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Reviewer Article Vi Legislative

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17 views17 pages

Reviewer Article Vi Legislative

Uploaded by

Insolent Potato
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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1

ARTICLE VI – THE LEGISLATIVE 1. Substantive – limitations on the


DEPARTMENT content of laws. E.g. no law shall
be passed establishing a state
Sec. 1. The legislative power shall be religion.
vested in the Congress of the 1. Procedural – limitations on the
Philippines, which shall consist of a manner of passing laws. E.g.
Senate and a House of generally a bill must go through
Representatives, except to the extent three readings on three separate
reserved to the people by the days.
provision on initiative and
referendum. Note:

Provided that these two limitations are


Definition of Legislative Power:
not exceeded, Congress’ legislative
The authority to make laws and to alter power is plenary.
or repeal them.

Classification of legislative power: (O Corollaries of legislative power:


De CO)
1. Original – Possessed by the 1. Congress cannot pass
people in their sovereign capacity irrepealable laws. Since
2. Delegated – Possessed by Congress’ powers are plenary, and
Congress and other legislative limited only by the Constitution,
bodies by virtue of the Constitution any attempt to limit the powers of
3. Constituent – The power to future Congresses via an
amend or revise the Constitution irrepealable law is not allowed.
4. Ordinary – The power to pass
ordinary laws 2. Congress, as a general rule,
cannot delegate its legislative
power. Since the people have
Note:
already delegated legislative
The original legislative power of the power to Congress, the latter
people is exercised via initiative and cannot delegate it any further.
referendum. In this manner, people can
directly propose and enact laws, or EXCEPTIONS:
1. Delegation of legislative power to
approve or reject any act or law passed
local government units;
by Congress or a local government unit.
2. Instances when the Constitution
itself allows for such delegation
[see Art. VI Sec. 23(2)]
Limits on the legislative power of
Congress: WHAT MAY CONGRESS DELEGATE:
2

Congress can only delegate, usually to 1. No Senator shall serve for more
administrative agencies, RULE-MAKING than 2 consecutive terms.
POWER or LAW EXECUTION. This 2. Voluntary renunciation of office
involves either of two tasks for the for any length of time shall not be
administrative agencies: considered as an interruption in
the continuity of his service for the
1. “Filling up the details” on an full term for which he was elected.
otherwise complete statute; or
2. Ascertaining the facts necessary Sections 5-7. HOUSE OF
to bring a “contingent” law or REPRESENTATIVES
provision into actual operation.
Composition:
Sections 2-4. SENATE
1. Not more than 250 members,
Composition of Senate unless otherwise fixed by law; and
2. Party-list Representative
24 senators who shall be elected at
large by the qualified voters of the
Election of 250 members
Philippines, as may be provided by law.
1. They shall be elected from
Qualifications legislative districts apportioned
among the provinces, cities and
1. Natural-born citizen; the Metropolitan Manila area.
2. At least 35 years old on the day 2. Legislative districts are
of election; apportioned in accordance with the
3. Able to read and write; number of inhabitants of each area
4. A registered voter; and and on the basis of a uniform and
5. Philippine resident for at least 2 progressive ratio.
years immediately preceding the
day of the election.  Each district shall comprise,
as far as practicable,
Note: The qualifications of both contiguous, compact and
Senators and Members of the House adjacent territory;
are limited to those provided by the  Each city with at least
Constitution. Congress cannot, by law, 250,000 inhabitants will be
add or subtract from these qualifications. entitled to at least one
Term of Office of Senate: representative.
 Each province will have at
6 years, commencing (unless otherwise least one representative.
provided by law) at noon, 30 June next  Legislative districts shall be
following their election. re-apportioned by Congress
within 3 years after the
Term Limitations: return of each census.
According to Jack, however,
3

while the apportionment of Term Limitations of Congress:


