ARTICLE VI - LEGISLATIVE DEPARTMENT Flashcards
1
Q
T or F
The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
A
True. Section 1 Article 6
2
Q
What is legislative power?
A
The legislative power has been described generally as the power to make, alter, and repeal laws. The authority to amend, change, or modify a law is thus part of such legislative power.
3
Q
T or F
The power to make laws legislative power is vested in Congress. Congress may not escape its duties and responsibilities by delegating that power to any other
body or authority.
A
True.
4
Q
Potesta non potest delegari means?
A
Delegated power cannot be delegated.
5
Q
Aside from the Congress, who may make/repeal laws?
A
The Filipino people by the provision on initiative and referendum.
6
Q
What is original legislative power?
A
Original legislative power is possessed by the sovereign people (Garcia vs Comelec)
7
Q
What is derivative legislative power?
A
Derivative Legislative Power has been delegated by the sovereign people to such legislative bodies such as Congress.
Considering that Derivative Legislative Power is merely delegated by the sovereign people to its elected representatives, it is deemed subordinate to the original power of the people.
8
Q
T or F
A valid exercise of legislative powers require the act of both chambers (Senate and HoR).
A
True.
9
Q
T or F
What has once been delegated by Congress can no longer be further delegated or redelegated by the
original delegated to another.
A
True
10
Q
What can and cannot be delegated in relation to legislative powers?
A
What CANNOT be delegated are SUBSTANTIVE CONTENTS OF THE LAW
What CAN be delegated is the DISCRETION TO DETERMINE HOW THE LAW SHALL BE ENFORCED.
11
Q
What is purely legislative power?
A
Purely legislative power, which can never be delegated, has been described as the AUTHORITY TO MAKE A COMPLETE LAW- complete as to the time when it shall take effect and as to whom it shall be
applicable- and to determine the expediency of its
enactment
Thus, the rule is that in order that a court may be justified in holding a statute unconstitutional as a delegation of legislative power, it must appear that
the power involved is purely legislative in nature- that is, one appertaining exclusively to the legislative department.
12
Q
T or F
Licensing powers are known to have been delegated by legislative power to specialized administrative agencies.
A
True.
13
Q
T or F
(Local) governments may be allowed to legislate on purely local matters.
A
True.
14
Q
T or F
LGU’s are able to legislate only by virtue of a valid delegation of legislative power from the national legislature; they are mere agents vested with what is
called the power of subordinate legislation.
A
True.
15
Q
T or F
In the face of the increasing complexity of modern life, delegation of legislative power to various specialized administrative agencies is allowed.
A
True.
16
Q
When is a delegation valid?
A
It is valid only if the law:
a) Is complete in itself, setting forth therein the policy to be executed, carried out, or
implemented by the delegate; and
b) Fixes a standard- the limits of which are
sufficiently determinate and determinable- to which the delegate must conform in the
performance of his functions.
17
Q
What are the valid tests of delegation?
A
The completeness test and the sufficient
standard test.
Completeness test
Under the first test, the law must be complete in all its terms and conditions when it leaves the legislature such that when it reaches the delegate, the only thing he will have to do is to enforce it.
Sufficient Standard Test
To be sufficient, the standard must specify the limits of the delegate’s authority, announce the legislative policy and identify the conditions under which it is to
be implemented. A sufficient standard is one which defines legislative
policy, marks its limits, maps out its boundaries and specifies the public agency to apply it. It indicates the circumstances under the legislative command is to be effected.
18
Q
What are the limitations on legislative power?
A
1.) Substantive Limitations
a.) Express
b.) Implied
i. Prohibition against delegation of
legislative power
ii. Prohibition against pass
- Procedural Limitations
a.) Sec. 26, Art. VI [one title-one subject rule]
b.) Sec 27, Art. VI [three readings and veto
power]
19
Q
What is Quasi-legislative power?
A
Quasi-legislative power, otherwise known as the
power of subordinate legislation, has been defined as
the authority delegated by the lawmaking body to the
administrative body to adopt rules and regulations
intended to carry out the provisions of law and
implement legislative policy.
20
Q
T or F
It is the peculiar power of the legislature to prescribe specific rules for the government of society.
A
False
It is the peculiar power of the legislature to prescribe GENERAL rules for the government of society.
21
Q
T or F
The Constitution, as the will of the people in their original, sovereign and unlimited capacity, has vested this power in Congress of the Philippines. The grant of legislative power to Congress is broad, general, and comprehensive.
A
True. Memorize
22
Q
T or F
The legislative body possesses plenary power for all purposes of civil government.
A
True. (Ople vs Torres)
23
Q
T or F
Congress may not escape its duties and responsibilities by delegating that power to any other body or authority.
A
True.
24
Q
T or F
Any attempt to ABDICATE the power is unconstitutional and void, on the principle that delegata potestas non potest delegari - delegated power may not be delegated.
A
True. (Acosta vs Ochoa)
25
What comprises the bicameral Congress?
1. House of Representative (Lower House)
| 2. Senate (Upper House)
26
T or F
The legislative power can be exercised solely by either one of the two chambers or a committee of either or both chambers.
FALSE.
The legislative power can be exercised NEITHER SOLELY by one of the two chambers NOR a committee of either or both chambers.
