Philippine Constitutional Law: Legislative Department, Constitutional Commissions, and Accountability of Public Officers

A set of 50 vocabulary flashcards covering Article VI (Legislative Department), Article IX (Constitutional Commissions), Article XI (Accountability of Public Officers), and leading Philippine Supreme Court doctrines.

Composition of the Senate (Article VI, Section 2)

The Senate is composed of $24$ senators elected at large by the qualified voters of the Philippines.

Qualifications of a Senator (Article VI, Section 3)

A natural-born citizen of the Philippines, at least $35$ years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than $2$ years immediately preceding the day of election.

Term of Office and Consecutive Limit of Senators (Article VI, Section 4)

A term of $6$ years, with a limit of no more than $2$ consecutive terms; voluntary renunciation of office for any length of time is not considered an interruption in the continuity of service.

Composition of the House of Representatives (Article VI, Section 5)

Not more than $250$ members, unless otherwise fixed by law, elected from legislative districts apportioned among provinces and cities, and through a party-list system of registered national, regional, and sectoral parties.

Party-List Representation Proportion (Article VI, Section 5)

Party-list representatives shall constitute twenty per centum ($20\%$) of the total number of representatives in the House of Representatives.

Qualifications of a Member of the House of Representatives (Article VI, Section 6)

A natural-born citizen of the Philippines, at least $25$ years of age, able to read and write, a registered voter in the district in which they are elected, and a resident thereof for not less than $1$ year.

Privilege from Arrest (Article VI, Section 11)

Immunity granted to Senators and Representatives from arrest while Congress is in session for all offenses punishable by not more than $6$ years of imprisonment.

Speech and Debate Clause (Article VI, Section 11)

A constitutional immunity providing that no member shall be questioned nor be held liable in any other place for any speech or debate made in Congress.

Incompatible Office (Article VI, Section 13)

The prohibition barring a Senator or Member of the House of Representatives from holding any other office or employment in the Government, its subdivisions, agencies, or GOCCs during their term without forfeiting their seat.

Forbidden Office (Article VI, Section 13)

The prohibition barring legislators from being appointed to any civil office that was created or whose emoluments were increased during the term for which they were elected.

Appearance as Counsel Prohibition (Article VI, Section 14)

The rule prohibiting Senators and Representatives from personally appearing as counsel before any court of justice, Electoral Tribunals, or quasi-judicial and other administrative bodies.

Quorum in Congress (Article VI, Section 16)

A majority of each House required to do business, though a smaller number may adjourn from day to day and compel the attendance of absent members.

Electoral Tribunals (Article VI, Section 17)

Independent constitutional bodies that serve as the sole judge of all contests relating to the election, returns, and qualifications of their respective members, each composed of $9$ members ($3$ Supreme Court Justices and $6$ legislators).

Commission on Appointments (Article VI, Section 18)

A constitutional body tasked with confirming appointments, composed of the Senate President as ex officio chairman, $12$ Senators, and $12$ Members of the House of Representatives.

Exclusive Origin of Certain Bills (Article VI, Section 24)

The mandate that all appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills must originate exclusively in the House of Representatives.

Constitutional Limitation on Appropriations (Article VI, Section 25)

The constitutional rule providing that Congress may not increase the appropriations recommended by the President in the proposed national budget.

One Title, One Subject Rule (Article VI, Section 26 / Imbong v. Ochoa)

The constitutional requirement that every bill embrace only one subject expressed in its title; the title need not index every provision as long as it fairly indicates the general subject without misleading Congress or the public.

Three-Reading Rule and Urgency Exception (Article VI, Section 26)

The requirement that a bill pass three readings on separate days with printed final copies distributed $3$ days before passage, except when the President certifies the necessity of immediate enactment for emergencies or public calamities.

Presidential Inaction and Lapse of Time (Article VI, Section 27)

The process by which a bill automatically becomes a law if the President fails to veto it and return it with objections to the originating House within $30$ days after receipt.

Tax Exemption Approval Requirement (Article VI, Section 28)

The requirement that no law granting any tax exemption shall be passed without the concurrence of an absolute majority of all the Members of the Congress.

General Disqualifications of Constitutional Commissioners (Article IX-A)

Prohibitions against acting or temporary appointments, salary decreases during tenure, outside employment or profession, and appointing presidential spouses or relatives within the $4\text{th}$ civil degree of consanguinity or affinity.

Civil Service Commission Coverage (Article IX-B)

The central personnel agency composed of $1$ Chairman and $2$ Commissioners, covering all branches, subdivisions, agencies, LGUs, and GOCCs with original charters created by special laws.

Commission on Elections Qualifications (Article IX-C)

A body composed of $1$ Chairman and $6$ Commissioners, where the majority, including the Chairman, must be Philippine Bar members who have practiced law for more than $10$ years.

Commission on Audit Qualifications (Article IX-D)

Composed of $1$ Chairman and $2$ Commissioners who must be CPAs with at least $10$ years auditing experience or Bar members practicing law for at least $10$ years, provided not all belong to the same profession.

Impeachable Officers (Article XI, Section 2)

The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman.

