271059/271347/E-02472/E-04036 Concurring and Dissenting Opinion: Justice Maria Filomena D. Singh — Official PDF

Concurring and Dissenting Opinion 24 G.R. Nos. 271347, 278353, E-02472 & E-04036 449,540,510,000.00. Th.e ponencia like.wise r~~qi;:ds 1:b,at Congress ratified the increase introduced during the bicameral conference. The Court must therefore consider both the authority of the BCC to recommend the change and the authority of Congress to enact the resulting appropriation. Congressional ratification is material. to the former inquiry. It cannot, by itself, resolve the latter. The BCC exercises authority derived from Congress. Article VI, Section 157 of the Constitution vests legislative power in the Senate and the House of Representatives, while Section 16(3)58 authorizes each House to detennine the rules of its proceedings. The conference mechanism operates within that arrangement The Constitution neither establishes the BCC as another legislative chamber nor confers upon it an independent power to enact laws. Its members negotiate a common text for submission to the chambers they represent. The absence of an express constitutional provision establishing the BCC does not make it an impermissible part of lawmaking. It is. a mechanism Congress may adopt in the e.xer~ise o.f its constitutional rule- making authority. Within constitutional bounds, the extent of the authority entrusted to that mechanism is for Congress, not the Court, to determine. The congressional rules reflect this purpose. Rule X, Section 6259 of the House Rules of the 19th Congress provides for a conference committee to settle differences between the two chambers' measures. It directs the House panel, as much as possible, to adhere to the House version and to refer substantial differences that materially impair that version to the House for appropriate action. Section 6360 requires a report identifying the changes and 57 CONST., art. VI, sec. 1 provides: The legislative power shall be vested in the Congress of the Philippines which shall conslct of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. (Emphasis supplied) '• 58 CONST., art. VI, sec. I 6(3) provides: Each House may determine the rule.[ ofit,pro,eedings, punish its ly!embers for disorderly beha0or, dnd, with the concurrence of Mo-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed [60] days. (Emphasis supplied) 59 Rules of the House of Representatives, 19th Congress. Rule X, sec. 62 provides: Conference Committee. ~ In cases where the House does not agree wirh the Senate on any amendment to any House bi11 or joint resolution, or where the Senate has approved a similar bill to a House-approv~ bill, and th~se measures have conflicting provisions, dijferences may he settled hy conference committees composed ofrepresentativet,:from both chambers. In resolving the dfiferences hctween the. two meusures, the lfouse panel. shall, a~ much as possible, adhere to and support the !louse hill or joint resolution. [/the differences 1,vith the Senate hill or joint resolution are so substantial that they materially impair the l{ouse bill or joint resolution, the panel shall report such.fact to the House for the latter's appropriate action. The Speaker shall appoint the lvlembers of the House panel in a conference committee whose names shall be manifosted in open session and entered in the Journal: PrOvidtil, That the chai1person of the committee that reported out the biJl or joint resolution under consideration and the pdncipal author(s) thereof shall be Members of the House panel; and Provided, fi.nther, T'natequitable representation of the Majority and the Minority in the panei shall be ensured. (Emphases supplied) 60 Rules of the House of Representatives, 19'" Congress, Rule X, sec. 63 provides: