POLITICAL LAW (LEGIS DEPT TO CONSTI COMM)

Non-Delegation of Legislative Power

A law granting unlimited discretion to the court in setting imprisonment terms is unconstitutional because it violates the principle of non-delegation of legislative power.

• Courts cannot set imprisonment terms without legislative reference points.

• Valid delegation requires specific limits set by law; otherwise, it's an undue delegation or intrusion of legislative power.

Similarly, an unrestricted grant of discretion to dispose of confiscated items without standards is an undue delegation of legislative powers.

Administrative Rules (IRRs)

Administrative rules must align with the law's provisions and serve solely to implement its general provisions.

• IRRs cannot expand the law; an administrative agency cannot amend an act of Congress.

Legislative Department

Legislative power includes making, altering, and repealing laws. Its purpose is to determine legislative policy and enact binding rules within constitutional bounds.

• Legislation applies the state's police power.

• Congress's power is plenary, covering broad areas, subject to constitutional limitations.

• The Constitution limits, but does not grant, legislative power.

• Legislative power extends to any subject not constitutionally limited.

• Law enactment is Congress's prerogative; courts cannot question the law's wisdom or override legitimate policy.

Legislative power is vested in Congress, except for initiatives and referendums, but this does not prohibit Congress from enacting, amending or repealing laws desired or adopted by the people.

Legislative Powers in a Republican System

1. Original Legislative Power: Held by the sovereign people. (Section 1, Article II of the Constitution). Sovereignty resides in the people, and all government authority emanates from them.

2. Derivative Legislative Power: Delegated by the sovereign people to legislative bodies and subordinate to the original power of the people.

Nature of Congress

The Congress of the Philippines is a bicameral body with a Senate and a House of Representatives.

Advantages of a Bicameral Body:

1. Ensures quality legislation through thorough scrutiny.

2. More representative and democratic, accounting for regional and national interests.

3. Less susceptible to graft and corruption due to mutual checks.

Disadvantages of a Bicameral Body:

1. More expensive.

2. May cause delays in passing urgent bills.

3. Potential for inter-chamber conflicts and deadlocks, impairing efficiency.

The Senate

The Senate has 24 Senators elected at large by qualified voters.

Senator Qualifications:

a) Natural-born citizen;
b) At least 35 years old on election day;
c) Able to read and write;
d) Registered voter; and
e) Resident of the Philippines for at least two years before election day.

• Constitutional qualifications for public office, including Congress, must be continuously possessed during incumbency.

• A natural-born citizen is defined constitutionally as one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his citizenship.

• Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority are considered as natural-born Filipinos.

• Age requirement must be met on election day, not when filing candidacy certificate.

A registered voter meets voter qualifications, suffers no disqualifications provided by law and is on the list of voters.

Residence implies a place where one habitually resides with intent to return, characterized by animus revertendi.

• Residence equals domicile, requiring intent to reside in a fixed place with personal presence, coupled with conduct showing such intention.

• Domicile is not easily lost, requiring: removal/change, intent to abandon former residence and establishing a new one, and corresponding corresponding acts.

• There must be animus manendi (intent to remain) and animus non revertendi (intent not to return).

A person cannot have two domiciles at the same time. Acquiring a new residence forfeits the old.

• Only legal or constructive presence is required; temporary absence for profession or occupation does not abandon legal residence.

• The Constitution does not require congressional candidates to sell homes and buy new ones to qualify for congressional seat.

• The Constitution mandates at least a year's residence in the district before election day.

Residence, not necessarily property ownership, determines compliance with the residency requirement.

• It is unconstitutional to impose a property requirement right to hold public office.

Congress cannot increase or decrease constitutionally prescribed qualifications for office without violating constitutional supremacy.

• Pimentel vs. Comelec: Mandatory drug tests for elected officials were unconstitutional as they added requirements beyond Constitution.

Term of Office

Senators serve six-year terms, commencing at noon on June 30 following their election. No Senator can serve more than two consecutive terms.

• Voluntary renunciation does not interrupt term continuity; involuntary renunciation does not affect term limits.

House of Representatives

The House of Representatives has no more than 250 members unless fixed by law.

• Elected from legislative districts apportioned among provinces, cities, and Metro Manila based on population and a uniform, progressive ratio; and those elected through a party-list system.

• Party-list representatives constitute 20% of the total number of representatives.

Members are of two kinds:

• Those elected from legislative districts; and

• Those elected through a party-list system.

Party-list representatives are "elected" into office through a system where voters cast votes for their parties or organizations.

