Chapter 3: Concept of the State

State community of persons, more or less numerous, permanently occupying a fixed territory, and
possessed of an independent government organized for political ends to which the great body of
inhabitants render habitual obedience. It is a legal concept.
Nation indicates a relation of birth or origin and implies a common race, usually characterized by
community of language and customs.
It is an ethical concept.
Elements of a state:

People
o Inhabitants of the state
Territory
o Fixed portion of the surface of the earth inhabited by the people of the State
Landmass or terrestrial domain
Inland and external waters or maritime and fluvial domain
Airspace or aerial domain.
Government
o Agency or instrumentality through which the will of the State is formulated, expressed
and realized
o Mandate is to promote the welfare of the people
o Functions:
Constituent
Compulsory because it makes up the bonds of society
Ministrant
Undertaken to address the general interests of society thus it is optional.
o Doctrine of Parens Patriae
Means guardian of the rights of the people.
o De Jure and De Facto governments
De Jure
Has rightful title but no power or control
De Facto
Exercises power and control but without legal title.
o Existence is maintained by active military power within the
territories
o Usually administered by military authority, supported more or
less directly by military force
o Government of the Philippines
The corporate governmental entity through which the functions of government
are exercised throughout the Philippines.
o Administration
Group of persons in whose hands the reins of government are for the time being.
Runs the government
Sovereignty
o Supreme and uncontrollable power inherent in a State by which the State is governed.
o It is permanent, exclusive, comprehensive, indivisible, inalienable, and imprescriptible
o Two kinds:
Legal
Authority which has power to issue final commands
Political

Sum of the influences that operate the legal authority

Another two kinds:
Internal
Power of the State to control its domestic affairs
External
Poer of the State to direct its relations with other States, is also known as
independence.

Archipelago doctrine we connect the outermost points of our archipelago with streaight baselines and
consider all the waters enclosed thereby as internal waters.
UNCLOS I . Sovereign right of States parties over their territorial sea
UNCLOS II prescribes the water-land ratio and contour of baselines of archipelagic States
RA9522 shortened one baseline, optimized the location of some basepoints around the Phil. And
adjacent territories
No Change of sovereignty, the political laws of an occupied territory is only suspended subject to revival.
But the non-political laws are deemed continued unless changed by the occupants since they refer to
relations of individuals.
When there is a change in sovereignty, the political laws are abrogated unless reatained or re-enacted by
the new sovereign but again, non-political laws continue unless changed by the occupants.
Act of state act done by the sovereign power of a country, or by its delegate, within the limits of the
power vested in him. It cannot be questioned or made subject of legal proceedings. It is done by
political departments of the government.
Chapter 4: The Doctrine of State Immunity
The state may not be sued without its consent
Basis
1. Impairment of the States dignity
2. It will divert the time of the State which it can give to more pressing matters demanding its
attention.
State immunity is also available to foreign States insofar as they are sought to be sued in the courts of the
local state
Foreign states can be sued if it is while doing business or trade or on the basis of its contracts in
the host state. Basically anything commercial in its function or contract, it can be sued.
A foreign agency must present adequate evidence to establish that it enjoys the immunity
accorded to its parent country, otherwise it is not immune from suit.
In application
Usually the practice is to file a complaint not against the State but against the public official who
was supposed to discharge the responsibility or grant the redress demanded.

