Art. VI, Sec. 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.
Composition
(1) Senate President as ex-officio chairman (shall not vote except in case of a tie)
(2) 12 Senators
(3) 12 Members of the HOR
The CA shall be constituted within 30 days after the Senate and the House of Representative shall have been organized with the election of the President and the Speaker. [Sec. 19]
The CA shall act on all appointments within 30 session days from their submission to Congress.
The CA shall rule by a majority vote of all its members.
It is NOT mandatory to elect 12 Senators to the Commission before it can discharge its functions. What the Constitution requires is at
least a majority of the membership. [Guingona v.
Gonzales, 214 SCRA 789 (1992)].
The power to approve or disapprove appointments is conferred on the CA as a body and not on the individual members. [Pacete v.
Secretary (1971)]
Rule on Proportional Representation – The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations.
HOR has authority to change its representation in the Commission on Appointments to reflect at any time the changes that may transpire in the political alignments of its membership. It is understood that such changes in membership must be permanent and do not include the temporary alliances or factional divisions not involving severance of political loyalties or formal disaffiliation and permanent shifts of allegiance from one political party to another.
[Daza v. SIngson (1989)]
The provision of Section 18 on proportional representation is mandatory in character and does not leave any discretion to the majority party in the Senate to disobey or disregard the rule on proportional representation.
By requiring a proportional representation in the Commission on Appointments, sec. 18 in effect works as a check on the majority party in the Senate and helps to maintain the balance of power. No party can claim more than what it is entitled to under such rule. [Guingona v.
Gonzales (1993)]
Meetings
(1) CA shall meet only while Congress is in session.
(2) Meetings are held either (a) at the call of the Chairman or (b) by a majority of all its members.
31 Note: Since the Commission on Appointments is also an independent constitutional body, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary.
Jurisdiction
(1) CA shall confirm the appointments by the President with respect to the following positions:
(a) Heads of Executive departments (except if it is the Vice-President who is appointed to a cabinet position, as this needs no confirmation);
(b) Ambassadors, other public ministers or consuls;
(c) Officers of the AFP from the rank of Colonel or Naval Captain;
(d) Other officers whose appointments are vested in him by the Constitution (e.g.
members of constitutional commissions); [Sarmiento v. Mison (1987)]
(2) Congress cannot require that the appointment of a person to an office created by law shall be subject to CA confirmation.
Appointments extended by the President to the above-mentioned positions while Congress is not in session (ad-interim appointments) shall only be effective:
(1) Until disapproval by the Commission on Appointments; OR
(2) Until the next adjournment of Congress.
G. POWERS OF CONGRESS
G.1. INHERENT POWERSThese are inherent powers of the State which are reposed, under the Constitution, in Congress.
(4) Police Power
(a) Make, ordain, and establish all manner of wholesome and reasonable laws,
statutes and ordinances as they shall judge for the good and welfare of the constituents.
(b) Includes maintenance of peace and order, protection of life, liberty and property and the promotion of general welfare.
(5) Power of Taxation
(6) Power of Eminent Domain (7) Contempt power
G.2. LEGISLATIVE [ATE-M-FEAR-A]
(1) Appropriation (2) Taxation (3) Expropriation
(4) Authority to make, frame, enact, amend, and repeal laws [M-FEAR]
(5) Ancillary powers (e.g. conduct inquiry and punish for contempt [See Arnault v.
Nazareno, 87 Phil. 29 (1950)]
i. Legislative inquiries and the oversight functions
Requisites of Legislative Inquiries:
(1) Must be in aid of legislation
(2) In accordance with duly published rules of procedure
(3) Right of persons appearing in or affected by such inquiries shall be respected
Comparison between Legislative Inquiries and Question Hour [See also Senate v. Ermita (2006)]
Legislative Inquiries Question Hour Constitutional Provision
Art. VI, Sec. 21 Art. VI, Sec. 22 Topic
In aid of legislation On any matter pertaining to the subject’s department Persons Subjected
Any person upon subpoena
Heads of departments only
32 Appearance of Exec. Officials
Appearance of
executive officials generally mandatory
Appearance of
executive officials via request
The mere filing of a criminal or an administrative complaint before a court or quasi-judicial body should not automatically bar the conduct of legislative inquiry. (Standard Chartered Bank v. Senate Committee on Banks, G.R. No. 167173, December 27, 2007)
Additional limitation: Executive Privilege Categories of congressional oversight functions (1) Scrutiny: Passive inquiry, the primary
purpose of which is to determine economy and efficiency of the operation of government activities. In the exercise of legislative scrutiny, Congress may request information and report from the other branches of government. It can give recommendations or pass resolutions for consideration of the agency involved.
(2) Congressional investigation: More intense digging of facts, compared to scrutiny.
Power of investigation recognized by art. VI, sec. 21.
(3) Legislative supervision (Legislative Veto):
Most encompassing form. Connotes a continuing and informed awareness on the part of a congressional committee regarding executive operations in a given administrative area. Allows Congress to scrutinize the exercise of delegated law-making authority, and permits Congress to retain part of that delegated authority.
Through this, Congress exercises supervision over the executive agencies.