THERE MUST BE AN INTERPLAY BETWEEN THE TWO HOUSES OF CONGRESS.
27
T or F
Considering that derivative legislative power is merely delegated by the sovereign people to its elected representatives, it is deemed subordinate to the original power of the people.
True. (Marmeto vs Comelec)
28
What are the express substantive limitations on legislative power?
1. Bill of Rights (Art III) - non impairment of the bill of rights
2. Sec 25 and 28 of Art VI on limitations on appropriations and taxation
3. Sec 4(3) Art 14 on non-taxability and non-dutiable non stock non profit educational institutions
4. Sec 29 of Art 6 on Public Funds
5. Sec 31, Art 6 on prohibition on granting of Titles of Royalty
6. Sec 32 of Art 6 on initiative and referendum
29
What are the implied substantive limitations on legislative power?
1. Prohibition against delegation of legislative power
| 2. Prohibition against passage of irrepealable laws.
30
T or F
The rationale for the constitutional proscription is that legislative discretion as to the substantive contents of the law cannot be delegated.
True.
31
What can be delegated by Congress?
What can be delegated by Congress is the DISCRETION TO DETERMINE HOW THE LAW MAY BE ENFORCED, AND NOT WHAT THE LAW SHALL BE.
32
What are the exceptions to the non-delegation of legislative power?
1. Delegation of tariff powers to the President under Section 28 (2) of Article 6 of the Constitution
2. Delegation of emergency powers to the President under Section 23 (2) of Article VI of the Constitution
3. Delegation to the people at large (initiative and referendum)
4. Delegation to local government
5. Delegation to administrative bodies.
6. Licensing power
7. License to possess firearms (Acosta vs Ochoa)
8. Delegation to the President the duty to declare highly urbanized status under Sec 453 of the LGC.
33
```
The President may set a limit on the country's import quota in the exercise of his:
A. delegated power
B. concurring power
C. residual power
D. inherent power
```
A. delegated power.
34
T or F
The delegation to the LGUs of the power to create, divide, merge or abolish or substantially alter boundaries has become a recognized exception to the doctrine of delegation of legislative powers.
False.
The delegation to the LGUs of the power to create, divide, merge or abolish or substantially alter boundaries has become a recognized exception to the doctrine of NON - delegation of legislative powers.
35
T or F
In the face of the increasing complexity of modern life, delegation of legislative power to various specialized administrative agencies is allowed as an exception to the principle of non-delegation of legislative power.
True.
36
T or F
The rule-making power of a public administrative body is a delegated legislative power (such as Implementing Rules and Regulations) which it may not use either to abridge the authority given it by Congress or the Constitution or to enlarge its power beyond the scope intended.
True.
37
T or F
| Passage of irrepealable laws are prohibited.
True
38
T or F
Irrepealable laws deprive succeeding legislature of the fundamental best senses carte blanche in crafting laws appropriate to the operative millieu.
True.
39
T or F
Perpetual infallibility is one of the attributes desired in a legislative body, and a legislature which attempts to forestall future amendments or repeals of its enactments labors under delusions of omniscience.
FALSE.
Perpetual infallibility is NOT one of the attributes desired in a legislative body, and a legislature which attempts to forestall future amendments or repeals of its enactments labors under delusions of omniscience.
40
What are the non-legislative functions of the Congress?
1. The power of appropriation
2. The declaration of an existence of a state of war
3. Canvassing of electoral returns for the President and Vice-President and impeachment.
41
How many senators are there?
24 senators.
42
T or F
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.
True. Sec 2 Art 6
43
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.
What does "at large" mean?
It means that senatorial candidates submit themselves to a vote of the entire national electorate.
44
What are the qualifications of a senator?
1. Natural-born citizen
2. At least 35 years old ON THE DAY OF THE ELECTION
3. Able to read and write
4. A registered voter
5. Resident of the Philippines for at least 2 years immediately preceding the day of the election.
45
One of the qualifications of being a senator is he/she being a resident of the Philippines for at least 2 years immediately preceding the day of the election. What does resident/residence refer to?
When it comes to the qualifications for running for public office, residence is synonymous with domicile
The term 'residence' as so used, is synonymous with 'domicile' which imports not only intention to reside in a fixed place, but also personal presence in that place, coupled with conduct indicative of such intention.
The term "residence" is to be understood not in its common acceptation as referring to "dwelling" or "habitation," but rather to "domicile" or legal residence.
Residence not equal dwelling
Residence not equal habitation
Residence = domicile
Residence = legal residence
46
What is domicile?
"The place where a party actually or constructively has his permanent home, where he, no matter where he may be found at any given time, eventually intends to return and remain (animus manendi)."
47
What is domicile of origin?
A domicile of origin is acquired by every person at birth.
It is usually the place where the child's parents reside and continues until the same is abandoned by acquisition of new domicile (domicile of choice).
48
What are the requisites of a new domicile?
1. Residence or bodily presence in a new locality;
2. an intention to remain there [animus manendi]; and
3. an intention to abandon the old domicile [animus non revertendi].
In other words, there must basically be animus manendi
(intention to remain) coupled with animus non revertendi (intention not to return).
animus manendi + animus non revertendi = new domicile
49
Discuss the term of office of elected senators.