It may happen that the public official is sued in his official capacity without obtaining the consent
of the State to be sued.
In sum, the test is whether, assuming the decision is rendered against the public officer
impleaded, enforcement thereof will require an affirmative act from the State, such as the appropriation of
the needed amount to satisfy the judgmenet. If it does, the suit is one against the State and its inclusion as
party defendant is necessary.
If on the other hand, the officer impleaded may by himself alone comply with the decision of the
court without the necessity of involving the State, then the suit can prosper against him and will not be
considered a claim against the State.
Waiver of immunity
The State may be sued if it gives it consent
Forms of Consent
Consent of the State may be given expressly or impliedly.
Express consent may be manifested through a general law or special law. Must be embodied in a
duly enacted statute and may not be given by a mere counsel of the government.
Implied consent is given when the State itself commences litigation or when it enters into a
contract.
State immunity will not prosper against a valid claim for compensation arising from the taking
without just compensation and without the proper expropriation proceedings being first resorted to of the
plaintiffs property.
Implied waiver is also available when the state filed a complaint in intervention for the purpose of
asserting a claim for affirmative relief against the plaintiff. But no waiver when the purpose is resisting
plaintiffs claim.
The State can only be sued in acts of Jure gestionis or commercial transactions, activities or business
contracts. It does not apply when the contract relates to the exercise of its sovereign functions.
An agreement to submit any dispute to arbitration may be construed as an implicit waiver of
immunity from suit.
Waiver of state immunity from suit does not mean that the State consented to the execution of the
judgement because that requires another waiver.
Suits against Government Agencies
For government agencies, when it is sued, it must be determined whether or not it has given its consent to
be sued. To determine this, it must be ascertained whether it is incorporated or unincorporated.

Incorporated agency has a charter of its own that gives it a separate juridical personality.
o For its suability, look at its charter, if it states it can be sued or not
Unincorporated agency does not have a separate juridical personality, it is merged in the general
machinery of the government.
o Same rule applies, if it is proprietary in its acts, it can be sued, if it is governmental in its
acts, not suable.

Exemption from Legal Requirements

When the State litigates, it is not required to put up a bond for damages or an appeal bond, since it can be
assusmed that it is always solvent.
Suability does not mean liability
It does not mean that when a State is suable it is automatically liable. It must be proven that the State is
liable.
Generally, they are not liable for torts done in the discharge of governmental functions but can be held
liable when they are acting in proprietarily.
Chapter 5: Fundamental Principles and State Policies
This talks of Article 2 of the Constitution which is Declaration of Principles and State Policies.
Majority of these, according to the Supreme Court, absent enabling legislation, are mere legislative guides
meaning it does not embody enforceable constitutional rights. This means they are not self-executing but
are in need of a legislative enactment.
Some of them need not be written in the Constitution because it is assumed to exist from the inception of
humankind thus they are not in need of legislative enactment.
Preamble

It enumerates the primary aims and expresses the aspirations of the framers in drafting the
Constitution
Useful aid in construction and interpretation of the text of the Constitution.

Republicanism
Section 1 of Article 2 The Philippines is a democratic and republican state. Sovereignty resides in the
people and all government authority emanates from them.
The Philippines is both a republican and democratic state.
Democracy is essentially government by the people. This means people have a direct involvement
in government activities.
A republic is a representative government, a government run by and for the people. The essence
of this is representation and renovation. The people select those who will represent them and their
interest in government. This means that public officials are accountable to the people and they are sworn
to serve. They must promote the common welfare according to the will of the people themselves.
Defense of the State
This is Section 4 of Article 2.
This talks of the prime duty of the government is to serve and protect the people. Thus, a state may take
up all necessary action, including the use of armed force, to repel any threat to its security.
Peace and order
This is Section 5 of Article 2.

Speaks of protection of life, liberty and property, promotion of general welfare.

Basically implicit in a welfare state.
The incorporation Clause
This is Section 2.
Every State is bound by the generally accepted principles of international law, which are considered to be
automatically part of its own laws. doctrine of incorporation
Two ways that international law becomes part of domestic law:

Incorporation
o By mere constitutional declaration, international law is demed to have the force of
domestic law.
Transformation
o International law be transformed into a domestic law through constitutional mechanism
such as local legislation.

