I.

Definition

Doctrine of
Separation of Powers

Blending of powers

Check and Balance

Potestas Delegata

Referendum

Pebliscite
Riders

Residence

Hodgepodge or log-
rolling legislation

Power of subordinate
legislation
Three branches of the Government must discharge their respective functions within the limits of
authority conferred by the Constitution. Neither of them may encroach on fields allocated to other
branches of government
Instances under the Constitution when powers are not confined exclusively within one department but
are in fact assigned to or shared by several departments
Means of which one department is allowed to resist encroachments upon its prerogatives or to rectify
mistakes or excesses committed by the other departments

"What has been delegated cannot be delegated". It is based upon the ethical principle that such
delegated power constitutes not only a rught but a duty to be performed by the delegate.

Right reserved to the people to adopt or reject any act/measure which has been passed by a legislative
body. It is a method of submitting an important legislative measure to a direct vote of the whole people,
the submission of a law passed by the legislature for their approval or rejection

Place where one habitually resides and to which, when he is absent, he has the intention of returning

any act containing several subjects dealing with unrelated matters representing diverse interests, the
main object of such combination being to unite the members of the legislature who favor any one of the
subjects in support of the whole act
Chapter 8

3 rules in determining 1. A man must have a residence or domicile somewhere

residence/domicile 3. When
2. once established, it remains until a new one is acquired
A man can have but one residence or domicile at a time

Expression unius est Qualifications are exclusive with the result that it is not competent for Congress to provide by mere
exclusio alterius legislation fro additional qualifications no matter how relevant they may be

2 Kinds of House of 1. District Representative

Representatives 2. Party List Representative

3 different groups
that may participate 1. National Parties or Organizations
2. Regional Parties or Organizations
in the party list 3. Sectoral Parties or Organizations
system

In case of vacancy in the Congress, a special election may be called to fill such vacancy in the manner
Election prescribed by law but the elected member shall serve only for the unexpired term

Determined by law. No increases in compensation shall take effect until after the expiration of the full
Salaries term of all the Members approving such increase.

2 Kinds of immunity 1. Privilege from Arrest

for Congress 2. Privilege of Speech and Debate

Privilege from Arrest On all offenses punishable by not more than 6 years imprisonment

2 requirements must concur

Privilege of Speech
and Debate 1.) Remarks must be made while the legislature is in session
2.) Remarks must be made in connection with the discharge of official duties

All members upon assumption of office shall make a full discosure of their FINANCIAL and BUSINESS
Conflict of interest interests. They shall notify the House of any conflicts of interests that may arise from filing of proposed
legislation

Terms means the time during which the officer may claim to hold the office as of right, and fizes the
Terms vs Tenure interval after which the several incumbents shall succeed one another while tenure represents the period
during which the incumbent actually holds the office.
 a. may not personally appear as counsel before any court of justice or quasi judicial and other
Inhibitions and administrative bodies
Disqualifications b. may not be directly or indirectl interested financially in any Government contract or franchise
c. shall not intervene in any matter before any office of the Government for his pecuniary benefit

Quorum any number sufficient to transact business, which may be less than the majority of the membership

1 Senate Pres as chairman

Commission on 12 Senators, 12 Members of Lower house= basis of proportional representation from political parties
Appointments
Shall act on appointments within 30 days; Shall meet only while the Congress is in session

Electoral Tribunal functions even on a recess

appointments made during the recess; effective only until disapproval by COA or until next adjournment
Ad interim of the Congress
appointments
If the Congress is in session, the President must first clear his nominations with COA.
Chapter 9

Appropriation Bill One the primary and specific purpose of which is to authorize the release of funds from the public
treasury
Revenue Bill One that levies taxes and raises funds for the government
Tariff Bill Specifies the rates or duties to be imposed on imported articles
Bill increasing the
public debt
Bill of local involving purely local or municipal matters
application
Private bills bill granting honorary citizenship to a distinguished foreigner

Prohibited Measures Certain measures that may not be passed by the Congress owing to the nature of our government or to
specific prohibitions in the Constitution
e.g., No law granting a title of royalty or nobility shall be enacted, No law increasing the appelate
jurisdiction of the SC without its consent