• Both district and party-list representatives have the same deliberative rights, salaries, and term limitations.

The Constitution does not prohibit Congress from increasing its membership.

• As such, Constitution did not preclude Congress from increasing its membership by passing a law, other than a general apportionment law.

• This was exactly what was done by Congress in enacting RA 7854 and providing for an increase in Makati's legislative district.

• Denying legislative representation to new cities or provinces would deprive their citizens of sovereignty, which is indivisible.

District Representatives

Qualifications:

a) Natural-born citizen;
b) At least 25 years old on election day;
c) Able to read and write;
d) Registered voter in the district to be elected; and
e) Resident thereof for at least one year before election day.

Term of Office

Members of the House of Representatives serve three-year terms, commencing at noon on June 30 following their election. No Member can serve for more than three consecutive terms.

• Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

The Party-List System

Governed by RA 7941, it's a mechanism for proportional representation in electing representatives to the House from national, regional, and sectoral parties or organizations registered with COMELEC.

• Component parties of a coalition may participate independently if the coalition does not.

Participating Organizations:

a) Political party (national or regional)
b) A sectoral party
c) A coalition of parties.

A political party is an organized group advocating an ideology or platform for government conduct.

• It is national if its constituency spans a majority of regions, regional if it spans a majority of cities/provinces in a region.

A sectoral party is an organized group belonging to sectors enumerated in Section 5 of RA 7941.

• These incluse: labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.

A sectoral organization is a group of citizens sharing similar physical attributes, employment, interests, or concerns.

A coalition is an aggrupation of registered parties/organizations for political/election purposes.

Supreme Court Guidelines from Atong Paglaum vs. Comelec:

1. National, regional, and sectoral groups may participate.

2. National/regional parties need not represent any marginalized sector.

3. Political parties may participate if they register under the party-list system and do not field candidates in legislative district elections (or do so only through a sectoral wing).

4. Sectoral parties may represent marginalized sectors or those lacking defined political constituencies.

5. A majority of the members of sectoral parties or organizations representing the marginalized and underrepresented must belong to the sector they represent

6. Parties/organizations are not disqualified if some nominees are disqualified, with at least one nominee qualified.

Evidence of track record is not required for registration; only constitution, by-laws, platform, list of officers, coalition agreements, and relevant information is needed.

For registration, national or regional parties need not represent any marginalized sector, it is enough that their principal advocacy pertains to the special interest and concerns of their sector.

Evidence showing a track record in representing the marginalized and underrepresented sectors is only required from nominees of sectoral parties or organizations that represent the marginalized and underrepresented who do not factually belong to the sector represented by their party or organization.

Banat vs. Comelec established four parameters in a Philippine-style party-list election system:

1. 20% of House membership is the maximum number of seats available.

2. 2% of party-list votes guarantees a seat.

3. The two percent (2%) threshold as it applies to the allocation of the additional seats is now unconstitutional.

4. The three-seat cap is constitutional.

Seat Allocation Formula:

{Number \, of \, seats \, available \, to \, legislative \, districts \over .80} * .20 = {Number \, of \, seats \, available \, to \, party-list \, representatives}

Party-List Percentage Formula:

{percentage \, of \, a \, particular \, party-list=(no. \, of \, votes \, cast \, for \, that \, particular \, party-list \over total \, no. \, of \, votes \, casted \, in \, the \, party-list)\ * 100 }

A party obtaining at least 2% of the votes cast is entitled to one seat (guaranteed seat).
There are two-steps in the second round allocation.

1. First, multiply the percentage by the remaining available seats. The whole integer corresponds to share in the remaining available seats.

2. Assign one party-list seat to each party next in rank until all available seats are completely distributed.

Divisor Formula offered in Alliance for Rural and Agrarian Reconstruction, Inc. (Araro) vs Comelec:

Shall be the total number of valid votes cast for the party-list system including votes cast for party-list groups whose names are in the ballot but are subsequently disqualified.

As such, party-list groups whose disqualification attained finality prior to elections and whose disqualification was reasonably made known by the Commission on Elections to the voters prior to such elections should not be included in the divisor.

The divisor shall also not include votes that are declared spoiled or invalid that resulted from the following: improper shading or having no shade at all; existence of stray or ambiguous marks; tears in the ballot; and/or ballots rejected by the Precinct Count Optical Scan (PCOS) machines under the paper-based automated election system.