Term of Office: 6 years, commencing at noon on the 30th day of June next following their election
Term Limits: only up to 2 consecutive terms. However,
Senators may serve for more than 2 terms provided that the terms are not consecutive.
50
T or F
Voluntary renunciation of the office for
any length of time shall be considered as an interruption in the continuity of his service for the full term of which he was elected.
False.
Voluntary renunciation of the office for
any length of time shall NOT BE CONSIDERED as an interruption in the continuity of his service for the full term of which he was elected.
51
Explain the election of the first senators under the 1987 Constitution.
It must be remembered that the 24 Senators first elected under the 1987 Constitution on May 2, 1987 served only for five years ending on June 30, 1992.
24 Senators -----> June 30, 1992
Of the senators elected in 1992, the first 12 obtaining the highest number of votes served for the full term of six years expiring in 1998, and the last 12 served only three years and ended in 1995.
After which, the 12 Senators elected in 1995 shall serve the full term of six years or until year 2001.
52
What is a term?
The term means the time during the officer may claim to hold office as of right, and fixes the interval after which the several incumbents shall succeed one another.
53
What is tenure?
The tenure represents the term during which the incumbent actually holds the office. The term of office is not affected by the hold-over. The tenure may be shorter than the term for reasons within or beyond the power of the incumbent.
54
Does the limitation on number of elections mean that a
| Senator who has served two consecutive terms must wait for 6 years before he can run again for the Senate?
A Senator can run again 3 years after the expiration of his second term. [Bernas]
55
What are the qualifications of a congressman who runs for district representative??
Qualifications
1. natural-born citizen of the Philippines
2. on the day of the election, is at least twenty-five (25) years of age,
3. able to read and write
4. A registered voter in the district in which he shall be elected, and
5. a resident thereof for a period of not less than 1 year
immediately preceding the day of the election.
56
What are the qualifications of a party-list nominees?
Qualifications
1. natural-born citizen of the Philippines
2. on the day of the election, is at least twenty-five (25) years of age,
3. able to read and write
4. A registered voter and a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days
preceding the day of the election
5. a resident thereof for a period of not less than 1 year
immediately preceding the day of the election.
57
T or F
| What is voted for are the party-list nominees, not the party-list itself.
False. What is voted for are the party-list , not the party-list nominees.
58
Explain the qualifications of a youth sector nominee.
In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election.
Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.
59
Explain the term of office for members of the House of Representatives.
Term of office: 3 years
No Member of the House of Representatives shall serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
60
Explain the composition of the House of Representatives.
The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.
61
How many members of the HoR are there currently?
Currently 307 Members. Includes 7 Deceased, 1
| Dropped.
62
What is the composition of HoR?
The House of Representatives shall be composed of
a. district representatives and
b. party-list representatives.
63
T or F
From the Constitution's point of view, it is the partylist representatives who are "elected" into office, not their
parties or organizations.
True.
64
T or F
Both the district representatives and the party-list
representatives are treated in like manner.
They have the same deliberative rights, salaries, and emoluments. They can participate in the making of laws that will directly benefit their legislative districts or sectors.
They are also subject to the same term limitation of three years for a maximum of three consecutive terms.
True.
65
T or F
| Before the party-list system, there were sectoral representatives.
True.
66
Explain the sectoral representatives.
For THREE CONSECUTIVE TERMS AFTER THE RATIFICATION OF THE CONSTITUTION, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.
Under Section 7, Article XVIII of the Constitution, the
appointment of sectoral representatives is vested upon the President until otherwise provided by law, as follows:
SEC. 7. Until a law is passed, the President may fill by
appointment from a list of nominees by the respective sectors the seats reserved for sectoral representation in paragraph (1), 5 of Article VI of this Constitution.
67
T or F
| The initial total membership was arrived at taking into consideration a national population of 55 million.
True.
68
T or F
| The Constitution allows the legislature to modify the number of the members of the House of Representatives.
True.
69
T or F
Under the present Constitution, as well as in past Constitutions, the power to increase the allowable membership in the House of Representatives, and to reapportion legislative districts, is vested exclusively in Congress.
True. [Sema V. COMELEC, July 16, 2008]
70
How can the number of representatives be increased?
This can be done through REAPPORTIONMENT resulting in the CREATION OF NEW DISTRICTS or through the CREATION OF NEW PROVINCE (since each province is entitled to at least one district), or through the CREATION OF CITIES meriting one legislative district under Section 5(3).
The Legislature has the option to choose whether the increase in the number of members of the House of Representatives is done by piecemeal legislation or by enactment of a law authorizing a general increase.
71
T or F
| The principle of proportional representation applies only to legislative districts, not to the party-list system.
True.
72
T or F
The allocation of seats under the party-list system is governed by the last phrase of Section 5(1), which states that the party list representatives shall be "those who, as provided by law," giving the Legislature wide discretion in formulating the allocation of party-list seats.
True.
73
T or F
The House of Representatives shall be composed of
not more than two hundred fifty members unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio.
True.
74
T or F
Within four years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.
False
Within THREE years following the return of every
census, the Congress shall make a reapportionment of
legislative districts based on the standards provided in this section.
