Understanding Legislative Power and Congress

So, legislative power is the power or authority under the Constitution to make laws. That is the work of the legislature, to make laws, to alter the law, or altogether repeal the law. That is the work of the Congress. Now, President Duterte said, stop the investigation. Is the President correct? Not really, because under Section merong plenary power ang Congress to conduct investigations in aid of re-election. I mean, in aid of legislation. Sorry, sorry. Okay? So, it is vested in, or legislative power is vested in Congress. Ayan yan. The Constitution is the basis for legislative authority. It lies at the foundation of all law and is a rule and commissioned by both legislators and judges are to proceed. That's what Van Horn said. That's what the U.S. Supreme Court said. Now, legislative power is vested in our system in the Congress. Don't call it Congress. Congress. Congress. Okay? Which is composed of the Senate and the House of Representatives. I mean, Representatives. There. Kinatawan, ha? Hindi yung kinawatan. Kinatawan, ha? Sa Tagalog. Now, pwede rin namang yung legislative power is with the people themselves under Article 6, Section 1 by the System of Initiative and Referendum. Okay? The grant of legislative power to Congress is plenary. When I say plenary, there's no limitation. Congress can legislate, can make law. on any topic at all. Kasama na dyan yung pagpapalit ng mga pangalan ng mga streets. Kailangan pa pala ng Kongreso. Oo, in Quezon City, meron yatang bill. I don't know kung sign na ba ito. Changing the name of Roosevelt Avenue. Galing kay President Delano Roosevelt. Or Tudor Roosevelt or Franklin Roosevelt. Ngayon ay FPJ Avenue. Fernando Pond Jr. Avenue na. pagka napirmahan na ni Presidente yung bill na yon. So, walang limitasyon ang power ng Congress except those provided under the Constitution. Of course, general rule, they cannot legislate on something that is immoral or something that is against the Constitution. Although sometimes, they legislate on matters which they believe are constitutional, but when the Supreme Court says they are unconstitutional, then Congress cannot do anything. Because the final arbiter of the constitutionality of the law is the Supreme Court. Now, what about initiative and referendum? Under Section 32 of Article 6, there is the power to initiate referendum, the power of the people to propose and enact laws or approve or reject any act or law, partner of, passed by Congress or local legislative body. If Congress does not want to act, people can make people's initiative. However, there should be an implementing rule. As in the case of Santiago v. Comelec and the subsequent case of Lambino v. Comelec as regards people's initiative to amend or revise the Constitution. Now, under our system, there is... a provision in Article 2 of the Constitution that Congress must enact a law defining political dynasty. The Congress doesn't want to act. Probably, that can be the subject of initiative by the people. Because if we really want to ban the political dynasty, you cannot prevent something that is not well-defined. The problem with the Constitution is that The definition of political dynasty, as it will be prohibited thereafter, belongs to Congress. And until now, since 1987, Congress has not issued or enacted a law defining what is political dynasty. That is the problem. So people may opt to have an initiative to define and prohibit that kind of practice, political dynasty. now the operation of operationalization of initiative and referendum has been left by the Constitution to Congress. That's according to Father Bernas. That's why Congress enacted Republic Act 6735, providing for a system of initiative and referendum. However, in the case of Santiago versus Comelec, 1997, March 19, if I'm not mistaken, March 19, 1997, Republic Act 6735 cannot be used to amend the Constitution via people's initiative. Because when we discuss amendments or revisions, under Section 2 of Article 17, there is a mention of people's initiative. Now, in the case of Santiago v. Comelec, the petitioners questioned The move of Pirma, siguro bata pa kayo nito, at the time that the presidency of Fidel Ramos was about to end in 1997, there were moves to amend the constitution and extend the term of office of the sitting president. Parang sounds familiar, no? Kasi sigurado sila na ang mananalo si Erap Estrada. in the 1998 presidential elections. Of course, the contracts with ERAP will do what they can. So, they signed to amend the Constitution via People's Initiative. Senator Miriam Santiago, Senator Raul Rocco, and several other senators questioned it. And then when it reached the Supreme Court, the Supreme Court said, curiously too, while Republic Act 6735 exerted utmost diligence and care and providing for the details in the implementation of initiative and referendum on the national and local legislation, thereby giving them special attention, it failed rather intentionally to do so on the system of initiative on the amendments to the Constitution. So it is very clear that you cannot use people's initiative. to amend the constitution okay so we'll discuss that in details when we reach the topic on amendments and revisions of the constitution clear now our congress is a bicameral legislative body you have the senate and the house of representatives but But allow me to just very briefly run through with the qualifications. The senators are elected. They are 24, but they are staggered. So every three years, we elect 12 senators. They cannot all be finished because in the first election of the senators, the first 12 had a six-year term. The second 12, 13 to 24, add a three-year term. Pero in subsequent elections, six years na sila palagi. That was a way of the Constitution to make it, so that the Senate will not be vacated entirely at all times. So may matitirang labing dalawa. Okay? So, the qualifications you're following, you can just read them in the Constitution. Okay? Natural born citizen, pwede ba dito yung nasisarihan yung nanay? Pwede naman. Who are natural born citizens? We talk about that in another lecture about citizenship. So they are citizens of the Philippines from birth who do not have to do anything to perfect or complete their Philippine citizenship. At least 35 years old, okay, pwede na pala ako. Okay, 35 eh. Able to read and write. Why are you still doing bar exam? You can still be a senator. Your qualification is higher there. You're students. You're able to read and write. That's why it happens to our children. Able to read and write. Even the dropout in kindergarten, you can do that. As long as it's readable. Well, the intention of the lawmakers or the framers of the Constitution is to make it equal for everyone to run for the Senate if they have good intentions. But you know, I'm with Kuya Will. I want to give him a jacket. Right? Because if he runs, he will win. I know. He's very popular now, right? Especially with his jackets. He's a Chinese. He gave Jackie Chan. Isn't that China? Jackie Chan. Okay. So, he said, what am I going to do with that? Awards to that. I watched it on YouTube. He didn't want to because what will he do? He can't make it higher. I'm a nice person. I want to say something to him. Because he can easily win. Sorry. He can easily win. I sentence it. Not like the others. They're happy to be a senator. There. So a resident of the Philippines for at least two years before the election. The term of office is six years. But can be re-elected for another term. So maximum is 12 years. Two terms. Now we have the House of... representatives. I said, kinatawan. Mga bisaya, kasi kinawatan. Hindi, hindi kinawatan. Kinatawan. Okay. So, 250 members yan nakalagay sa Constitution and elected by qualified voters all over the country or different districts or through the party list kasi there are two kinds of representatives. You have... The district representatives, pare-pareho naman ang qualification yan. Natural born, 25 years old, able to read and write. Ay pwede na pala yung tumakbo, able to read and write lang naman eh. Registered voter, resident of the Philippines for one year, at sila ay three years on term, but can be re-elected for another three-year term. So nine years on total. What's the distinction between term and tenure? In a very old case, the term means the time during which the officer may claim to hold the office as of right and fixes the interval after which the several incumbents shall succeed one another. So that's the term. Tenure represents the term during which the incumbent actually holds the office. So kung 3 years yung term, e dalawang taon lang siya kasi na-disqualify na on the third year o nag-resign, e di 2 years lang yung tenure niya. So the term is not affected by the holdover capacity. Ang tanda na nito, no? 1946 case. Now, we have the district representatives. They are elected from the different legislative districts. Apportioned among the provinces, cities, and Metro Manila area. Now, how do we apportion legislative districts? One, by law. At yung batas na yan, maaring general appointment of law or special law, like creation of a new province. Now, the power to apportion legislative districts... is textually committed to Congress by the Constitution. In other words, only Congress can create a province. That's the case of SEMA versus COMELEC. If you remember that case, there was an ordinance from the ARMM Legislative Assembly. Because under a law, The ARMM has a functioning regional government. So there's a legislative body. So the ARMM legislative body issued an ordinance creating the province of Sharipkabunsoan, as you can see in your screen. Sharipkabunsoan carved from Maguindanao and Cotabato provinces. Now, there's an election. Bay Sandra Sema and... Congressman, who is this? Ah, Didagan Bilanggalon. There. Okay. So, now, of course, the one who won is happy. The one who didn't win, denied. He didn't win. That's why he went to the Comelec. Okay? On the issue of election fraud, no problem. There's no problem. But on the issue of the constitutionality of the creation of Sharif Kabunsuan, As a province, the court ruled it was unconstitutional. Only Congress can create a province. Okay? Since the Sheriff Cabunzuan created it, a legislative assembly ng isang region also created by Congress? Hindi pwede. Because the court said, if you create a province, necessarily meron kang at least one representative in Congress. O, paano yun? The creation, creating an office in the creator? Parang gumawa ka ng robot, tas yung robot binagdagang ka ng tenga. It's not possible. The spring cannot go beyond its source, as they say. Now, by law, a province may be created, a province may be divided. Like that province of Palawan under Republic Act 11259. So when there's a referendum, your Palawan were asked, do you want there to be three Palawan? It's not possible. It's just Palawan. Because you'll have Palawan, Palat 2, Palat 3. That's bad. So, palawan lang. So, nanalo yung no. So, isa pa rin ang palawan. Kaya, palawan. Okay. Now, proportional representation based on the number of inhabitants. So, normally, 250,000 may isa ka ng representative in Congress. Okay? Now, each province, irrespective of the number of inhabitants, shall have at least one representative. And that is the case, I think, of Marinduque. There is only one representative. At siya ngayon yung speaker of the house. Diba? In the case of Katanduanes, there is only one representative. Siguro less than 250,000 ang tao nila. Okay? Ngayon, each legislative district shall comprise as far as practicable, contiguous, compact, and adjacent territory. So magkakadikit. Diba? There was another law dividing Quezon into two. Quezon del Norte and Quezon del Sur. But I think there was a TRO so kaya hindi natuloy yung, although tapos na yung election kaya yung bilangan lang ang problema. And then within three years, after the return of each census, kasi ang census natin every five years eh. Dapat noong 2020 may census tayo eh. Kaya lang nagkaroon ng, ito nga, COVID hanggang ngayon. So yung mga tauhan ng PSA hindi makalabas. So wala tayong census yata last year. Now, every three years, ang Congress nire-revise ito. Kaya new districts are created. And then, in 2014 bar exam, multiple choice, yun yung one point lang. Ang tanong, gerrymandering refers to the practice of just one point. Ayan, may choices kayo. Okay? Ang daming choices, one point lang. And what is Your choice, the answer is letter A, creating or dividing congressional districts in a manner intended to favor a particular party or candidate. Bakit siya gerrymandering? Siya ay originally ginamit itong si, the original word gerrymander, written gerrymander, was used for the first time in Boston Gazette. Massachusetts USA and then the word was created in reaction to a redrawing of Massachusetts State Senate, election districts under the Governor Elbridge Jerry so in America, the Governor is the executive of a state and the state has its own legislative body so there's a Senator there's a Congressman and So nung makita yung drawing, yung Boston Gazette, ayan, sabi ng isa, it looks like a salamander. Pero sabi ng writer, it looks like gerrymander to me. Referring to the creator, si Governor Eldridge Gerry. Okay? Doon ang origin ng gerrymandering. Maliwanag. Instead of salamander, it's like gerrymander. So, did that happen in the Philippines? Sometimes, in the early, late 2010-2011, there was a province that was created. 