Grounds for Denial or Cancellation of Party Registration:

1. Religious sect or denomination.

2. Advocates violence or unlawful means to seek goals.

3. Foreign party or organization.

4. Receiving support from a foreign government for partisan election purposes.

5. Violates or fails to comply with election laws, rules, or regulations.

6. Declares untruthful statements in its petition.

7. Ceased to exist for at least one year.

8. Fails to participate in the last two elections/obtain 2% of votes.

Examples:

Magdalo's registration was denied due to the use of violence and unlawful means.

In Ang Ladlad vs Comelec the Court did not sustain the decision of the Comelec disqualifying the group's participation on the ground of sexual immorality for condoning consensual same sex partnership.

A party-list group qualifying in the second round of seat allocation cannot be delisted for garnering less than 2% in the last two elections.

Features of RA 7941:

Nominees: Each party shall submit a list of at least five nominees to COMELEC 45 days before the election, with written consent. Lists cannot include candidates for elective office or anyone who lost in the immediately preceding election. No changes or adjustments are to be made after submission (exceptions for death, withdrawal, or incapacitation).

The substitute must be placed last in the list.

Qualifications: Nominees must be a natural-born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election.

Vacancy: Vacancies will be filled by the next representative on the list. Exhausted list prompts additional nominees.

In Lokin Jr vs Comelec, the Court nullified a Comelec that provided a substitute nominee to be a party be withdrawing its nomination.

In Cocofed vs Comelec, the Court held that failure to submit the list of five nominees before the election warrants the cancellation of its registration.

Lastly, in Senior Citizens Party List vs Comelec, filing of vacancy as a result of term sharing agreement among nominees of winning party-list group/organizations is not allowed.

District vs. Party-List Representatives:

Both district representatives and party-list representatives have: deliberative rights, the same salaries, the same term limitation of three (3) years for a maximum of three (3) consecutive terms.

An elected party who changes political party or sectoral affiliation during the term of office will forfeit his seat.

Legislative Apportionment and Gerrymandering Restrictions

Article VI, Section 5, of the Constitution provides:

"Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative."

"Within three years following the return of every census, the Congress shall make a reappointment of legislative districts based on the standards provided in this section."

Gerrymandering:

Gerrymandering is the alteration of voting districts to unfairly arrange the geographical units or districts for self-interest. This violates the constitutional mandate that each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory.

Legislative apportionment's aim is "to equalize population and voting power among districts."

Apportionment:

• The number of people represented.

• The uniform and progressive ratio observed among the representative districts.

• Accessibility and commonality of interests in terms of each district being, as far as practicable, continuous, compact, and adjacent territory.

Congress alone can apportion legislative districts validly.

• Sema vs. Comelec: ARMM cannot validly create a province or city.

Creation of legislative districts is a power exercised through a law that Congress itself enacts, and not through a law that regional or local legislative bodies enact.

An inferior legislative body cannot change the membership of the superior legislative body. In Aldaba vs Comelec, the Congress passed RA 9591 creating a legislative district for the City of Malolos, Bulacan. This law was unconstitutional for being violative of Section 5(3), Article VI of the 1987 Constitution and Section 3 of the Ordinance appended to the 1987 Constitution. Such requirement is that, as required by the 1987 Constitution, a city must have at least 250,000 population first before it could be entitled to a district representative in the immediately following election.

The Constitution does not fix a 250,000 minimum population that must compose a legislative district.

• The 250,000 minimum population is only required for a city, but not for a province.

• Mariano case limited the application 250,000 minimum population requirement for cities only to its initial legislative district.

Plebiscite:

*Plebiscite requirement is not required under the apportionment or reapportionment provision.
The legislative district is not a corporate unit. Thus, it has no legal personality that must be created or dissolved and has no capacity to act. Hence, there is no need for any plebiscite in the creation, dissolution, or any other similar action on a legislative district.

Salaries

The Constitution (Section 10, Article VI) provides that "The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase".

Any increase becomes effective only upon the expiration of the full term of the Members who approved it.

Records and books of accounts of Congress shall be preserved, open to the public, and audited by the Commission on Audit, which annually publishes itemized amounts paid to and expenses incurred for each Member.

Parliamentary Immunities (Section 11, Article VI)

1. Immunity from Arrest
   A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session.

The privilege ensures representation by preventing attempts to prevent a legislator from attending sessions.

• Invoked if the offense (or alleged offense) does not carry a penalty of more than six years, for as long as Congress is in session, regardless of legislator's actual attendance.

• "Session" refers to entire convening period, not daily meetings.

