Article VI 1-20 Flashcards
Who has legislative power?
Section 1:
1. Senate
2. House of Representatives
3. To the extent reserved, to the people
Composition of the Senate
Section 2:
The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
Five qualifications to run for Senate?
Section 3:
1. Natural born citizen of the Philippines
2. Must be at least 35 years of age (on the day of the election)
3. Able to read and write
4. Registered voter of the PH
5. Resident for not less than two years (immediately preceding the day of election)
Can a person running for a seat in Senate have dual allegiance?
No. You cannot have dual allegiance. Renounce all foreign citizenship.
Can a person running for a seat in Senate have dual citizenship?
Yes. The mere filing of the COC is a sign that you have chosen to be a Filipino citizen
Why do you have to be a resident for two years in order to become a Senator?
In order that you can at least be familiar with the situation of the country of which he would like to represent. Should be domiciled, i.e., intention to return.
Why are the qualifications to run very general?
See Article V, Section 1:
No literacy, property or other substantive requirement shall be imposed on the exercise of suffrage. Since one of the requirements to become a Senator is to be a registered voter, the above provision also applies.
Can Congress add new qualifications that will improve the quality of our Senators, e.g., educational requirement?
NO:
1. Principle: What has not been enumerated is deemed excluded.Expressio unius est exclusio alterius
2. Congress cannot enact a law adding qualifications added to the Constitution. Our Constitution is a rigid constitution, and mere legislation cannot change it.
What is the term of office for a Senator?
Section 4:
1. Six years;
2. Shall commence at noon on the 30th day of June;
3. Unless provided by law
4. No more than two consecutive terms; and
5. Voluntary renunciation of office is not considered
Why do Senators commence their term at the noon of the 30th of June
Same time was when the President takes his Oath of office
Five qualifications to run for HOR?
Section 6:
1. Natural born citizen of the Philippines
2. Must be at least 25 years of age (on the day of the election)
3. Able to read and write (except party-list representatives)
4. Registered voter of district he shall be elected in
5. Resident for not less than one years (immediately preceding the day of election)
Composition of the HOR
- District representatives representing legislative districts apportioned among the provinces, cities, and the Metropolitan Manila in accordance with the number of their respective inhabitants on the basis of uniform and progressive ratio
- Party-list representatives representing registered national, regional, and sectoral parties
THE NUMBER OF EACH MEMBER IS FIXED BY LAW
Why is the number of members fixed by law? Doesn’t the Constitution provide only 250?
Reapportionment of legislative districts. As of 2020, total of 305 members of the HOR. 243 district members, 62 party-list representatives
T/F. The power to create legislative districts belongs exclusively to Congress
True.
Four rules on Apportionment of Legislative Districts
- Proportional representation. Number respective to their inhabitants
- Prohibition on Gerrymandering. As far as practicable, contiguous, compact, adjacent territory.
- One province/city, one representative. Each city with at least 250,000 inhabitants shall have at least one representative.
- Reapportionment after every census. Three years following the return of every census, the Congress shall make a reapportionment of legislative districts.
Does the creation of a representative district require a plebiscite in the area directly affected?
Depends. If the seat is created directly through reapportionment, plebiscite is not required. But, if indirectly through creation of a city or province, plebiscite is required by the Local Government Code.
Three different groups and subgroups allowed to participate in the party -list system
- National parties or organizations
- Regional parties or organizations
- Sectoral parties or organizations, e.g., marginalized communities and well-defined political constituencies
Four parameters of the party-list system
- 20% allocation. Not exceed 20% of total membership of the HOR
- 2% threshold. Minimum of 2% of the total valid votes casted are qualified
- Three-seat limit.
- Proportional representation. Additional seats in proportion to their total number of votes. Number of seats available / .80 x .20 = number of available seats
Five qualifications of a District Representative
- Natural-born Filipino
- Able to read and write
- Registered voted IN THE DISTRICT IN WHICH HE SHALL BE ELECTED
- Resident of the PH not less than ONE YEAR IMMEDIATELY PRECEDING DAY OF ELEC
- At least 25 years of age ON THE DAY OF ELEC
Six qualifications of a Party-list Representative
- Natural-born Filipino
- A registered voter
- Resident of the PH not less than ONE YEAR IMMEDIATELY PRECEDING DAY OF ELEC
- At least 25 years of age ON THE DAY OF ELEC, but not more than 30 if from youth sector
- Bona fide member of the party he seeks to represent for at least 90 days
- Either must belong to the sector he seeks to represent or must have a track record for advocating for that party
Regular election day for HOR?
Second Monday of May unless provided by law
Term of office for HOR?
Three years which shall begin at June 30
T/F. A special election may be called to fill vacancy in the HOR a manner prescribed by law
True. See Art. VI , Sec 9
T/F. If special election was held, the elected HOR member will serve only for the unexpired term
True.
T/F. A member of the HOR who won a special election, no matter how short, shall be considered to have served one term for the purposes of computing the number of successive terms?
True.
Is the HOR a continuining body?
No. Unlike the Senate, the HOR is not a continuing body because membership changes after 3 years
T/F. Senators or Members of the HOR are immune from suit.
False. See Article VI, Section 11. Immunity from arrest provided:
1. Offense is not punishable by more than six years imprisonment
2. While congress is in session
T/F. Senators or Members of the HOR are immune from searches?
False. The privilege from arrest does NOT extend to immunity from arrest. See Martinez v. Morfe.
T/F, during recess, Congress is not in session
True. See Guevara v. Inocentes