2010. There was a province created by Republic Act 9355, known as Dinagat Islands. It was part... of Surigao del Norte in northern Mindanao. So, a law was created creating the province of Dinagat Islands. Ang sabi ng mga petitioners, gerrymander daw yan. Although di naman si Governor Jerry kaya lang ginagamit na ito ngayon. As a term, when you divide a legislative district to favor a candidate. Yan ang literal meaning niyan. So, gerrymandering is a term employed to describe an appointment of apportionment. of representative districts to contrive as to give an unfair advantage to the party in power. That is what the member of the Constitutional Commission, Father Joaquin Bernas, said. He has just been elected. So, the Constitution proscribes. It disallows or prohibits gerrymandering as it mandates its legislative district. to comprise, as far as practicable, a continuous, compact, and adjacent territory. So you now understand the concept of gerrymandering. Iba naman yung mandarin, sa China naman yun. Now, how many district representatives? Well, 250, pero may kasamang 20% na sectoral representative known as the party list. In the 18th Congress, ngayon yan, there are 304 seats in the House of Representatives. So 20% of 304 reserved for the party list. 80% for the district representatives. Right? So, may legislative district ka at may party list. Now, under Section 5. paragraph 2, ito yung itatayo kong party list na uhaw para sa kapakanan ng mga lalaki. Kaya lang, baka ma-disqualify tayo kasi mamaya, sasabihin ng Banat versus Comelec at Paglaon versus Comelec, the nominee must not only be a member, he must belong to the sector he is representing. Ay ma, di-disqualify tayo dyan. I do not belong to the sector. Iba ang sektor namin. Ang sektor namin ay Sansui. Sansoot-soot ni misis, uwi. Okay? Yan daw yung mga merong asma. Ba't asma? Pag may tanong, asma wipe. O kaya chemist. Bakit chemist? Chemisis umaasa. Mga house as bad, dano. Okay. So under Section 5, Paragraph 2, Article 6, party list representative shall constitute 20 percentum of the total number. Okay? Siya kung for a 20% party list. Saan mang gagaling? The labor sector, peasant, urban poor, indigenous cultural communities, women, youth, and such other sector as may be provided by law except the religious sector. Okay? E bakit merong Sibap? Ano ba yung Sibap? Citizens'Battle Against Corruption. E no problema nun? E ki brother Eddie Villanueva yun, di ba JIL? E bakit merong buhay hayaang yumabong? That's the problem of life. It's related to Mike Velarde. But the Supreme Court said it's not the religions. Those are charismatic groups. Okay. They have a religion. So we have the Republic Act 7941. The Partylist Law. If you want to vote for this, it's a lie. These are the lies. The right wing is a lie. The Philippines is a lie. It's a lie. Magkalasing lahat ng tao, aangat ka dyan. Delikado yan. Okay. So the party list representatives shall be 20%. And then, the parties receiving at least 2% of the total votes cast for the party list system shall be entitled to at least one seat. Ang binibilang natin ay yung boto lang sa party list. Kasi hindi lahat ng butante bumoboto sa party list. So yung 2% na yan, hindi diyang kasali. yung hindi bumoto sa party list because that would be unfair naman daw to the party list. At may bibilang, hindi naman bumoto. Now, those who garnered more than 2% of the votes shall be entitled to additional seats in proportion to the number of votes provided they shall not exceed three seats at one time. Okay? Kasi katulad nung banggitin na natin yung bayan muna. Sometimes, it gets 15%, 10% when you get acubicol. So who are the qualified sectors under 7941? The qualified sectors are these. Wait, there's a lack. There are women, there are youth, there are elderly. Why aren't there men? We will really enter the fire. Now, who are the disqualified? Religious sector. Foreign organizations. Those advocating violent means or unlawful means. Now, those who do not receive support or receive support from foreign government, etc. That is prohibited. Those who are unqualified are disqualified. The Supreme Court said no. Because they represent also a sector. Kami kasi ng Komelik, hindi po pwede based on moral ground. Anong moral ground pinagsasabing niyo? Pagka ba LGBT ka, immoral ka na. Hindi naman. It does not follow. As long as you are not doing anything that is contrary to morals, you are not considered immoral. So kaya yung unled lad ay qualified. Pero kung yung isang commissioner ng Komelik ang susundin, hindi sila qualified. So, if it violates or fails to comply with the laws and regulations relating to election, declares untruthful statement in the petition, cease to exist for at least one year. Or fails to participate in at least two preceding elections. Or nag-participate man, but fail to get at least 2%. Because if you have 2%, at least you have one seat. There are two elections and you don't get 2%, well, think about it. So you can surrender so you won't get hurt, like the police said. You surrender so you won't get hurt. Okay? Now, in the case of Veterans Federation versus Comelec, again, 20% 2% threshold. Only those who garnered 2% shall be given a Therefore, if you cannot get 2%, you don't have a seat, even one. And then three seats limitation or proportional representation. Because if you get 15%, you have seven seats, then you're the only one. So let's distribute it. Now, in that ruling in Veterans Federation, the 20% is a threshold. Meaning, this is the... that's the ceiling. There is no need to fill up all the 20% at any given point. It just means that they will not exceed 20%. However, in the case of Banat versus Comelec, Banat, Paranggay, whatever, what the Supreme Court said, wait a minute, when we say that the limitation is 20%, we need not fill it up. What will happen is that 20% will not be filled. So that's why the so-called Panganiban formula was revised. The Panganiban formula is the formula in the Veterans Federation. So in the case of Bannat v. Comelec, the court said that the three-seat cap as a limitation to the number of seats that a qualified party-list organization may occupy remains valid. However, that device, I valid statutory device that prevents any party from dominating the party list elections. Since for party list shall, does be allocated in accordance with the procedure may be in a table. But what comes out here, the 20% limit must be filled up. Every election must be filled up. So the question here is, what if, let's say there are 60 seats allotted for party list, ang nakakuha lamang ng 2% ay 45. Pwede lahat sila may tigiisa so 45 na. May 15 na natitira. And then, yung second round, yung nakakuha ng more than 2%. They're entitled to additional seats. For every 2%, One seat. We still have some left. We think there are 10 left. Wala nang nakakuha ng 2%. If we follow the Veterans Federation ruling, there is no need to fill that up kasi ceiling lang yan. But in the case of BANAT versus COMELEC, it must be filled up. So anong gagawin natin? Ipaparapol natin yung natitirang 10 upuan? Hindi. Gagawin yan, irarank sila depending on the number of votes they got. And then, yung first 10 sa ranking, they will receive at least one seat. Nakuha natin? So in other words, even if the party list did not get 2%, there is a strong possibility na makakuha siya ng isang upuan on that third round. Kasi first round, lahat na naka 2% may guaranteed seats. Second round, additional seats for those who garnered more than 2% of the votes. E may natitira pa. you'll have your third round. You will be ranked according to the votes garnered and the top 5, top 10, or kung ilan yung seats available will be distributed accordingly based on the ranking of the remaining party list who did not get at least 2%. So napakadaling maging congressman ngayon. Di ba? Kasi kahit di ka makakuha ng 2%, basta mataas yung rank mo on the third round. you get at least one seat. Now in the case of Atong Paglaong, of course, alam niyo yung paglaong, di ba, pag-asa or hope. Ang sabi ng Korte Suprema, there are three different groups that may participate in the party system. So hindi lang sektoral. Number one, national parties or organizations. Okay? Tulad nung ano ba yung mga national organizations? Yung bayan muna. Regional parties or organizations. What is that? I'm a bigot. I'm a bigot. Is there a bigot? There's none. Is there a bigot? Is there a bigot? There. I know. There's always a bigot. I'm a bigot. There's always a bigot. Then, the sectoral parties or organizations. Because some people think that the party is sectoral. No. That's the three groups who may participate in the party-list election. Okay. Now, national parties or organizations, regional parties or organizations do not need to organize along sectoral lines. Because they are not sectoral. And do not need to represent any marginalized or underrepresented sector. Ako Bicol, wala naman nire-represent siya kung di mga Bicolano. Regional eh. Anwaray. Anbatanggenyo. Walang ang Tagalog. Magpayo kaya tayo ang mayaman. Kasi puro sila makamahirap eh. Bawa naman yung mga mayayaman. I-represent natin. Now, political parties, can they participate? Yes, they can participate in the party-less election. Provided. they register under the party list and they do not field candidates for the legislative district. Dati sabi, hindi pwede ang political parties, di ba? At according to the court, pwede. Pero wag kang mag-field ng district representative. Now, a political party, whether major or not, that fields candidates in the legislative district election, pwede pa rin mag-participate sa party list. Through what? through the sectoral wing. For example, PDP against youth sector. If there is a PDP against a candidate in the Congress of the Bacolod, its youth sector can still participate in the sectoral wing. Not many can participate in this party list. You will be surprised. There is a new generation. Meron buhay, may sibap. Ano pa? Si Mocha meron ngayon. Mocha. Ano yung Mocha? Mothers for Chains. Kailangan ko dati sila ay sosyo ka sosyo. Walang naki sosyo eh. Yung pinalitan, ginawang Mocha. Mothers for Chains. Mother ba siya? Now, the sectoral wing by itself, an independent sectoral party, and it's linked to a political party through a coalition. Right? Pwede yan. And The sectors that are marginalized and underrepresented, ito na yung nasa Constitution. Saman dyan yung women, etc. Kaming mga lalaki, hindi yata kami marginalized, wala kami dyan. The sectors that lack well-defined political constituencies include professionals. Sino yan? Ang bantay. Ano yung ang bantay? Mga security guards. The elderly. Or the senior citizen. Women. There's the Gabriela. And the youth. Kabataan. Partylist. All of them have representatives. No un-men. None. Majority of the members of the sectoral parties or organizations that represent the marginalized and underrepresented must belong to the marginalized. Like the Kadamay. You represent the urban poor. You should join them. Now, similarly, a majority of the members of the sectoral parties or organizations that lack well-defined political constituencies must belong to the sector they represent. That's why, as the Supreme Court said, the youth cannot be represented by a retiree. Okay? Now, While searching the internet, ito nakita ko ito. Pambansang Union ng Kalilakihan Inaapi. Para ang pangit ano. Hindi akin yan. Sa Google nakita ko lang yan. So, the nominees of sectoral parties or organizations that represent marginalized and underrepresented or those that lack well-defined political constituencies must either belong to the respective sectors or must have a track record of advocacy for the respective. sectors. So following this, Gabriela can be represented by a man. Eh kasi baka meron siyang track record of advocacy. O, security guards, inire-represent ng tao, di naman siya gwardiya. Pwede kasi baka advocacy niya yun. OMG. La tayo magagawa eh, that's the ruling of the court, di ba? Now. The nominees of the national or regional parties or organizations must be bona fide or good faith members of the parties or organizations. Now, regional, national, and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, provided they have at least one nominee who remains qualified. You will submit five names to the Comelec. But the three will sit. What will you do with the two? That's just a reserve. Because if there's a disqualified, you can change. For as long as not all of them are disqualified. There should be one who qualifies. Okay? So how much is their salary? There. Salaries of the members of the House and the Senate. It's in the law. We have the salary standardization law. And they cannot increase that until after the expiration of the full term of all the members of the Senate and the House of Representatives. And they cannot be arrested under Section 11 of Article 6. All offenses provided, not more than six years of imprisonment. If more than six years, they can be arrested. And while Congress is in session. So if Congress is not in session, even if it's less than six years, they can be arrested. So these two requirements must be present. Now in the case of people versus halusos, you know this case, right? What's involved there is congressman and the case is statutory rape. So, he is asking for permission from the Supreme Court to attend hearings and sessions of Congress. Because his case is already convicted but on appeal to the Supreme Court. The Supreme Court said it cannot be. Because membership in Congress does not exempt an accused from statutes and rules which apply to validly incarcerated persons. So, where is the... equal protection, right? You're both convicted. One rationale behind confinement is public self-defense. it would amount to creation of a privileged class without justification in prison. Because if you're convicted, there's a right to attend, what about the others? Therefore, he was provided with an office in the new-believed prison. So he was given an office there. The congressman