Generally accepted international laws can be relied upon in interpreting municipal legislation or
issuances.
When there appears to be conflict between international law and municipal law, efforts should be done to
harmonize them.
But if it is irreconcilable, the Supreme Court decided that municipal law will be upheld against
international law.
Rearing of the Youth
This would pertain to Section 12 and Section 13
Kindred ties are close in this country, thus making the family a fundamental and important factor of the
enhancement of the nation the better the home, the better the nation.
Proper recognition to the role of parents and government in rearing the youth for civic efficiency, and
development of moral character.
The State cannot unreasonably interfere with the exercise by parents of their natural right and duty to rear
their children but it may regulate the same under police power.
The state can assist the parents through educational policies.
The state can also prohibiting or prescribing certain courses in various school curricula intended to
improve the students
Besides civic efficiency and moral character, the state wants to promote physical, moral, spiritual,
intellectual and social well-being of the youth.
Women
This is Section 14 of Article 2
This needs implementation by legislature.

This is in relation to RA 9262 which protects women and children from violence and threats to their
personal safety and security.
Social Justice
This would be sections 9, 10, 11, 18, 21 of Article 2.
Takes note of the problem of acute imbalance between rich and poor.
To solve this, Social Justice is being enshrined in the Constitution.
It seeks to protect the underprivileged and less fortunate of society. But this is not always the case
because one must take note of the rights of the rich as well. Therefore, this seeks to promote equal
protection between the rich and poor.
Social justice promotion of the welfare of all the people.
Separation of Church and State
This is Section 6 of Article 2.
Reiterates that separation of church and state shall be inviolable.
Rationale of the rule strong fences make good neighbours.
The idea is to delineate the boundaries between the two institutions and avoid enrouachmeents by one
against the other because of a misunderstanding of the limits of their respective exclusive jurisdictions.
The wall of separation is not a wall of hostility. The State recognizes the beneficent influence that religion
has in the nations life.
Supremacy of Civilian Authority
This is Section 3 of Article 2
This is meant to take away all fears of a military-take over in the government.
This is manifested in the President being the head of the armed forces.
Local Autonomy
This is Section 25 of Article 2.
Fleshed out in the Local Government Code.
Belief is that local governments will enable its inhabitants to develop their resources and thereby
contribute to the progress of the nation.
More importantly, it will instill a sense of involvement that will encourage them to participate more.
This is autonomy and not independence.
Economy
This is Section 19, 20 and 21 of Article 2

The state shall pursue a trade policy that serves the general welfare and utilizes all forms of arrangements
of exchange on the basis of equality and reciprocity.
Speaks of supremacy of Filipino Labour with that of foreigners.
Miscellaneous
This is section 15, 16, 17, 22, 23, 24, 26, 27, 28 of Article 2
Only serves to satisfy their authors and grant their desire for expression and perpetuation of their ideas.
Chapter 6: Separation of Powers
Doctrine of Separation these would be the legislative, executive and judiciary branches. Each having a
specific area in the government functions. The 3 branches must discharge their respective functions
within the limits of authority conferred by the Constitution. Neither branch may encroach on fields
allocated to the other branches.
Judiciary is strengthened while executive/political branch is lessened/weakened.
The Commission on Appointments is revived from the previous Constitutions. It is meant to check upon
the appointing power in general
Judicial Bar Council is also created to ensure better selection of the members of the judiciary.
The Election tribunals is also restored as the sole judge of all contests relating to election.
Purposes
The doctrine of separation of powers is intended to prevent a concentration of authority in one person or
group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of our
republican institution.
It is intended to secure action, forestall over-action, prevent despotism and obtain efficiency.
The principle ordains that each of the 3 branches has exclusive cognizance of and is supreme in matters
falling within its own constitutionally allocated sphere.
Legislative enacts laws, executive enforces it, judiciary applies the law.
It is meant to be interdependence and not independence.
Blending of Powers
There are instances when a power is shared by all branches thus the blending of power. E.g. power of
appointment.
It is necessary for certain powers to be reposed in more than 1 department so that they may better
collaborate with and in the process, check each other for the public good.
Checks and Balances
This makes the system of separation of powers workable.

