Law Making Power

Plenary nature - a plenary power or plenary authority is a complete and absolute power to take action
on a particular issue, with no limitations. It is derived from the Latin term plenus ("full").

Gonzales vs. Hechanova

Facts:
Executive Secretary Hechanova authorized the importation of foreign rice to be purchased from private
sources. Gonzales, a rice planter, and president of the Iloilo Palay and Corn Planters Association, filed a
petition questioning said act because Republic Act No. 3452 which allegedly repeals or amends Republic
Act No. 2207 — explicitly prohibits the importation of foreign rice by the Rice and Corn Administration
or any other government agency. Hechanova countered that the act is authorized by the President.

Issue:
Is the executive department has the power to interfere the legislative powers?

Held:
No, because the executive may not interfere in the performance of the legislative powers of the latter,
except in the exercise of his veto power. He may not defeat legislative enactments that have acquired
the status of law, by indirectly repealing the same through an executive agreement providing for the
performance of the very act prohibited by said laws.

Datu Michael Abas Kida vs. Senate

Facts:
These motions assail our Decision dated October 18, 2011, where we upheld the constitutionality of
Republic Act (RA) No. 10153. Pursuant to the constitutional mandate of synchronization, RA No. 10153
postponed the regional elections in the Autonomous Region in Muslim Mindanao (ARMM) (which were
scheduled to be held on the second Monday of August 2011) to the second Monday of May 2013 and
recognized the President’s power to appoint officers-in-charge (OICs) to temporarily assume these
positions upon the expiration of the terms of the elected officials.

Issue:
The petitioners are adamant that the provisions of RA No. 10153, in postponing the ARMM
elections, amend RA No. 9054.

Held:
The power of the legislature to make laws includes the power to amend and repeal these laws. Where
the legislature, by its own act, attempts to limit its power to amend or repeal laws, the Court has the
duty to strike down such act for interfering with the plenary powers of Congress. As explained in Duarte
v. Dade.
A state legislature has a plenary law-making power over all subjects, whether pertaining to persons or
things, within its territorial jurisdiction, either to introduce new laws or repeal the old, unless prohibited
expressly or by implication by the federal constitution or limited or restrained by its own. It cannot bind
itself or its successors by enacting irrepealable laws except when so restrained.

Every legislative body may modify or abolish the acts passed by itself or its predecessors. This power of
repeal may be exercised at the same session at which the original act was passed; and even while a bill is
in its progress and before it becomes a law. This legislature cannot bind future legislature to a particular
mode of repeal. It cannot declare in advance the intent of subsequent legislatures or the effect of
subsequent legislation upon existing statutes.

Macalintal vs. COMELEC

Facts:
This is a petition for certiorari and prohibition filed by Romulo B. Macalintal, a member of the Philippine
Bar, seeking a declaration that certain provisions of Republic Act No. 9189 (The Overseas Absentee
Voting Act of 2003) suffer from constitutional infirmity. Claiming that he has actual and material legal
interest in the subject matter of this case in seeing to it that public funds are properly and lawfully used
and appropriated, petitioner filed the instant petition as a taxpayer and as a lawyer.

The petitioner alleged creation of Joint Congressional Oversight Committee with the power to review,
revise, amend and approve the Implementing Rules and Regulations promulgated by the COMELEC, R.A.
No. 9189 intrudes into the independence of the COMELEC which, as a constitutional body, is not under
the control of either the executive or legislative departments of government; that only the COMELEC
itself can promulgate rules and regulations which may be changed or revised only by the majority of its
members; and that should the rules promulgated by the COMELEC violate any law, it is the Court that
has the power to review the same via the petition of any interested party, including the legislators.

Issue:
May Congress, through the Joint Congressional Oversight Committee created in Section 25 of Rep. Act
No. 9189, exercise the power to review, revise, amend, and approve the Implementing Rules and
Regulations that the Commission on Elections shall promulgate without violating the independence of
the COMELEC under Section 1, Article IX-A of the Constitution?

Held:
No, because Congress would overstep the bounds of its constitutional mandate and intrude into
the independence of the COMELEC.
ABAKADA vs. Purisima
G.R. No. 166715, August 14, 2008

Facts:
RA 9335 or Attrition Act of 2005 was enacted to optimize the revenue-generation capability and
collection of the BIR and the BOC. The law intends to encourage their officials and employees to exceed
their revenue targets by providing a system of rewards and sanctions through the creation of Rewards
and Incentives Fund and Revenue Performance Evaluation Board.

The Boards in the BIR and BOC to be composed by their respective Commissioners, DOF, DBM,
and NEDA, were tasked to prescribe the rules and guidelines for the allocation, distribution and release
of the fund, to set criteria and procedures for removing service officials and employees whose revenue
collection fall short of the target; and further, to issue rules and regulations. Also, the law tasked the
DOF, DBM, NEDA, BIR, BOC and the CSC to promulgate and issue the IRR of RA 9335, subject to the
approval of the Joint Congressional Oversight Committee created solely for the purpose of approving
the formulated IRR. Later, the JCOO having approved a formulated IRR by the agencies, JCOO became
functus officio and ceased to exist.