75
What is legislative apportionment?
Legislative apportionment is defined by Black's Law Dictionary as the determination of the number of representatives which a State, county or other subdivision may send 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.
76
What is the basis for districting?
The basis for districting shall be the number of the
inhabitants of a city or a province and not the number of
registered voters therein.
77
What is the aim of legislative apportionment?
The aim of legislative apportionment is
• "to equalize population and voting power among
districts." Hence, emphasis is given to
• the number of people represented;
• the uniform and progressive ratio to be observed
among the representative districts; and
• accessibility and commonality of interests in terms
of each district being, as far as practicable, continuous, compact and adjacent territory.
78
What is reapportionment?
Reapportionment, on the other hand, is the realignment or change in legislative districts brought about by changes in population and mandated by the constitutional requirement of equality of representation.
79
What is the rationale behind reapportionment?
The rationale behind reapportionment is the constitutional requirement to achieve equality of representation among the districts.
80
T or F
| A province can be created without a legislative district
False.
A province cannot be created without a legislative district because it will violate Section 5(3), Article VI of the Constitution as well as Section 3 of the Ordinance appended to Constitution.
81
T or F
| A city with a population of 250,000 or more can be created without a legislative district.
False.
| A city with a population of 250,000 or more cannot also be created without a legislative district.
82
T or F
| The power to create a province or city inherently involves the power to create a legislative district.
True.
83
T or F
| Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory.
True.
84
What is gerrymandering?
Gerrymandering means the creation of representative
districts out of separate points of territory in order to favor a candidate.
A name given to the process of dividing a state or other
territory into the authorized civil or political divisions, but with such a geographical arrangement as to accomplish an ulterior or unlawful purpose, as, for instance, to secure a majority for a given political party in districts where the result would be otherwise if they were divided according to obvious natural lines.
85
The rule in Article V1, Section 5 (3) of the Constitution that "Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory" is a prohibition against:
a) re-apportionment;
b) commandeering of votes;
c) gerrymandering;
d) re-districting.
c) gerrymandering
86
T or F
Each city with a population of at least two hundred fifty
thousand (250,000), or each province, shall have at least one representative.
True.
87
T or F
The Constitution requires a 250,000 minimum population only for a city to be entitled to a representative, but not so for a province.
True.
88
What is a party list system?
The House of Representatives shall be composed of those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.
Republic Act No. 7941 or the Party-List System Act is the law that implements the party list system prescribed in the Constitution.
The party-list system is a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the Commission on Elections
The party-list system is intended to democratize political power by giving political parties that cannot win in legislative district elections a chance to win seats in the House of Representatives
89
RA 7941 is known as?
Party-List System Act
90
The Party-List System Act is enshrined in what RA?
RA 7941
91
```
T or F
Section 5(1), Article VI of the Constitution is crystal-clear that there shall be "a party-list system of registered national, regional, and sectoral parties or organizations."
```
The commas after the words "national," and "regional," separate national and regional parties from sectoral parties.
True.
92
T or F
Had the framers of the 1987 Constitution intended national and regional parties to be at the same time sectoral, they would have stated "national and regional sectoral parties."
They did not, precisely because it was never their intention to make the party list system exclusively sectoral.
True.
93
What are the 3 different groups under the party list system?
3 different groups under the party-list system
(1) national parties or organizations;
(2) regional parties or organizations; and
(3) sectoral parties or organizations.
94
T or F
| National and regional parties or organizations are different from sectoral parties or organizations.
True.
95
T or F
National and regional parties or organizations need not be organized along sectoral lines and need not represent any particular sector.
True.
96
Differentiate national and regional parties.
It is a national party when its constituency is spread over the geographical territory of at least a majority of the regions.
It is a regional party when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region.
97
T or F
The national or regional parties under the party-list system are necessarily those that belong to major political parties.
False
The national or regional parties under the party-list system are necessarily those that DO NOT belong to major political parties.
98
T or F
R.A. No. 7941 requires national and regional parties or organizations to represent the "marginalized and underrepresented" sectors.
False
R.A. No. 7941 DOES NOT require national and regional parties or organizations to represent the "marginalized and underrepresented" sectors.
It is sufficient that the political party consists of citizens who advocate the same ideology or platform, or the same governance principles and policies, regardless of their economic status as citizens.
99
What is a sectoral party?
A sectoral party refers to an organized group of citizens belonging to any of the sectors enumerated in Section 5 hereof whose principal advocacy pertains to the special interest and concerns of their sector.
100
Are major political parties allowed to participate in party list elections?
Yes, but major political parties should participate in
party-list elections only through their sectoral wings.
The 1987 Constitution and R.A. No. 7941 allow major political parties to participate in party-list elections so as to encourage them to work assiduously in extending their constituencies to the "marginalized and underrepresented" and to those who "lack well-defined political constituencies."
101
T or F
To participate in party-list elections, a major political party that fields candidates in the legislative district elections must organize a sectoral wing, like a labor, peasant, fisherfolk, urban poor, professional, women or youth wing, that can register under the party-list system.
True.
102
T or F
Sectoral wing of a major political party must have its own constitution, by-laws, platform or program of government, officers and members, a majority of whom must belong to the sector represented.