Formalities passed 3 readings on separate days. Final copies given 3 days before its passage except when immediate
enactment is needed (public calamity or emergency)

Conference Composed of representatives from the Senate and Hor which is a mechanism for compromising
Committee differences between their respective versions of the bill

Appropriation is a statute, the primary and specific purpose of which is to authorize the release of public funds from the
treasury

Implied Limitations 1. Devoted to a public purpose

on appropriation 2. Sum authorized to be released must be determinate or at least determinable

1. Appropriation bills should originate from HoR

2. Discretionary funds disbursed only for public purposes
3. Special appropriations shall be supported by funds actually available as certefied by the National
Constitutional Treasurer
Limitations on
appropriation 4. May not increase appropriations recommended by the Pres
5. No appropriation for sectarian purposes
6. Automatic reappropriation

Budget is only a proposal, a set of recommendations on the appropriations to be made for the operations of the
government

Uniformity in Taxation Persons or things belonging to the same class shall be taxed at the same rate

Equality in Taxation Tax imposed to be determined on the basis of the value of the property; Tax burden must be imposed
according to the taxpayer's capacity to pay

Progressive Taxation one which tends to accelerate instead of arrest economic growth

2/3 vote declare the existence of a state of war

2 classes of 1. referendum on statute

referendum 2. referendum on local law
Chapter 6

Judicial Legislation Courts limit the application or coverage of a law, or impose conditions not provided therein

Tests to determine whether a

given power has been validly 1. WON the power in question, regardless of its nature has been constitutionally conferred (express, implied, incidental)
exercised by a particular 2. WON the act in question had not been performed in accordance with the rules laid down by the Constitution
department

Doctrine of implication The grant of an express power carries with it all other powers that may be reasonably inferred from it

2 Features of Republicanism 1. Separation of powers

2. Delegation of powers

Gonzales vs Office of the A Deputy Ombudsman is not an impeachable officer. Hence providing for their removal from office on the same grounds
President as removal by impeachment is invalid, betrayal of publice trust being a mere ground for impeachment.

The Court took jurisdiction on the question whether or not the composition of the Electoral Tribunal (8 coming from
Tanada vs Cuenco majority and 1 from minority) has validly complied with the requirement of 3 nominations each for the party with first and
second largest number of votes

Chapter 7

Reason for delegation of Increasing complexity of the task of the government and the growing inability of the legislature to cope directly with the
legislative power many problems demanding its attention.

Plebiscite The electoral process by which an initiative on the Constitution is approved or rejected by the people

Tests of Delegation 1. The Completeness Test

2. The Sufficient Standard Test

Sufficient Standard Intended to map out the boundaries of the delegate's authority by defining the legislative policy and indicating the
circumstances under which it is to be pursued and effected
A place where one habitually resides and to which, when he is absent, has the intention of returning

Any act containing several subjects, dealing with unrelated matters, representing diverse interests, the main object of such com
members of the legislature who favor any one of the subjects in support of the whole act
Irrelevant or unrelated provisions indicated in the general appropriations act
a device to obtain the dircet vote of the people for some political importance
What has been delegated cannot be delagated. It is based on the ethical principle that suc delegated power is not only a right b
delegate
instances in the constitution wherein one department is allowed to resist encroachments to its prerogatives and rectify or mod
other departments
Power is not confined exclusive in one department but in fact is assigned to or shared by several departments
1. Sep of power

2. Blend

3. checks and bal

4. Potestas
delegata

5. Referendum

6. Pebliscite

7. Riders
8. Residence
9. subordinate
legis

10. hodgepodge

Permissible
delegation

conditions for
emer powers
procedure

bill to law

cwt cai

hor originate

justiciable vs poli

incomp vs forbid

enrolled bill vs
statute
Complete test

potestas

why one subj

Pelaez vs auditor
general
Three branches of the government must discharge their functions within the limits of the authority conferred under the Consti
functions allocated to other branches of the Government. This is to prevent concentration of power to one person or group of
error or abuse in its exercise
Powers are not confined exclusively in one department but are in fact assigned to or shared with other departments

One department is allowed to restrict encroachments on its prerogatives and to rectify mistakes and excesses committed by th