said, if you don't allow me to attend the sessions of the house, that would deprive my constituents. of their representation in Congress. Well, Sabi ng Korte, that does not matter. When you were elected by your constituents, they knew for a fact that you have been convicted. So they know that at any time, well, you are not a free man, right? At any time, there can be affirmation of the sentence, so you will be deprived. And they will be deprived of their representation in Congress. And they know that, right? So, kaya hindi siya pinayagan na mag-attend. But later on, I think he was given pardon by President Gloria Arroyo. So, kaya malaya na. Now, no member shall be questioned or be held liable in any other place for any speech or debate in Congress or any committee thereof. Ito yung privilege nila for speech and debate. case of Jimenez versus Cabangbang said expression refers to utterances made by congressmen in the performance of their official functions as such that speech delivered or statements made votes cast in the halls of congress while the same is in session as well as bills introduced in congress whether the same or in session or not and other acts performed by congressmen either in Congress or outside the premises, housing its offices, and the official discharge of their function or duties as members, duly authorized to perform its function as such at the time of the performance of the action question, then they cannot be held liable. So that is our problem. Now, each house of Congress can discipline its members for disorderly behavior. Remember that, no? Now, paano natin tatanggalin ng isang senador o congressman through the ethics committee? Pero kailangan natin ng two-thirds vote of all the members of that house. So, two-thirds ng mga senador kung senador, two-thirds ng mga congressman kung congressman. Okay? Now, what constitutes disorderly behavior is entirely up to the Congress to define. Yung bang pagmumura. can discipline its members through the so-called ethics committee. Now, there are disqualifications. What do we mean by incompatible office? Under Section 13, Article 6 may not hold any other office or employment in the government during his term without forfeiting his seat. There was a congressman representing a district in a province, was appointed as trade and industry secretary. He has an option, he can remain a congressman or accept the appointment in the executive, but he has to forfeit his seat because that is an incompatible office. Forfeiture of the seat in Congress shall be automatic upon assumption of the member. of such office deemed incompatible. So pag hindi niya naman tinanggap, okay lang. Pero pag tinanggap niya upon assumption, tanggal na siya sa Kongreso. Now, you also have the concept of forbidden office under Section 13 also of Article 6. He may not be appointed to any office created or the emoluments thereof increased during the term for which he was elected. He cannot validly take The office, even if he's willing to give up his seat, the effect of that is on the incompatible office. Because in the incompatible office, if you give up, you're okay. But if a forbidden office, a new office is created and it was created during the term of a member of Congress, and of course, he is part of the creation of this office through a law, he cannot ban his congressional seat and occupy this new office. Why? It seems like our Constitution is very distrustful of the members of Congress. There are a lot of prohibitions. Well, better be safe than sorry. Yan ang pandyan ng konstitusyon, ano? And also, a member of Congress cannot personally appear as counsel before any court, electoral tribunal, quesad judicial, and administrative bodies during his term. And the word appearance includes filing of pleadings. Now, we also have the concept of conflict of interest. What is that? A member of Congress shall not be financially interested, directly or indirectly, in any contract with or franchise of special privilege granted by the government during his term of office. Shall not intervene in any matter before any office of the government when it is for his pecuniary benefit where he may be called upon to act on account of his office. So, iniiwasan lang dito yung financial gain na mai-impluensyahan. Ibig ba sabi, di na pwede mag-negosyo si Senador? Pwede naman. Kaya lang yung negosyo niya ay dapat hindi mag-conflict of interest. Hindi dapat regulated or meron siyang intervention using his office as a member of Congress. Okay? Now. In disciplining members, ito yung sabi dyan ng Korte Suprema, San Thiago versus Sandigambayan. The suspension contemplated in the above constitutional provision is a punitive measure that is imposed upon determination by the Senate or the House of Representatives. Kaya ang sabi natin, a vote of two-thirds of all its members. Hindi nung buong Congress, but member of each House. You also have electoral tribunals. The Senate has its Senate Electoral Tribunal composed of six senators dominated in the Senate depending on their party affiliation and three justices of the Supreme Court designated by the Chief Justice. There is also such a composition in the House of Representatives Electoral Tribunal. And the chairman... is the most senior justice who was appointed there. Now, in the case of Aquino v. Comelec, the Electoral Tribunal clearly assumes jurisdiction over all contests relative to election, returns and qualifications of candidates for the Senate or the House only when the latter become members of either Senate or the House of Representatives. Kailan nagiging miyembro ng Senate o ng House ang isang kandidato? Ito ang sagot. Well, a candidate who has not been proclaimed and who has not taken his oath of office is not a member of the House. So the moment he took his oath as a member of the House or the Senate, then he becomes a member. So yung question sa qualification, will now be under the jurisdiction of the electoral tribunals, no longer by the Comelec. In other words, post-proclamation controversy. After assumption, the electoral tribunal. But before that pre-proclamation controversy, we all know it's in the jurisdiction of the Comelec. Okay? So from electoral tribunal, let us proceed to section 21. These are... Inquiries in aid of re-election, I mean legislation, sorry, sorry. Congressional inquiries in aid of legislation. So, during the presidency of Gloria Macapagal-Arroyo, there was Executive Order 464, preventing the members of the executive from attending congressional hearings. Parang may katunog ngayon yan, di ba? The President is forbidding the Congress to attend the cabinet members and other members of the Executive Department. Now, is it? Is the president allowed to prohibit his cabinet members and other executive officers from attending it? The answer is no. According to Senate v. Ermita, although there is no provision in the Constitution expressly investing either House of Congress with power to make investigations and exact testimony to the end that it may exercise its legislative function, advise me and effectively, such power is so far incidental to the legislative function as to be implied. So wala nga sa Constitution pero kailangan nila ito sa kanilang paggawa ng batas eh. In other words, the power of inquiry with process to enforce it is an essential and appropriate auxiliary to the legislative function. Kasi kung gagawa sila ng batas, yung power nila to make laws, a plenary, how can they do it if they cannot exhaust all resources available to aid them in crafting a new law or amending the existing law? Now the Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with the duly published Rules of procedure and the rights of persons appearing in or affected by such inquiries shall be respected. So these are now the two limitations on the power of Congress to conduct inquiries in aid of legislation. One, publish the rules. Two, respect the rights of people appearing. That is why when... A resource person, actually they are not witnesses, they are called resource persons. When a resource person during investigation, as you can see now, during the investigation of the Blue Ribbon Committee, chaired by Senator Gordon, when he said, I am invoking my right to self-incrimination, although the invocation is wrong, I invoke my right against self-incrimination. Because whatever you may say may be used against you. So you do not want to answer it. Meron ka dapat kasamang abogado if you want to, pero the lawyer cannot talk on your behalf. Ikaw yung resource person eh. Now, there is a distinction between Section 21 of Article 6 and Section 22 of the same article. Section establishes crucial safeguards that proscribe the legislative power of inquiry. The provision requires that inquiry be done in accordance with the duly published rules of procedure. Therefore, if you have not published your rules, you cannot use this in aid of legislation. Publish your rules first. Okay? Not necessarily implying the constitutional permittee. of an inquiry conducted without duly published rules of procedure. Obvious nyo yung rules nyo. And the investigation must be in aid of legislation. Yan ang sabi ng Constitution at sabi rin ng Korte Suprema. And respect the rights of the people appearing thereto. Anong rights yan? Yung mga rights nila under the Bill of Rights. One of which they cannot be compelled. to be a witness against themselves, following Article 3, Section 17 of the Constitution. So, kahit anong klaseng investigation, basta in aid of legislation, the President cannot prevent anyone from being subpoenaed and being required to appear there too. So, we will repeat that in the Senate v. Ermita. This should be based on... The President's consultant advised him that we cannot do that. Right? Or the consultants. Whatever it may be, it's wrong. We'll go back to EO 464. And then the President says, Section 22 of Article 6, it says, The heads of departments may, upon their own initiative, with the consent of the President. This is what the President is saying, but not under Section 21. What's the difference? Because this is a question hour in the exercise of the oversight function of Congress. In layman's terms, they are asking what happened to the projects we conducted. But that is not in aid of legislation. When questions shall be submitted to the President, written questions, shall be submitted to the President of the Senate or the Speaker of the House. at least three days before the scheduled appearance. Interpolations, however, shall not be limited to the written questions already submitted, although it should be related. Now, when the security of the state or public interest so require, the President so states in writing, We are in a secretive session so it will not be televised. So what is the difference between Section 21 and Section 22? Sections 21 and 22, therefore, while closely related and complementary, should not be considered as pertaining to the same power of Congress. One specifically relates to power to conduct inquiries in aid of legislation. The aim, therefore, is to elicit information That may be used to create a law. Therefore, that is plenary, meaning walang limitasyon, basta kailangan gagawa sila ng batas, and the rights of the people appearing thereto shall be respected and the rules published. Yun ang limitasyon sa Section 21. Whereas in Section 22, pertains to the power to conduct question hour, the objective of which is to obtain information in pursuit of Congress Oversight Faction. Nakuha niyong kaibaan eh. If you have questions, you may type your questions in the chat box and we will try to answer your questions. Baliwanag ah yung distinction ng Section 21 at Section 22 of Article 6. Kasi nga, naging issue na naman ito because the Senate Blue Ribbon Committee at yung House, kumabul din. But the tone of their investigation is very obvious that it's different. The House is against Malacanian. That's the observation. The Senate is against Malacanian. That's the observation. That's why they're choosing to attend. But the President said, don't attend. The President cannot do that. We will go back to that Senate v. Ermita case once more. If the President would be insistent on that. Well, the President has already signed the order. But if the Senate would stand on its ground, it would reach the Supreme Court again. Let us see whether the court affirms its earlier ruling in Senate v. Ermita or it will have another ruling for that matter. Then, what does the Constitution say? A bill should have one title embraced in one. One subject embraced in one title. But the title of the bill is not required to be an index of the body. Kasi ma-exce lang yung title eh. Baka naman pagkahaba-haba na, hindi naman thesis yan o dissertation. Pagkahaba-haba ng title, ano? The title, however, must be comprehensive as to cover the single detail. O yung mga detalya nasa body na yan. Now. To require every end and means necessary for the accomplishment of the general objectives of the statute to be expressed in its title would not only be unreasonable, but would actually render legislation impossible. And take note that there are bills that must originate exclusively from the House of Representatives. Under Section 24, it says, All appropriation for the budget, revenue or tariff bills, taxes, bills authorizing increase of public debt, bills of local application, private bills must originate exclusively in the House of Representatives, but the Senate may also propose or concur with amendments. So this is in the exercise of This power, the Senate may propose an entirely new bill as a substitute measure. Kaya minsan, hindi magkatugma yung mga version. But the Congress should follow that provision in Section 24. A senator may not introduce a bill