True.
103
T or F
| The sectoral wing is in itself a dependent sectoral party, and is linked to a major political party through a coalition.
False.
The sectoral wing is in itself an INDEPENDENT sectoral party, and is linked to a major political party through a coalition.
104
Elaborate on the 6 parameters under Atong Paglaum.
1. Three different groups may participate in the party-list
system:
(1) national parties or organizations,
(2) regional parties or organizations, and
(3) sectoral parties or organizations.
2. National parties or organizations and regional parties or organizations do not need to organize along sectoral lines and do not need to represent any "marginalized and underrepresented" sector.
3. Political parties can participate in party-list elections
provided they register under the party-list system and do not field candidates in legislative district elections. A political party, whether major or not, that fields candidates in legislative district elections can participate in party-list elections only through its sectoral wing that can separately register under the party-list system.
The sectoral wing is by itself an independent sectoral party, and is linked to a political party through a coalition.
4. Sectoral parties or organizations may either be "marginalized and underrepresented" or lacking in "well defined political constituencies." It is enough that their principal advocacy pertains to the special interest and concerns of their sector. The sectors that are "marginalized and underrepresented" include labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, handicapped, veterans, and overseas workers. The sectors that lack "well-defined political constituencies" include professionals, the
elderly, women, and the youth.
5. A majority of the members of sectoral parties or
organizations that represent the "marginalized and
underrepresented" must belong to the "marginalized and underrepresented" sector they represent.
Similarly, a majority of the members of sectoral parties or
organizations that lack "well-defined political constituencies" must belong to the sector they represent.
The nominees of sectoral parties or organizations that represent the "marginalized and underrepresented," or that represent those who lack "well defined political constituencies," either must belong to their respective sectors, or must have a track record of advocacy for their respective sectors. The nominees of national and regional parties or organizations must be bona-fide members of such parties or organizations. Stated otherwise, the nominee of a party-list groups may either be:
1. one who actually belongs to the sector which the party-list group represents, in which case the track record requirement does not apply;
2. one who does not actually belong to the sector which the party-list group represents but has a track record showing
the nominee's active participation in activities aimed at uplifting the cause of the sector which the group represents.
6. National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, provided that they have at least one (1) nominee who remains qualified.
105
T or F
The party-list representatives shall constitute thirty per centum (30%) of the total number of representatives including those under the party list.
False.
The party-list representatives shall constitute twenty per centum (20%) of the total number of representatives including those under the party list.
This ratio automatically applies whenever the number of
district representatives is increased by law.
106
T or F
| The 20% ratio automatically applies whenever the number of district representatives is increased by law.
True. (BANAT vs COMELEC)
107
What is the mathematical formula for computing the total number of seats to be allocated to party-list representatives?
20% * (Total # of seats for district representatives / 0.8) = # of seats for party list representatives.
108
Is it mandatory to fill-up the entire 20% allocation of party list representatives?
No. The filling-up of all available party-list seats is not mandatory.
Neither the Constitution nor R.A. No. 7941 mandates the filling-up of the entire 20% allocation of party-list
representatives found in the Constitution.
The 20% allocation of party-list representatives is merely a ceiling; party list representatives cannot be more than 20% of the members of the House of Representatives.
109
T or F
| The total number of party-list representatives cannot be more than 20% of the members of the House of Representatives.
True.
110
T or F
After prescribing the ratio of the number of party-list representatives to the total number of representatives, the Constitution left the manner of allocating the seats available to party-list representatives to the wisdom of the legislature.
True.
111
Explain the determination of allocation of seats for party-list representatives.
1. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections.
2. (FIRST ROUND ALLOCATION) The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the party list system shall be entitled to one (1) guaranteed seat each.
3. (SECOND ROUND ALLOCATION) There are two steps in the second round of seat allocation.
First, the percentage is multiplied by the remaining available seats, which is the difference between the maximum seats reserved under the Party-List System and the guaranteed seats of the two-percenters.
Second, we assign one (1) party list seat to each of the parties next in rank until all available seats are completely distributed.
4. Finally, we apply the three-seat cap to determine the number of seats each qualified party-list candidate is entitled.
112
Explain the 4 parameters in a Philippine style party-list election system.
1. Twenty percent (20%) of the total number of the
membership of the House of Representatives is the maximum number of seats available to party-list organizations, such that there is automatically one party-list seat for every four existing legislative districts.
2. Garnering two percent (2%) of the total votes cast in the party-list elections guarantees a party-list organization one seat. The guaranteed seats shall be distributed in a first round of seat allocation to parties receiving at least two percent (2%) of the total party-list votes.
3. The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the party-list organizations including those that received less than two percent of the total votes.
4. The three-seat cap is constitutional. The three-seat cap is intended by the Legislature to prevent any party from dominating the party-list system. There is no violation of the Constitution because the 1987
Constitution does not require absolute proportionality for the party-list system. The well-settled rule is that courts will not question the wisdom of the Legislature as long as it is not violative of the Constitution.
113
T or F
The determination of who is the rightful representative of a political party or the legitimate nominee of a party-list group lies with the COMELEC, as part and parcel of its constitutional task of registering political parties, organizations and coalitions
True
114
T or F
The Court had already ruled that the registration of party-list groups involves the exercise of the COMELEC's administrative power, particularly its power to enforce and administer all laws related to elections.
