01 LEGISLATIVE BRANCH

Question 1

Inherent powers of state reposed in Congress

Answer 1

1. Police Power
2. Power of Eminent Domain
3. Power of Taxation

Question 2

Age requirements of Senators and HRep Members

Answer 2

HRep Members - 25 y.o.
Senators - 35 y.o.

Question 3

Residency requirement of Senator and HRep Mem

Answer 3

Senator - resident of the Philippines for not less than two years immediately preceding the day of the election.

HRep Mem - resident of the district which he shall be elected for a period of not less than one year immediately preceding the day of the election.

Question 4

The three house rules of Reps and Senators?

Answer 4

1. Senate and HoR internal rules of procedure
2. Senate and HoR rules in relations to the conduct of legislative inquiry in the senat/HoR or for committees
3. Rules in relation to impeachment (political in nature) [HoR initiates impeachment, Senate tries impeachment; see Art. XI Sec. 3 CONST]

NOTE: also has rules on discipline of members (they are political and internal, Congress cannot be compelled)

Question 5

What is law-making power

Answer 5

Law-making power
-Power to make, repeal, and amend laws
-Plenary in character
-Limited only by what is provided in the Constitution –> limitaitons may be substantive and/or procedural

Question 6

Other powers of the legislature not legislative in character

Answer 6

Other powers (not legislative in character)
* Power to declare a state of war
* Power to abb or extend the declaration of martial law or suspension of the writ of habeas corpus
* Power to impeach

Question 7

Standard for valid delegation of legislative powers

Answer 7

Completeness test - law sets the policy to be executed leaving nothing to the delegate except to implement it (examine the intent of the delegation or policy behind it)
Sufficient standard test - law provides adequate guidelines or limitations to determine the boundaries of the delegate’s authority.

NOTE: Parameters of the sufficient standard - necessarily broad and highly abstarct; they may be express or implied. Do not have to be spelled out specifically and could be implied from the purpose of the act considered as a whole

See: Sobrejuanite-Flores v. Commissioners of PRC (2021)

Question 8

Is subordinate legislation by admin bodies an exercise of legislative pwoers?

Answer 8

No.

The legislature cannot delegate its power to make law. Subordinate legislation is merely the power to determine some fact or some state of things upon which the law makes or intends to make its own action depend. See: Sobrejuanite-Flores v. Commissioners of PRC (2021)

Question 9

Differences in qualifications for HoR District Rep and HoR Party-List Nominee

Answer 9

District : Party-list

1. Natural-born Filipino Citizen: Natural-born Filipino Citizen;
2. Able to read and write: Able to read and write;
3. Registered voter in the district from which he or she shall be elected: Registered voter
4. Resident of that district for at least one year immediately preceding the election: Rsident of the Philippines for 1 year immediately preceding elections;
5. N/A : Bona-fide member of the organization which he seeks to represent for at least 90 days preceding the day of the election;
6. 25 y.o. : 25 y.o.
7. N/A : must have given his written consent to be a nominee

Question 10

Legislative apportionment vs. reapportionment

Answer 10

Legislative apportionment - the determination of the number of representatives which may be sent to a legislative body. It is the allocation of seats in a legislative body in proportion to the population; the drawing of voting district lines so as to equalize population and voting power among the districts

Reapportionment - realignment or change in legislative districts brought about by changes in population and mandated by the constitutional requirement of equality of representation.

Question 11

Is a plebiscite necessary for apportionment and reapportionment?

Answer 11

No plebiscite is required under the apportionment or reapportionment provision.

Question 12

How is apportionment made?

Answer 12

Apportionment shal lbe mae in accordance with the number of respectivei nhabitants among provinces, cities and Metro Manila area on the basis of uniform and progressive raito.

Each city with not less than 250K inahbitants shall be entitled to at least one representative

Each province, irrespective of the number of inhabitants, is entitled to at least one representative.

Each legislative district shall comprise as far as practicable, contiguous, compatc and adjacent territory.

An apportionment may be through special law.

Question 13

What is the purpose and objective of the party-list system?

Answer 13

The primary objective and purpose of the party-list system is electoral reform by giving marginalized and under-represented parties (sectors) the chance to participate in the elctoral exercise and to elect themselves to the HRep through a system other than the legislative district elections.

Question 14

Will the disqualification of a party-list nominee result in the disqualfication of the party-list?

Answer 14

No. The disqualification of a nominee (on the ground that he is not a bona fide member of the political party; or that he does not possess the actual status or characteristic or that he is not a genuine advocate of the sector represented) does not automatically result in th disqualification of the party since all the grounds for cancellation or refual of registration pertain to the party itself.

Question 15

What are the privileges, inhibitions, and disqualifications of a Senator or a member of the HRep?

Answer 15

1. Compensation - No increase in compensation shall take effect until after the expiration of the full term of all the Members of hte Senate and the House of Representatives approving such increase;
2. Incompatible office, forbidden office - No Senator or Member of the HRep may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including GOCCs 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 whic he was elected.
3. Appearance as counsel - No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.
4. Self-dealing - No Senator or Member of the HRep shall be interested in financially in any contract with, or in any franchise or special privilege granted by the GOvernment, or any subdivision, agency, or instrumentality thereof, including GOCCs, or its subsidiary during his term of office. 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 acto n account of his office.
5. Privilege from arrest - A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session.
6. Parliamentary immunity - 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.

Question 16

What does “Speech or debate” in Congress mean?