that would increase taxes. He has to wait for a bill originating from the House, and then when it reaches the Senate, he can create his own bill. Neither. amending the proposal of the house or proposing an entirely new bill. Kasi magkakaroon naman yan ang compromise version. So appearing on your screen is the process of legislation. Can you see it? Clear ba? So there are two chambers that was taken from the Senate Journal. At saka doon sa... reviewer for the civil service examination. Kapangalang ko yung isang author dun. Kaya hiniram natin ito. So, if the bill is filed in the house, it has to pass through three readings. You can see there what happens on the first, second, and third reading. Okay? And then it will be, if it passes through three readings, On third reading, it is approved. It will be submitted to the other chamber. Meaning, nag-originate sa House, is submit natin sa Senado. And you have to understand, and I know by now you know, that the Senate and the House are co-equal bodies. No one is above the other. Although sabi nila, mas mga matatanda lang, hindi naman siguro tama yung matatanda. Mas may edad lang kasi ang requirement 35. sa house 25. So, syempre, mas ma-advance na yung edad. Now, but they have equal powers. That is to legislate. Okay? So, assuming na ipasa on the third reading, pupunta yan sa Senado. And the Senate will conduct the same kind of process, three readings din, than on separate days. So it's hard to make a law. That's why Kuya Will said, I don't know how to make a law, what will you do with it? At least he's not pretentious. Maybe you should be a mayor, a vice mayor, it's easy because you will enforce the law. Others will make the law. But you yourself will make the law, we are in danger. So there's a senator who delivered his privileged speech. It's normal, when you speak, someone will ask you. So you don't want to be interpellated because you are not my teacher, I am not your student. OMG. So you don't understand the process in the Senate. Right? There. I didn't say who, just Google it and YouTube it. Okay? If you're a senator, congressman, you're ready to be interpellated. There's another one. Senator Drilon said, Why would we have to put the Philippine Boxing Committee or Philippine Boxing Commission under the office of the President? Whatever he said. Who proposed this Philippine Boxing Commission? Of course, the boxing champion. But what Senator Drilon is interpreting is not a good answer. It's really difficult. You know, the one who knows what he's saying because he's a lawyer, he's been in the Senate for a long time. Or the other one, a new one, who has good intentions. But remember, good intentions are not enough to be a good lawmaker. The best arsenal of resources. So you have a car. If you hit the gas pedal, if there's no gas, it won't run. It will stop. okay so the senate will do the same problem is there are now two versions so what do we do with the two versions of the bill same bill but two versions the senate and the house by camera conference committee composed of the senators and members of the house they are there because of their party affiliation proportionate representation and they would be the one to craft a new version, ang tawag nila compromise version. And it's... House would vote on the new version. Ibabalik yan dito sa mga chambers to get their majority vote. So pagka nakuha na ng boto at na-finalize na, that's the time. Isasubmit na yan sa Presidente. So, three readings on separate days, the purpose of which, according to the Supreme Court, would be twofold. One, to inform the members of Congress of what... they must vote on. What are we voting on here? And second, to give them notice that a measure is progressing through the enacting process. Because a lot of them are absent because they are practicing. How is that? With all good intentions, Senator Pacquiao, look at the records, he is always practicing. But now, He retired from boxing. That's why he's no longer a fighting president. That's probably a good thing. President of the Republic, he's now fighting in the boxing ring. How I wish that would happen. Why did he fight there? When China took our islands, he took back Boxing's position. If Manny Pacquiao wins, all the West Philippines will be ours. That's all. If he loses... that Xi Jinping won. Right? That's probably nice. Okay? Now, what do you mean by enrolled bill? An enrolled bill, like the student who enrolled in one subject, is listed. No. An enrolled bill is an official copy of the approved legislation and bears the certification of the presiding officers of each house. Who is that? Senate President. and the Speaker of the House. Okay? Thus, where the certifications are valid and are not withdrawn, the contents of the bill are conclusive upon the courts as regards the provision of that particular bill. That's the case of Astorga v. Villegas. He can't change it because it's there. Now, enrolled bill is the final copy of a bill. It means, it has been approved from both houses. Pinirmahan na ng Senate President, ng Speaker of the House, at ng mga Secretariat nila. Secretary, ano? Ready na for the signature of the President. Under the Enrolled Bill Doctrine, the signing of the bill by the Speaker of the House and the President of the Senate and the certification by the Secretaries of both Houses of Congress that it was passed are conclusive of its due enactment. Hindi mo na pwedeng habulin yung... kanilang irregularity if ever sasabing may irregularity because because there is presumption of regularity that's the enrolled bill doctrine maliwanag it's now listed in the journal now under section 27 paragraph 1 every bill passed by congress shall before it becomes a law be presented to the president there are three ways in which the bill may become a law. When the president signs it, then it becomes a law. Now, otherwise, he shall veto it and return the same with his objections to the house where it originated. So, merong security of tenure bill. Para wakasan daw ang endo. Ayaw ng presidente, binito niya. Saan ba nanggaling ito? Sa House ba o sa Senate? Kung nanggaling sa Senate, edi ibalik sa Senado. Okay? Kung nanggaling sa House, ibalik sa House. Which shall enter the objections at large in its journal and proceed to reconsider it. Now, the House will reconsider. If after reconsideration, two-thirds of all the members of each house, of such house, shall agree to pass the bill, it shall be sent together with the objection to the other house. Okay? So hindi lamang yung House of Origin, pinakakalimutan ng iba eh, no? Kala dun lang sa House of Origin. Pagka na ipasa ito, by passing the presidential veto, by a vote of two-thirds, ipapasa din dun sa kabilang chamber. it shall also be subject to the deliberation and should it get Okay lang, sige, Ms. Verben sana. Okay, should it get the approval of two-thirds of all the members of the same house, of the said house, it shall become a law. That is bypassing the veto power of the President. So the bill becomes a law even if it was vetoed by the President. Kaya lang alam nyo sa kasaysayan, iilan lang siguro kung meron ma ang bills na binito ng Presidente na naging batas. Before Pinoy left as president, there was a bill sponsored by the Macabayan Black. That if it became a law, it would increase the pension of SSS pensioners by P1,000 every month. I want it to be just P1,000. What Pinoy did was return it to the house because it was the house of origin. sa congressman neri colmenares of bayan muna labid para magconvene yung house para i override yung veto ng presidente but to no avail kasi at the time napakarami ng liberal eh diba oh so hindi na ipasa because of the veto of the president that's it now in case The votes of its house shall be determined by the yeis or nays. Enter it in the journal. Now, there are two. Either the president signed it or he vetoed it or his veto power was bypassed. Or the presidential inaction. The president did not veto the bill. The president did not sign the bill. After the lapse of 30 days, The bill shall automatically become a law as if the president signed it. The latest veto of the president is the anti-ENDO bill. We have lectures on YouTube about the ENDO. Look, the solution is very easy to finish the ENDO. But the opposition of the employers is very serious. Why? You'll see why. Now, can the item veto be done? And in the case of Bengson v. Drilon, Sabi ng Korte Suprema, the President shall have the power to veto any particular item or items in an appropriation or revenue or tariff bill. But the veto shall not affect the item or items he does not object. Okay? The President is therefore compelled to approve into law the entire bill, including its undesirable parts. So either aprobahan niya or i-vito niya, pero... hindi ma-aprobahan pag ayaw niya. Hindi po pwede yung partial veto. Okay? It is for this reason that the Constitution has wisely provided the item veto power to avoid expedient riders being attached to an indispensable appropriation or revenue measures. Kasi pera pinag-uusapan dito eh. Di ba? Baka may magsingit. Baka ito gusto ko. Hindi po pwede. Now, meron naman tinatawang na congressional veto. Congressional veto, according to the case of Philippine Constitution Association versus Enriquez, is subject to serious questions involving the principle of separation of powers. Why? Any provision blocking an administrative action in implementing a law. or requiring legislative approval of executive acts must be incorporated in a separate and substantive bill okay the providing the win may question jan now what about appropriations appropriations budget the congressional appropriation authorization may be embodied in annual laws like the general appropriations act or special provisions of laws of general special application which appropriate public funds appropriate public funds for specific public purposes since the question decrease now appropriation measures is sufficient if the legislative intention clearly and certainly appears from the language employed so we cannot presume so that but clear yan now what about inappropriate provisions in that same case of philippine constitution association vs enriquez To be included in the category of inappropriate provisions are unconstitutional provisions and provisions which are intended to amend other laws. Pero yung title hindi naman for amendment. Diba? Because clearly these kinds of laws have no place in an appropriation bill. So budget ang pinag-uusapan but in effect naglagay ka, nagsingit ka ng provision. which in effect would alter or modify another law, is an inappropriate provision. As you know, the budget power is used by the Congress to force the other departments to give in to their demands. One time, I was watching the Senate Blue Ribbon Committee hearings on Pamali, Senator Kiko Pangilinan said, I have a complaint with Senator Kiko. Because the Vice President is also running. Grace is not allowed to be President. That's what I want to say. Grace and Kiko Pangilinang. For Kiko and us. But she didn't force it. Kiko will do it. Okay. She said there's still a budget hearing. For those who don't want to appear here, we will see you again in budget hearing. Do not take my word for that. It's on YouTube. Watch their Senate investigation. So, they are using this appropriation to force the agencies of the government to give in. Otherwise, you don't have a budget. Why? It's the executive who submits the budget. Of course, the judicial is submitting the budget for them. It's Congress who approves the budget. Even if you submit it, if you don't want to approve it, you can't. That's why the pork barrel became popular, right? kaya sila nag-a-approve ng budget, so nag-i-insert sila ng pork barrel. Sabi ng Korte Suprema, ay hindi po pwede. Well, hika ba ito versus Executive Secretary? Didiscuss natin yan later on. Now, what about the power of taxation? In our jurisdiction, the power to tax is an attribute of sovereignty. It's the strongest of all the powers of government. Of course, it is to be admitted that for all its plenitude, the power to tax is not unconfined. It means that there are limitations. The power to declare war, congress, by about two-thirds of both houses in joint session. It means joint voting. Joint session but voting separately. Joint session, why are there such wordings? But voting separately. shall have the power to declare, sole power, to declare the existence of a state of war. That's section 23 of Article 6. Now, 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 so unless withdrawn by a resolution of the congress such powers vested or delegated to the president shall cease upon the next adjournment of congress okay and you also have session you have regular session that starts on the fourth monday of july Kaya ito dinideliver ng Presidente yung kanyang SONA, na ang iba ang tawag ay Statements of No Accomplishments. Kaya SONA, Statements of Drugs Accomplishments. And then it will continue until June of the succeeding year. Kasi ang fiscal year ng gobyerno ay July 1 up to June 30 the next year. That's why newly elected officials will take their oath on June 30 and will start their office in July 1. Until then, the incumbents are only on June 30. And the president may also call Congress for special sessions anytime. to settle important issues affecting the country, which in the past, yan ay ginagamit para i-release yung pork barrel. Because you know, it's the executive department who handles the budget. Ngayon, ang nangyayari, kahit naman may allocation ng pork barrel in the past, hindi naman nire-release yan eh, kung hindi kakakampi. Kaya, ang ginagawa dyan, pag nagtawag ng special session, alam na, para umaten ka, merong inire-release. Sabi allowance.