True.
115
The Court has held that once a winning candidate has been proclaimed, taken his oath, and assumed office as Member of the House of Representatives, the COMELEC'S jurisdiction over election contests relating to his election, returns, and qualifications ends, and the HRET's own jurisdiction begins.
True.
116
Explain the requirements in the submission of nomination for party-list representatives.
Nomination of Party-List Representatives.
Each registered party, organization or coalition shall submit to the COMELEC not later than forty-five (45) days before the election a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes.
117
T or F
Change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except in cases where the nominee dies, or withdraws in writing his nomination, becomes incapacitated in which case the name of the substitute nominee shall be placed last in the list.
False.
NO change of names or alteration of the order of
nominees shall be allowed after the same shall have been submitted to the COMELEC except in cases where the nominee dies, or withdraws in writing his nomination, becomes incapacitated in which case the name of the substitute nominee shall be placed last in the list.
118
T or F
Pursuant to the terms of Section 8 of RA No. 7941, the Court can leave to the party the discretion to determine the number of nominees it would submit.
False
Pursuant to the terms of Section 8 of RA No. 7941, the
Court CANNOT leave to the party the discretion to determine the number of nominees it would submit.
Compliance with Section 8 of R.A. No. 7941 is essential as the said provision is a safeguard against arbitrariness.
119
T or F
In case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization coalition concerned shall submit additional nominees.
True.
120
What is the effect when a party-list representative changes his political party or sectoral affiliation during his term of office?
Any elected party-list representative who changes his political party or sectoral affiliation during his term of office shall FORFEIT HIS SEAT, PROVIDED:
That if he changes his political party or sectoral
affiliation within six (6) months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.
121
T or F
A party-list representative who changes his political party or sectoral affiliation within six (6) months before an election, shall not be eligible for nomination as party-list representative under his new party or organization.
True.
122
What are the grounds wherein the COMELEC may refuse or cancel the registration of national, regional or
sectoral party, organization or coalition?
The COMELEC may, motu propio or upon verified
complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:
(1) It is a religious sect or denomination, organization or association, organized for religious purposes;
(2) It advocates violence or unlawful means to seek its goal;
(3) It is a foreign party or organization;
(4) It is receiving support from any foreign government,
foreign political party, foundation, organization, whether
directly or through any of its officers or members or indirectly through third parties for partisan election purposes;
(5) It violates or fails to comply with laws, rules or regulations relating to elections;
(6) It declares untruthful statements in its petition;
(7) It has ceased to exist for at least one (1) year; or
(8) It fails to participate in the last two (2) preceding
elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.
```
Section 6(8) of RA 7941 provides for two separate
grounds for delisting; these grounds cannot be mixed or
combined to support delisting; and (b) the disqualification for failure to garner 2% party-list votes in two preceding elections should now be understood, in light of the BANAT ruling, to mean failure to qualify for a party-list seat in two preceding elections for the constituency in which it has registered. [PGBI, Inc. V. COMELEC, April 29, 2010]
```
123
What are the kinds of elections?
ELECTIONS
1. Regular
2. Special
124
When was the first elections of the members of the Congress under the 1987 Constitution?
The first elections of Members of the Congress under this Constitution was held on the second Monday of May, 1987.
May 11, 1987
125
T or F
Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second (2nd) Monday of May.
True.
126
What is a regular election?
The 1987 Constitution is clear: Elections for Congress should be held on the 2nd Monday of May unless otherwise provided by law.
127
Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second (2nd) Monday of May. What does "unless otherwise provided by law" mean?
The term "unless otherwise provided by law" contemplates two situations:
(1) when the law specifically states when the elections should be held on a date other than the second Monday of May; and
(2) when the law delegates the setting of the date of the elections to COMELEC.
128
T or F
In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.
True. Sec 9 Art VI
129
T or F
The calling of an election, that is, the giving notice of the time and place of its occurrence, whether made by the legislature directly or by the body with the duty to give such call, is dispensable to the election's validity.
False
The calling of an election, that is, the giving notice of the time and place of its occurrence, whether made by the legislature directly or by the body with the duty to give such call, is INDISPENSABLE to the election's validity.
130
What is the rule on special elections to fill a vacancy?
In a special election to fill a vacancy, the rule is that a statute that expressly provides that an election to fill a vacancy shall be held at the next general elections fixes the date at which the special election is to be held and operates as the call for that election.
131
What is the effect of failure to call an election by the body charged by law with the duty of calling the election?
An election held at the time thus prescribed is
NOT INVALIDATED by the fact that the body charged by law with the duty of calling the election failed to do so.
This is because the right and duty to hold the election emanate from the statute and not from any call for the election by some authority and the law thus charges voters with knowledge of the time and place of the election.
132
T or F
Under Section 9, Article VI of the Constitution, a special election may be called to fill any vacancy in the Senate and the House of Representatives "in the manner prescribed by law"
True.
133
T or F
Under Section 4 of RA 7166, in case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year before the expiration of the term, the Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy.