N.B. Legislative supervision is NOT allowed under the Constitution. (Abakada Guro Partylist v. Purisima, G.R. No. 166715, August 14, 2008) See also discussion in Checks and Balances, above.
ii. Bicameral conference committee Ways of passing bills:
(1) Jointly - in a joint session; required by the Constitution in special and specific cases (2) Separately - each house takes up the bill on
its own
(a) Simultaneously - houses take up a bill at the same time
(b) Sequentially - bill originates from one house and, upon proper passage, is transmitted to the other house for the latter’s own passage. In case of conflict between the two houses’ versions, a bicameral conference committee is organized.
Bicameral Conference Committee (BCC):
(1) Composed of equal number of members from the Senate and the HOR
(2) Makes recommendations to houses on how to reconcile conflicting provisions/versions (3) BCC members are usually granted blanket
authority to negotiate/reconcile the bills.
(4) At the end of the process, the BCC comes up with a Conference Committee Report, which is then submitted to the respective chambers for approval. Upon approval, the bill may be engrossed.
The Bicam report need not pass through three readings. The Bicam may also include entirely new provisions and substitutions. [See Tolentino v. Sec. of Finance (1994), Phil. Judges Association v. Prado (1993)]
Enrolled bill doctrine –The (a) signing of a bill by the Speaker of the House and the President of the Senate, and the (b) certification by the secretaries of both Houses of Congress that it was passed, are conclusive of its due enactment.
Note: While Tolentino v. Sec. of Finance does NOT hold that the enrolled bill embodies a conclusive presumption,, “where there is no
33 evidence to the contrary, the Court will respect the certification of the presiding officers of both Houses that a bill has been duly passed.”
[Arroyo v. De Venecia, 277 SCRA 278 (1997)]
iii. Limitations on legislative power Formal/Procedural Limitations
Prescribes manner of passing bills and form they should take.
(1) Rider clause: every bill passed by the Congress shall embrace only one subject which shall be expressed in the title. [Art. VI, Sec. 26(1)]
The title is not required to be an index of the contents of the bill. It is sufficient compliance if the title expresses: (1) the general subject and (2) all the provisions of the statute are germane to that subject. [Tio v. Videogram Regulatory Commission, 151 SCRA 208 (1987)]
(2) No bill passed by either house shall become law unless it has passed 3 readings on separate days. [Art. VI, Sec. 26(2)]
(3) Printed copies in its final form must have been distributed to its members 3 days before the passage of the bill. (Art. VI, Sec.
26[2])
Exception: President certifies to the necessity of its immediate enactment to meet a public calamity or emergency
Presidential certification dispenses with the (1) printing requirement and (2) readings on separate days requirement [Kida v Senate, G.R.
No. 196271, Oct. 11, 2011, citing Tolentino v.
Secretary of Finance]
Substantive Limitations
Circumscribe both the exercise of the power itself and the allowable subject of legislation Express limitations:
(1) On general powers - Bill of Rights [Art. III]
(2) On taxation [Secs. 28 and 29(3), Art. VII]
(3) On appropriation [Secs. 25 and 29(1) and (2), Art VI]
(4) On appellate jurisdiction of the SC [Sec. 30, Art. VI]
(5) No law granting title of royalty or nobility shall be passed [Sec. 31, Art. VI]
Implied Limitations:
(1) No power to pass irrepealable law
(2) Non-encroachment on powers of other departments
(3) Non-delegation of powers
Limitations on revenue, appropriations, and tariff measures
Appropriations General Limitations:
(1) Appropriations must be for a public purpose.
(2) The appropriation must be by law.
(3) Cannot appropriate public funds or property, directly or indirectly, in favor of
(a) Any sect, church, denomination, or sectarian institution or system of religion or
(b) Any priest, preacher, minister, or other religious teacher or dignitary as such.
Exception: if the priest etc. is assigned to:
(a) The Armed Forces;
(b) Any penal institution;
(c) Government orphanage;
(d) Leprosarium.
(4) Government is not prohibited from appropriating money for a valid secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the police also protects the safety of clergymen. Also, the temporary use of public property for religious purposes is valid, as long as the property is available for all religions.
34 Specific Limitations
For General Appropriations Bills [Sec. 25(1)-(5)]
(1) Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget.
(2) Form, content and manner of preparation of the budget shall be prescribed by law.
(3) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein.
(4) Procedure in approving appropriations FOR THE CONGRESS shall strictly follow the procedure for approving appropriations for other departments and agencies.
(5) No law shall be passed authorizing any transfer of appropriations. However, the following may, BY LAW, be authorized to AUGMENT any item in the general appropriations law for their respective offices FROM SAVINGS in other items of their respective appropriations:
(a) President
(b) Senate President (c) Speaker of the HOR
(d) Chief Justice of the Supreme Court (e) Chairs of Constitutional Commissions Guidelines for disbursement of discretionary funds appropriated for particular officials: [Sec.
25(6)]
(1) For public purposes
(2) To be supported by appropriate vouchers (3) Subject to such guidelines as may be
prescribed by law
If Congress fails to pass the general appropriations bill by the end of any fiscal year:
[Sec. 25(7)]
(1) The general appropriations bill for the previous year is deemed reenacted
(2) It shall remain in force and effect until the general appropriations bill is passed by Congress.