districts is NOT a political
question, the judiciary No member of the House of
CANNOT compel Congress Representatives shall serve for more
to do this. than three (3) consecutive terms.
 The standards used to
determine the Distinctions between Term and
apportionment of legislative Tenure
districts is meant to prevent
‘gerrymandering’, which is 1. Terms means the period during
the formation of a legislative which the elected officer is legally
district out of separate authorized to assume his office
territories so as to favor a and exercise the powers thereof.
particular candidate or
party. 2. Tenure is the actual period
during which such officer actually
Qualifications of Congress: holds his position.
1. Natural born citizen of the
Philippines; Limitation/Possible Reduction
2. At least 25 years old on the day
of the election; 1. Term CANNOT be
3. Able to read and write; reduced.
4. Registered voter in the district he
seeks to represent; and 2. Tenure MAY, by law, be
5. A resident of such district for at limited. Thus, a provision
least one year immediately which considers an elective
preceding the day of the election. office automatically vacated
when the holder thereof files
Term of Office of Congress: a certificate of candidacy for
another elective office
1. Each member of the House shall (except President and Vice-
be elected for a term of three (3) President) is valid, as it only
years which shall commence affects the officers tenure
(unless otherwise provided for by and NOT his constitutional
law) at noon on 30 June next term.
following their election.
2. Voluntary renunciation of 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.
4

Sec. 9. In case of vacancy in the


Party-List Representatives Senate or in the House of
Representatives, a special election
1. Constitute 20% of the total may be called to fill such vacancy in
number of representatives, the manner prescribed by law, but the
including those under the party-list Senator or Member of the House of
system (thus a maximum of 50 Representatives thus elected shall
party-list members of the House) serve only for the unexpired term.
2. However, for 3 consecutive terms
Sec. 10. Salaries of Senators and
from 2 February 1987 (i.e., the
1987-92, 92-95 and 95-98 terms), Members of the House
25 seats shall be allotted to Determination of Salaries:
sectoral representatives. Under
Art. XVIII, Sec. 7, the sectoral Salaries of Senators and Members of
representatives are to be the House of Representatives shall be
appointed by the President until determined by law.
legislation otherwise provides.
Rule on increase in salaries:

No increase in their salaries shall take


Mechanics of the party-list system: effect until after the EXPIRATION OF
THE FULL TERM (NOT TENURE) OF
1. Registered organizations ALL THE MEMBERS OF THE SENATE
submit a list of candidates in AND THE HOUSE OF
order of priority. REPRESENTATIVES APPROVING
2. During the elections, these SUCH INCREASE.
organizations are voted for at
large. Note: Since the Constitution ‘provides
3. The number of seats that for rules on “salaries” and not on
each organization gets out of ‘emoluments,’ our distinguished
the 20% allotted to the legislators can appropriate for
system depends on the
themselves other sums of money such
number of votes they get.
as travel allowances, as well as other
side ‘benefits.’
Qualifications of Party List
Representative
Sec. 11: CONGRESSIONAL
1. Natural born citizen of the
IMMUNITIES
Philippines
2. At least 25 years of age on the
day of the election 1.) Immunity from arrest:
3. Able to read and write
5

1. Legislators are privileged from (iii) Congress need NOT be in


arrest while Congress is “in session when the utterance is made, as
session” with respect to offenses long as it forms part of ‘legislative
punishable by up to 6 years of action,’ i.e. part of the deliberative and
imprisonment. Thus, whether communicative process used to
Congress is in regular or special
participate in legislative proceedings in
session, the immunity from arrest
consideration of proposed legislation or
applies.
2. If Congress is in recess, with respect to other matters with
members thereof may be arrested. Congress’ jurisdiction.
3. The immunity is only with respect
to arrests and NOT to prosecution
for criminal offenses.

2.) Legislative privilege:


1. No member shall be questioned
or held liable in any forum other Sec. 12. All Members of the Senate
than his/her respective and the House of Representatives
Congressional body for any debate shall, upon assumption of office,
or speech in the Congress or in make a full disclosure of their
any Committee thereof.
financial and business interests.
They shall notify the House
Limitations on the privilege:
concerned of a potential conflict of
(i) Protection is only against interest that may arise from the filing
forum other than Congress itself. Thus of a proposed legislation of which
for inflammatory remarks which are they are authors.
otherwise privileged, a member may be
sanctioned by either the Senate or the
House as the case may be.

(ii) The ‘speech or debate’ must


be made in performance of their duties
as members of Congress. This includes
speeches delivered, statements made,
votes cast, as well as bills introduced,
and other activities done in performance
of their official duties.
6

Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS:


Disqualifications:

DISQUALIFICATION WHEN APPLICABLE

1. Senator/Member of the House


cannot hold any other office or
employment in the Government or
any subdivision, agency or
Instrumentality thereof, including During his term. If he does so, he
GOCCS or their subsidiaries. forfeits his seat.

IF the office was created or the


2. Legislators cannot be appointed to emoluments thereof increased during
any office. the term for which he was elected.

3. Legislators cannot personally


appear as counsel before any court of
justice, electoral tribunal, quasi-
judicial and administrative bodies. During his term of office.