However, in case of such vacancy in the Senate, the special election shall be held simultaneously with the next succeeding regular election.
True.
134
T or F
The salaries of Senators and Members of the House
of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.
True.
135
When shall salary increase of senators or congressmen take effect?
Increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase
136
T or F
It is only after the expiration of the three-year term of Senators who approved the increase that the increase in salary becomes effective.
False, six year term
137
T or F
Any Member legally barred by competent authority
from attending sessions and performing such other functions as a Member of the House of Representatives shall be denied salary, other compensation, office space and other privileges to which Members are entitled as of the date the bar becomes effective.
True.
138
T or F
A Senator or Member of the House of
Representatives shall, in all offenses punishable by not more than six (6) years imprisonment, be privileged from arrest while the Congress is in session. 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. Not more than 6 years imprisonment - immune from offenses punishable by prision correccional and below.
139
Explain the effectivity of immunity from arrest for members of the Congress.
The immunity applies for as long as Congress is in session, whether or not the legislator involved is actually attending it.
140
T or F
A Congressman who has been convicted of rape and is in detention cannot claim that he should be freed because of popular sovereignty and the need of his constituents to be represented.
True.
People V. Jalosjos ruled that Members of Congress are not exempt from detention for a crime. There is no basis whatsoever for treating him or her differently from other convicts.
141
T or G
The determination that the evidence of guilt is strong, whether ascertained in a hearing of an application for bail or imported from a trial court's judgment of conviction, justifies the detention of an accused as a valid curtailment of his right to provisional liberty.
True. Trillanes vs Pimentel
142
A Senator or Member of the House of Representatives shall be privileged from arrest while Congress is in session for all offenses punishable by imprisonment of not more than:
a. life imprisonment;
b. reclusion perpetua;
c. six years imprisonment;
d. four years imprisonment.
c. six years imprisonment;
143
What is the purpose of the immunity from arrest for members of Congress?
SPEECH DEBATE CLAUSE - Its purpose "is to enable and encourage a representative of the public to discharge his public trust with firmness and success" for "it is indispensably necessary that he should enjoy the fullest liberty of speech, and that he should be protected from the
resentment of every one, however powerful, to whom exercise of that liberty may occasion offense."
It guarantees the legislator complete freedom of expression without fear of being made responsible in criminal or civil actions before the courts or any other forum outside of the Congressional hall.
144
What is the coverage of the complete freedom of expression by members of Congress?
Said expression 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
• 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.
145
Are media interviews covered by the complete freedom of expression of members of Congress?
A lawmaker's participation in media interviews is not a
legislative act, but is "political in nature,' outside the ambit of the immunity conferred under the Speech or Debate Clause in the 1987 Constitution.
The Speech or Debate Clause in our Constitution did not turn our Senators and Congressmen into "super-citizens" whose spoken words or actions are rendered absolutely impervious to prosecution or civil action.
The Constitution conferred the privilege on members of
Congress "not for their private indulgence, but for the
public good."
146
T or F
All Members of the Senate and the House of
Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.
True. Sec 12 of Art 6
147
T or F
A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets,
liabilities, and net worth. In the case of the President, the Vice President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.
True. Sec 17 of Art 11
148
When are SALNs filed?
SALNs when filed
(a) within thirty (30) days after assumption of office;
(b) on or before April 30, of every year thereafter; and
(c) within thirty (30) days after separation from the service.
[Section 8, R.A. 6713]
149
What is "conflict of interest"?
"Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty.
150
T or F
| "Potential conflict of interest" prevents the legislator from filing the proposed legislation.
False
"Potential conflict of interest" does not prevent the legislator from filing the proposed legislation.
It merely enables the House to examine the arguments he might present with a sharper eye and in the context of his personal interest.
The advance disclosure would create a presumption in favor of the legislator concerned should he later be charged by his colleagues with conflict of interest."
151
T or F
No Senator or Member of the House of
Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations 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 which he was elected.
True. Sec 13 of Art 6
152
What happened in the case of Liban vs Gordon?
Dante Liban argued that Senator Dick Gordon forfeited his seat in the Senate when he accepted the chairmanship of the PNRC Board of Governors. However, Philippine National Red Cross is not a government corporation, and therefore Art 6 Sec 13 of the Constitution finds no application in this case. Senator Gordon retains his seat as senator.
The PNRC, as a National Society of the International Red Cross and Red Crescent Movement, can neither "be classified as an instrumentality of the State, so as not to lose its character of neutrality" as well as its independence, nor strictly as a private corporation since it is regulated by international humanitarian law and is treated as an auxiliary of the State.
153
T or F
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. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government owned or controlled corporation, 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 act on account of his office.
True. Sec 14 of Art 6
154
T or F
| Legislators can be members of the board of corporations with contract with the government.
False. Legislators CANNOT be members of the board of corporations with contract with the government.
Such would be at least indirect financial interest.
155
T or 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 President, the Vice President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to
any firm or entity in which they have controlling interest, during their tenure.
True. Sec 6 of Art 11
156
```
No Senator or member of the House of Representatives may
personally appear as counsel before:
a. any regional court;
b. any court of justice;
c. any inferior court;
d. any appellate court.
