Non-legislative functionOriginal jurisdictionIn aid of legislationQualifications of senatorPointers

WHAT ARE THE NON-LEGISLATIVE POWERS OF CONGRESS?A:1. Power to declare the existence of state of war (Sec. 2, Par. 1, Art. VI) 2. Power to act as Board of Canvassers in election of President (Sec. 10, Art. VII) 3. Power to call a special election for President and Vice-President (Sec. 10, Art. VII) 4. Power to judge President’s physical fitness to discharge the functions of the Presidency (Sec. 11, Art. VII) 5. Power to revoke or extend suspension of the privilege of the writ of habeas corpus or declaration of martial law (Sec. 18, Art. VII) 6. Power to concur in Presidential amnesties. Concurrence of majority of all the members of Congress (Sec. 19, Art. VII) 7. Power to concur in treaties or international agreements; concurrence of at least 2/3 of all the members of the Senate (Sec. 21,

Art. VII) 8. Power to confirm certain appointments/ nominations made by the President (Secs. 9 and 16, Art. VII) 9. Power of Impeachment (Sec. 2, Art. XI) 10.Power relative to natural resources (Sec. 2, Art. XII) 11. Power of internal organization (Sec. 16, Art. VI)a) Election of officersb) Promulgate internal rulesc) Disciplinary powers (Sec. 16, Art. VI)12. Informing Function

QUALIFICATIONS OF SENATOR1. Natural-born citizen of the Philippines;2. At least 35 years of age on the day of election;3. Able to read and write;4. A registered voter; 5. Resident of the Philippines for not less than 2 years immediately proceeding the day of election.

Where the SC exercises ORIGINAL JURISDICTION

1. Over cases affecting AMBASSADORS, other PUBLIC MINISTERS & CONSULS;2. Over petitioners for (CPMQH)

• CERTIORARI• PROHIBITION• MANDAMUS• QUO WARRANTO• HABEAS CORPUS

3. Review of the FACTUAL BASIS for the declaration of MARTIAL LAW OR SUSPENSION of the Privilege of the Writ of habeas Corpus

INQUIRY IN AID OF LEGISLATION

Q: What does Section 21, Article VI of the Constitution provides?

A: The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.

Q: What is the scope of subject matter of the power to conduct inquiries in aid of legislation?

A: Indefinite. The field of legislation is very wide as compared to that of the American Congress. And because of such, the field of inquiry is also very broad. It may cover administrative inquiries, social, economic, political problem (inquiries), discipline of members, etc. Suffice it to say that it is co-extensive with legislative power. (Arnault v. Nazareno, G.R. No. L-3820, July 18, 1950)

Note: “In aid of legislation” does not mean that there is pending legislation regarding the subject of the inquiry. In fact, investigation may be needed for purposes of proposing future legislation.

1

If the stated purpose of the investigation is to determine the existence of violations of the law, the investigation is no longer “in aid of legislation” but “in aid or prosecution.” This violates the principle of separation of powers and is beyond the scope of Congressional powers.

Q: What are the limitations on legislative investigation?

1. Under Sec. 21, Art. VI, the persons appearing in or affected by such legislative inquiries shall be respected. 2. The Rules of procedures to be followed in such inquiries shall be published for the guidance of those who will be

summoned. This must be strictly followed so that the inquiries are confined only to the legislative purpose. This is also to avoid abuses.

3. The investigation must be in aid of legislation.

4. Congress may not summon the President as witness or investigate the latter in view of the doctrine of separation of powers except in impeachment cases. Note: It is the President’s prerogative to divulge or not the information which he deems confidential or prudent in the public interest.

5. Congress may no longer punish the witness in contempt after its final adjournment. The basis of the power to impose such penalty is the right to self-preservation. And such right is enforceable only during the existence of the legislature (Lopez v. Delos Reyes, G.R. No. L- 3436,Nov. 5, 1930).

6. Congress may no longer inquire into the same justiciable controversy already before the court (Bengzon v. Blue Ribbon Committee, G.R. No. 89914, Nov. 20, 1991).

Pointers

SC EXERCISES APPELLATE JURISDICTION

a. over final judgments and order of lower courts in all cases in which the constitutionality or validity of any (TILPPOOIR) TREATY INTERNATION OR EXECUTIVE AGREEMENT LAW PD PROCLAMATION ORDER INSTRUCTION ORDINANCE REGULATION

Is in Questionb. all cases involving the LEGALITY of any

TAX IMPOST ASSESSMENT or TOLL or ANY PENALTY imposed in relation thereto;

c. all cases in which the jurisdiction of any lower court is in issue;d. all CRIMINAL CASES in which the penalty imposed is RECLUSION PERPETUA or higher;e. all cases in which only QUESTIONS OF LAW is involved

COMPOSITIONS OF JUDICIAL AND BAR COUNCIL

EX OFFICIO CHAIRMAN – SC CJ

EX OFFICIO MEMBERS1. SECRETARY OF JUSTICE2. REPRESENTATIVE OF CONGRESS

REGULAR MEMBERS (APPOINTED BY THE PRESIDENT FOR A 4-YEAR TERM WITH THE CONSENT OF THE CA)

1. REPRESENTATIVE OF IBP2. PROFESSOR OF LAW3. RETIRED MEMBER OF THE SC4. REPRESENTATIVE OF PRIVATE SECTOR

2

SECRETARY DE OFFICIO- CLERK OF THE SC

POWERS AND FUNCTIONS

1. Recommend appointees to the Judiciary2. Recommend appointees to the office of the Ombudsman and his 5 deputies3. May exercise such other functions as may be assigned by the SC

NOTE:

The duty of the JBC to submit a list of nominees BEFORE the start of the President’s mandatory 90-day period to appoint is MINISTERIAL but its selection of the candidates whose names will be in the list to be submitted to the President lies within the discretion of the JBC. (De Castro vs. JBC)

Section 13 & 14

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution, must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.

3