Answer 16

The phrase “speech or debate therein,” used in Article VI, Section 15 of the Constitution, refers to utterances made by Congressmen in the performance of their official functions, such as speeches delivered, statements made, or votes cast in the halls of Congress, while the same is in session, as well as bills introduced in Congress, whether the same is in session or not, and other acts performed by Congressmen, either in Congress or outside the premises housing its offices, in the official discharge of their duties as Members of Congress and of Congressional Committees duly authorized to perform its functions as such, at the time of the performance of the acts in question. [Jimenez v. Cabangbang, 17 SCRA 876]

Question 17

How is the Senate and the HRep organized?

Answer 17

Organiztion. 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.

The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President andthe Speaker. The Commission on Appointment shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

Question 18

What constitutes the quorum in the Congress?

Answer 18

A majority of each Hosue shall constitute a quorum to do business.

Question 19

Congressional sessions

Answer 19

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 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.

Neither Hosue during hte session of the Congress shall, without the consent of hte other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Question 20

May the existence of a quorum be the subject of judicial review?

Answer 20

Yes, the quorum is a constitutional requirement. Hence, its existence may be the subject of judicial review.

Question 21

The 3 rules of HRep and Senate

Answer 21

Senate and HoR Internal rules of procedure
* Each house may determine the rules of its proceedings
* Cases: the most prominent is Arroyo v. De Venecia- rules of proceedings is a political question. So, if a particular house of congress fails to follow its rules, the matter is not justiciable since it is a political question. The departure from the rules is not a constitutional violation which will lead to the nullity of things. In said case, the members challenged constitutionality of law since the proceedings of the HoR did not follow the rules of proceedings. SC: no determination of question because matters pertaining to rules of procedure are political questions, and also the enrolled bill doctrine.

Senate and HoR Rules in relation to the conduct of legislative inquiry in the senate/HoR or for committees

Rules in relation to impeachment (political in nature) [HoR initiatory only; and Senate for trial acts as impeachment court Sec. 3, Art. XI Const]

Note: Rules on discipline of members (also political and cannot be compelled)

Question 22

Outline of the legislative process

Answer 22

Legislative process
1. Submission of Bill
2. First Reading
3. Second Reading
4. Third Reading
5. Referral to conference committee
6. Enrolled Bill
7. Presidential action (sign or veto)

Question 23

May the conference committee introduce new provisions not provided in the three readings?

Answer 23

Yes. The Conference Committee is not limited to reconciling the differnces in the bill but may introduce new provisions germane to the subject matter or may reprot out an entirely new bill on the subject.

Question 24

What is the GR and XPN to the legislative process rule?

Answer 24

GR: 3 readings on 3 separate days
XPN: Bill is certified as urgen; 3 readings on 3 separate days requirement may be dispenssed with. There are still 3 readings but no longer on 3 separate days –> usually 2nd and 3rd readings are done within the same day

Question 25

Presentment

Answer 25

Copies of the bill, signed by the Senate President and the Speaker of the House of Representatives and certified by both the Secretary of the Senate and the Secretary General of thee House, are transmitted to the President.

Question 26

Presidential actions on the bills

Answer 26

Presidential actions (or inaction) on bills:
1. Approve bill - If the bill is approved, the same is assigned an RA number and transmitted to the House where it originated;
2. Veto the bill - if the bill is vetoed, the same, together with a message citing the reason for hte veto, is transmitted to the House where the bill originated. The President can veto only the bill in its entirety, and not protions of the bill.
3. Lapse - If no action is taken on the bill within 30 days from its receipt, it lapses to into law.

Question 27

When shall the electoral tribunals and the commission on appointments be constituted?

Answer 27

The Electoral Tribunals and the Commission on Appointments shall be constituted withi nthrity days after the Senate and the Hosue of Representative shall ahve been organized with the election of the President and the Speaker.

Question 28

What is the function ofthe Senate Electoral Tribunal and the House of Represntatives Electoral Tribunal?

Answer 28

The function of hte SET and the HREt is to be sole judge of all contests relating to the election, returns and qualifications of Senators and Congressmen, respectively.

Question 30

What is the composition of the SEt and the HRET?

Answer 30

The SET and the HRET are composed of nine (9) members:
1. Three (3) justices of whome are Justices of the Supreme COurt designated by the Chief Justice; and
2. the remaining Six (6) are Senators and Congressmen, respectively, chosen on the basis of proportional representation, from the political parties as well as the parties registered under the party-list system represented in the House of Representatives, in the case of the latter.

Question 31

What is the Commission on Appointments?

Answer 31

The Commission on APpointments is a constitutional body under the 1987 Constitution. It is an independent body separate and distinct from the Legislature, although its membership is confined to members of Congress.

The Commission on Appointments, being part of our republican system of checks and balances, shall act as a restraint against abuse of the appointing authority, to the end that the power of disapproval should be exercised to protect and enhance the public interest.

The President shall nominate and, with the consent of hte Commission on APpointments, appoint (1) the heads of the executive departments, (2) ambassadors, or other public ministers and consults, or (3) officers of the armed forces from the rank of colonel or naval captain, and (4) other officers whose appointments are vested in him in the Constitution.

Question 32

What is the composition of the Commision on Appointments?

Answer 32

There shall be a Commission on APpointments consisting of the President of the Senate, as an ex officio Chairman, 12 senators, and 12 members of the HRep, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein.

Question 33

When shall the Commission on Appointments meet?

Answer 33

The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members.

Question 34

How shall proceedings of the Commission on Appointments be conducted?

Answer 34

The Commission shall act on all appointments submitted to it within 30 session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members. The chairman of the Commission shall not vote, except in case of a tie.