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.
T/F. In the bicameral conference committee, new provisions can be introduced.
True. the BCC is not only for amendments, but also for supplementing.
Who can introduce new provisions in the bicameral conference committee?
Any house of the Congress
A bill that has been approved by the Senate and by the HoR because they have been approved in the third reading, separately, and be put before the president, it is called what?
Doctrine of presentment
T/F. When the president submits a proposed budget for the next fiscal year, it not only the allocation of funds but also the way of getting revenue.
True
What can be done if the proposed budget is short?
If short, debt can be asked before an international organization to support the expenditure program.
T/F. The Congress may INCREASE the appropriations recommended by the President for the operation of the Government as specified in the budget.
False. Article VI (25) [1]
T/F. The Congress may DECREASE the appropriations recommended by the President for the operation of the Government as specified in the budget.
True.
Exception to when Congress may decrease appropriation bills?
It cannot reduce the budget/appropriation for those offices enjoying fiscal autonomy. At least, not lower than the budget of such offices in the previous years.
An example of a fiscal autonomous body
SC
Suppose that the SC enjoying fiscal autonomy granted to it by the Constitution had an appropriation of P30 billion in 2021. The President proposes a budget for the SC of P34 billion pesos.
YES but not lower than 30 billion.
T/F. The President can veto certain items in a bill presented to him for approval.
False. He can either approve or veto it in toto. If allowed, the president in a way has already stepped into the shoes of the legislature and select provisions he likes. He will be contradicting the will of the legislature.
When can the President veto certain items of a bill?
If it is a bill proposing budget, e.g., appropriation and revenue bills.
Sub rosa provisions
Secret provisions
Suppose that, the general appropriation is already spent, e.g., we used up all the funds for calamity funds but the calamity still continues. What can be done is for the Congress to pass a what?
Special appropriation bill.
T/F. A special appropriation bill is for the release of money for purposes to which it is intended. Funds actually available only.
True. Article VI (25) [4]
Y/N. Special appropriation bills need certification from the national treasury saying that the funds for the bill is available.
Yes
Y/N. If there are no available funds, that same appropriation bill should come up with a proposal on how such funds should be raised.
Yes.
Suppose that there was a GAA (general appropriation act) for 2022, and there is excess. Can Congress transfer such funds from the legislature to, say, the executive or the judiciary. Is this allowed?
NO. It will undermine the independence of these different bodies. This is called the cross-border transfer. See Article VI (25) [5].
Suppose that there was a GAA (general appropriation act) for 2022, and there is excess. Can the executive transfer funds between and among its own agencies?
Yes, to the extent such funds are within its own savings
Can a department, under its own discretion, use funds for public purpose or public use?
Yes. Discretionary funds. See Article VI (25) [6].
Two requisites of discretionary funds
- Only for public purposes
- Must be supported by vouches and subject to such guidelines as may be prescribed by law. Liquidated through the presentation of receipts.
In the advent it will become the next year already WITHOUT any GAA, what will be used?
Last year’s appropriation will be AUTOMATICALLY used but ONLY until such time Congress passes a new GAA. See Article VI (25) [7].
Four Constitutional limitations to appropriation bills.
- Appropriation or money shall be spent only for public use.
- The amount in the appropriation be determinate or determinable. I.e., set amount or the maximum amount will be indicated and not the minimum amount.
- Cannot appropriate the funds to churches, etc.
- Tax exemptions must be approved by ALL members of the Congress.
Suppose funds were appropriated to improve private roads belonging to a private subdivision which will be later on donated to the government. Is this constitutional?
NOT CONSTITUTIONAL. Public use AT THE TIME of the appropriation.
Suppose funds were appropriated and the limit is “a minimum of 1 million.” Is this constitutional?
NOT CONSTITUTIONAL. Should say maximum, not minimum
T/F. A bill that is filed before the Senate or the HoR must contain only one subject matter. Which shall be expressed in the title of the bill itself.
True. See Article VI (26) [1]
Three purpose of Article VI (26)
- Inform, apprise the public
- Prevent hotspot legislation
- Prevent fraud
What are the four procedures in enacting a bill?
- First reading
- Second reading
- Third reading
- Doctrine of presentation
What happens in the first reading?
The reading of the bill number and the title of the bill. The same will be forwarded, transmitted to the appropriate committee.
What happens in the second reading?
Will be presented to the plenary and the provisions of the bill will be read in its entirety. Will be debated upon, deliberation on the bill. Once that is done, and there are amendments to the provisions of the bill.
What happens in the third reading?
- Before the third reading, printed copies of the final version of the bill must be distributed to all members at least three days before the reading.
- Once approved here, there is no more amendment in the third reading, what happens is voting only. Such bill will go to the other house.
What happens during the so-called doctrine of presentment
The president have to act on the bill within 30 days. His approval or inaction til the 30 days expires would mean the bill becomes a law.
Y/N. Can the president certify a bill as urgent?
Yes. Usually to meet a public calamity or urgency.
T/F. The requirement for a copy of the law to be presented at least three days prior to the third reading can be dispensed with should there be a certificate of urgency.
True.
T/F. Required number of votes in the third reading are majority only those who are present.
True.
T/F. Required number of votes in the third reading are majority only those who are present, EVEN during tax exemptions?
False.
Three ways a bill becomes a law during the doctrine of presentment
- President signs within 30 days of RECEIPT
- When the president did not sign WITHIN 30 days of RECEIPT of the bill
- The Congress can insist the objection of the president so long as they vote 2/3rd of ALL of the members of the house of Congress the bill originated in.
See Article VI (27) [1]
T/F. PRESIDENT CAN ONLY VETO IN TOTO UNLESS IT IS AN APPROPRIATION, REVENUE, OR TARIFF.
True. See Article VI (27) [2]
T/F. The National Treasury may only issue money pursuant to an appropriation MADE BY LAW.
True. Article VI (29) [1]
T/F. No public money or property shall be APPROPRIATED, APPLIED, PAID, or EMPLOYED either DIRECTLY or INDIRECTLY, for the USE, BENEFIT, or SUPPORT of any SECT, CHURCH, DENOMINATION, SECTARIAN, or SYSTEM of RELIGION.
True. Article VI (29) [2]
What are special appropriation funds? And how are they different from special appropriation bills?
Tax levied for a special purpose which shall be treated as a special fund and that special fund shall only be used for the purpose of the tax levied. E.g., tax levied for sugar will only be applicable to the sugar industry and NOT the coconut industry.
Can the legislature increase the appellate jurisdiction of the SC?
Nope. See Article VI (30)
Can the legislature grant a law granting title of nobility or royalty?
Nope. See Article VI (31)
Is Article VI (32) related to people’s initiative?
Nope. It talks about the people’s power to make laws, locally or nationally.
T/F. Those agencies validly delegated supplementary legislative power can make contingency and supplementary regulations BUT would require prior approval from the legislature
False. This is a legislative veto. Violative of the doctrine of separation of powers.
When are legislative vetoes allowed?
Budgetary hearings
T/F. The Congress has nothing to do anymore on how laws are being implemented.
True. Congress CANNOT seek any power to demand for the prior submission of contigency or supplemetary regulations before subordinate legislation can be effective.This is now a power exclusive to the non-legislative branches of the government, particularly the executive.