Not really, because under Section merong plenary power ang Congress to conduct investigations in aid of re-election. I mean, in aid of legislation. Sorry, sorry.

Okay? So, it is vested in, or legislative power is vested in Congress. Ayan yan. The Constitution is the basis for legislative authority. It lies at the foundation of all law and is a rule and commissioned by both legislators and judges are to proceed.

That's what Van Horn said. That's what the U.S. Supreme Court said. Now, legislative power is vested in our system in the Congress. Don't call it Congress.

Congress. Congress. Okay?

Which is composed of the Senate and the House of Representatives. I mean, Representatives. There. Kinatawan, ha?

Hindi yung kinawatan. Kinatawan, ha? Sa Tagalog. Now, pwede rin namang yung legislative power is with the people themselves under Article 6, Section 1 by the System of Initiative and Referendum. Okay?

The grant of legislative power to Congress is plenary. When I say plenary, there's no limitation. Congress can legislate, can make law. on any topic at all. Kasama na dyan yung pagpapalit ng mga pangalan ng mga streets.

Kailangan pa pala ng Kongreso. Oo, in Quezon City, meron yatang bill. I don't know kung sign na ba ito.

Changing the name of Roosevelt Avenue. Galing kay President Delano Roosevelt. Or Tudor Roosevelt or Franklin Roosevelt.

Ngayon ay FPJ Avenue. Fernando Pond Jr. Avenue na.

pagka napirmahan na ni Presidente yung bill na yon. So, walang limitasyon ang power ng Congress except those provided under the Constitution. Of course, general rule, they cannot legislate on something that is immoral or something that is against the Constitution. Although sometimes, they legislate on matters which they believe are constitutional, but when the Supreme Court says they are unconstitutional, then Congress cannot do anything. Because the final arbiter of the constitutionality of the law is the Supreme Court.

Now, what about initiative and referendum? Under Section 32 of Article 6, there is the power to initiate referendum, the power of the people to propose and enact laws or approve or reject any act or law, partner of, passed by Congress or local legislative body. If Congress does not want to act, people can make people's initiative.

However, there should be an implementing rule. As in the case of Santiago v. Comelec and the subsequent case of Lambino v. Comelec as regards people's initiative to amend or revise the Constitution. Now, under our system, there is... a provision in Article 2 of the Constitution that Congress must enact a law defining political dynasty. The Congress doesn't want to act.

Probably, that can be the subject of initiative by the people. Because if we really want to ban the political dynasty, you cannot prevent something that is not well-defined. The problem with the Constitution is that The definition of political dynasty, as it will be prohibited thereafter, belongs to Congress. And until now, since 1987, Congress has not issued or enacted a law defining what is political dynasty.

That is the problem. So people may opt to have an initiative to define and prohibit that kind of practice, political dynasty. now the operation of operationalization of initiative and referendum has been left by the Constitution to Congress. That's according to Father Bernas.

That's why Congress enacted Republic Act 6735, providing for a system of initiative and referendum. However, in the case of Santiago versus Comelec, 1997, March 19, if I'm not mistaken, March 19, 1997, Republic Act 6735 cannot be used to amend the Constitution via people's initiative. Because when we discuss amendments or revisions, under Section 2 of Article 17, there is a mention of people's initiative. Now, in the case of Santiago v. Comelec, the petitioners questioned The move of Pirma, siguro bata pa kayo nito, at the time that the presidency of Fidel Ramos was about to end in 1997, there were moves to amend the constitution and extend the term of office of the sitting president.

Parang sounds familiar, no? Kasi sigurado sila na ang mananalo si Erap Estrada. in the 1998 presidential elections. Of course, the contracts with ERAP will do what they can. So, they signed to amend the Constitution via People's Initiative.

Senator Miriam Santiago, Senator Raul Rocco, and several other senators questioned it. And then when it reached the Supreme Court, the Supreme Court said, curiously too, while Republic Act 6735 exerted utmost diligence and care and providing for the details in the implementation of initiative and referendum on the national and local legislation, thereby giving them special attention, it failed rather intentionally to do so on the system of initiative on the amendments to the Constitution. So it is very clear that you cannot use people's initiative.

to amend the constitution okay so we'll discuss that in details when we reach the topic on amendments and revisions of the constitution clear now our congress is a bicameral legislative body you have the senate and the house of representatives but But allow me to just very briefly run through with the qualifications. The senators are elected. They are 24, but they are staggered. So every three years, we elect 12 senators. They cannot all be finished because in the first election of the senators, the first 12 had a six-year term.

The second 12, 13 to 24, add a three-year term. Pero in subsequent elections, six years na sila palagi. That was a way of the Constitution to make it, so that the Senate will not be vacated entirely at all times.

So may matitirang labing dalawa. Okay? So, the qualifications you're following, you can just read them in the Constitution.

Okay? Natural born citizen, pwede ba dito yung nasisarihan yung nanay? Pwede naman.

Who are natural born citizens? We talk about that in another lecture about citizenship. So they are citizens of the Philippines from birth who do not have to do anything to perfect or complete their Philippine citizenship. At least 35 years old, okay, pwede na pala ako. Okay, 35 eh.

Able to read and write. Why are you still doing bar exam? You can still be a senator. Your qualification is higher there.

You're students. You're able to read and write. That's why it happens to our children. Able to read and write. Even the dropout in kindergarten, you can do that.

As long as it's readable. Well, the intention of the lawmakers or the framers of the Constitution is to make it equal for everyone to run for the Senate if they have good intentions. But you know, I'm with Kuya Will. I want to give him a jacket. Right?

Because if he runs, he will win. I know. He's very popular now, right?

Especially with his jackets. He's a Chinese. He gave Jackie Chan. Isn't that China? Jackie Chan.

Okay. So, he said, what am I going to do with that? Awards to that.

I watched it on YouTube. He didn't want to because what will he do? He can't make it higher.

I'm a nice person. I want to say something to him. Because he can easily win.

Sorry. He can easily win. I sentence it. Not like the others.

They're happy to be a senator. There. So a resident of the Philippines for at least two years before the election.

The term of office is six years. But can be re-elected for another term. So maximum is 12 years.

Two terms. Now we have the House of... representatives.

I said, kinatawan. Mga bisaya, kasi kinawatan. Hindi, hindi kinawatan. Kinatawan.

Okay. So, 250 members yan nakalagay sa Constitution and elected by qualified voters all over the country or different districts or through the party list kasi there are two kinds of representatives. You have...

The district representatives, pare-pareho naman ang qualification yan. Natural born, 25 years old, able to read and write. Ay pwede na pala yung tumakbo, able to read and write lang naman eh. Registered voter, resident of the Philippines for one year, at sila ay three years on term, but can be re-elected for another three-year term.

So nine years on total. What's the distinction between term and tenure? In a very old case, the term means the time during which the officer may claim to hold the office as of right and fixes the interval after which the several incumbents shall succeed one another. So that's the term. Tenure represents the term during which the incumbent actually holds the office.

So kung 3 years yung term, e dalawang taon lang siya kasi na-disqualify na on the third year o nag-resign, e di 2 years lang yung tenure niya. So the term is not affected by the holdover capacity. Ang tanda na nito, no? 1946 case. Now, we have the district representatives.

They are elected from the different legislative districts. Apportioned among the provinces, cities, and Metro Manila area. Now, how do we apportion legislative districts?

One, by law. At yung batas na yan, maaring general appointment of law or special law, like creation of a new province. Now, the power to apportion legislative districts...

is textually committed to Congress by the Constitution. In other words, only Congress can create a province. That's the case of SEMA versus COMELEC. If you remember that case, there was an ordinance from the ARMM Legislative Assembly. Because under a law, The ARMM has a functioning regional government.

So there's a legislative body. So the ARMM legislative body issued an ordinance creating the province of Sharipkabunsoan, as you can see in your screen. Sharipkabunsoan carved from Maguindanao and Cotabato provinces.

Now, there's an election. Bay Sandra Sema and... Congressman, who is this? Ah, Didagan Bilanggalon. There.

Okay. So, now, of course, the one who won is happy. The one who didn't win, denied. He didn't win.

That's why he went to the Comelec. Okay? On the issue of election fraud, no problem. There's no problem. But on the issue of the constitutionality of the creation of Sharif Kabunsuan, As a province, the court ruled it was unconstitutional.

Only Congress can create a province. Okay? Since the Sheriff Cabunzuan created it, a legislative assembly ng isang region also created by Congress? Hindi pwede.

Because the court said, if you create a province, necessarily meron kang at least one representative in Congress. O, paano yun? The creation, creating an office in the creator? Parang gumawa ka ng robot, tas yung robot binagdagang ka ng tenga. It's not possible.

The spring cannot go beyond its source, as they say. Now, by law, a province may be created, a province may be divided. Like that province of Palawan under Republic Act 11259. So when there's a referendum, your Palawan were asked, do you want there to be three Palawan? It's not possible.

It's just Palawan. Because you'll have Palawan, Palat 2, Palat 3. That's bad. So, palawan lang. So, nanalo yung no. So, isa pa rin ang palawan.

Kaya, palawan. Okay. Now, proportional representation based on the number of inhabitants. So, normally, 250,000 may isa ka ng representative in Congress.

Okay? Now, each province, irrespective of the number of inhabitants, shall have at least one representative. And that is the case, I think, of Marinduque.

There is only one representative. At siya ngayon yung speaker of the house. Diba? In the case of Katanduanes, there is only one representative. Siguro less than 250,000 ang tao nila.

Okay? Ngayon, each legislative district shall comprise as far as practicable, contiguous, compact, and adjacent territory. So magkakadikit.

Diba? There was another law dividing Quezon into two. Quezon del Norte and Quezon del Sur.

But I think there was a TRO so kaya hindi natuloy yung, although tapos na yung election kaya yung bilangan lang ang problema. And then within three years, after the return of each census, kasi ang census natin every five years eh. Dapat noong 2020 may census tayo eh. Kaya lang nagkaroon ng, ito nga, COVID hanggang ngayon.

So yung mga tauhan ng PSA hindi makalabas. So wala tayong census yata last year. Now, every three years, ang Congress nire-revise ito. Kaya new districts are created.

And then, in 2014 bar exam, multiple choice, yun yung one point lang. Ang tanong, gerrymandering refers to the practice of just one point. Ayan, may choices kayo.

Okay? Ang daming choices, one point lang. And what is Your choice, the answer is letter A, creating or dividing congressional districts in a manner intended to favor a particular party or candidate. Bakit siya gerrymandering?

Siya ay originally ginamit itong si, the original word gerrymander, written gerrymander, was used for the first time in Boston Gazette. Massachusetts USA and then the word was created in reaction to a redrawing of Massachusetts State Senate, election districts under the Governor Elbridge Jerry so in America, the Governor is the executive of a state and the state has its own legislative body so there's a Senator there's a Congressman and So nung makita yung drawing, yung Boston Gazette, ayan, sabi ng isa, it looks like a salamander. Pero sabi ng writer, it looks like gerrymander to me. Referring to the creator, si Governor Eldridge Gerry.

Okay? Doon ang origin ng gerrymandering. Maliwanag. Instead of salamander, it's like gerrymander.

So, did that happen in the Philippines? Sometimes, in the early, late 2010-2011, there was a province that was created. 2010. There was a province created by Republic Act 9355, known as Dinagat Islands.

It was part... of Surigao del Norte in northern Mindanao. So, a law was created creating the province of Dinagat Islands. Ang sabi ng mga petitioners, gerrymander daw yan. Although di naman si Governor Jerry kaya lang ginagamit na ito ngayon.