4. Legislators cannot be financially


interested 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 GOCC or its subsidiary. During his term of office.

5. Legislators cannot intervene in any When it is for his pecuniary benefit or


matter before any office of the where he may be called upon to act
government. on account of his office.
opening of the next regular session,
Sec. 15: REGULAR AND SPECIAL excluding Saturdays, Sundays, and
SESSIONS legal holidays.
Regular Sessions:
Special Sessions:
1.) Congress convenes once every
Called by the President at any time
year on the 4th Monday of July (unless
when Congress is not in session.
otherwise provided for by law)
Sec. 16. Officers:
2.) Continues in session for as long as
it sees fit, until 30 days before the 1.) Senate President;
7

2.) Speaker of the House; and 1.) Suspension

3.) Each House may choose such 1. Concurrence of 2/3 of ALL its
other officers as it may deem necessary. members and
2. Shall not exceed 60 days.
Election of Officers
2.) Expulsion
By a majority vote of all respective
members. 1. Concurrence of 2/3 of ALL its
members.
Quorum to do business:

1. Majority of each House shall Congressional Journals and


constitute a quorum. Records:
2. A smaller number may adjourn
from day to day and may compel 1.) The Journal is conclusive upon the
the attendance of absent courts.
members.
3. In computing a quorum, members 2.) BUT an enrolled bill prevails over
who are outside the country and the contents of the Journal.
thus outside of each House’s
coercive jurisdiction are not 3.) An enrolled bill is the official copy
included. of approved legislation and bears the
certifications of the presiding officers of
Internal Rules: each House. Thus where the
1. Each House shall determine its certifications are valid and are not
own procedural rules. withdrawn, the contents of the enrolled
2. Since this is a power vested in bill are conclusive upon the courts as
Congress as part of its inherent regards the provision of that particular
powers, under the principle of bill.
separation of powers, the courts
cannot intervene in the Adjournments:
implementation of these rules
insofar as they affect the members 1.) Neither House can adjourn for
of Congress. more than 3 days during the time
3. Also, since Congress has the Congress is in session without the
power to make these rules, it also consent of the other House.
has the power to ignore them
when circumstances so require. 2.) Neither can they adjourn to any
other place than that where the two
houses are sitting, without the consent
of the other.
Discipline:
8

Section 17: THE ELECTORAL are determined may still be exercised


TRIBUNAL even without an election contest.
The Senate and the House shall each
have an Electoral Tribunal which Issues regarding the Electoral
shall be composed of: Tribunals:

1.) Since the ET’s are independent


1. 3 Supreme Court Justices to be
designated by the Chief Justice; & constitutional bodies, independent even
2. 6 Members of the Senate or of the House from which the members
House, as the case may be. are respectively taken, neither Congress
nor the Courts may interfere with
The senior Justice in the Electoral procedural matters relating to the
Tribunal shall be its Chairman. functions of the ET’s, such as the setting
of deadlines or filing their election
Note: The congressional members of contests with the respective ETs.
the ET’s shall be chosen on the basis of
proportional representation from the 2.) The ETs being independent
political parties and party-list bodies, its members may not be
organizations. arbitrarily removed from their positions
in the tribunal by the parties which they
represent. Neither may they be
Jurisdiction of the Electoral Tribunal: removed for not voting according to
party lines, since they are acting
1.) Each ET shall be the sole judge of
independently of Congress.
all CONTESTS relating to the election,
returns, and qualifications of their 3.) The mere fact that the members of
respective members. This includes either the Senate or the House sitting on
determining the validity or invalidity of a the ET are those which are sought to be
proclamation declaring a particular disqualified due to the filing of an
candidate as the winner. election contest against them does not
warrant all of them from being
2.) An ‘election contest’ is one where a
disqualified from sitting in the ET. The
defeated candidate challenges the
Constitution is quite clear that the ET
qualification and claims for himself the
must act with both members from the
seat of a proclaimed winner.
SC and from the Senate or the House.
3.) In the absence of an election If all the legislator-members of the ET
contest, the ET is without jurisdiction. were to be disqualified, the ET would not
However, the power of each House to be able to fulfill its constitutional
expel its own members or even to defer functions.
their oath-taking until their qualifications
9