Checks and balances 1 department is allowed to resist encroachments upon its prerogatives or to rectify
mistakes or excesses committed by the other departments.
Theory is, the ends of government is better achieved through the exercise by its agencies of only the
powers assigned to them, subject to reversal in proper cases by those constitutionally authorized. E.g.
veto power of President, Congress refusing amnesty given by President, President may pardon, Congress
can limit the jurisdiction of lower courts and/or abolish them, judiciary can declare invalid an act done by
Congress or President or Constitutional Commissions.
Role of the Judiciary
Keeps the Supremacy of the Constitution.
To determine whether a given power has been validly exercised, a test is applied
1. Whether or not the power in question has been constituinally conferred upon the department
claiming its exercise
Even in the absence of an express conferment, the exercise of a given power may be jusitified under the
doctrine of implication, based on the theory that, the grant of an express power carries with it all other
powers that may be reasonably inferred from it.
Justiciable and Political Questions
Two types of Questions

Justiciable question
o Implies a given right, legally demandable and enforceable, an act or omission violative of
such right, and a remedy granted and sanctioned by law for said breach of right
o Deals with procedures and rules
o Question of procedure and legality of an act
o Subject to judicial review
Political question
o Matters that fall under the discretion of another department or especially the people
themselves.
o Deals with discretion of a power conferred.
o Question of policy and the wisdom of a particular act
o Not subject to judicial review

Political Questions Under the New Constitution

New definition of judicial power includes the duty.. to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality
of the government.
The settled policy is that the courts will not interfere with the executive determination of probable cause
for the purpose of filing an information, in the absence of grave abuse of discretion.

Chapter 7: Delegation of Powers

Corollary to the Doctrine of separation of powers is the principle of non-delegation of power.

The rule is what has been delegated cannot be delegated

Such delegated power constitutes not only a right but a duty to be performed by the delegate through the
instrumentality of his own judgement and not through the intervening mind of another.
Principle of non-delegation of powers is applicable to all 3 major powers in government but especially to
the legislative power.
The delegation of legislative power has become the rule and its non-delegation the exception.
The reason behind this is the increasing complexity of the task of government and the growing inability of
the legislature to cope directly with the many problems demanding its attention.
The legislature may not have the competence, interest nor time to provide the required direct, specific and
efficacious solutions.
The Congress may then create administrative bodies like the Land Transportation Franchising and
Regulatory Board and empower it to promulgate the needed rules and regulations, subject to certain
statutory limitations or broad policies determined by the legislature itself.
Permissible delegation

Delegation of tariff powers to the President

o The President is granted stand-by or flexible tariff powers.
o The reason is the necessity of giving the president the authority to act immediately on
certain matters affecting the national economy lest delay result in hardship to the people.
Delegation of emergency powers to the President
o In times of war or national emergency, the problem must be solved within the shortest
possible time.
o Congress will have many delays and may hamper effective solutions to the problem
caused by the emergency
o Due to this, Congress may authorize the President to exercise emergency powers
o The conferment is subject to certain restrictions and requirements intended to make him
only an agent rather than a replacement of the legislature
o Conditions for the vesture of emergency powers
There must be a war or other national emergency
Delegation is for a limited period only
Delegation is subject to such restrictions as the Congress may prescribe
Emergency powers must be exercised to carry out a national policy declared by
the Congress
o This is not mandatory as the legislature can hold on to its power and refuse to delegate it
or it can limit its delegation even before the end of the emergency.
o This cannot be authorized by the President himself but rather it must be through an act
done by Congress
Delegation to the people at large.
o Ideally, the people voluntarily surrendered legislative power by adopting the
Constitution. They act now through their representatives in Congress
o But this can be done through a referendum
Traditionally defined as a method o submitting an important legislative measure
to a direct vote of the whole people
Power of the electorate to approve or reject a legislation through an election
called for the purpose