As a term, when you divide a legislative district to favor a candidate. Yan ang literal meaning niyan. So, gerrymandering is a term employed to describe an appointment of apportionment.

of representative districts to contrive as to give an unfair advantage to the party in power. That is what the member of the Constitutional Commission, Father Joaquin Bernas, said. He has just been elected. So, the Constitution proscribes.

It disallows or prohibits gerrymandering as it mandates its legislative district. to comprise, as far as practicable, a continuous, compact, and adjacent territory. So you now understand the concept of gerrymandering. Iba naman yung mandarin, sa China naman yun. Now, how many district representatives?

Well, 250, pero may kasamang 20% na sectoral representative known as the party list. In the 18th Congress, ngayon yan, there are 304 seats in the House of Representatives. So 20% of 304 reserved for the party list.

80% for the district representatives. Right? So, may legislative district ka at may party list. Now, under Section 5. paragraph 2, ito yung itatayo kong party list na uhaw para sa kapakanan ng mga lalaki.

Kaya lang, baka ma-disqualify tayo kasi mamaya, sasabihin ng Banat versus Comelec at Paglaon versus Comelec, the nominee must not only be a member, he must belong to the sector he is representing. Ay ma, di-disqualify tayo dyan. I do not belong to the sector.

Iba ang sektor namin. Ang sektor namin ay Sansui. Sansoot-soot ni misis, uwi.

Okay? Yan daw yung mga merong asma. Ba't asma?

Pag may tanong, asma wipe. O kaya chemist. Bakit chemist? Chemisis umaasa. Mga house as bad, dano.

Okay. So under Section 5, Paragraph 2, Article 6, party list representative shall constitute 20 percentum of the total number. Okay?

Siya kung for a 20% party list. Saan mang gagaling? The labor sector, peasant, urban poor, indigenous cultural communities, women, youth, and such other sector as may be provided by law except the religious sector. Okay? E bakit merong Sibap?

Ano ba yung Sibap? Citizens'Battle Against Corruption. E no problema nun?

E ki brother Eddie Villanueva yun, di ba JIL? E bakit merong buhay hayaang yumabong? That's the problem of life. It's related to Mike Velarde. But the Supreme Court said it's not the religions.

Those are charismatic groups. Okay. They have a religion.

So we have the Republic Act 7941. The Partylist Law. If you want to vote for this, it's a lie. These are the lies. The right wing is a lie. The Philippines is a lie.

It's a lie. Magkalasing lahat ng tao, aangat ka dyan. Delikado yan. Okay. So the party list representatives shall be 20%.

And then, the parties receiving at least 2% of the total votes cast for the party list system shall be entitled to at least one seat. Ang binibilang natin ay yung boto lang sa party list. Kasi hindi lahat ng butante bumoboto sa party list. So yung 2% na yan, hindi diyang kasali.

yung hindi bumoto sa party list because that would be unfair naman daw to the party list. At may bibilang, hindi naman bumoto. Now, those who garnered more than 2% of the votes shall be entitled to additional seats in proportion to the number of votes provided they shall not exceed three seats at one time. Okay? Kasi katulad nung banggitin na natin yung bayan muna.

Sometimes, it gets 15%, 10% when you get acubicol. So who are the qualified sectors under 7941? The qualified sectors are these. Wait, there's a lack. There are women, there are youth, there are elderly.

Why aren't there men? We will really enter the fire. Now, who are the disqualified? Religious sector.

Foreign organizations. Those advocating violent means or unlawful means. Now, those who do not receive support or receive support from foreign government, etc. That is prohibited. Those who are unqualified are disqualified.

The Supreme Court said no. Because they represent also a sector. Kami kasi ng Komelik, hindi po pwede based on moral ground.

Anong moral ground pinagsasabing niyo? Pagka ba LGBT ka, immoral ka na. Hindi naman. It does not follow.

As long as you are not doing anything that is contrary to morals, you are not considered immoral. So kaya yung unled lad ay qualified. Pero kung yung isang commissioner ng Komelik ang susundin, hindi sila qualified. So, if it violates or fails to comply with the laws and regulations relating to election, declares untruthful statement in the petition, cease to exist for at least one year. Or fails to participate in at least two preceding elections.

Or nag-participate man, but fail to get at least 2%. Because if you have 2%, at least you have one seat. There are two elections and you don't get 2%, well, think about it. So you can surrender so you won't get hurt, like the police said.

You surrender so you won't get hurt. Okay? Now, in the case of Veterans Federation versus Comelec, again, 20% 2% threshold. Only those who garnered 2% shall be given a Therefore, if you cannot get 2%, you don't have a seat, even one. And then three seats limitation or proportional representation.

Because if you get 15%, you have seven seats, then you're the only one. So let's distribute it. Now, in that ruling in Veterans Federation, the 20% is a threshold. Meaning, this is the... that's the ceiling.

There is no need to fill up all the 20% at any given point. It just means that they will not exceed 20%. However, in the case of Banat versus Comelec, Banat, Paranggay, whatever, what the Supreme Court said, wait a minute, when we say that the limitation is 20%, we need not fill it up.

What will happen is that 20% will not be filled. So that's why the so-called Panganiban formula was revised. The Panganiban formula is the formula in the Veterans Federation.

So in the case of Bannat v. Comelec, the court said that the three-seat cap as a limitation to the number of seats that a qualified party-list organization may occupy remains valid. However, that device, I valid statutory device that prevents any party from dominating the party list elections. Since for party list shall, does be allocated in accordance with the procedure may be in a table.

But what comes out here, the 20% limit must be filled up. Every election must be filled up. So the question here is, what if, let's say there are 60 seats allotted for party list, ang nakakuha lamang ng 2% ay 45. Pwede lahat sila may tigiisa so 45 na. May 15 na natitira. And then, yung second round, yung nakakuha ng more than 2%.

They're entitled to additional seats. For every 2%, One seat. We still have some left. We think there are 10 left. Wala nang nakakuha ng 2%.

If we follow the Veterans Federation ruling, there is no need to fill that up kasi ceiling lang yan. But in the case of BANAT versus COMELEC, it must be filled up. So anong gagawin natin? Ipaparapol natin yung natitirang 10 upuan? Hindi.

Gagawin yan, irarank sila depending on the number of votes they got. And then, yung first 10 sa ranking, they will receive at least one seat. Nakuha natin?

So in other words, even if the party list did not get 2%, there is a strong possibility na makakuha siya ng isang upuan on that third round. Kasi first round, lahat na naka 2% may guaranteed seats. Second round, additional seats for those who garnered more than 2% of the votes.

E may natitira pa. you'll have your third round. You will be ranked according to the votes garnered and the top 5, top 10, or kung ilan yung seats available will be distributed accordingly based on the ranking of the remaining party list who did not get at least 2%. So napakadaling maging congressman ngayon.

Di ba? Kasi kahit di ka makakuha ng 2%, basta mataas yung rank mo on the third round. you get at least one seat. Now in the case of Atong Paglaong, of course, alam niyo yung paglaong, di ba, pag-asa or hope.

Ang sabi ng Korte Suprema, there are three different groups that may participate in the party system. So hindi lang sektoral. Number one, national parties or organizations. Okay? Tulad nung ano ba yung mga national organizations?

Yung bayan muna. Regional parties or organizations. What is that? I'm a bigot.

I'm a bigot. Is there a bigot? There's none.

Is there a bigot? Is there a bigot? There.

I know. There's always a bigot. I'm a bigot.

There's always a bigot. Then, the sectoral parties or organizations. Because some people think that the party is sectoral. No.

That's the three groups who may participate in the party-list election. Okay. Now, national parties or organizations, regional parties or organizations do not need to organize along sectoral lines. Because they are not sectoral. And do not need to represent any marginalized or underrepresented sector.

Ako Bicol, wala naman nire-represent siya kung di mga Bicolano. Regional eh. Anwaray.

Anbatanggenyo. Walang ang Tagalog. Magpayo kaya tayo ang mayaman. Kasi puro sila makamahirap eh. Bawa naman yung mga mayayaman.

I-represent natin. Now, political parties, can they participate? Yes, they can participate in the party-less election.

Provided. they register under the party list and they do not field candidates for the legislative district. Dati sabi, hindi pwede ang political parties, di ba?

At according to the court, pwede. Pero wag kang mag-field ng district representative. Now, a political party, whether major or not, that fields candidates in the legislative district election, pwede pa rin mag-participate sa party list.

Through what? through the sectoral wing. For example, PDP against youth sector. If there is a PDP against a candidate in the Congress of the Bacolod, its youth sector can still participate in the sectoral wing.

Not many can participate in this party list. You will be surprised. There is a new generation. Meron buhay, may sibap.

Ano pa? Si Mocha meron ngayon. Mocha.

Ano yung Mocha? Mothers for Chains. Kailangan ko dati sila ay sosyo ka sosyo. Walang naki sosyo eh.

Yung pinalitan, ginawang Mocha. Mothers for Chains. Mother ba siya? Now, the sectoral wing by itself, an independent sectoral party, and it's linked to a political party through a coalition.

Right? Pwede yan. And The sectors that are marginalized and underrepresented, ito na yung nasa Constitution.

Saman dyan yung women, etc. Kaming mga lalaki, hindi yata kami marginalized, wala kami dyan. The sectors that lack well-defined political constituencies include professionals.

Sino yan? Ang bantay. Ano yung ang bantay? Mga security guards. The elderly.

Or the senior citizen. Women. There's the Gabriela. And the youth. Kabataan.

Partylist. All of them have representatives. No un-men.

None. Majority of the members of the sectoral parties or organizations that represent the marginalized and underrepresented must belong to the marginalized. Like the Kadamay.

You represent the urban poor. You should join them. Now, similarly, a majority of the members of the sectoral parties or organizations that lack well-defined political constituencies must belong to the sector they represent. That's why, as the Supreme Court said, the youth cannot be represented by a retiree. Okay?

Now, While searching the internet, ito nakita ko ito. Pambansang Union ng Kalilakihan Inaapi. Para ang pangit ano.

Hindi akin yan. Sa Google nakita ko lang yan. So, the nominees of sectoral parties or organizations that represent marginalized and underrepresented or those that lack well-defined political constituencies must either belong to the respective sectors or must have a track record of advocacy for the respective.

sectors. So following this, Gabriela can be represented by a man. Eh kasi baka meron siyang track record of advocacy. O, security guards, inire-represent ng tao, di naman siya gwardiya.

Pwede kasi baka advocacy niya yun. OMG. La tayo magagawa eh, that's the ruling of the court, di ba? Now. The nominees of the national or regional parties or organizations must be bona fide or good faith members of the parties or organizations.

Now, regional, national, and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, provided they have at least one nominee who remains qualified. You will submit five names to the Comelec. But the three will sit. What will you do with the two? That's just a reserve.

Because if there's a disqualified, you can change. For as long as not all of them are disqualified. There should be one who qualifies.

Okay? So how much is their salary? There.

Salaries of the members of the House and the Senate. It's in the law. We have the salary standardization law. And they cannot increase that until after the expiration of the full term of all the members of the Senate and the House of Representatives.

And they cannot be arrested under Section 11 of Article 6. All offenses provided, not more than six years of imprisonment. If more than six years, they can be arrested. And while Congress is in session.

So if Congress is not in session, even if it's less than six years, they can be arrested. So these two requirements must be present. Now in the case of people versus halusos, you know this case, right?

