# Bayanihan Constitution/Article VII

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Source: Full text: Consultative Committee's draft federal constitution. The Philippine Star.
ARTICLE VII LEGISLATIVE DEPARTMENT
SECTION 1. The Federal legislative power is vested in the Congress, which shall consist of a Senate and a House of Representatives.
The people, pursuant to the provisions on initiative, plebiscite, and referendum, may directly exercise legislative power.
SECTION 2. Every Federated Region shall be represented by at least two (2) Senators elected by the qualified voters in the Federated Region; Provided, that each region shall have the same number of senators.
SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, at least thirty-five (35) years of age, holder of a college degree or its equivalent, a registered voter, and domiciled in the Federated Region where he or she is to be elected for not less than two years immediately preceding the day of the election.
SECTION 4. The term of office of the Senators shall be four (4) years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. They shall continue in office until their successors shall have been elected, proclaimed, and qualified.
No Senator shall serve for more than two (2) consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.
SECTION 5. (a) The House of Representatives shall be composed of not more than four hundred (400) Members unless otherwise provided by law.
(b) Sixty per centum (60%) of the Members of the House of Representatives shall be elected by plurality of votes where each single-member legislative electoral district shall have one (1) seat in the House of Representatives. Single-member legislative districts shall be apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants on the basis of a uniform and progressive ratio as may be provided by federal law.
(c) The remaining fort percent (40%) of the Members of the House of Representatives shall be voted nationwide through a system of proportional representation. Every voter shall vote for a registered political party with a closed list of nominees; Provided, that these nominees are qualified to be members of the House of Representatives. Political parties that obtain at least five percent (5%) of the valid votes cast under the proportional party representation system shall be considered elected and shall be allocated seats in proportion to the number of votes they received.
(d) For three (3) consecutive terms following the ratification of this Constitution, one half of the seats set aside for parties voted under the proportional representation system shall be reserved for labor, peasant, urban poor, indigenous peoples, and fisherfolk groups, provided that they organize themselves as parties or coalitions of parties. The other half of the total seats allocated for proportional representation shall be open to all other political parties or coalitions thereof.
(e) Each single-member legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city, including those located on islands, with a population of at least five hundred thousand (500,000), or each province regardless of population shall be entitled to at least one (1) member of the House of Representatives.
(f) Within five (5) years following the return of every national census, the Congress is mandated to pass a reapportionment law or to make reapportionment of legislative districts based on the standards provided in this section.
SECTION 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines, at least twenty-five (25) years of age on the day of the election, and holder of a college degree or its equivalent. Except for one elected through the proportional representation system, he must be a registered voter and domiciled in the district where he is to be elected for a period of not less than one (1) year immediately preceding the day of the election.
SECTION 7. The Members of the House of Representatives shall be elected for a term of four (4) years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.
No member of the House of Representatives shall serve for more than two (2) consecutive terms. Voluntary renunciation of the 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.
SECTION 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.
SECTION 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.
In the case of representatives elected through the proportional representation system, the vacancy shall be filled based on the preferential order of names on the closed list submitted to the Federal Commission on Elections by the parties in the preceding election.
SECTION 10. The salaries of Senators and Members of the House of Represe ntatives shall be determined by law. No increase in compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.
SECTION 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six (6) years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.
SECTION 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.
SECTION 13. 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. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.
SECTION 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before any quasi-judicial and other administrative bodies, except when he is a party to the case. Neither shall he, during his term of office, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. He shall not intervene in any matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office.
SECTION 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty (30) days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.
SECTION 16. (a). The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.
(b) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner and under such penalties as such House may provide.
(c) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior committed during their incumbency and, with the concurrence of two-thirds (2/3) of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty (60) days. Provided that each House shall comply with final and executory orders of judicial or quasi-judicial authorities imposing disciplinary sanctions on its Members.
(d) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth (1/5) of the Members present, be entered in the Journal. Each House shall also keep a record of its proceedings.
(e) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three (3) days, nor to any other place than that in which the two Houses shall be sitting.
SECTION 17. All contests relating to the election, returns, and qualifications of Senators and Members of the House of Representatives shall be within the exclusive original jurisdiction of the Federal Electoral Court, as provided in Article IX of the Constitution.
SECTION 18. (a) There shall be a Commission on Appointments consisting of the President of the Senate as ex officio Chairperson, twelve (12) Senators and twelve (12) Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties represented therein. The Chairperson of the Commission shall not vote, except in case of a tie. The Commission shall decide by a majority vote of all the Members.
(b) The Commission on Appointments shall perform other functions and duties as may be provided by the Constitution.
(c) Any appointment or nomination that has been bypassed or unacted upon by the Commission on Appointments at least twice shall be deemed disapproved.
SECTION 19. The Commission on Appointments shall be constituted within thirty (30) days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairperson or a majority of all its Members, to discharge such powers and functions conferred upon it.
SECTION 20. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.
SECTION 21. 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.
Any witness or resource person ordered detained for contempt during inquiry may seek judicial relief when the detention is patently unlawful or when its prolonged enforcement becomes unreasonable or violates due process.
SECTION 22. The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by either House on any matter pertaining to their departments. Written questions from the Members of Congress shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three (3) days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the Federal Republic, or the public interest or nature of testimony so requires and the President so states in writing, the appearance shall be conducted in executive session.
SECTION 23. (a) The Congress, by a vote of two-thirds (2/3) of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.
(b) In the event the Congress is unable to convene due to the existence of war or national emergency, the President, as Commander-in-Chief, shall exercise all powers necessary to resolve the situation. When the Congress is able to convene, it may, through a resolution, revoke such exercise of powers by the President.
(c) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as the Congress may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt and private bills shall originate exclusively in the House of Representatives, but the Senate may concur with or propose amendments to such bills.
SECTION 25. (a) The Congress may not increase the appropriations recommended by the President for the operation of the Federal Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.
(b) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.
(c) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.
(d) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.
(e) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justices of the Federal Supreme Court, the Constitutional Court, the Federal Administrative Court and the Federal Electoral Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the General Appropriations Act for their respective offices from savings in other items of their respective appropriations.
(f) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
(g) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.
SECTION 26. (a) Every bill passed by the Congress shall embrace only one (1) subject which shall be expressed in the title thereof.
(b) No bill passed by either House shall become a law unless it has passed three (3) readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.
(c) There shall be a Bicameral Conference Committee composed of Members chosen by each House that shall reconcile conflicting provisions of the bill passed by each House. The reconciled version shall be subject to vote by each House in accordance with their respective rules.
SECTION 27. Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds (2/3) of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds (2/3) of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty (30) days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it; Provided that when an advisory opinion of the Constitutional Court is sought, as provided for in subparagraph (a), Section 12 of Article IX, the President shall only act on the bill within thirty (30) days from the issuance of the opinion.
The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
SECTION 28. (a) Taxation shall be uniform, equitable, and progressive.
(b) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the government.
(c) Charitable institutions, churches, temples, masajid and parsonages or convents, madaris, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.
(d) No law granting any Federal tax exemption shall be passed without the concurrence of at least two-thirds (2/3) of all the Members of each House of Congress, voting separately.
SECTION 29. (a) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
(b) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary except when such priest, preacher, minister, imam, or dignitary is assigned to the armed forces, law enforcement agencies or to any penal institution, or government orphanage or hospital.
(c) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the government.
This work is in the public domain because it is a work of the Philippine government (see Republic Act No. 8293 Sec. 176).
All official Philippine texts of a legislative, administrative, or judicial nature, or any official translation thereof, are ineligible for copyright.
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