Immunity from arrest or detention of Senators and Members of the House of Representatives arises from a provision of the Constitution - granted in a restricted sense. A Congressman convicted of an offense, with more than six years imprisonment could not claim parliamentary immunity from arrest. He was subject to the same general laws governing all persons still to be tried or whose convictions were pending appeal.

2. Privilege Speech and Debates
   No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Utterances made by the Congressmen (legislators) in their official functions, such as speeches delivered, statements made, or votes cast in the halls of Congress, statements made, or votes cast is included in what comprised a "speech or debate".

The provision guarantees freedom in expressing views on public interest matters without fear of accountability outside Congress.

• This freedom does not protect him from responsibility before the Congress itself, whenever his words and conduct are considered disorderly or unbecoming a member thereof.

• Jimenez vs. Cabangbang: "Speech or debate" refers to acts performed by a Member in his official capacity.

Parliamentary immunity is not absolute; it does not protect from responsibility before the legislative body itself.

Pobre vs. Santiago: Parliamentary immunity protects the member from accountability before the courts or any other forum outside of Congressional Hall. However, the Court had expressed its deep concern about the language the respondent Senator, who is a member of the Bar, used in her speech and its effect on the administration of justice.

Courts do not interfere with the legislature or its members in the manner they perform their functions in the legislative floor or in committee rooms. Courts are aware that any claim of an unworthy purpose or of the falsity and mala fides of the statement uttered by the member of the Congress does not destroy the privilege. The disciplinary authority of the assembly and the voters, not the courts, can correctly discourage or correct such abuses committed in the name of parliamentary immunity.

Disclosure of Interest

All Members of both the Senate and the House shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise in the filing of the proposed legislation of which they are authors."

The first sentence aligns with state policy on transparency and full public disclosure of all transactions involving public interest.

• A legislator, like any public officer, must submit a declaration under oath of assets, liabilities, and net worth.

The second sentence makes the House aware of a Member's interest in a particular bill which may pose a conflict in his duties as a legislator. As for the legislator himself, his advance disclosure may likewise benefit him in the event of future allegation of conflict of interest by his colleagues.
It would seem that if he is not the author of the bill, there is no obligation on his part to make such a disclosure of information.

Prohibitions for Members of the Congress

1) Incompatible and Forbidden Office: No member of the legislature may hold any other office or employment in the government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat.

This is the incompatible office or conflict of interest rule. Incompatibility of offices exists where there is a conflict in the duties of the office, so that the performance of the duties of the one interferes with the performance of the duties of the other.
Purpose is to preserve the independence of the legislature. By accepting appointment in another office of the government, usually executive, the legislator serves two masters, the executive and the legislative.

However, even if the Member of Congress is willing to forfeit as a legislator, he may not still be appointed to any office in the government if that has been created or the emoluments thereof have been increased during his term. This is the forbidden office.

2) Other Prohibitions
Aside from the two prohibitions mentioned in Section 13, Section 14 further states other prohibitions for Members of Congress:

a) No Member of Congress may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies;
b) No Member of Congress shall directly or indirectly be interested financially in any contract with or in any franchise of special privilege granted by the government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporations, or its subsidiary, during his term of office; and
c) No Member of Congress shall intervene in any matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office.

Section 14 was designed to forestall any possibility of taking advantage of his position in dealing with the courts and other government offices, or in their personal or business transactions.

What is proscribe is personal appearance as counsel. The lawyer-legislator may still practice his law profession except appearing as counsel before the courts and other administrative bodies or military tribunals.

Conduct of Business

The Constitution commands the Congress to convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays.

• The President may call a special session at any time.

• Neither House during the session of the Congress shall, without the consent of the other, adjourn for more than three (3) days, nor to any other place than that in which the two Houses shall be sitting.

During the opening of its regular session, the President is duty bound to attend and to give his inaugural address to the Congress.

Once convened, the Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective members.

Occasions when Congress conduct a special session:

1) Upon the call of the President
2) Due to vacancies in the offices of President and Vice-President
3) To decide on the disability of the President when a majority of the cabinet disputed the President's written declaration that he is able to discharge the power and duties of his office.
4) To revoke or extend the proclamation of martial law by the President or the suspension of the privilege of the writ of habeas corpus.

Recess or Adjournment-A mandatory recess is prescribed for the 30-day period before the opening of the next regular session, exclusive of Saturdays, Sundays, and legal holidays.