What's involved there is congressman and the case is statutory rape. So, he is asking for permission from the Supreme Court to attend hearings and sessions of Congress. Because his case is already convicted but on appeal to the Supreme Court. The Supreme Court said it cannot be. Because membership in Congress does not exempt an accused from statutes and rules which apply to validly incarcerated persons.

So, where is the... equal protection, right? You're both convicted. One rationale behind confinement is public self-defense. it would amount to creation of a privileged class without justification in prison.

Because if you're convicted, there's a right to attend, what about the others? Therefore, he was provided with an office in the new-believed prison. So he was given an office there. The congressman said, if you don't allow me to attend the sessions of the house, that would deprive my constituents. of their representation in Congress.

Well, Sabi ng Korte, that does not matter. When you were elected by your constituents, they knew for a fact that you have been convicted. So they know that at any time, well, you are not a free man, right?

At any time, there can be affirmation of the sentence, so you will be deprived. And they will be deprived of their representation in Congress. And they know that, right? So, kaya hindi siya pinayagan na mag-attend.

But later on, I think he was given pardon by President Gloria Arroyo. So, kaya malaya na. Now, no member shall be questioned or be held liable in any other place for any speech or debate in Congress or any committee thereof. Ito yung privilege nila for speech and debate.

case of Jimenez versus Cabangbang said expression refers to utterances made by congressmen in the performance of their official functions as such that speech delivered or statements made votes cast in the halls of congress while the same is in session as well as bills introduced in congress whether the same or in session or not and other acts performed by congressmen either in Congress or outside the premises, housing its offices, and the official discharge of their function or duties as members, duly authorized to perform its function as such at the time of the performance of the action question, then they cannot be held liable. So that is our problem. Now, each house of Congress can discipline its members for disorderly behavior.

Remember that, no? Now, paano natin tatanggalin ng isang senador o congressman through the ethics committee? Pero kailangan natin ng two-thirds vote of all the members of that house. So, two-thirds ng mga senador kung senador, two-thirds ng mga congressman kung congressman.

Okay? Now, what constitutes disorderly behavior is entirely up to the Congress to define. Yung bang pagmumura.

can discipline its members through the so-called ethics committee. Now, there are disqualifications. What do we mean by incompatible office? Under Section 13, Article 6 may not hold any other office or employment in the government during his term without forfeiting his seat.

There was a congressman representing a district in a province, was appointed as trade and industry secretary. He has an option, he can remain a congressman or accept the appointment in the executive, but he has to forfeit his seat because that is an incompatible office. Forfeiture of the seat in Congress shall be automatic upon assumption of the member. of such office deemed incompatible.

So pag hindi niya naman tinanggap, okay lang. Pero pag tinanggap niya upon assumption, tanggal na siya sa Kongreso. Now, you also have the concept of forbidden office under Section 13 also of Article 6. He may not be appointed to any office created or the emoluments thereof increased during the term for which he was elected.

He cannot validly take The office, even if he's willing to give up his seat, the effect of that is on the incompatible office. Because in the incompatible office, if you give up, you're okay. But if a forbidden office, a new office is created and it was created during the term of a member of Congress, and of course, he is part of the creation of this office through a law, he cannot ban his congressional seat and occupy this new office.

Why? It seems like our Constitution is very distrustful of the members of Congress. There are a lot of prohibitions. Well, better be safe than sorry.

Yan ang pandyan ng konstitusyon, ano? And also, a member of Congress cannot personally appear as counsel before any court, electoral tribunal, quesad judicial, and administrative bodies during his term. And the word appearance includes filing of pleadings.

Now, we also have the concept of conflict of interest. What is that? A member of Congress shall not be financially interested, directly or indirectly, in any contract with or franchise of special privilege granted by the government during his term of office.

Shall not intervene in any matter before any office of the government when it is for his pecuniary benefit where he may be called upon to act on account of his office. So, iniiwasan lang dito yung financial gain na mai-impluensyahan. Ibig ba sabi, di na pwede mag-negosyo si Senador?

Pwede naman. Kaya lang yung negosyo niya ay dapat hindi mag-conflict of interest. Hindi dapat regulated or meron siyang intervention using his office as a member of Congress.

Okay? Now. In disciplining members, ito yung sabi dyan ng Korte Suprema, San Thiago versus Sandigambayan.

The suspension contemplated in the above constitutional provision is a punitive measure that is imposed upon determination by the Senate or the House of Representatives. Kaya ang sabi natin, a vote of two-thirds of all its members. Hindi nung buong Congress, but member of each House.

You also have electoral tribunals. The Senate has its Senate Electoral Tribunal composed of six senators dominated in the Senate depending on their party affiliation and three justices of the Supreme Court designated by the Chief Justice. There is also such a composition in the House of Representatives Electoral Tribunal.

And the chairman... is the most senior justice who was appointed there. Now, in the case of Aquino v. Comelec, the Electoral Tribunal clearly assumes jurisdiction over all contests relative to election, returns and qualifications of candidates for the Senate or the House only when the latter become members of either Senate or the House of Representatives.

Kailan nagiging miyembro ng Senate o ng House ang isang kandidato? Ito ang sagot. Well, a candidate who has not been proclaimed and who has not taken his oath of office is not a member of the House.

So the moment he took his oath as a member of the House or the Senate, then he becomes a member. So yung question sa qualification, will now be under the jurisdiction of the electoral tribunals, no longer by the Comelec. In other words, post-proclamation controversy.

After assumption, the electoral tribunal. But before that pre-proclamation controversy, we all know it's in the jurisdiction of the Comelec. Okay?

So from electoral tribunal, let us proceed to section 21. These are... Inquiries in aid of re-election, I mean legislation, sorry, sorry. Congressional inquiries in aid of legislation. So, during the presidency of Gloria Macapagal-Arroyo, there was Executive Order 464, preventing the members of the executive from attending congressional hearings.

Parang may katunog ngayon yan, di ba? The President is forbidding the Congress to attend the cabinet members and other members of the Executive Department. Now, is it? Is the president allowed to prohibit his cabinet members and other executive officers from attending it? The answer is no.

According to Senate v. Ermita, although there is no provision in the Constitution expressly investing either House of Congress with power to make investigations and exact testimony to the end that it may exercise its legislative function, advise me and effectively, such power is so far incidental to the legislative function as to be implied. So wala nga sa Constitution pero kailangan nila ito sa kanilang paggawa ng batas eh. In other words, the power of inquiry with process to enforce it is an essential and appropriate auxiliary to the legislative function.

Kasi kung gagawa sila ng batas, yung power nila to make laws, a plenary, how can they do it if they cannot exhaust all resources available to aid them in crafting a new law or amending the existing law? Now the Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with the duly published Rules of procedure and the rights of persons appearing in or affected by such inquiries shall be respected. So these are now the two limitations on the power of Congress to conduct inquiries in aid of legislation. One, publish the rules.

Two, respect the rights of people appearing. That is why when... A resource person, actually they are not witnesses, they are called resource persons.

When a resource person during investigation, as you can see now, during the investigation of the Blue Ribbon Committee, chaired by Senator Gordon, when he said, I am invoking my right to self-incrimination, although the invocation is wrong, I invoke my right against self-incrimination. Because whatever you may say may be used against you. So you do not want to answer it.

Meron ka dapat kasamang abogado if you want to, pero the lawyer cannot talk on your behalf. Ikaw yung resource person eh. Now, there is a distinction between Section 21 of Article 6 and Section 22 of the same article.

Section establishes crucial safeguards that proscribe the legislative power of inquiry. The provision requires that inquiry be done in accordance with the duly published rules of procedure. Therefore, if you have not published your rules, you cannot use this in aid of legislation.

Publish your rules first. Okay? Not necessarily implying the constitutional permittee. of an inquiry conducted without duly published rules of procedure. Obvious nyo yung rules nyo.

And the investigation must be in aid of legislation. Yan ang sabi ng Constitution at sabi rin ng Korte Suprema. And respect the rights of the people appearing thereto. Anong rights yan? Yung mga rights nila under the Bill of Rights.

One of which they cannot be compelled. to be a witness against themselves, following Article 3, Section 17 of the Constitution. So, kahit anong klaseng investigation, basta in aid of legislation, the President cannot prevent anyone from being subpoenaed and being required to appear there too.

So, we will repeat that in the Senate v. Ermita. This should be based on... The President's consultant advised him that we cannot do that.

Right? Or the consultants. Whatever it may be, it's wrong.

We'll go back to EO 464. And then the President says, Section 22 of Article 6, it says, The heads of departments may, upon their own initiative, with the consent of the President. This is what the President is saying, but not under Section 21. What's the difference? Because this is a question hour in the exercise of the oversight function of Congress. In layman's terms, they are asking what happened to the projects we conducted. But that is not in aid of legislation.

When questions shall be submitted to the President, written questions, shall be submitted to the President of the Senate or the Speaker of the House. at least three days before the scheduled appearance. Interpolations, however, shall not be limited to the written questions already submitted, although it should be related. Now, when the security of the state or public interest so require, the President so states in writing, We are in a secretive session so it will not be televised.

So what is the difference between Section 21 and Section 22? Sections 21 and 22, therefore, while closely related and complementary, should not be considered as pertaining to the same power of Congress. One specifically relates to power to conduct inquiries in aid of legislation. The aim, therefore, is to elicit information That may be used to create a law.

Therefore, that is plenary, meaning walang limitasyon, basta kailangan gagawa sila ng batas, and the rights of the people appearing thereto shall be respected and the rules published. Yun ang limitasyon sa Section 21. Whereas in Section 22, pertains to the power to conduct question hour, the objective of which is to obtain information in pursuit of Congress Oversight Faction. Nakuha niyong kaibaan eh. If you have questions, you may type your questions in the chat box and we will try to answer your questions. Baliwanag ah yung distinction ng Section 21 at Section 22 of Article 6. Kasi nga, naging issue na naman ito because the Senate Blue Ribbon Committee at yung House, kumabul din.

But the tone of their investigation is very obvious that it's different. The House is against Malacanian. That's the observation. The Senate is against Malacanian. That's the observation.

That's why they're choosing to attend. But the President said, don't attend. The President cannot do that. We will go back to that Senate v. Ermita case once more. If the President would be insistent on that.

Well, the President has already signed the order. But if the Senate would stand on its ground, it would reach the Supreme Court again. Let us see whether the court affirms its earlier ruling in Senate v. Ermita or it will have another ruling for that matter. Then, what does the Constitution say? A bill should have one title embraced in one.

One subject embraced in one title. But the title of the bill is not required to be an index of the body. Kasi ma-exce lang yung title eh. Baka naman pagkahaba-haba na, hindi naman thesis yan o dissertation.

Pagkahaba-haba ng title, ano? The title, however, must be comprehensive as to cover the single detail. O yung mga detalya nasa body na yan. Now.

To require every end and means necessary for the accomplishment of the general objectives of the statute to be expressed in its title would not only be unreasonable, but would actually render legislation impossible. And take note that there are bills that must originate exclusively from the House of Representatives. Under Section 24, it says, All appropriation for the budget, revenue or tariff bills, taxes, bills authorizing increase of public debt, bills of local application, private bills must originate exclusively in the House of Representatives, but the Senate may also propose or concur with amendments.

So this is in the exercise of This power, the Senate may propose an entirely new bill as a substitute measure. Kaya minsan, hindi magkatugma yung mga version. But the Congress should follow that provision in Section 24. A senator may not introduce a bill that would increase taxes.

