1987 Philippine Constitution

Article 6, section 9 - 16

Section 9. In case of emergency in the Senate or in the House of Representatives, a

special election may be called to fill such vacancy in the manner prescribed by law,
but the Senator or Member of the House of Representatives thus elected shall serve
only for the unexpired term.

In Republic Act 6645 it was said that in this section incase of vacancy in the Senate for at least 18
months while for the House of Representatives is at least a year before the next regular election of
Congress.

Section 10. The salaries of Senators and Members of the House of Representatives
shall be determined by law. No increase in said compensation shall take effect until
after the expiration of the full term of all Members of the Senate and the House of
Representatives approving such increase.

Bureau of Treasury- responsible of their salaries.

It must be noted that in accordance with the above provisions, there is no

prohibition against the receipt of allowances by the members of Congress. The
second section, on the other hand, seeks to avoid the recurrence of the abuses
committed by the members of the Old Congress in allotting themselves fabulous
allowances the amount of which they refused to divulge to the people. It is now
provided under the Constitution that the books of accounts of Congress shall be
open to public inspection and must be audited by the Commission on Audit.
Moreover, every member of Congress’ itemized expenditures, including
allowances, shall be published annually for the information of the people. It is
interesting to note that the Constitution in Section 17, Article XVIII, provides the
corresponding salaries of Senators, to wit:

Until the Congress provides otherwise, the

President shall receive an annual salary of three
hundred thousand pesos; the Vice-President, the
President of the Senate, the Speaker of the House
of Representatives, and the Chief Justice of the
Supreme Court, two hundred forty thousand pesos
each; the Senators, the members of the House of
Representatives, the Associate Justices of the
Supreme Court, and the Chairmen of the
Constitutional Commissions, two hundred four
thousand pesos each; and the Members of the
Constitutional Commissions, one hundred eighty
thousand pesos each.
 However, under Joint Resolution No. 1, the salaries of the members of the
Senate is increased to salary grade 33 with monthly equivalent rate of
P35,000.00. The Senate President, on the other hand, is raised to salary
grade 34 with a monthly basic salary of P40,000.00.

Section 11. A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest
while the Congress is in session. No Member shall be questioned nor be held in any
other place for any speech or debate in the Congress or in any committee thereof.

This privilege is intended to insure representation of the

constituents by the members of Congress. In Vera vs. Avelino,
the Supreme Court, quoting a decision of the United States
Supreme Court, explained for whose benefit the right to
parliamentary immunity is secured:

These privileges are thus secured not with the

intention of protecting the members against
prosecutors for their own benefit, but to support
the rights of the people, by enabling their
representatives to execute the function of their
office without fear of prosecution, civil or
criminal.

A member of Congress could only be suspended by the House of

which he is a member and only for the purpose of
self-preservation or self-protection. To protect a member of
Congress from oppression, even this power has been
circumscribed by the 1935 Constitution and further limited by
the 1987 Constitution.

The rationale for this was expressed by the Supreme Court as

early as 11 September 1924 in Alejandrino vs. Quezon:

It is noteworthy that the Congress of the United

States shall not in all its long history suspend a
member. And the reason is obvious. Punishment
by way of reprimand or fine vindicates the
outraged dignity of the House without depriving
the constituency of representation; expulsion,
when permissible, likewise vindicates the honor
of the legislative body while giving to the
constituency an opportunity to elect anew; but
suspension deprives the electoral district of
representation without that district being
afforded any means by which to fill the vacancy.
By suspension, the seat remains filled, but the
occupant is silenced.
Section 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests.
They shall notify the House concerned of a potential conflict of interest that may
arise from the filing of a proposed legislation of which they are authors.

There are some persons who may be tempted to run for Congress not because of a desire to
serve the people but precisely for the protection or even enhancement of their own interests. By
requiring them to make known at the outset their financial and business connections or
investments, it is hoped that their potential for self-aggrandizement will be reduced and they will
be prevented from using their official positions for ulterior purposes. In some countries,
businessmen are required to unload their stockholdings as these might affect their official acts or
at least lead to suspicion of chicanery or impropriety in the discharge of their duties in the
government.

Section 13. No Senator or Member of the House of Representatives may hold any other
office or employment in the Government, or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporations or
their subsidiaries, during his term without forfeiting his seat. Neither shall be
appointed to any office which may have been created or the emoluments thereof
increased during the term for which he was elected.

The first part of this section refers to what are known as incompatible offices, which may not be
held by the legislator during his tenure in Congress. The purpose is to prevent him from owing
loyalty to another branch of the government, to the detriment of the independence of the
legislature and the doctrine of separation of powers.