For Special Appropriations Bills
(1) Shall specify the purpose for which it is intended
(2) Shall be supported by funds
(a) actually available as certified by the National Treasurer; or
(b) to be raised by corresponding revenue proposal therein
Limitation on Use of Public Funds [Sec. 29]
(1) No money shall be paid out of the National Treasury except in pursuance of an appropriation made by law.
(2) However, this rule does not prohibit continuing appropriations, e.g. for debt servicing, for the reason that this rule does not require yearly or annual appropriation.
[See Guingona v. Carague (1991)]
Four phases of Government’s budgeting process:
(1) Budget preparation (2) Legislative authorization (3) Budget execution (4) Budget accountability Taxation [Sec. 28]
Nature of provision
Sec. 28 is a listing of the limits on the inherent and otherwise unlimited power
Purposes of taxation
(1) Pay debts and provide for the common defense and general warfare;
(2) Raise revenue;
(3) Instrument of national and social policy;
(4) Instrument for extermination of undesirable acts and enterprises;
(5) Tool for regulation;
(6) Imposition of tariffs designed to encourage and protect locally produced goods against competition for imports.
35 Limitations
(1) Public purpose – Power to tax should be exercised only for a public purpose.
(2) Uniform and equitable
(a) Operates with the same force and effect in every place where the subject of it is found
(b) Classification for the purpose of taxation is not prohibited per se, BUT it must comply with the Test of Valid Classification [See Ormoc Sugar Central v.
Ormoc City [1968], on equal protection and local taxes]
Test of Valid Classification
(1) Based on substantial distinctions which make real differences
(2) Germane to the purpose of law
(3) Applies to present and future conditions substantially identical to those of the present
(4) Applies equally to those who belong to the same class
Progressive
The rate increases as the tax base increases Tax burden is based on the taxpayers’ capacity to pay
Suited to the social conditions of the people Reflects aim of the Convention that legislature following social justice command should use taxation as an instrument for more equitable distribution of wealth
Progressive taxation is a directive to Congress and is not a judicially enforceable right [Tolentino v. Secretary of Finance, supra]
Constitutional Tax Exemptions:
(1) Religious, charitable, educational institutions and their properties
(2) All revenues and assets of stock, non-profit educational institutions are exempt from taxes and duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational purposes [Art. XIV, Sec. 4(3)]
(3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax, subject to conditions prescribed by law [Art. XIV, sec. 4(4)]
Special Funds
(1) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only.
(2) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government
Presidential veto and congressional override Submission to the President; President’s Veto power [Sec 27, Art VI]
Every bill, in order to become a law, must be presented to and signed by the President.
If the President does not approve of the bill, he shall veto the same and return it with his objections to the house from which it originated.
The House shall enter the objections in the journal and proceed to reconsider it.
The President must communicate his decision to veto within 30 days from the date of receipt thereof. Otherwise, the bill shall become a law as if he signed it. (“Lapsed into law”)
To override the veto, at least 2/3 of ALL the members of each house must agree to pass the bill. In such case, the veto is overridden and becomes a law without need of presidential approval.
36 General Rule: Partial veto is invalid; all-or-nothing
Exceptions:
(1) Veto of particular items of an appropriation, tariff, or revenue bill
(2) Doctrine of Inappropriate Provisions Item veto
The President may veto particular items in an appropriation, revenue or tariff bill. The whole item (and not just a portion) must be vetoed.
[Bengzon v. Drilon (1992)]
Item – in a bill, refers to the particulars, the details, the distinct and severable parts; an indivisible sum of money dedicated to a stated purpose; in itself, a specific appropriation of money, not some general provision of law, which happens to be in an appropriation bill.
The president cannot veto unavoidable obligations, i.e. already vested by another law (e.g. payment of pensions, see Bengzon, supra).
This veto will not affect items to which he does not object.
Veto of a Rider
A rider is a provision which does not relate to a particular appropriation stated in the bill.
Since it is an invalid provision under Art. VI, Sec.
25(2), the President may veto it as an item.
The executive's veto power does not carry with it the power to strike out conditions or restrictions.
If the veto is unconstitutional, it follows that the same produced no effect whatsoever, and the restriction imposed by the appropriation bill, therefore, remains. (Bolinao Electronics Corp v.
Valencia [1964])
Doctrine of Inappropriate Provisions
A provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto (i.e. treated as an item) even if it is not an appropriation or revenue item. [Gonzales v.
Macaraig (1990)]
G.3. NON-LEGISLATIVE
(1) Power to canvass the presidential elections;
(2) Declare the existence of war;
(3) Give concurrence to treaties and amnesties;
(4) Propose constitutional amendments;
(5) Impeachment i. Informing function
Via legislative inquiries: Conduct of legislative inquiries is intended to benefit not only Congress but the citizenry, who are equally concerned with the proceedings. [Sabio v.
Gordon (2006)]
ii. Power of impeachment
The HOR shall have the exclusive power to initiate all cases of impeachment. [Sec. 3(1)]
Initiation