He has to wait for a bill originating from the House, and then when it reaches the Senate, he can create his own bill. Neither. amending the proposal of the house or proposing an entirely new bill. Kasi magkakaroon naman yan ang compromise version.

So appearing on your screen is the process of legislation. Can you see it? Clear ba?

So there are two chambers that was taken from the Senate Journal. At saka doon sa... reviewer for the civil service examination.

Kapangalang ko yung isang author dun. Kaya hiniram natin ito. So, if the bill is filed in the house, it has to pass through three readings. You can see there what happens on the first, second, and third reading.

Okay? And then it will be, if it passes through three readings, On third reading, it is approved. It will be submitted to the other chamber.

Meaning, nag-originate sa House, is submit natin sa Senado. And you have to understand, and I know by now you know, that the Senate and the House are co-equal bodies. No one is above the other.

Although sabi nila, mas mga matatanda lang, hindi naman siguro tama yung matatanda. Mas may edad lang kasi ang requirement 35. sa house 25. So, syempre, mas ma-advance na yung edad. Now, but they have equal powers.

That is to legislate. Okay? So, assuming na ipasa on the third reading, pupunta yan sa Senado.

And the Senate will conduct the same kind of process, three readings din, than on separate days. So it's hard to make a law. That's why Kuya Will said, I don't know how to make a law, what will you do with it? At least he's not pretentious. Maybe you should be a mayor, a vice mayor, it's easy because you will enforce the law.

Others will make the law. But you yourself will make the law, we are in danger. So there's a senator who delivered his privileged speech.

It's normal, when you speak, someone will ask you. So you don't want to be interpellated because you are not my teacher, I am not your student. OMG.

So you don't understand the process in the Senate. Right? There.

I didn't say who, just Google it and YouTube it. Okay? If you're a senator, congressman, you're ready to be interpellated. There's another one.

Senator Drilon said, Why would we have to put the Philippine Boxing Committee or Philippine Boxing Commission under the office of the President? Whatever he said. Who proposed this Philippine Boxing Commission? Of course, the boxing champion. But what Senator Drilon is interpreting is not a good answer.

It's really difficult. You know, the one who knows what he's saying because he's a lawyer, he's been in the Senate for a long time. Or the other one, a new one, who has good intentions. But remember, good intentions are not enough to be a good lawmaker. The best arsenal of resources.

So you have a car. If you hit the gas pedal, if there's no gas, it won't run. It will stop.

okay so the senate will do the same problem is there are now two versions so what do we do with the two versions of the bill same bill but two versions the senate and the house by camera conference committee composed of the senators and members of the house they are there because of their party affiliation proportionate representation and they would be the one to craft a new version, ang tawag nila compromise version. And it's... House would vote on the new version. Ibabalik yan dito sa mga chambers to get their majority vote. So pagka nakuha na ng boto at na-finalize na, that's the time.

Isasubmit na yan sa Presidente. So, three readings on separate days, the purpose of which, according to the Supreme Court, would be twofold. One, to inform the members of Congress of what...

they must vote on. What are we voting on here? And second, to give them notice that a measure is progressing through the enacting process. Because a lot of them are absent because they are practicing. How is that?

With all good intentions, Senator Pacquiao, look at the records, he is always practicing. But now, He retired from boxing. That's why he's no longer a fighting president.

That's probably a good thing. President of the Republic, he's now fighting in the boxing ring. How I wish that would happen. Why did he fight there? When China took our islands, he took back Boxing's position.

If Manny Pacquiao wins, all the West Philippines will be ours. That's all. If he loses...

that Xi Jinping won. Right? That's probably nice. Okay?

Now, what do you mean by enrolled bill? An enrolled bill, like the student who enrolled in one subject, is listed. No. An enrolled bill is an official copy of the approved legislation and bears the certification of the presiding officers of each house.

Who is that? Senate President. and the Speaker of the House.

Okay? Thus, where the certifications are valid and are not withdrawn, the contents of the bill are conclusive upon the courts as regards the provision of that particular bill. That's the case of Astorga v. Villegas. He can't change it because it's there.

Now, enrolled bill is the final copy of a bill. It means, it has been approved from both houses. Pinirmahan na ng Senate President, ng Speaker of the House, at ng mga Secretariat nila. Secretary, ano?

Ready na for the signature of the President. Under the Enrolled Bill Doctrine, the signing of the bill by the Speaker of the House and the President of the Senate and the certification by the Secretaries of both Houses of Congress that it was passed are conclusive of its due enactment. Hindi mo na pwedeng habulin yung...

kanilang irregularity if ever sasabing may irregularity because because there is presumption of regularity that's the enrolled bill doctrine maliwanag it's now listed in the journal now under section 27 paragraph 1 every bill passed by congress shall before it becomes a law be presented to the president there are three ways in which the bill may become a law. When the president signs it, then it becomes a law. Now, otherwise, he shall veto it and return the same with his objections to the house where it originated. So, merong security of tenure bill.

Para wakasan daw ang endo. Ayaw ng presidente, binito niya. Saan ba nanggaling ito? Sa House ba o sa Senate? Kung nanggaling sa Senate, edi ibalik sa Senado.

Okay? Kung nanggaling sa House, ibalik sa House. Which shall enter the objections at large in its journal and proceed to reconsider it.

Now, the House will reconsider. If after reconsideration, two-thirds of all the members of each house, of such house, shall agree to pass the bill, it shall be sent together with the objection to the other house. Okay?

So hindi lamang yung House of Origin, pinakakalimutan ng iba eh, no? Kala dun lang sa House of Origin. Pagka na ipasa ito, by passing the presidential veto, by a vote of two-thirds, ipapasa din dun sa kabilang chamber.

it shall also be subject to the deliberation and should it get Okay lang, sige, Ms. Verben sana. Okay, should it get the approval of two-thirds of all the members of the same house, of the said house, it shall become a law. That is bypassing the veto power of the President.

So the bill becomes a law even if it was vetoed by the President. Kaya lang alam nyo sa kasaysayan, iilan lang siguro kung meron ma ang bills na binito ng Presidente na naging batas. Before Pinoy left as president, there was a bill sponsored by the Macabayan Black.

That if it became a law, it would increase the pension of SSS pensioners by P1,000 every month. I want it to be just P1,000. What Pinoy did was return it to the house because it was the house of origin.

sa congressman neri colmenares of bayan muna labid para magconvene yung house para i override yung veto ng presidente but to no avail kasi at the time napakarami ng liberal eh diba oh so hindi na ipasa because of the veto of the president that's it now in case The votes of its house shall be determined by the yeis or nays. Enter it in the journal. Now, there are two. Either the president signed it or he vetoed it or his veto power was bypassed.

Or the presidential inaction. The president did not veto the bill. The president did not sign the bill.

After the lapse of 30 days, The bill shall automatically become a law as if the president signed it. The latest veto of the president is the anti-ENDO bill. We have lectures on YouTube about the ENDO.

Look, the solution is very easy to finish the ENDO. But the opposition of the employers is very serious. Why?

You'll see why. Now, can the item veto be done? And in the case of Bengson v. Drilon, Sabi ng Korte Suprema, the President shall have the power to veto any particular item or items in an appropriation or revenue or tariff bill.

But the veto shall not affect the item or items he does not object. Okay? The President is therefore compelled to approve into law the entire bill, including its undesirable parts.

So either aprobahan niya or i-vito niya, pero... hindi ma-aprobahan pag ayaw niya. Hindi po pwede yung partial veto. Okay?

It is for this reason that the Constitution has wisely provided the item veto power to avoid expedient riders being attached to an indispensable appropriation or revenue measures. Kasi pera pinag-uusapan dito eh. Di ba?

Baka may magsingit. Baka ito gusto ko. Hindi po pwede. Now, meron naman tinatawang na congressional veto.

Congressional veto, according to the case of Philippine Constitution Association versus Enriquez, is subject to serious questions involving the principle of separation of powers. Why? Any provision blocking an administrative action in implementing a law. or requiring legislative approval of executive acts must be incorporated in a separate and substantive bill okay the providing the win may question jan now what about appropriations appropriations budget the congressional appropriation authorization may be embodied in annual laws like the general appropriations act or special provisions of laws of general special application which appropriate public funds appropriate public funds for specific public purposes since the question decrease now appropriation measures is sufficient if the legislative intention clearly and certainly appears from the language employed so we cannot presume so that but clear yan now what about inappropriate provisions in that same case of philippine constitution association vs enriquez To be included in the category of inappropriate provisions are unconstitutional provisions and provisions which are intended to amend other laws. Pero yung title hindi naman for amendment.

Diba? Because clearly these kinds of laws have no place in an appropriation bill. So budget ang pinag-uusapan but in effect naglagay ka, nagsingit ka ng provision.

which in effect would alter or modify another law, is an inappropriate provision. As you know, the budget power is used by the Congress to force the other departments to give in to their demands. One time, I was watching the Senate Blue Ribbon Committee hearings on Pamali, Senator Kiko Pangilinan said, I have a complaint with Senator Kiko. Because the Vice President is also running. Grace is not allowed to be President.

That's what I want to say. Grace and Kiko Pangilinang. For Kiko and us.

But she didn't force it. Kiko will do it. Okay. She said there's still a budget hearing.

For those who don't want to appear here, we will see you again in budget hearing. Do not take my word for that. It's on YouTube. Watch their Senate investigation.

So, they are using this appropriation to force the agencies of the government to give in. Otherwise, you don't have a budget. Why? It's the executive who submits the budget.

Of course, the judicial is submitting the budget for them. It's Congress who approves the budget. Even if you submit it, if you don't want to approve it, you can't.

That's why the pork barrel became popular, right? kaya sila nag-a-approve ng budget, so nag-i-insert sila ng pork barrel. Sabi ng Korte Suprema, ay hindi po pwede. Well, hika ba ito versus Executive Secretary?

Didiscuss natin yan later on. Now, what about the power of taxation? In our jurisdiction, the power to tax is an attribute of sovereignty.

It's the strongest of all the powers of government. Of course, it is to be admitted that for all its plenitude, the power to tax is not unconfined. It means that there are limitations.

The power to declare war, congress, by about two-thirds of both houses in joint session. It means joint voting. Joint session but voting separately. Joint session, why are there such wordings? But voting separately.

shall have the power to declare, sole power, to declare the existence of a state of war. That's section 23 of Article 6. Now, 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 so unless withdrawn by a resolution of the congress such powers vested or delegated to the president shall cease upon the next adjournment of congress okay and you also have session you have regular session that starts on the fourth monday of july Kaya ito dinideliver ng Presidente yung kanyang SONA, na ang iba ang tawag ay Statements of No Accomplishments. Kaya SONA, Statements of Drugs Accomplishments. And then it will continue until June of the succeeding year. Kasi ang fiscal year ng gobyerno ay July 1 up to June 30 the next year.

That's why newly elected officials will take their oath on June 30 and will start their office in July 1. Until then, the incumbents are only on June 30. And the president may also call Congress for special sessions anytime. to settle important issues affecting the country, which in the past, yan ay ginagamit para i-release yung pork barrel. Because you know, it's the executive department who handles the budget. Ngayon, ang nangyayari, kahit naman may allocation ng pork barrel in the past, hindi naman nire-release yan eh, kung hindi kakakampi.

Kaya, ang ginagawa dyan, pag nagtawag ng special session, alam na, para umaten ka, merong inire-release. Sabi allowance.

Transcript for:Understanding Legislative Power and Congress

Transcript for:
Understanding Legislative Power and Congress