• Notwithstanding the mandatory recess, there may be instances where Congress may validly continue enacting bills even beyond the prescribed period of adjournment.

This is when Congress conducts a sine die session where the "hands of the clock are stayed" in order to afford the legislative body the opportunity to continue its session-all bills enacted are considered valid and conclusive.

Quorum

"A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide."

A Quorum is the number required to enable a body or group (Congress) to transact a business.For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required.

Required Votes:

1. Suspending or expelling a member - 2/3 of all its Members

2. Entering the yes and nays in the Journal - 1/5 of the Members present requested the same

3. Declaring the existence of a state of war - 2/3 of both Houses in joint session voting separately

4. Reconsideration of a bill after a presidential veto - 2/3 of the Members of the House where the bill originated and thereafter by 2/3 of the Members of the other House

5. Determination of President's inability to discharge the powers and duties of his office - 2/3 of both Houses voting separately

Voting Separately:

1. Determination of President's inability to discharge the powers and duties of his office;

2. Confirming the nomination of Vice-President;

3. Declaring the existence of a state of war.

Voting Jointly:

1. Revocation or extension of the proclamation or martial law or suspending the privilege of the writ of habeas corpus.

Rules of Proceedings

Each House may determine the rules of its proceedings.

• The Power of both Houses of Congress to determine its rules of proceedings is generally exempt from judicial supervision and interference, except on a clear showing of arbitrary and improvident use of the power as will constitute a denial of due process.

Discipline of Members

"Each House may punish its Members for disorderly behavior, and with the concurrence of two-thirds (2/3) of all its Members, suspend or expel a Member. A penalty of Suspension, when imposed, shall not exceed sixty days.

The interpretation of the phrase disorderly behavior is the prerogative of the House concerned and is not subject to judicial review because each House is the sole judge of what constitutes disorderly behavior.

• For unparliamentary conduct, Members of Congress can be censured, committed to prison, suspended, even expelled by the votes of their colleagues.

The Supreme Court has been called upon to distinguish between administrative suspension and suspension as a disciplinary action.
In Santiago vs Sandiganbayan, the Court held that Members of Congress maybe suspended by Sandiganbayan or by the Office of the Ombudsman. Suspension in the Constitution is different from the suspension prescribed in RA 3019. The latter is not a penalty but a preliminary preventive measure and is not imposed upon the petitioner for misbehavior as a Member of Congress. In issuing the order of suspension, the Sandiganbayan merely performed its ministerial duty, pursuant to the mandate of the Anti-Graft and Corrupt Practices Act.

Journal and Enrolled Bill

A journal is the official respository of the business activities undertaken by the Senate or the House of Representatives.
It is the evidence of the actions or activities taken by the legislature in the performance of its duties. Basis of the quorum is the number of Senators who are within the jurisdiction of the Philippines

Matters Required to be Entered in the Journal:

1. The yes and nays on any question at the request of at least one-fifth of the Members present

2. The yes and nays of the last reading of a bill

3. Objections of the President when he vetoes a bill

4. The yes and nays and the names of the Members of each House constituting two-thirds vote of each House, voting separately, when it overrides the veto of the President

5. The vote of each Member of the House, constituting one-third of all the Members, who voted to affirm or override a resolution on the Articles of Impeachment of the Committee

The Enrolled Bill Doctrine:

An Enrolled Bill prevails over the contents of the Journals, except when the Congress itself repudiates the enrolled bill, or with respect to those matters which under the Constitution are required to be entered in the Journal
An Enrolled Bill is the offical copy of approved legislation certified by the presiding officers of each House. The respect due to co-equal department requires the courts to accept the certification of the presiding officers as conclusive assurance that that bill so certified is authentic.

Electoral Tribunals

"The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members."

The 9-member Electoral Tribunal consists of:

1. Judicial: three (3) Supreme Court Justices designated by the Chief Justice; and

2. Legislative: -six (6) Members of the House concerned chosen on the basis of proportional representation from political parties and party-list organizations.

The Senior Justice in the Electoral Tribunal shall be its Chairman.

This includes the determination of the validity or invalidity of a proclamation declaring a particular candidate as the winner.

The phrase "election, returns, and qualifications" should be interpreted in its totality as referring to all matters affecting the validity of the contestee's title.

• "Election" refers to the conduct of the polls, including the listing of voters, the holding of the electoral campaign, and the casting and counting of votes; "returns" to the canvass of the returns and the proclamation of the winners, including questions concerning the composition of the board of canvassers and the authenticity of the election returns; and "qualifications" to matters that could be raised in a quo warranto proceeding against the proclaimed winner, such as his disloyalty or ineligibility or the inadequacy of his certificate of candidacy.

