Restrictions and Disqualifications

1. Conflict of Interest. The Constitution demands transparency in the Congress,

particularly in the financial and business interests of its members, in order for the
legislature to be aware of a potential conflict of interest. Potential conflict of
interest happens when a legislator derives financial advantage from a law which he
legislates or was legislated during his term and the body was not notified of such
conflict. It constitutes betrayal of public trust in that the personal interest of the
legislator is placed over that of the public. Note however that the legislator can still
propose a law even if there is a potential conflict of interest for as long as he has
notified the body about it. The purpose therefore of this requirement is to allow the
House to better examine the legislation vis--vis the legislator.
2. Incompatible Office. In keeping with doctrine of separation of powers, the
Constitution provides that no Senator or Member of the House of Representatives
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
disqualification refers to the incompatible office which is any other office in the
government that if held by a member of the Congress would result to the forfeiture
of his seat in the Congress. The provision allows a member to hold an incompatible
office but the result is the automatic forfeiture of his seat. For example, if during the
term of Senator Pedro he becomes the head of a government-owned and controlled
corporation, he will no longer be Senator because of the automatic forfeiture, the
GOCC being an incompatible office.
3. Forbidden Office. Another disqualification involves the so-called forbidden
offices or offices which have been created or the emoluments of which were
increased while the legislator was a member of the Congress. The purpose of this
disqualification is to prevent legislators to create an office or to increase its
emoluments for personal gain. Pursuant to this disqualification, a Senator, for
example, cannot be appointed to a civil or military office which was created while he
was still a senator. The disqualification lasts for the entire six-year term even if the
member resigns before the end of his term.

Independent Bodies

1. The Constitution creates two independent bodies in the Congress especially to

perform non-legislative functions and to check the appointing power of the Chief
Executive, to wit: (a) the Electoral Tribunals and (b) Commission on Appointments.
Although majority of their members come from the Congress, they considered
independent bodies in that they have the exclusive right to prescribe their own rules
of procedure, they have their own set of employees who are under their control and
supervision, and they have their own function distinct from that of the Congress.

2. Electoral Tribunal. To ensure fairness and impartiality in deciding election contests

involving members of the Congress, each House in the Congress shall have an
Electoral Tribunal: the Senate Electoral Tribunal in the Senate, and House of
Representatives Electoral Tribunal in the House of Representatives. Each Electoral
Tribunal shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each shall be composed of nine
members, three are Justices of the Supreme Court, and six are members of the
Senate or the House of Representatives, as the case may be. The Chairman shall be
the senior Justice. While the member Justices are designated by the Chief Justice of
the Supreme Court, the six other legislator members are chosen on the basis of
proportional representation from political parties and party-list organizations (duly
registered under the party-list system) in the Congress. Thus, if there is an election
contest, for instance, involving the qualifications of Congressman Juan, the case
shall be decided by the House of Representatives Electoral Tribunal which is the sole
judge of election contests involving the Members of the House of Representatives.
3. Commission on Appointments. Another independent body in the Congress is the
Commission on Appointments which was created to check the appointing power of
the President, specifically in appointments to importance offices in the government.
It consists of twenty five members: the Senate President, as ex officio Chairman,
twelve Senators, and twelve Members of the House of Representatives. The
Senators and Members of the House are elected by their respective Houses based
on proportional representation from the political parties and party-list organizations
(duly registered under the party-list system) in the Congress. The function of the
Commission is to approve or disapprove the nominations submitted to it by the
President to appointments that require its approval. For example, before a Cabinet
Member may be appointed, the President must first submit his nomination for
approval to the Commission on Appointments. With the approval, there could be no
appointment.

Incompatible office.
No legislator is allowed to hold office or positions in any government agency
including government-owned or controlled corporations without forfeiting his seat in
the Congress. Meaning, a member of the Congress is not prevented from accepting
other government posts as long as he forfeits his seat as a legislator. What is not
allowed is the simultaneous holding of a government office and the seat in the
Congress. The purpose is to prevent owing loyalty to another branch of the
government, to the detriment of the independence of the legislature and the
doctrine of the separation of powers. Forfeiture of the seat is automatic. Thus for
example, a congressman who was appointed as secretary of the Department of
Budget and Management is deemed to have automatically forfeited his seat in the
House of Representatives when he took his oath as secretary for DBM. No resolution
is necessary to declare his legislative post as vacant.

Not every other office or employment is to be regarded as incompatible office.

There are seats where it is permitted by the Constitution itself, eg. membership in
the Electoral Tribunal and in the Judicial and Bar Council. Moreover, if it can be
shown that the second office is actually an extension of the legislative position or is
in aid of legislative duties, the holding thereof will not result in the loss of the
legislator's seat in the Congress. Legislators who serve as treaty negotiators under
the President..

Forbidden office.
No members of the Congress shall be appointed to any office in the government
that has been crated or the emoluments thereof have been increased during his
term. The purpose is to prevent public trafficking in public office. Some legislators
who do not opt to run again in the public office might create or improve lucrative
government positions and in combination with the President, arrange that they be
appointed in those positions, all at the expense of public good.

The appointment however to the forbidden office is not allowed only during the
term for which a certain legislator was elected, when such office was created or its
emolument thereof. After such term, and even if the legislator is re-elected, the
disqualification no longer applies and he may therefore be appointed to the office.