Article Vi – the Legislative Department

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

Sec. 1.  The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.

Classification of legislative power: (O De CO)

1. Original – Possessed by the people in their sovereign capacity

2. Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution

3. Constituent – The power to amend or revise the Constitution

4. Ordinary – The power to pass ordinary laws

Note:

The original legislative power of the people is exercised via initiative and referendum.  In this manner, people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a local government unit.

Limits on the legislative power of Congress:

1. Substantive – limitations on the content of laws. E.g. no law shall be passed establishing a state religion.

1. Procedural – limitations on the manner of passing laws. E.g. generally a bill must go through three readings on three separate days.

Note:

Provided that these two limitations are not exceeded, Congress’ legislative power is plenary.

Corollaries of legislative power:

1. Congress cannot pass irrepealable laws.  Since Congress’ powers are plenary, and limited only by the Constitution, any attempt to limit the powers of future Congresses via an irrepealable law is not allowed.

1. Congress, as a general rule, cannot delegate its legislative power.  Since the people have already delegated legislative power to Congress, the latter cannot delegate it any further.

EXCEPTIONS:

1. Delegation of legislative power to local government units;

2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]

What may Congress...