What has been delegated cannot be delegated. It is based on the ethical principle that such delegated powers constitutes not o
the delegate through the instrumentality of its own judgment and not the intervening mind of another
It is a reserved right to the people to adopt or reject any act or measure which has been passed by the legislative body. It is a m
legislative measures to a direct vote of the people, the submission of the law of the legislature for their approval or rejection
It is a device used to obtain direct popular vote on a matter of political importance. It is the electorate process by which an initi
rejected by the people
Irrelevant or unrelated provisions found in a bill, such as the general appropriates bill
A place where one habitually resides and to which, when he is absent, he has the intention of returning

It is a need to delegate to the administrative bodies, the authority to promulgate rules and regulations to implement a given st

Any act containing several subjects, dealing with unrelated matters, representing diverse interests, the main object of such com
the legislature who favors any one of the subjects in support of the whole act

1. tariff to pres
2. emergency to pres
3. people at large
4. local gov
5. admin bodies

1. there must be an existing war or other calamities

2. the delegation should be for a limited period only
3. the delegation should be subject to such restrictions as provided by the Congress
4. the exercise of the emergency powers is to carry out the national policy declared by the congress
1. Any member of the congress introduces the bill
2. The number and title of the said bill is read at the firstreading. The Senate pres or speaker of the house recommends the bill
3. it is killed or recommended for approval
4. If approved, it shall be calendared for the secon reading, the most important stage wherein the bill is read at its entirety scr
5. Upon passing the 2nd reading, it shall be printed at its final form and will be given to all memberd of the originating house a
6. No further amendments are allowed during the third reading and the same shall be voted upon by the yeas and neas of ths
7. If approved already, it shall be submitted to the other house where it will undergo 3 readings as well.
8. If there are differences between the versions of both houses, it shall be settled by the conference committee assigned for th
9. Upon settlement in the conference committee or upon approval without amendments by the other house, it will be signed b
and their respective secretaries
10. It will be submitted to the president for his approval

1. Presidents signs it
2.President vetoes it but the veto is over riddeny by the 2/3s vote of the members of each house
3. President does not act upon the measer within 30 days after it shall have been duly presented to him

canvass pres elections

declares existence of a state of war
give concurrence to amnesties and treaties
propose consti amendments
impeach

appropriation
revenue
tariff
local app
increasing pub debt
private bills

A justiciable question is a question of a violation of rules conferred under the powers of the Constitution, where a procedure i
a court can exercise its jurisdiction. Political questions are those, which are decided by the people by their sovereign capacity a
their discretionary authority as delegates. It is associated with the wisdom and efficacy and not the legality of a particular act

An incompatible office is when no legislator is allowed to hold office or position to a government agency including government
without forfeiting his seat in the Congress while a forbidden office is ahen no member of the house shall be appointed to any g
or the emoluments thereof have increased during his tenure

An enrolled bill is a bill that has passed the Congress attested thereto by the signatures of the senate pres, speaker of the hous
chamber and approved by the president while a statute is a written will of the legislature, solemnly expressed according to the
once approved becomes a statute
The judicial power shall be vested in one Supreme Court and such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demand
whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch o

It is when a law, in all its essential terms and conditions are complete when it leaves the legislature so that there will be nothin
reaches him except to enforce it. A law is complete when it sets forth therein, the policy to be carried out, executed and implem

what has been delegated cannot be delegated. It is based on the ethical principle that such delegated powers constitute not on
the delegate through the instrumentality of its own judgement and not the interevening mind of another. The delegation is due
of the government and the growing inability of the legislature to cope with many problems that may demand its attention

To prevent hodgpodge and logrolling legislation, to prevent fraud and surprise upon the legislators and to fairly apprise the peo
being taken into consideration so that they may be given an opportunity to be heard by petition or otherwise if they should so

In this case, the Supreme Court ruled in favor of Pelaez stating that a law should pass twi tests in order
Sep of pow

Blending

Checks and bal

potestas non

inititative

referendum

plebiscite

riders
residence

prohibited measures

appropriation

subordinate legis

hodgepodge

delegation of legis

emergency powers condi

procedure approval of bil

bill into law

non legis power of congress

bills originate hor

justiciable vs poli

incompati vs forbidden

enrolled bill vs statute

judiciary provision

completeness test
potestas non delegata
why only one subject
legis power
pelaez case
The three branches of the Government must discharge their functions within the limits of the authority conferred under the Co
of them may encroac on the functions allocated to other branches of the Government. It is to prevent the concentration of pow
person or group of persons that may result to an irreversible error or abuse in exercise to the detriment of the republican State

