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
T/F. 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
True. See Article VI, Section 11. Only if Congress is in session.
T/F. The speech and debate clause extends to a disciplinary proceeding under the ROC such as disbarment proceedings
True. See Pobre v. Defensor-Santiago
T/F. A penalty of suspension may exceed sixty days
False. May NOT exceed sixty days. See Article VI Section 16
T/F. An indefinite suspension does NOT create a vacancy
False. It is tantamount to removal
T/F. Only the Congress can discipline each House
False. The Sandiganbayan can preventively suspend a member pursuant to Republic Act 3019
Any other non-congressional office or employment in the government or any subdivision, agency, or instrumentality thereof, including GOCC or their subsidiaries
Incompatible office. See Section 13
Effect of incompatible office?
No Senator or Member of the HOR may hold an incompatible office during his term without forfeiting his seat. Acceptance will automatically mean forfeiture.
T/F. If it is a private corporation, the legislator is allowed to hold his position as officer thereof concurrently while he serves as a legislator
True.
Three exceptions provided by the Constitution for governmental positions allowed to be seated concurrently with HOR and Senate members
- Members of the Electoral Tribunal, see Section 17
- Members of the Commission on Appointments under Section 18
- Ex officio member of the JBC, as Section 8, Article VIII
Ay office, civil or military which may have been created or the emoluments thereof have been increased during the term for which the member of Congress was elected.
Forbidden office
Effect of forbidden office.
If a congressman resigns from Congress and accepts a forbidden office during his term, he will still be disqualified from holding such forbidden office.
T/F. A senator or Member of the HOR may personally appear as counsel before any court of justice or before the ET or quasi-judicial and other administrative bodies.
False. CANNOT appear. See Section 14
No Senator or Member of the HOR shall directly or indirectly be interested financially in these two things:
See Section 14:
1. Any contract with
2. In any franchise or special privileged granted by the Government during his term of office
T/F. A senator or member of the HOR may intervene in any matte before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.
False. See Section 13
T/F. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the Members of the Congress during his term
True. See Section 16
T/F. The salaries of Senators and Members of the HOR will be defined by law.
True. See Section 10
T/F. The salary may only take place until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase
True.
The term of office of the Members of Congress shall commence unless otherwise provided by law at the noon on June 30 next following their elections
Regular session
Session called at the time Congress is in recess
Special session
Six instances when special sessions may be held:
- When the President calls for a special session at any time
- When both Houses agree to consider legislative matters or concerns
- To convene in joint session and canvass the votes for President and Vice President not later than 30 days after the day of elections
- To convene at 10 am on the third day following the vacancy in the office of P or VP
- To convene within 48 hours and determine the inability of the P to discharge the powers and duties of his office
- Convene in joint session within 24 hours following the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus to determine the validity of such proclamation
Sessions open to the public and from time to time each House shall publish the Journal
Executive Session
Five instances when Congress votes separately in joint sessions
- Declare the existence of state of war
- Breaking a tie while acting as the board of canvassers
- Whenever there is vacancy in the VP office
- Decide the inability of the P to discharge the powers and duties of his office
- Proposal to amend or revise the Constitution by 3/4 votes
One instance Congress votes jointly in joint sessions
- Revokes or extends the proclamation of martial law or the suspension of the privilege of the writ of habeas corpust
THAT NUMBER IF MEMBERS OF A BODY WHICH, WHEN LEGALLY ASSEMBLED IN THEIR PROPER PLACES, WILL ENABLE THE BODY TO TRANSACT ITS PROPER BUSINESS OR THAT NUMBER WHICH MAKES A LAWFUL BODY AND GIVES IT THE POWER TO PASS UPON A LAW OR DO ANY VALID ACT
Quorum. Majority constitutes quorum. See Section 16
Each house shall keep a __________ of its proceedings, and from time to tie publish the same, excepting such parts as may, in its judgment, affect national security; and the years and nays on any question shall at the request of one-fifth of the Members present be entered in the _____________
Journal
Official record of the acts of the legislative body. It should be a true record of the proceedings arranged in chronological order.
Journal
Two-fold purpose of the Journal
- Ensure publicity of proceedings of the legislature
- Provide proof of what actually transpired in the legislature
Matter required to be entered in the Journal
- Yeas or nays on any question
- Yeas and nays on the approval of a bill upon its third reading
- Objection at large of the President
- Votes cast by members in their reconsideration of a bill vetoed by P
- Vote of each Members of the HOR regarding articles of impeachment
Composition of SET and HRET
Nine members:
1. Three SC Justice to be designated by Chief Justice
2. Six members of the senate or HOR, chosen on the basis of proportional representation form the political parties and the parties or organizations registered under the party-list system
T/F. The senior justice in the ET shall be its Chairman
True. See Section 17
T/F. The ET shall be constituted within 20 days after the Senate and the HOR shall have been organized with the election of the P and the Speaker
False. 30 days. See Section 19
T/F. The Constitution expressly grants to the house of Representatives the prerogative to choose from among its district and party-list representatives those who may be allotted in the HRET and the CA
True. But not the case for the Senate or the SET. See Pimentel v. HRET.
T/F. ET is the sole judge of congressional election, returns, and qualifications contests
True.
T/F. ET is entitled to security of tenure. Membership in the ET may not be terminated except for just cause
True. May not be expelled for “party disloyalty”
T/F. ET are bodies separate from and independent from the legislature and are not under the control and supervision of Congress.
True.
T/F. Once considered a Member of Congress, COMELEC’s jurisdiction over a former candidate is already lost and this its jurisdiction over contests relating to elections, returns, and qualifications ends, and the ET’s jurisdiction begins.
True.
T/F. The electoral tribunals can convene and do its functions even while Congress is in recess.
True.
Are the decisions of the electoral tribunals appealable to the SC?
NO. Not subject to judicial review. No appealable.
Exception to non-appealability of decisions of electoral tribunals?
HOWEVER, decisions of the electoral tribunals can reach the SC provided there is clear showing that the decision is tainted with grave abuse of discretion.Petition for certiorari.
Why does the ET have a judicial component?
They are the “sole judge” they have to make a decision to contests filed before it.
T/F. ET can make their own rules and procedures
True. See Angara v. Electoral Commission
Three requisites when the ET can assume jurisdiction over electoral contests
- The candidate/protestant/respondent has been duly proclaimed already by the COMELEC
- Such senator has already taken his Oath of Office.
- Assumed office.
Composition of the Commission on Appointments
- Senate President as ex officio Chairman
- 12 Senators elected by the Senate on the basis of proportional representation
- 12 HOR members elected by HOR on the basis of proportional representation and parties registered under the party-list system.
When will the CA be cosntituted?
Within 30 days after the Senate and the HOR shall have been organized
Jurisdiction of the CA
President appointments:
1. Heads of Executive Departments
2. Ambassadors, or other public ministers, and consuls
3. Officers of the Armed Forced from rank of Colonel or Naval Camptain
4. Regular members of the JBC
5. Chairman and Commissioners of the CSC
6. Chairman and Commissioner of the COMELEC
7. Chairman and Commission of the COA
8. Members of the Regional and Consultative Commissions