4.) Judicial review of decisions of the 1.) CA shall confirm the appointments
ETs may be had with the SC only by the President with respect to the
insofar as the decision or resolution was following positions:
rendered without or in excess of
jurisdiction or with grave abuse of 1. Heads of the Executive
discretion constituting denial of due Departments (except if it is the
Vice-President who is appointed to
process.
the post).
2. Ambassadors, other public
ministers or consuls.
3. Officers of the AFP from the rank
Section 18: THE COMMISSION ON
of Colonel or Naval Captain: and
APPOINTMENTS 4. Other officers whose
Composition: appointments are vested in him by
the Constitution (e.g. COMELEC
1.) Senate President as ex-officio members).
chairman;
2.) 12 Senators; and 2.) Congress CANNOT by law
3.) 12 Members of the House. prescribe that the appointment of a
person to an office created by such law
shall be subject to confirmation by the
Note: The 12 Senators and 12 CA.
Representatives are elected on the
basis of proportional representation from 3.) Appointments extended by the
the political parties and party-list President to the above-mentioned
organizations. positions while Congress is not in
session shall only be effective until
Voting/Action: disapproval by the CA or until the next
adjournment of Congress.
1.) The chairman shall only vote in
case of a tie.
2.) The CA shall act on all Meetings of the Commision on
appointments within 30 session days Appointments:
from their submission to Congress.
3.) The Commission shall rule by a 1.) CA meets only while Congress is in
majority vote of all the Members. session.

2.) Meetings are held either at the call


Jurisdiction of the Commission on
of the Chairman or a majority of all its
Appointments:
members.
10

3.) Since the CA is also an the inherent power to


independent constitutional body, its punish recalcitrant
rules of procedure are also outside the witnesses for contempt, and
scope of congressional powers as well may have them
as that of the judiciary. incarcerated until such time
that they agree to testify.
Note: The ET and the CA shall be
constituted within 30 days after the  The continuance of such
incarceration only subsists
Senate and the House of
for the lifetime, or term, of
Representative shall have been
such body. Once the body
organized with the election of the
ceases to exist after its final
President and the Speaker. adjournment, the power to
incarcerate ceases to exist
Sections 21-22: LEGISLATIVE
as well. Thus, each
INQUIRIES ‘Congress’ of the House
Scope: lasts for only 3 years. But if
one is incarcerated by the
1. Either House or any of their Senate, it is indefinite
committees may conduct inquires because the Senate, with its
‘in aid of legislation’. staggered terms, is a
2. “In aid of legislation” does not continuing body.
mean that there is pending
legislation regarding the subject of
the inquiry. In fact, investigation
may be needed for purposes of  BUT, in order for a witness
proposing future legislation. to be subject to this
3. If the stated purpose of the incarceration, the primary
investigation is to determine the requirement is that the
existence of violations of the law, inquiry is within the scope of
the investigation is no longer ‘in Congress’ powers. i.e. it is
aid of legislation’ but ‘in aid of in aid of legislation.
prosecution’. This violates the
principle of separation of powers  The materiality of a
and is beyond the scope of question is determined not
congressional powers. by its connection to any
actually pending legislation,
Enforcement: but by its connection to the
general scope of the
 Since experience has inquiry.
shown that mere requests
for information does not  The power to punish for
usually work, Congress has contempt is inherent in
11

Congress and this power is 2. Department heads may


sui generis. It cannot be appear before Congress in
exercised by local the following instances.
government units unless  Upon their own
they are expressly initiative, with the
authorized to do so. consent of the
President (and that
of the House
concerned); or
Limitations of Legislative Inquiries:  Upon the request of
either House (which
 The inquiry must be cannot compel them
conducted in accordance to attend)
with the ‘duly published  The appearance will
rules of procedure’ of the be conducted in
House conducting the EXECUTIVE
inquiry; and SESSION when:
 Required by the
 The rights of persons security of state or
appearing in or affected by required by public
such inquiries shall be interest; and
respected. Ex. The right  When the President
against self-incrimination. so states in writing