Grounds for Impeachment (Article XI, Section 2)

Culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

One-Year Bar Rule for Impeachment (Francisco v. NMMP / Gutierrez v. HR Comm on Justice)

Impeachment is initiated upon filing and referral of a verified complaint to the Justice Committee (or filing with one-third House endorsement); simultaneous referral of two complaints is initiated at the same time and does not violate this bar.

Residence in Election Law (Sabili v. COMELEC / Mangudadatu v. COMELEC)

Residence is equated to domicile, requiring actual presence, intention to remain, and intention to abandon the former domicile; property ownership in the locality is not required.

Apportionment Standards for Legislative Districts (Aldaba v. COMELEC)

Constitutional rules requiring that a city have at least $250,000$ inhabitants to constitute a separate district, and that districts be contiguous, compact, and adjacent as far as practicable.

Exclusive Congressional Power over Legislative Districts (Sema v. COMELEC)

The rule that the power to create or reapportion congressional districts belongs exclusively to Congress through national law; regional assemblies cannot indirectly create districts by creating provinces.

Gerrymandering

The manipulation of representative district boundaries to favor a particular political group.

Interruption of the Three-Term Limit (Naval v. COMELEC)

The reapportionment or renaming of an elective legislative district does not interrupt the three-term limit when a candidate has already served three consecutive terms in the same elective post.

BANAT Formula (Banat v. COMELEC)

Party-list allocation rule: rank groups by votes, give $1$ guaranteed seat to groups receiving at least $2\%$, distribute remaining seats proportionately regardless of the $2\%$ threshold, and apply a $3$-seat cap per group.

Replacement of Party-List Nominees (Lokin, Jr. v. COMELEC)

Statutory rule providing that a party-list organization cannot change its nominees unless the nominee dies, voluntarily withdraws in writing, or becomes incapacitated.

Scope of Party-List Representation (Atong Paglaum v. COMELEC)

The ruling that the party-list system is not limited to marginalized sectors and includes national, regional, and sectoral parties, where national and regional parties need not represent marginalized sectors.

Official Functions Test for Parliamentary Immunity (Jimenez v. Cabangbang)

The rule that the Speech or Debate Clause protects legislators only for statements and acts made in the discharge of official legislative functions, excluding open letters published in newspapers.

Disciplinary Authority over Privilege Speeches (Defensor-Santiago v. Pobre)

The principle that parliamentary immunity shields a legislator from external judicial liability for remarks in a privilege speech, but does not shield the member from Congress's internal authority to discipline its own members.

Working Quorum of the Senate (Avelino v. Cuenco)

The rule that an absolute majority of members within the working jurisdiction of the Senate (such as $12$ out of $23$ working Senators) constitutes a valid constitutional quorum.

Publication Requirement for Legislative Inquiries (Garcillano v. HR Committees)

The constitutional mandate under Article VI, Section 21 requiring each Congress to publish its rules of legislative inquiry in the Official Gazette or a newspaper of general circulation to satisfy due process.

Repudiation of Enrolled Bill (Astorga v. Villegas)

The principle that when the Senate President repudiates their signature on an enrolled bill, the Senate Journal may be examined to verify whether both Houses approved the exact same measure.

Requisites for Transfer of Jurisdiction to HRET (Reyes v. COMELEC)

The three conditions required to transfer jurisdiction from COMELEC to an Electoral Tribunal: (1) valid proclamation, (2) proper oath of office, and (3) assumption of office.

Independence of Electoral Tribunals (Bondoc v. Pineda)

The principle that Electoral Tribunals are independent constitutional bodies whose members must exercise independent judgment and cannot be removed or controlled by their political parties for contrary voting.

Ceiling on Unprogrammed Appropriations (Lagman v. Congress of the Philippines)

The ruling that Congress violates Article VI, Section 25(1) when it increases unprogrammed appropriations (e.g., by $₱449.5\text{ billion}$) beyond the President's total recommended budget.

Constitutional Requisites for Fund Transfers (Araullo v. Aquino III)

Under Article VI, Section 25(5), fund transfers are permissible only from actual savings, with statutory authority, to augment an existing appropriation item within the same office, rendering the DAP unconstitutional.

Power of the Purse

The constitutional authority of Congress to control government spending by deciding how public funds are appropriated, allocated, and authorized for use.

Doctrine of Non-Delegation of Powers

The administrative law principle that powers delegated by the sovereign people to government departments cannot be further redelegated to another branch or instrumentality.

Completeness Test and Sufficient Standard Test

Tests for valid delegation: completeness requires the law to lay down the policy leaving only enforcement to the delegate; sufficient standard requires the law to define policy boundaries and specify the enforcing agency.

Limitations on Administrative Rule-Making (Review Center v. Ermita)

The principle that the Executive cannot use Executive Orders or administrative rules to expand an agency's powers beyond those legally delegated by Congress under enabling statutes like Republic Act No. $7722$.

Internal Rules Violations and Statute Validity (Arroyo v. De Venecia)

The ruling that an enacted law remains valid despite alleged violations of a legislative chamber's internal procedural rules, provided mandatory constitutional requirements for lawmaking are satisfied.

Legislative Inquiries vs. Question Hour (Senate v. Ermita)

Inquiries in aid of legislation allow committees to compel any person and cannot be blocked by executive consent; Question Hour is discretionary, restricted to department heads before the full House, and requires presidential consent.