Article VI 21-30 Flashcards
Congress may:
(1) conduct inquiries in aid of legislation in accordance with its duly published rules of procedure
(2) rights of persons appearing in or affected by such inquiries shall be respected
Article VI (21): Congress’s right to conduct legislative investigation
Purpose of legislative investigation?
In aid of legislation. It needs information to perform its constitutional duty of making laws
Y/N. Is it a necessary condition that there must be a bill that has been filed in the Senate or the HOR before legislative investigation can be conducted?
No
Y/N. Suppose that after the legislative investigation has concluded, but there is no bill that has been filed as a consequence of such an investigation. Will it prevent the Congress from conducting investigation in the future? Does it make it invalid?
No
Y/N. Can the Senator or the members of HOR conduct investigation even if the subject matter of the investigation is the same subject matter as that pending in Court?
Yes
T/F. Senate can have their own rules and procedures different from those of the House of Representatives.
True
Y/N. Do the rules and procedures need to be published?
Yes
Where do the rules and procedures need to be published published?
As provided by law. Official Gazette.
T/F. Suppose the publication of the rules and procedures were not made, are such rules, then, ineffective?
True. See Neri case.
T/F. It could NOT be argued that the rules and procedures of the previous dudes automatically apply to the new dudes.
True. The new Congress is independent, unless otherwise stated
What do we call those called to appear in legislative investigation?
They are called resource persons. NOT accused, defendants, respondents.
Suppose someone was invited to legislative investigation and he did NOT appear despite several summons. Can his rights be exercised?
No. He did not appear
Suppose someone was invited to legislative investigation and he did NOT appear despite several summons. Can he be incarcerated?
He cannot. No incarceration clause in Article VI (21)
T/F. In Article VI (21) there is NO need for executive officials to get prior consent from the president to attend a conference in aid of the Congress.
True. See Gloria Macapagal Arroyo case vis a vis Executive Order demanding executive officials to get prior consent to attend legislative investigation.
The one time executive officials are exempted from legislative investigation?
Invocation of valid executive privilege
One requisite for the invocation of valid executive privilege?
Valid basis. But the basis should NOT be the executive privileged information itself.It would defeat the purpose
Two things covered under executive privilege?
- Discussion between Chief Executive and his official
- Discussion on treaties considered by two or more countries BEFORE conclusion of such treaty
T/F. If the executive official would defy the invitation to legislative investigation, he will be given a summons?
True
T/F. If the executive official does not answer summons, a warrant of arrest will be issued?
True
T/F. If the executive official does not answer summons while a warrant of arrest is present, he can be detained until such time he will cooperate with the legislative investigation?
True
T/F. If a military personnel is prevented by the President from attending legislative investigation, he can be detained until such time he will cooperate?
False. See Gudani case, Ermita case. They need prior consent from the President before they can attend the inquiry.
If a person is cited in legislative contempt, for how long can he be incarcerated?
For as long as the Senate is in session. Indefinitely, without violating his right to due process.
Rationale for continuing incarceration when cited in legislative contempt?
Senate is considered as a continuing body.
Controlling provision regarding bills exclusively allowed to be filed in the HoR
Article VI Section 24
Six bills exclusively allowed to be filed in the HoR
- Appropriation bill. Bills proposing the budget of the next fiscal year
- Revenue bill. Bills releasing money from national treasury
- Tariff bill.
- Bills authorizing the increase of public debts and bonds. Pooling of funds.
- Bills of local application.
- Private bills e.g., bills of naturalization
T/F. After bills exclusive to HoR shall have been filed and even if it has not gone to the third reading, a counter bill and/or substitution may already be filed by the Senate.
True. Power of the Senate to amend, e.g., substitution by amendment
T/F. Revenue bills need to be first filed before the Commission on Audit.
True.
T/F. If the Audit fails or disapprove revenue bills, this is a ground for the claimant to file a suit against the state
True.
Y/N. When there is a compromised bill, does it have to go three readings in each house of the Congress?
No. It only has to be ratified. That will be the bill sent to the president for the president’s action.
Y/N. When there is a conflicting bill, a Bicameral Conference Committee is called to reconcile conflicting provisions of both versions of the Senate and of the House of Representatives
Yes.