution needs the help of administrative bodies
 People v Rosenthal – the standard should be decided case-  “as may be provided by law” mechanics for electing the
to-case basis, according to its peculiar environment (Also, Senators at large and not to the number of senators
Araneta v Gatmaitan)  Manner of electing senators can also be changed only through
 Question: Since rules and regulations promulgated by constitutional amendment
administrative agencies pursuant to a valid delegating statute Section 3. No person shall be a senator unless he is a natural-born
have the force of law – may their violation be punished as a penal citizen of the Philippines, and, on the day of the election, is at least
offense? They may. thirty-five years of age, able to read and write, a registered voter,
 Three rules for an administrative regulation to have the force and a resident of the Philippines for not less than two years
of penal law: immediately preceding the day of election
1. Such violation be made a crime by the delegating Qualification of Senators
statute itself  Residence requirement is satisfied if one is domiciled in the
2. The penalty be provided by the statute itself Philippines even if not physically present in the Philippines
3. Regulation be published during the two-year period
Developments in Jurisprudence  Age qualification must be possessed on the day the votes are cast
 Edu v Ericta – to determine whether there is undue delegation,
the inquiry must be directed to the scope and definiteness of the Section 4. The term of office of the senators shall be six years and
measure enacted shall commence, unless otherwise provided by law, at noon on the
Exceptions to non-delegability thirtieth day of June next following their election.
 Local governments may be allowed to legislate on purely local No senator shall serve for more than two consecutive terms.
matters. What is given is true (original) legislative power and not Voluntary renunciation of the office for any length of time shall not
just the power to promulgate rules and regulations be considered as an interruption in the continuity of his services for
 They don’t have to follow the rules for valid delegation. It is the full term for which he was elected.
enough that the statute indicates the subject matter over The Term of Senators; staggering of terms
which the local law-making agency may legislate  Term of senators came out as a party of a total package to
 Local governments may also be given executive functions. facilitate the synchronization of the elections
 Congress can give President powers necessary and proper to carry  A senator could run for office again three years after his second
out a declared national policy IN TIMES OF WAR. term
 Congress has the authority to delegate the power to fix tariff rates,  Those elected in May 1987 elections had a term of five years
import and export quotas, tonnage and wharfage dues, and other Section 11. A Senator or Member of the House of Representatives
duties and imposts. shall, in all offenses punishable by not more than six years
Section 2. THE SENATE shall be composed of twenty-four senators imprisonment, be privileged from arrest while the Congress is in
who shall be elected at large by the qualified voters of the Philippines, session. No member shall be questioned nor be held liable in any
as may be provided by law other place for an speech or debate in the Congress or in any
Composition and Election of Senate committee thereof.
 Basis for 24 senators: Privilege from Arrest
 Quality legislation; smaller number means superior quality  Same parliamentary immunity from arrest enjoyed by the
 Higher number would tend to dilute the quality of the Senate members of the Parliament of England and by members of the
 The number of senators can be changed through constitutional US Congress
amendment  Covers o