Vinzons-Chato vs Comelec-held that once a winning candidate congressional has been proclaimed, taken his oath and assumed office as a member of the House of Representatives, Comelec's jurisdiction is over election contest is over and the House of Representatives Electoral Tribunal its own jurisdiction begins.

However, as held in Reyes vs Comelec, three requisites must concur: 1) a valid proclamation, 2) proper oath and 3) assumption of office and before there is a valid or official taking of the oath, it must be made (a) before the Speaker of the House of Representatives and (b) in open session.

Lim-Kaichong vs. Comelec said the the prescriptive period under the HRET Rules does not apply to disqualification cases based on citizenship.
*Members must be naturalized at initial election, and during entire tenure.
As the "sole judge", as the electoral tribunal is independent of the Congress and its decision may not be subject to review by the Supreme Court, except upon showing of grave abuse of discretion.
Neither Congress nor Courts may interfere with procedural matters; members may not be arbitrarily removed or for not voting according to party.

Grounds for Termination of Membership in Electoral Tribunal:

1. Expiration of the term;

2. Death or permanent disability;

3. Resignation from the political party he represents in the tribunal;

4. Formal affiliation with another political party;

5. Removal from office for a valid reason.

Commission on Appointments

There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties or parties or organizations registered under the party-list system represented therein.

Composition:

1. Senate President as ex officio chairman

2. Twelve (12) Senators

3. Twelve (12) Members of the House of Representatives

The Constitution gives to the two Houses of Congress the primary jurisdiction over who should sit in the CA. This includes the determination of party affiliation and number of party members for the purpose of determining proportional representation.

Jurisdiction

The CA shall confirm the following presidential appointments:

1. Heads of Executive Departments, except in an instance when the Vice-President is appointed as a cabinet member or as
   an ambassador, public minister, or consul;

2. Ambassadors, other public ministers, or consuls;

3. Officers of the Armed Forces of the Philippines (AFP) from the ranks of Colonel or Naval Captain;

4. Other officers whose appointments are vested in him by the Constitution, such as:

5. Regular members of the Judicial and Bar Council

6. Chairmen and Commissioners of Independent Constitutional Commissions (excluding Commission on Human Rights)

Important Parameters

1. Majority vote by all members needed to rule.

2. Chairman cannot vote if there is no tie.

3. Must act in 30 days.

4. CA shall meet only while the Congress is in session, at the call of its chairman or a majority of all its members.

Unless the other department is specified by law, Congress cannot determine the appointment of a person to subject to confirmation by CA.

Other Limitations:

1. Appointments extended by the President to those positions enumerated above while the Congress is not in session shall only be effective until disapproval by the CA or until the next adjournment of Congress.

2. The CA is independent, hence, outside the control of the Congress and beyond the scope of judicial review, as a rule.

The Electoral Tribunals and the Commission on Appointments are both creatures of the Constitution, with the exception of the judicial component of the Electoral Tribunals, membership in these bodies is generally confined to members of Congress. Nevertheless, they remain independent of Congress. Their respective powers do not come from Congress, but emanate directly from the Constitution. Their function is not regarded as legislative in nature, but quasi-judicial (for Electoral Tribunals) or executive (for Commission on Appointments). Therefore, they are not agents of Congress.

Powers of Congress

The powers of Congress are classified into two categories:

· Legislative

· Non-Legislative

As already stated, legislative power is the power to enact laws, alter, or repeal the same.

*Includes: power of appropriation, taxation and expropriation and legislative inquiries

Non-legislative powers of Congress refer to those powers and duties that are not connected with the legislation but are assigned by the Constitution to be performed by the Congress

Limitations on Legislative Power
Limitations on legislative power may either be express or implied. Express limitations are provided in Declaration of Principles and State Policies, the Bill of Rights, the provisions on Initiative and Referendum, and other relevant provisions of the Constitution
with implied limitations are founded evident purpose of the act and the circumstances and historical events which led to the enactment of the law.

*With regard to express limitations, they could be Substantive, affecting content or Procedural, affecting steps enacted

The substantive limitations are as follows:

1) Congress cannot pass irrepealable laws:
2) Congress cannot pass ex post facto law or bill of attainder:
3) Congress may not increase the appropriation recommended by the President for the operation of the government as specified in the budget.
4) Every bill passed by Congress shall embrace one subject which shall be