CONSTITUTIONAL LAW REVIEW ATTY. JOHN PAUL B. CUBERO St. Marys College of Tagum Inc.

College of Law SY 2013-14 Session 6 THE PHILIPPINE CONGRESS DUTY TO DISCLOSE Section 12. All members of the Senate and the House of Representative 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 from the filing of a proposed legislation of which they are authors. This provision speaks of duty to disclose the following: (1) Financial and business interest upon assumption of office (2) Potential conflict of interest that may arise from filing of a proposed legislation of which they are authors. PROHIBITIONS (Disqualifications and Inhibitions) 1. Prohibitions: Disqualifications (1) To hold any other office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporation or their subsidiaries during his term without forfeiting his seat. (Incompatible office) (2) To be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. (Forbidden office) Prohibitions on lawyer-legislators (3) To personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Conflict of Interests (4) To be interested financially, directly or indirectly, in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. (5) To intervene in any matter before any office of the Government for his pecuniary benefit or intervene in any matter before any office of the Government where he may be called upon to act on account of his office. 2 Kinds of Office under Article 13 1) Incompatible office (1st sentence of article 13) 2) Forbidden office (2nd sentence of article 13) Incompatible Office Purpose. The purpose of prohibition of incompatible offices is to prevent him from owing loyalty to another branch of the government, to the detriment of the independence of the legislature and the doctrine of separation of powers. Incompatible Office Prohibition not absolute. The prohibition against the holding of an incompatible office is not absolute; what is not allowed is the simultaneous holding of that office and the seat in Congress. (Cruz, Phil. Pollitical Law)

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Hence, a member of Congress may resign in order to accept an appointment in the government before the expiration of his term. (Bernas, Primer) When office not incompatible. Not every other office or employment is to be regarded as incompatible with the legislative position. For, example, membership in the Electroral Tribunals is permitted by the Constitution itself. Moreover, if it can be shown that the second office is an extension of the legislative position or is in aid of legislative duties, the holding thereof will not result in the loss of the legislators seat in the Congress. (Cruz, Phil. Political Law) Forbidden Office Purpose. The purpose is to prevent trafficking in public office.169 The reasons for excluding persons from office who have been concerned in creating them or increasing the emoluments are to take away as far as possible, any improper bias in the vote of the representative and to secure to the constituents some solemn pledge of his disinterestedness. (Singco, Phil. Political Law) The appointment of the member of the Congress to the forbidden office is not allowed only during the term for which he was elected, when such office was created or its emoluments were increased. After such term, and even if the legislator is reelected, the disqualification no longer applies and he may therefore be appointed to the office. (Cruz, Phil. Political Law) Prohibition on Lawyer Legislators Purpose. The purpose is to prevent the legislator from exerting undue influence, deliberately or not, upon the body where he is appearing. (Cruz, Phil. Political Law) Not a genuine party to a case. A congressman may not buy a nominal account of shares in a corporation which is party to a suit before the SEC and then appear in intervention. That which the Constitution directly prohibits may not be done by indirection. (Puyat v. De Guzman) Prohibition is personal. It does not apply to law firm where a lawyer-Congressman may be a member. (Bernas, Primer) The lawyer-legislator may still engage in the practice of his profession except that when it come to trials and hearings before the bodies above-mentioned, appearance may be made not by him but by some member of his law office. (Cruz, Phil. Political Law) Pleadings. A congressman cannot sign pleadings [as counsel for a client] (Villegas case) Conflict of Interests Financial Interest Purpose. This is because of the influence they can easily exercise in obtaining these concessions. The idea is to prevent abuses from being committed by the members of Congress to the prejudice of the public welfare and particularly of legitimate contractors with the government who otherwise might be placed at a disadvantageous position vis- vis the legislator. Contract. The contracts referred to here are those involving financial interest, that is, contracts from which the legislator expects to derive some profit at the expense of the government. (Cruz, Phil. Political law) Pecuniary Benefit. The prohibited pecuniary benefit could be direct or indirect and this would cover pecuniary benefit for relatives. (Bernas Commentary, p. 710, 10th ed.) INTERNAL GOVERNMENT OF CONGRESS Section 15. The Congress shall 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. Regular session