Different from plebiscite

o Literally decree of the people. It is a device to obtain a direct
popular vote on a matter of political importance
o Electoral process by which an initiative on the Constitution is
approved or rejected by the people
Delegation to local governments
o Based on the recognition that local legislatures are more knowledgeable than the national
lawmaking body on matters of purely local concern and are in a better position to enact
legislation.
o Not regarded as a transfer of general legislative power but as the grant of the authority to
prescribe local regulations.
Delegation to administrative bodies.
o Same reason as general delegation
o Power of subordinate legislation
o It springs from the need of legislating from the minutiae of everyday life.
o Principal agencies are tasked to execute laws in their specialized fields.
o Administrative bodies may implement the broad policies laid down in a staute by filling
in the details not provided for by Congress.
o Allowed to ascertain the existence of particular contingencies and on the basis thereof
enforce or suspend the operation of a law.
o To be valid, it must be authorized by the legislature, within the scope of authority
granted, and promulgated in accordance with the prescribed procedure.

Tests of Delegation
There are two tests in seeing if the delegation is valid

The Completeness Test

o It must be complete that there is nothing else to do but to enforce it.
o If there are gaps in the law, the delegate will have the chance to fill it in and exercise
discretion not allowed
Sufficient Standard Test
o Intended to map out the boundaries of delegates authority by defining the legislative
policy and indicating the circumstances under which it is to be pursued and effected.
o Purpose is to prevent a total transference of legislatve power from the lawmaking body to
the delegate.
o It must define the legislative policy, mark its limits, maps out its boundaries and specifies
the public agency to apply it.
o It must specify the limits of the delegates authority, announce the legislative policy and
identify the conditions under which it is to be implemented.

Chapter 8: Legislative Department

The New Constitution revived the Congress of the Philippines which was replaced during the Marcos
Regime with the Batasang Pambansa.
The new congress is now a bicameral composed of the Senate and the House of Representatives
Congress also discharges powers of a non-legislative nature such as canvass of the presidential elections,
declaration of the existence of state of war, confimraiton of amnesties, amendment or revision of
Constitution and impeachment

The Senate
Composition
Composed of 24 senators who shall be elected at large by qualified voters of the Philippines
Intends to make the Senate a training ground for national leaders and a springboard to Presidency
The senators have a national and broader outlook of the problems of the country.
Qualifications
Natural-born citizen, 35 years of age or above on election day, able to read and write, registered voter,
resident of the country for not less than 2 years immediately preceding the election day
Residence is a place where one habitually resides and has an intent on returning
He will only have one residence or domicile at a time. If he wishes to change, he must have a bona fide
intention of leaving the former place.
To establish a new domicile of choice, personal presence in the place must be coupled with
conduct indicative of that intention. It must include a declared and probable intent of making it ones
fixed place of abode
A candidate is presumed to have changed her domicile upon her marriage, consistent with Art 68 and 69
of the Family Code.
Candidates must not be strangers nor foreigners so that they know the concerns of their constituents.
They must be natural-born citizens during their entire tenure.
Principle of expression unius est exclusion alterius not competent for Congress to provide by mere
legislation additional qualifications no matter how relevant they may be.
Term
Term is six years with a limit of two consecutive terms only (12 years)
Every three years, one half of the membership is retained while the other half is replaced or re-elected.
It is because of this that the Senate is a continuing institution.
But it is also a discontinuing institution when the Senators are replaced (their unpassed bills will be
terminated etc.)
The House of Representatives
Composition
Consists of 2 kinds of members

Direct representatives
o Elected directly and personally from a territorial unit he is seeking to represent
Party-list representative
o Chosen indirectly, through the party he represents, which is voted for by the people

Party list system is an innovation in the 1987 Constitution.