Appearance by department heads Sections 23-24. DECLARATION OF


before Congress: WAR/EMERGENCY POWERS
Vote requirement: (to declare the
1. Since members of the existence of a state of war)
executive department are
co-equals with those of the
1. 2/3 of both Houses, in joint
legislative department,
session
under the principle of
2. Voting separately
separations of powers,
department heads cannot
Emergency powers:
be compelled to appear
before Congress. Neither
may the department heads  During times of war or other
impose their appearance national emergency,
upon Congress. Congress may, BY LAW,
authorize the President to
exercise powers necessary
12

and proper to carry out a money from the public


declared national policy. treasury.
Limitations:  Thus, a bill enacting the
budget is an appropriations
1. Powers will be exercised bill.
for a limited period only; and  BUT: A bill creating a new
2. Powers will be subject to office, and appropriating
restrictions prescribed by funds therefor is NOT an
Congress appropriation bill.
Revenue Bill
Expiration of emergency powers:
 A revenue bill is one
1. By resolution of Congress specifically designed to
or raise money or revenue
2. Upon the next through imposition or levy.
adjournment of Congress  Thus, a bill introducing a
new tax is a revenue bill,
but a provision in, for
Sections 24-27, 30-31 instance, the Videogram
LEGISLATION Regulatory Board law
Bills that must originate from the imposing a tax on video
House of Representatives (Section rentals does not make the
24) law a revenue bill.
CODE: A R T Pu Lo P
Bills of local application
1. Appropriation bills
2. Revenue bills A bill of local application, such as one
3. Tariff bills asking for the conversion of a
4. Bills authorizing the increase municipality into a city, is deemed to
of public debt have originated from the House
5. Bills of local application provided that the bill of the House was
6. Private bills filed prior to the filing of the bill in the
Senate even if, in the end, the Senate
Note: The Senate may, however, approved its own version.
propose or concur with amendments.
LIMITATIONS:
Appropriation bills
APPROPRIATION BILLS:
 The primary and specific
aim of an appropriation bill  Congress cannot increase
is to appropriate a sum of the appropriations
recommended by the
13

President for the operation of their respective


of the Government as appropriations
specified in the budget. President
 Each provision or President of the
enactment in the General Senate
Appropriations Bill must Speaker of the
relate specifically to some House of Representatives
particular appropriation
Chief of Justice of
therein and any such
the Supreme Court
provision or enactment
must be limited in its Heads of the
operation to the Constitutional
appropriation to which it Commissions
relates.
 The procedure in approving DISCRETIONARY FUNDS
appropriations for Congress APPROPRIATED FOR
shall strictly follow the PARTICULAR OFFICIALS
procedure for approving SHALL BE:
appropriations for other
departments and agencies. 1. Disbursed only for public
 A special appropriations bill purposes;
must specify the purpose 2. Should be supported by
for which it is intended and appropriate vouchers; and
must be supported by funds 3. Subject to guidelines as
actually available as may be prescribed by law.
certified by the National
Treasurer or to be raised by IF CONGRESS FAILS TO PASS
a corresponding revenue GENERAL APPROPRIATIONS
proposal therein. BILL (GAB) BY THE END OF
ANY FISCAL YEAR:
 The GAB for the previous
year is deemed reenacted
TRANSFER OF APPROPRIATIONS:  It will remain in full force
and effect until the GAB is
 Rule: No law shall be passed by Congress.
passed authorizing any
transfer of appropriations FOR LAW GRANTING TAX
 BUT the following may, BY EXEMPTION
LAW, be authorized to
AUGMENT any item in the  It should be passed with the
general appropriations law concurrence of a MAJORITY
for their respective offices
from savings in other items
14

of ALL the members of  Exception: If a bill is


Congress. certified as urgent by the
President as to the
FOR BILLS IN GENERAL necessity of its immediate
enactment to meet a public
 Every bill shall embrace only calamity or emergency, the
one (1) subject, as expressed 3 readings can be held on
in the title thereof the same day.

 The title does not have to be a First reading – only the title is read; the
complete catalogue of bill is passed to the proper committee
everything stated in the bill. It
is sufficient if the title Second reading – Entire text is read and
expresses the general subject debates are held, and amendments
of the bill and all the introduced.
provisions of the statute are
Third reading – only the title is read, no
germane to that general
amendments are allowed. Vote shall be
subject.
taken immediately thereafter and the
 A bill which repeals legislation yeas and nays entered in the journal.
regarding the subject matter
need not state in the title that
VETO POWER OF PRESIDENT:
it is repealing the latter. Thus,
a repealing clause in the bill is
 Every bill, in order to
considered germane to the
become a law, must be
subject matter of the bill. presented to and signed by
the President.
 If the President does not
READINGS OF A BILL:
approve of the bill, he shall
veto the same and return it
 In order to become a law,
with his objections to the
each bill must pass three
House from which it
(3) readings in both
originated. The House shall
Houses.
enter the objections in the
 General rule: Each reading
Journal and proceed to
shall be held on separate
reconsider it.
days & printed copies
 The President must
thereof in its final form shall
communicate his decision
be distributed to its
to veto within 30 days from
Members three (3) days
the date of receipt thereof.
before its passage.
If he fails to do so, the bill
15