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Congress shall convene once every year for its regular session. Congress shall convene on the 4th Monday of July (unless a different date is fixed by law) until 30 days (exclusive of Saturdays, Sundays and legal holidays) before the opening of the next regular session. Special session A special session is one called by the President while the legislature is in recess. Mandatory recess. A mandatory recess is prescribed for the thirty-day period before the opening of the next regular session, excluding Saturdays, Sundays and legal holidays. This is the minimum period of recess and may be lengthened by the Congress in its discretion. It may however, be called in special session at any time by the President. The Presidents call is not necessary in some instances: 1. When the Congress meets to canvass the presidential elections; 2. To call a special election when both the Presidency and Vice-Presidency are vacated 3. When it decides to exercise the power of impeachment where the respondent is the President himself. (Cruz, Phil. Political Law) Q: May the President limit the subjects which may be considered during a special election called by him? A: No. The President is given the power to call a session and to specify subjects he wants considered, but it does not empower him to prohibit consideration of other subjects. After all, Congress, if it so wishers, may stay in regular session almost all year round. (Bernas, Primer) JOINT SESSIONS a. Voting Separately Choosing the President (art. 7 4) Determine Presidents disability (art. 7 11) Confirming nomination of the Vice-President (art. 7 9) Declaring the existence of a state of war (art. 6 23) Proposing constitutional amendments (art. 12 1) b. Voting Jointly To revoke or extend proclamation suspending the privilege of the writ of habeas corps or placing the Philippines under martial law. (art 7 18) Instances when Congress votes other than majority. a. To suspend or expel a member in accordance with its rules and proceedings: 2/3 of all its members (Sec. 16, Art. VI). b. Yeas and nays entered in the Journal: 1/5 of the members present (Sec. 16(4), Art. VI) c. Declare the existence of a state of war: 2/3 of both houses in joint session voting separately (Sec. 23, Art. VI) d. Re-passing of a bill after Presidential veto: 2/3 of the Members of the House where it originated followed by 2/3 of the Members of the other House. e. Determining Presidents disability after submissions by both the Cabinet and the President: 2/3 of both Houses voting sepa rately (Sec. 11, Art. VII) ADJOURNMENT Section 16(5) Neither House during the session of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

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Either House may adjourn even without the consent of the other provided that it will not be more than three days. If one House should adjourn for more than three days, it will need the consent of the other. Neither house can adjourn to any other place than that in which the two Houses shall be sitting without the consent of the other. Reason. These rules prevent each house from holding up the work of legislation. (Singco, Pollitical Law). This coordinative rule is necessary because the two houses form only one legislative body. OFFICERS Section 16. (1) The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary. Officers of the Congress: (1) Senate President (2) House Speaker (3) Such other officers as each House may deem necessary. It is well within the power and jurisdiction of the Court to inquire whether the Senate or its officials committed a violation of the Constitution or gravely abused their discretion in the exercise of their functions and prerogatives. (Santiago v. Guingona) The method of choosing who will be the other officers must be prescribed by Senate itself. In the absence of constitutional and statutory guidelines or specific rules, this Court is devoid of any basis upon which to determine the legality of the acts of the Senate relative thereto. On grounds of respect for the basic concept of separation of powers, courts may not intervene in the internal affairs of the legislature; it is not within the province of courts to direct Congress how to do its work. (Santiago v. Guingona) QUORUM Section 16 (2) 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. Quorum to do business. A majority of each House shall constitute a quorum to do business. Quorum is based on the proportion between those physically present and the total membership of the body. A smaller number may adjourn from day to day. A smaller number may compel the attendance of absent members in such manner and under such penalties as the House may provide. The members of the Congress cannot compel absent members to attend sessions if the reason of absence is a legitimate one. The confinement of a Congressman charged with a non-bailable offense (more than 6 years) is certainly authorized by law and has constitutional foundations. (People v. Jalosjos) The question of quorum cannot be raised repeatedly, especially when a quorum is obviously present, for the purpose of delaying the business of the House. (Arroyo v. De Venecia, June 26, 1998) INTERNAL RULES Section 18(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and with the concurrence of two thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days. 1. Power to determine internal rules. Each House may determine the rules of its proceedings. 2. Nature of the Rules. The rules adopted by deliberative bodies (such as the House) are subject to revocation, modification, or waiver by the body adopting them. (Arroyo v. De Venecia)