The prohibition against the holding of an incompatible office is not absolute; what is not allowed
is the simultaneous holding of that office and the seat in Congress. In the case of the rest of the
legislators, any of them may hold another office or employment in the government provided he
forfeits, as a result, his position in Congress.

Forfeiture of the legislator’s seat, or cessation of his tenure, shall be automatic upon the holding
of the incompatible office. Thus, a congress-man who was elected provincial governor was
deemed to have automatically forfeited his seat in the House of Representatives when he took
his oath for the provincial office. No resolution was necessary to declare his legislative post
vacant.

In Adaza v. Pacana, the petitioner and the respondent were elected governor and vice-governor,
respectively, of Misamis Oriental. Both subsequently ran for the Batasang Pambansa, but only the
petitioner won. Adaza then qualified as a member of the lawmaking body, whereupon Pacana
assumed the governorship as statutory successor. Adaza challenged Pacana’s takeover,
contending that under the parliamentary system a legislator could concurrently serve as governor;
hence, there was no vacancy in the governorship that Pacana could fill. Through Justice Escolin,
the Court unanimously rejected this argument and held that Adaza automatically forfeited the
governorship the moment he took his oath as a member of the Batasang Pambansa.

Section 14. No Senator or Member of the House of Representatives may personally

appear as counsel before any court of justice or before the Electoral Tribunals (they
decide the elections protests in the Senate of the Philippines) , or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested financially in
any contract with, or in any franchise or special privilege, granted by the Government, or
any subdivision, agency, or instrumentally thereof, including any government-owned or
controlled corporation, or it’s subsidiary, during his term of office. He shall not intervene
in any matter before any office of the Government for his pecuniary benefit or where he
may be called upon to act on account of his office.

Appearance of the legislator is now barred before all courts of

justice, regardless of rank, composition, or jurisdiction. The
disqualification also applies to the revived Electoral Tribunal and
to all administrative bodies, like the Securities and Exchange
Commission and the National Labor Relations Commission.
Courts martial and military tribunals, being administrative
agencies, are included.

The purpose of the disqualifications is to prevent the legislator

from exerting undue influence, deliberately or not, upon the
body where he is appearing. The pressure may not be intended;
normally, the appearance is enough, considering the powers
available to the legislator which he can exercise to reward or
punish a judge deciding his case or, in the case of the Electoral
Tribunal, his close association with its members. This is the
reason the prohibited appearance must be personal. The
lawyer-legislator may still engage in the practice of his profession
except that when it comes to trials and hearings before the
bodies above-mentioned, appearance may be made not by him
but by other members of his law office.

In Puyat V. De Guzman, a legislator entered his appearance as

counsel for one of the parties to an intracorporate dispute
before the Securities and Exchange Commission. He desisted
when his representation was challenged under the
above-mentioned section. Thereafter, he purchased P200 worth
of stocks in the corporation from the faction he was representing
and sought to intervene in the said dispute, this time as a
stockholder. The Supreme Court did not allow him to do so as his
evident purpose was to circumvent the constitutional prohibition.
Justice Melencio Herrera declared:

Under those facts and circumstances, we are

constrained to hold that there has been an
indirect appearance as counsel before xxx an
administrative body’ and in our opinion, that is
circumvention of the constitutional prohibition.
The intervention was an afterthought to enable
him to appear actively in the proceeding in some
other capacity. To believe the avowed purpose,
that is, to enable him eventually to vote and to
be elected as Director in the event of an
unfavorable outcome of the SEC case, would be
pure naivete. He would still appear as counsel
indirectly.
 Legislators are prohibited from being financially interested in any
contract with the government or any subdivision, agency or
instrumentality thereof, including government-owned or
controlled corporations, or in any franchise or special privilege
granted by any of these during their term of office, because of
the influences they can easily exercise in obtaining these
concessions. The idea is to prevent abuses from being
committed by the members of Congress to the prejudice of the
public welfare and particularly of legitimate contractors with the
government who otherwise might be placed at a
disadvantageous position vis-à-vis the legislator.

It should be noted, though, that not every transaction with the

government is barred by this provision. The contracts referred to
here are those involving "financial interest," that is, contracts
from which the legislator expects to derive some profit at the
expense of the government. An illustration is a contract for
public works or the sale of office equipment or supplies to the
government. By contrast, it cannot be said that the legislator will
profit financially from a contract of carriage with a government
instrumentality like the PAL since it is the carrier that will benefit
from the passenger’s fare.