Petitioners assail the creation of a congressional oversight committee on the ground that it
violates the doctrine of separation of powers, as it permits legislative participation in the
implementation and enforcement of the law, when legislative function should have been deemed
accomplished and completed upon the enactment of the law.
Issue:
Is the creation of the Congressional Oversight Committee in RA 9335 constitutional?
Held:
No, because given the concept and configuration of the power of congressional oversight and
considering the nature and powers of a constitutional body like the Commission on Elections, the Court
struck down the provision in RA 9189 (The Overseas Absentee Voting Act of 2003) creating a Joint
Congressional Committee.

Constitution imposes two basic and related constraints on Congress. It may not vest itself, any of its
committees or its members with either executive or judicial power. And, when it exercises its legislative
power, it must follow the "single, finely wrought and exhaustively considered, procedures" specified
under the Constitution, including the procedure for enactment of laws and presentment.
Procedure (Section 26)
Lidasan vs. COMELEC
G.R. No. L-28089, October 25, 1967

Facts:
RA No. 4790 entitled “An Act Creating the Municipality of Dianaton in the province of Lanao del
Sur, was signed into law and came to light later that barrios mentioned in the body of that statue are
within the municipalities of the Province of Cotabato and not of Lanao del Sur only.

Prompted by the coming elections, COMELEC adopted its resolutions for the purposes of establishments
of precincts, registration of voters and for other election purposes. The Office of the President
recommended the COMELEC that the operation of the statute be suspended until “clarified by
correcting legislation”. COMELEC stood by its own interpretation, hence this motion by Bara Lidasan as a
resident, taxpayer and a qualified voter of Parang Cotabato.

Issue:
Does the title of R.A. 4790 conform to the constitutional requirement?
Held:
No. The title of RA No. 4790 projects the impression that solely the province of Lanao del Sur is
affected by the creation of Dianaton. Not the slightest intimation is there that communities in the
adjacent Province of Cotabato are incorporated in this new Lanao Del Sur town. Such title did not inform
the people in towns in Cotabato and the province itself that part of their territory is being taken away
and added to the adjacent province of Lanao del Sur.

Transfer of sizable territory from one province to another is as important as the creation of a
municipality; yet, the title did not reflect this fact. The legislative purpose is not expressed in the title;
hence RA No. 4790 is null void.
BANAT vs. COMELEC
G.R. No. 177508, August 7, 2009

Facts:

This is a petition for Prohibition with a prayer for the issuance of a temporary restraining order
or a writ of preliminary injunction filed by petitioner Barangay Association for National Advancement
and Transparency (BANAT) Party List (petitioner) assailing the constitutionality of Republic Act No. 9369
(RA 9369)and enjoining respondent Commission on Elections (COMELEC) from implementing the
statute.

RA 9369 is a consolidation of Senate Bill No. 2231 and House Bill No. 5352 passed by the Senate
on 7 December 2006 and the House of Representatives on 19 December 2006. On 23 January 2007, less
than four months before the 14 May 2007 local elections.

On 7 May 2007, petitioner, a duly accredited multi-sectoral organization, filed this petition for
prohibition alleging that RA 9369 violated Section 26(1), Article VI of the Constitution. Petitioner also
assails the constitutionality of Sections 34, 37, 38, and 43 of RA 9369. According to petitioner; these
provisions are of questionable application and doubtful validity for failing to comply with the provisions
of the Constitution.

Issue:
The petitioner argues that the title of RA 9369 is misleading because it speaks of poll automation
but contains substantial provisions dealing with the manual canvassing of election returns. Petitioner
also alleges that Sections 34, 37, 38, and 43 are neither embraced in the title nor germane to the subject
matter of RA 9369.

Held:
RA 9369 is an amendatory act entitled An Act Amending Republic Act No. 8436, Entitled An Act
Authorizing the Commission on Elections to Use an Automated Election System in the May 11, 1998
National or Local Elections and in Subsequent National and Local Electoral Exercises, to Encourage
Transparency, Credibility, Fairness and Accuracy of Elections, Amending for the Purpose Batas Pambansa
Blg. 881, as Amended, Republic Act No. 7166 and Other Related Election Laws, Providing Funds Therefor
and For Other Purposes.

Clearly, the subject matter of RA 9369 covers the amendments to RA 8436, Batas Pambansa Blg.
881 (BP 881),Republic Act No. 7166 (RA 7166),and other related election laws to achieve its purpose of
promoting transparency, credibility, fairness, and accuracy in the elections. The provisions of RA 9369
assailed by petitioner deal with amendments to specific provisions of RA 7166 and BP 881, specifically:
(1) Sections 34, 37 and 38 amend Sections 26, 30 and 15 of RA 7166, respectively; and (2) Section 43 of
RA 9369 amends Section 265 of BP 881.Therefore, the assailed provisions are germane to the subject
matter of RA 9369 which is to amend RA 7166 and BP 881, among others.
Giron vs. COMELEC

G.R. No. 188179 January 22, 2013

Tolentino vs. Secretary of Finance

G.R. No. 115455 October 30, 1995

ABAKADA vs. Purisima

Bengzon vs. Drilon

G.R. No. 103524 April 15, 1992

PHILCONSA vs. Enriquez

G.R. No. 113105 August 19, 1994