shall become a law as if he  No law shall be enacted


signed it. granting titles of royalty or
 This rule eliminates the nobility.
‘pocket veto’ whereby the
President would simply Section 28. POWER TO TAX
refuse to act on the bill. Limitations:
 To OVERRIDE the veto, at
least 2/3 of ALL the 1) The rule of taxation should be
members of each House
UNIFORM
must agree to pass the bill.
2) It should be EQUITABLE
In such case, the veto is
overriden and becomes a 3) Congress should evolve a
law without need of PROGRESSIVE system of taxation.
presidential approval. 4) The power to tax must be
exercised for a public purpose because
ITEM VETO: the power exists for the general welfare
5) The due process and equal
 The President may veto protection clauses of the Constitution
particular items in an should be observed.
appropriation, revenue or
tariff bill. Delegation of power to fix rates
 This veto will not affect
items to which he does not 1) Congress may, BY LAW, authorize
object. the President to fix the following:

a) Tariff rates
TYPE OF BILL ITEM b) Import and Export Quotas
c) Tonnage and wharfage
1. Revenue/tax bill Subject of dues
the tax and the tax rate imposed thereon d) Other duties and imposts

2. Appropriations bill Indivisible


sum dedicated to a stated purpose Within the framework of the national
development program of the
Government
Specific limitations on legislation
2) The exercise of such power by the
 No law shall be enacted President shall be within the specified
increasing the Supreme limits fixed by Congress and subject to
Court’s appellate jurisdiction
such limitations and restrictions as it
without the SC’s advice and
may impose.
concurrence.
16

a) This places the control of


public funds in the hands of Congress.
b) BUT: This rule does not
prohibit continuing appropriations.
Constitutional tax exemptions:
e.g. for debt servicing. This is
1) The following properties are because the rule does not require
exempt from REAL PROPERTY taxes yearly, or annual appropriation.

(CODE: Cha Chu M- CA) 2) Limitations.


a) Charitable institutions
a) Appropriations must be for
b) Churches, and parsonages or
a PUBLIC PURPOSE
convents appurtenant thereto
b) Cannot appropriate public
c) Mosques
funds or property, directly or indirectly, in
d) Non-profit cemeteries; and
favor of
e) All lands, buildings and
(i) Any sect,
improvements actually, directly and
church, denomination, or
exclusively used for religious, charitable,
sectarian institution or
or educational purposes.
system of religion or
(ii) Any priest,
2) All revenues and assets of NON- preacher, minister, or other
STOCK NON-PROFIT EDUCATIONAL religious teacher or
institutions are exempt from taxes and dignitary as such.
duties PROVIDED that such revenues
and assets are actually, directly and
exclusively used for educational
purposes. (Art. XIV Sec 4 (3)) EXCEPT if the priest, etc is assigned to:
– the Armed Forces; or
3) Grants, endowments, donations or – any penal institution; or
contributions used actually, directly and – government orphanage; or
exclusively for educational purposes – leprosarium
shall be exempt from tax. This is
subject to conditions prescribed by law. c) BUT the government is not
(Art. XIV. Sec 4 (4)) prohibited from appropriating
money for a valid secular
Section 29. Power of the Purse purpose, even if it incidentally
benefits a religion, e.g.
1) No money shall be paid out of the appropriations for a national
National Treasury EXCEPT in police force is valid even if the
pursuance of an appropriation made by
law.
17

police also protects the safety of c) Petition should be


clergymen. registered

d) ALSO, the temporary use of


public property for religious
purposes is valid, as long as the
property is available for all
religions

3) Special Funds

a) Money collected on a tax


levied for a special purpose shall
be treated as a special fund and
paid out for such purpose only.

b) Once the special purpose is


fulfilled or abandoned, any
balance shall be transferred to
the general funds of the
Government

Section 32. INITIATIVE AND


REFERENDUM

1) Through the system of initiative


and referendum, the people can directly
propose and enact laws or approve or
reject any act or law or part thereof
passed by the Congress or local
legislative body.

2) Required Petition

a) Should be signed by at
least 10% of the total number of
registered voters
b) Every legislative district
should be represented by at least
3% of the registered voters

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