Direct representatives
200 members provided for in this category of House of Representatives
There are 13 regions in turn comprising of 200 districts.
At least a population of 250 ,000 will have 1 representative.
The basis for districting is the number of inhabitants and not of registered voters.
It is not necessary for either a city or a province to have an additional population of 205,000 to establish
an additional legislative district.
Party-list representatives
Constitutes 20% of the membership of the body
Rules for the selection of party-list representative is embodied in RA 7941.
This law provides that Filipinos belonging to marginalized and underrepresented sector to
become members of House of Rep.
Party-list system provides for 3 different groups

National parties
Regional parties
Sectoral parties

The system is meant for those parties that have no chance of winning in election, a chance to win seats.
Disqualified sects

Religious sects
Those which advocate violence
Foreign parties or parties that get support from foreign government or foreign political party
Those which violate or fail to comply with the laws
Those which declare untruthful statements in their petitions

Crucial element in party-list system whether a particular organization complie with the requirements of
the Constitution and RA 7941.
It is enough that their principal advocacy pertaints to the special interests and concerns of their
sector.
Upon registration, the political group will submit to COMELEC not later than 45 days, 5 names from
which its representatives may be chosen if the party won.
Only people who gave their consent in writing may be named as candidates of the party. Those
who lost the preceding election is not eligible.
In the case of sectoral parties, one must either belong to the sector represented or have a track record of
advocacy for such sector in order to be a nominee.

Hold-over doctrine a former president may submit a nomination list if previously authorized.
The COMELEC has jurisdiction over cases pertaining to party leadership and the nomination of party-list
representatives.
In the Party-list system, no party may have more than 3 seats. 2& of the total votes will constitute 1 seat.
Three-seat cap only 3 seats are allowed in order to prevent one party from dominating the party-list
system.
Qualifications
Where applicable, it has the same qualifications as that of the Senate.
In addition, the party-list representative must be bona fide member of the party he seeks to represent at
least 90 days before election day.
Under RA 9225, those who intend to be naturalized in a foreign country shall upon taking the oath of
allegiance be deemed to have re-acquired their Philippine citizenship
They shall enjoy all attendant liabilities and responsibilities under existing laws of the
Philippines.
No dual citizenship is allowed. Upon oath, he/she becomes a resident of the Philippines only.
Again, he/she must be a Filipino citizen during their entire tenure. If they apply for another citizenship,
their title may be challenged.
But this challenge can only be done by the State and not by any private person.
Suffrage may be exercised by all citizens of the country not otherwise disqualified by law, who are at
least 18 yrs of age and who shall resided in the Phil for at least one year.
Dual citizens can vote as held by the Supreme Court. There is no provision in RA 9225 that disallows
dual citizens to vote without having established residence and physically staying in the Philippines.
Term
Their term shall be 3 years with nothing exceeding 3 consecutive terms
As held by the Supreme Court
when a permanent vacancy occurs in an elective position and the official merely assumed the
position pursuantto the rules on succession under the LGC, then his service for the unexpired portion of
the term of the replaced official ccanot be trated as one full terms .
An elective official who has served for 3 consecutive terms and who did not seek the elective
position for his 4th term but later won in a recall election, had an interruption in the continuity of the
officials service
Abolition of an elective local office does not interrupt the incumbent officials continuity of
service
Preventive suspension is not a term-interrupting event

When a candidate wins but later loses on a protest, his term is interrupted
when an official is defeated in an election protest and the decision becomes final after he has
served his full term, it is not an interruption
Election
In case of a vacant position, the position may be filled by a special election but the person who will win
will only serve for the unexpired term
In the case of party-list representatives, a vacancy will be filled by the next rep in the list of nominees. If
the list is exhausted, the party will nominate new reps.

Salaries
An increase in salaries will take effect in the next set of Congressmen.
Their salaries will be divulged into the public for accountability purposes
Parliamentary immunities
This rule provides for 2 immunities while in session. (session meaning the entire period from its initial
convening until its final adjournment.