Powers are not confined exclusively in one department but are in fact assigned to or shared by other departments

One department may reject encroachments upon its prerogatives and rectify mistakes or excesses committed by the other dep

What has been delegated cannot be delegated. It is based on the ethical priniciple that such delegated powers constitute not o
duty to be performed by the delegate through the instrumentality of its own judgment and not through the interfering mind o

It is the power of the people to propose bills or law and accept or reject them at a poll, independent of the legislative assembly

It is a right reserved to the people to adopt or reject any act or measure which has been passed by the legislature. It is a meth
important legislative measure to a direct vote of the people, the submission of the law by the legislature for their approval or r

It is an electoral process by which an initiative on the Constitution is approved or rejected by the people. It is a device used to o
popular vote on a matter of political importance
It is an irrelevant provision found in a bill such as the general appropriations bill
A place where one habitually resides and to which when he is absent, he has the intention of returning
Measures that cannot be passed by Congress by the reason of the structure of our Government or of the prohibitions laid dow
Constitution
An act, the primary and specific purposes is to allow the release of public funds from the national treasury
It is a need to delegate to the administrative bodies the authority to promulgate rules and regulations to implement a given act
its policies
any act containing several subjects, dealing with unrelated matters, representing diverse interests, the main object of such com
the members of the legislature who favir any one of the subjects in support of the whole act

tariff to pres
emergency to pres
people at large
local government
admin bodies

1. there must be an existing war or other calamities

2. The delegation must be for a limited period only
3. The delegation must be subject to such restrictions as the congress may provide
4. the exercise of the emergency powers must be to carry out the national policy declared by the congress
1. A bill is introduced by any member of the house
2. On first reading, the title and number of the bill is read. It is referred by the senate pres or speaker to the proper committee
3. it can be killed or recommended by the proper committee, after which it will be calendared for the 2nd reading
4. On second reading, the bill is read on its entirety, scrutinized, and debated upon. This is the most important stage.
5. After amendments in the 2nd reading, copies of the final version shall be printed and be distributed to all the members of th
house at least three days before the passage of the bill
6. On third reading, the members of the house vote by yeas and neas on the passage of the bill. No further amendments is allo
7. Upon approval by the majority of the members of the originationg house, it will be submitted to the other house where it w
three readings.
8. If there are differences in the version of the bill between the two houses, a conference committe will be called upon to settle
9. Upon settlement in the conference committee, all members shall vote by yeas and neas on the passage of the bill.
10. If approved, the senate president, speaker of the house, and respective secretaries of each chambers shall affix their signat
enrolled bill to for approval of the president

1. When the president signs it,

2. When the presdient vetoes it but the veto is overriden by 2/3 votes of the members of each hose
3. When the president does not act upon the measure within 30 days after it has been presented to him

Qualifications on the members of the Congress are exclusive and cannot be altered by the Congress by means of a legislative a

1. appro
2. tariff
3. revenue
4.local app
5. increase public debt
6. private bills

A justiciable question is a question of a violation of the rules conferred under the power of the constitution, where a procedure
concerns the limits of the court of its exercise of judcicial authority. A political questions is when it is questioned by the people
capacity and the congress or executive branch in theor discretionary authority as delegate. It is associated with the wisdom an
the legality of the act

Judicial power shall be vested in one Supreme Court and such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demand
enforceable and, to determine whether or not there has been grave abuse of discretion amounting to lack or excess jurisdictio
any branch or instrumentality of the Government.

It is the power of law making, formulating and enacting laws. Its specific power are appropriation, taxation and exproriation

The tests of valid delegation have been discussed in this case. The Supreme Court uphel Pelaez and
An incompampatible office is when a legislator shall not hold office or position in any government agency including the goccs,
forefeiting his seat in the congress while a forb office is when no members of the house shall be appointed to a government ag
been created or the emoluments there of has increased during his tenure

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the factual basis of the proclamation of marti
suspension of the privilege of writ or the extension thereof, and promulgate its decision within 30 days after it has filed