01 LEGISLATIVE BRANCH Flashcards
Inherent powers of state reposed in Congress
- Police Power
- Power of Eminent Domain
- Power of Taxation
Age requirements of Senators and HRep Members
HRep Members - 25 y.o.
Senators - 35 y.o.
Residency requirement of Senator and HRep Mem
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.
The three house rules of Reps and Senators?
- Senate and HoR internal rules of procedure
- Senate and HoR rules in relations to the conduct of legislative inquiry in the senat/HoR or for committees
- 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)
What is law-making power
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
Other powers of the legislature not legislative in character
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
Standard for valid delegation of legislative powers
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)
Is subordinate legislation by admin bodies an exercise of legislative pwoers?
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)
Differences in qualifications for HoR District Rep and HoR Party-List Nominee
District : Party-list
- Natural-born Filipino Citizen: Natural-born Filipino Citizen;
- Able to read and write: Able to read and write;
- Registered voter in the district from which he or she shall be elected: Registered voter
- Resident of that district for at least one year immediately preceding the election: Rsident of the Philippines for 1 year immediately preceding elections;
- N/A : Bona-fide member of the organization which he seeks to represent for at least 90 days preceding the day of the election;
- 25 y.o. : 25 y.o.
- N/A : must have given his written consent to be a nominee
Legislative apportionment vs. reapportionment
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.
Is a plebiscite necessary for apportionment and reapportionment?
No plebiscite is required under the apportionment or reapportionment provision.
How is apportionment made?
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.
What is the purpose and objective of the party-list system?
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.
Will the disqualification of a party-list nominee result in the disqualfication of the party-list?
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.
What are the privileges, inhibitions, and disqualifications of a Senator or a member of the HRep?
- 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;
- 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.
- 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.
- 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.
- 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.
- 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.
What does “Speech or debate” in Congress mean?
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]
How is the Senate and the HRep organized?
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.
What constitutes the quorum in the Congress?
A majority of each Hosue shall constitute a quorum to do business.
Congressional sessions
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.
May the existence of a quorum be the subject of judicial review?
Yes, the quorum is a constitutional requirement. Hence, its existence may be the subject of judicial review.
The 3 rules of HRep and Senate
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)
Outline of the legislative process
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)
May the conference committee introduce new provisions not provided in the three readings?
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.
What is the GR and XPN to the legislative process rule?
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