Immunity from arrest

o Intends to make one attend his sessions.
o Expanded to cover not only civil arrests but also for criminal offenses provided that it is
not punishable by not more than six years of imprisonment.
Privilege of speech and debate
o Enables them to express views bearing public interest without fear of accountability
outside the halls
o 2 requirements to concur for this to be availed:
Remarks must be made while in session
Made in connection with the discharge of official duties.
o However this is not absolute as he can be punished for disorderly behaviour by his
colleagues.

Conflict of interest
Congressmen must make known their financial and business connections or investments.
For the purpose of preventing them from using their position for personal gain.
Incompatible and Forbidden offices
Firstly, this means that a Congressman must not have incompatible offices so as not to make him owe his
loyalty to another branch of government to the detriment of separation of powers and of the legislature.
What is not allowed is the simultaneous holding of an incompatible office and a seat in Congress.

Upon holding an incompatible office, his seat will be relinquished.

Term the time during which the officer may claim to hold the office as of right and fixes the interval
Tenure period during which the incumbent actually hold the office
Forbidden office an office created during his term
If after being re-elected, he can be appointed to that office.
Inhibitions and disqualifications
Appearance of a legislator is now barred before all courts of justice.
Purpose is to prevent the legislator from exerting undue influence
Legislators are prohibited from being financially interested in any contract with the government or
subdivision, agency or instrumentality or any government-owned corporation
Only barred here would be those of financial interest meaning the legislator can make profit out
of.
Sessions
There is a mandatory recess of 30 days between regular sessions.
The President can call them for a special session
These would be impeachment, or to canvass presidential elections etc.
These would be general legislation or only subjects as the President may designate
In a regular session, the power of Congress is not circumscribed except by limitations imposed by organic
law.
Officers
These would be the Senate President nad Speaker of the House who do not have a fixed term and can be
replaced at any time at the pleasure of the majority of the members.
Other officers would be Senate President pro tempore, Speaker pro tempore, majority and minority floor
leaders, chairmen of various standing and special committees and secretary and the sergeant-at-arms.
Quorum
Quorum any number sufficient to transact business. This would be majority of each House
Discipline of Members
Each house may determine the rules of its proceedings, punish its members, and by a two-thirds vote,
expel a member. Penalty of suspension is not more than 60 days.
Journals
Journals record of what is done and past in a legislative assembly. Useful for interpretation of laws
through a study of the debates that took place. It is only the minutes of the legislative session.

What is not included is parts that may affect national security.

Enrolled bill one which as been duly introduced, finally passed by both houses, signed by the proper
officers of each, approved by the governor (or president) and filed by the secretary of state
Record word-for-word transcript of the proceedings.
Adjournment
Neither house during the sessions of the Congress shall, without the consent of the other, adjourn for
more than 3 days, nor to any other place than that in which the two Houses shall be sitting.
Electoral Tribunals
Sole judge of all contests involving elections, returns and qualifications of members of Congress.
Has 9 members ( 3 justices of Supreme Court, 6 from Senate or House of Rep)
The 6 members will be by proportion with the highest party having 3 seats, 2nd is 2, 3rd is 1 seat.
Independent of the legislature in their constitutional duties.
Decisions rendered by them are not appealable to the Supreme Court unless there is a grave abuse of
discretion.
Jurisdiction begins once a winning candidate has been proclaimed, taken his oath and assumed office.
Only COMELEC can entertain issues for disqualifications of said national, regional or sectoral parties
Formed 30 days after the election for the legislators.
Commission on Appointments
Revived in the 1987 Constitution.
All appointments submitted to them must be acted upon within 30 session days from their submission.
If time expires, they are deemed by-passed.
Organization
Ad interim appointments shall be effective only until disapproval by Commission on Appointments or
until the next adjournment of Congress.
But where the Congress is in session, the President must clear his nominations with COA.
Unless it is organized, no appointments can be made by the President in the meantime.