The last sentence restores an inhibition originally imposed by the

1935 Constitution. Although this provision has never been
judicially interpreted, it may be surmised that the rule shall apply
1to the case, say, of the chairman of the committee on banks
serving as legislative consultant for a private bank.

Section 15. The Congress shall convene once every year on the fourth Monday of July
for it’s 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 thirty days before the
opening of it’s next regular session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at any time.

SONA- is delivered by the President of the Philippines every year.

- is a constitutional obligation required by Artcile VII, Section 23 of the 1987
Constitution. (The President shall address the Congress at the opening of its regular session. He
may also appear before it at any other time.)

Section 16. [1] The senate shall elect it’s President and the House of Representatives it’s
speaker, by a majority vote all it’s respective Members.

Each house shall choose such others officers as it may deem necessary
.
 [2] A majority pf each House shall constitute a quorom to do business, but a
smaller number may adjourn from day to day and may compel the
attendance of absent Members in such manner, and under such penalties, as
such House may provide.

[3] Each House may determine the rules of it’s proceedings, punish it’s
Members for disorderly behavior, and, with the concurrence of two-thirds of
all it’s Members, suspend or expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty days.

Rules of proceedings are needed for the orderly conduct of the sessions of Congress. Unless such
rules violate fundamental or individual rights, they are within the exclusive discretion of each
House to formulate and interpret and may not be judicially reversed.

Without the above provision, the authority to discipline its members can still be exercised by
each House as an inherent power, with the concurrence of a majority vote, conformably to the
general rule on the will of the majority. With this provision, the disciplinary power is not so much
expressly conferred as limited because of the specific conditions laid down for its proper exercise.

Thus, the courts may annul any expulsion or suspension of a member that is not concurred in by
at least two-thirds of the entire body or any suspension meted out by the legislature, even with
the required two-thirds vote, as to any period in excess of the 60-day maximum duration. These
are procedural matters and therefore justiciable.

But the interpretation of the phrase "disorderly behavior" is the prerogative of Congress and
cannot as a rule be judicially reviewed. The matter comes in the category of a political question.
Accordingly, the Supreme Court did not interfere when the legislature declared that the physical
assault by one member against another, or the delivery of a derogatory speech which the
member was unable to substantiate, constituted "disorderly behavior" and justified the adoption
of disciplinary measures.

Other disciplinary measures besides expulsion and suspension are deletion of unparliamentary
remarks from the record, fine, imprisonment and censure, sometimes called "soft impeachment."

[4] Each House shall keep a Journal of it’s proceedings, and from time to
time publish the same, excepting such parts as may, in it’s judgement, 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 Journal.

Each House shall also keep Record of it’s proceedings.

[5] Neither House during the sessions of the Congress shall, without the
consent of the other, adjourn for more than three days, nor to any other place
than that in which the two Houses shall be sitting.

DEFINITIONS
Electoral Tribunals
 * consist of 6 Senators nominated by the Senate.
* 3 justices of the Supreme Court of the Philippines who are designated by the Chief of
Justice- highest judicial officer of the government of the Philippines

Lucas Bersamin- currently Chief of Justic

-(born October 19, 1949)
-is the 25th Chief Justice of the Philippine Supreme Court, the highest
court in the Philippines.
-He was named by then President Gloria Macapagal-Arroyo to the High
Court as an Associate Justice on April 2, 2009.
-Prior to becoming an Associate Justice of the Supreme Court, he was a
member of the Court of Appeals.

Senate
* upper house
* shall be composed of 24 Senators.
* the composition of the Senate is smaller in number compared to the House of Rep.
* 6 year terms with maximum of two consecutive term. (Half of them is elected every 3
years to ensure that the Senate is maintained as a continuous body,)

Vicente "Tito" Castelo Sotto III- Senate President

-(born August 24, 1948)
- is a Filipino politician and the incumbent Senate
President of the Philippines.
- Following the 2016 elections, he is currently serving
his fourth term in the Senate, having served two consecutive terms from 1992 to 2004; he
was re-elected to the Senate in 2010.
-Prior to serving in the Senate, Sotto was an actor,
comedian, songwriter, and bowler before serving as Vice Mayor of Quezon City from
1988 to 1992.

House of Representatives
*lower house
* composed of 234 legislative districts in the function, each composed of about 250,000
people.
* 3 years consecutive terms

Senate and HoR

* they compose the national legislature of the United States.
* equal partners in the legislative process.
* Legislation cannot be enacted without the consent of both chambers.
*Senate ratifies (sign of giving formal consent) and approves Presidential appointment
* HoR initiates (process) revenue raising bills focuses on methods for raising money