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The power to make rules is not one, once exercised is exhausted. It is a continuous power, always subject to be exercised by the House, and within the limitations suggested and absolutely beyond the challenge of any other body. (Arroyo v. De Venecia) 3. Role of Courts. The Court may not intervene in the implementation of the rules of either House except if the rule affects private rights. On matters affecting only internal operation of the legislature, the legislatures formulation and implementation of its rules is beyond the reach of the courts. When, however, the legislative rule affects private rights, the courts cannot altogether be excluded. (US v. Smith) DISCIPLINARY POWERS Basis for punishment. Each House may punish its Members for disorderly behavior. Preventive Suspension v. Punitive Suspension. (Bar Question) A congressman may be suspended as a preventive measure by the Sandiganbayan. The order of suspension prescribed by the Anti-Graft and Corrupt Practices Act is distinct from the power of congress to police its own ranks under the Constitution. The suspension contemplated in the constitutional provisions is a punitive measure that is imposed upon determination by a House upon an erring member. The suspension spoken in AGCPA is not a penalty but a preventive measure. The doctrine of separation of powers by itself may not be deemed to have excluded members of Congress from AGCPA. The law did not exclude from its coverage the members of the Congress and therefore the Sandiganbayan may decree a preventive suspension order. (Santiago v. Sandiganbayan) 2/3 Requirement. Each House may with the concurrence of two-thirds of all its Members, suspend or expel a Member. Period of suspension. A penalty of suspension, when imposed, shall not exceed sixty days. Not subject to judicial review. Disciplinary action taken by Congress against a member is not subject to judicial review because each House is the sole judge of what disorderly behavior is. (Osmena v. Pendatun) LEGISLATIVE JOURNAL Section 18 (4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each House shall also keep a Record of its Proceedings. What is a journal? The journal is usually an abbreviated account of the daily proceedings.A legislative journal is defined as the official record of what is done and past in a legislative [body]. It is so called because the proceedings are entered therein, in chronological order as they occur from day to day.(Sinco, Political Law) Purpose of the requirement that a journal be kept : (1) To insure publicity to the proceedings of the legislature, and a correspondent responsibility of the members of their respective constituents; and (2) To provide proof of what actually transpired in the legislature. (Field v. Clark) What may be excluded. The Constitution exempts from publication parts which in the judgment of the House affect national security. Matters which, under the Constitution, are to be entered in the journal: 1. Yeas and nays on third and final reading of a bill. 2. Veto message of the President 3. Yeas and nays on the repassing of a bill vetoed by the President 4. Yeas and nays on any question at the request of 1/5 of members present Journal vs. Extraneous evidence. The Journal is conclusive upon the Courts (US v. Pons)

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What is a Record? The Record contains a word for word transcript of the deliberation of Congress. (Bernas, Primer)

ENROLLED BILL DOCTRINE (Bar Question) Enrolled Bill. One which has been duly introduced, finally passed by both houses, signed by the proper officers of each, approved by the [president]. (Black Law Dictionary) Enrolled bill doctrine: The signing of a bill by the Speaker of the House and the Senate President and the certification by the secretaries of both Houses of Congress that such bill was passed are conclusive of its due enactment. (Arroyo v. De Venecia) Where the conference committee report was approved by the Senate and the HR and the bill is enrolled, the SC may not inquire beyond the certification and approval of the bill, and the enrolled bill is conclusive upon the judiciary (Phil. Judges Association v. Prado) Underlying Principle of the Doctrine. Court is bound under the doctrine of separation of powers by the contents of a duly authenticated measure of the legislature. (Mabanag v. Lopez Vito, Arroyo v. De Venecia) Enrolled bill vs. Journal Entry: The enrolled bill is the official copy of approved legislation and bears the certification of the presiding officers of the legislative body. The respect due to a co-equal department requires the courts to accept the certification of the presiding officer as conclusive assurance that the bill so certified is authentic. (Casco Philippine Chemical Co. v. Gimenez) However, If the presiding officer should repudiate his signature in the enrolled bill, the enrolled will not p revail over the Journal. This is because the enrolled bill theory is based mainly on the respect due to a co-equal department. When such co-equal department itself repudiates the enrolled bill, then the journal must be accepted as conclusive. Enrolled bill v. Matters required to be entered in the journals. The Supreme Court has explicitly left this matter an open question in Morales v. Subido. (Bernas, Primer) Remedy for Mistakes. If a mistake was made in printing of the bill before it was certified by Congress and approved by the President, the remedy is amendment or corrective legislation, not judicial decree. (Casco (Phil) Chemical Co. v. Gimenez) END OF SESSION

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