```
b. any court of justice;
157
T or F
The Congress shall convene once every year on
the fourth Monday of July for its regular session, unless a different date is fixed bylaw, 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.
True.
158
When is the annual convention of members of Congress?
Fourth Monday of July every year.
159
May the President limit the subjects which maybe
| considered during a special session called by him?
The President is given the power to call a session and to specify subjects he wants considered, but it does not empower him to prohibit consideration of other subjects.
160
T or F
The Senate shall convene once every year for its
regular session. It shall continue to be in session for such number of days as it may determine in its legislative calendar, subject only to such limitations as may be provided by the Constitution
True.
161
T or F
Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
True. Sec 16 of Art 6
This section was included to prevent either chamber from blocking legislation through its refusal to meet.
Neither the House nor the Senate may close down or move proceedings from their usual location for more than three days without the other chamber's consent.
162
T or F
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.
True.
163
What does majority mean?
When referring to a certain number out of a total or
| aggregate, it simply "means the number greater than half or more than half of any total."
164
Under the Rules of Senate, what officers must be elected and in what manner?
```
Section 1. The Senate shall elect, in the manner hereinafter provided,
President,
President Pro Tempore,
Secretary,
Sergeant-at-Arms.
```
Sec 2 The officers of the Senate shall be elected by the
majority vote of all its Members. Should there be more than one candidate for the same office, a nominal vote shall be taken; otherwise, the elections shall be viva voce or by resolution.
165
What are the duties of the President Pro Tempore of the Senate?
The President Pro Tempore shall discharge the powers
and duties of the President in the following cases:
a) When the President is absent for one or more days.
b) When the President is temporarily incapacitated.
c) In the event of the resignation, removal, death or absolute incapacity of the President.
166
What is the term of the officers of the Senate?
The term of office of the President, the President Pro
Tempore, the Secretary and the Sergeant-at-Arms shall begin upon their election and end when their successors shall have been elected
167
Under the Rules of House of Representatives, what officers must be elected and in what manner?
```
The officers of the House namely the
Speaker,
Deputy Speakers,
Secretary General
Sergeant-at-Arms
```
shall be elected at the commencement of each Congress and whenever there is a vacancy.
168
What constitutes a quorum for House of Representatives?
A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.
Quorum defined
• that number of members of a body which,
• when legally assembled in their proper places,
• will enable the body to transact its proper business
• that number which makes a lawful body and gives it
power to pass upon a law or ordinance or do any valid
act.
"Majority," when required to constitute a quorum, means the number greater than half or more than half of any total.
A majority of all the Members of the House shall constitute a quorum. The House shall not transact
business without a quorum. A Member who questions the existence of a quorum shall not leave the session hall until the question is resolved or acted upon, otherwise, the question shall be deemed abandoned
169
T or F
A majority of all the Members of the House shall constitute a quorum. The House shall not transact
business without a quorum. A Member who questions the existence of a quorum shall not leave the session hall until the question is resolved or acted upon, otherwise, the question shall be deemed abandoned
True.
170
T or F
Under our Constitution, each House of Congress has
the power to approve bills by a mere majority vote, provided there is quorum.
True.
171
T or F
The members of Congress cannot compel absent
members to attend sessions if the reason for the absence is a legitimate one.
True.
172
T or F
| The Constitution provides that "each House may determine the rules of its proceedings."
True.
"Each House shall determine the rules of its proceedings"
This provision has been traditionally construed as a grant of full discretionary authority to the Houses of Congress in the formulation, adoption and promulgation of its own rules.
173
What are the limitations on the power to promulgate rules by the houses of Congress?
The only limitation to the power of Congress to promulgate its own rules is, WHEN REQUIRED, the observance of:
1. QUORUM
2. VOTING
3. PUBLICATION
As long as these requirements are complied with, the Court will not interfere with the right of Congress to amend its own rules.
174
T or F
| The Senate or the HoR is at liberty to alter or modify these rules on proceedings at any time it may see fit.
False.
The Senate or the HoR is at liberty to alter or modify these rules on proceedings at any time it may see fit, SUBJECT only to the imperatives of quorum, voting and publication.
175
T or F
As a general rule, the Supreme Court has no authority to interfere and unilaterally intrude into the rules on proceedings of Congress, without running afoul of Constitutional principles that it is bound to protect and uphold
True.
176
T or F
Constitutional respect and a becoming regard for the sovereign acts of a coequal branch prevents the Court from prying into the internal workings of the House of Representatives."
True.
177
T or F
| The Constitution requires publication of the internal rules of the House or Senate
False
The Constitution does not require publication of the internal rules of the House or Senate
Since rules of the House or the Senate that affect only their members are internal to the House or Senate, such rules need not be published, unless such rules expressly provide for their publication before the rules can take effect.
178
T or F
In cases where the House does not agree with the Senate on any amendment to any House bill or joint resolution, or where the Senate has approved a
similar bill to a House-approved bill, and these measures have conflicting provisions, differences may be settled by conference committees composed of representatives from both chambers.
True.
179
T or F
A conference committee report shall be signed by a majority of the Members of both Senate and HoR on the last page and every page thereof. The report shall contain a clear and detailed statement of the changes in or amendments to the subject measures. Copies of
the original measures approved by the House and the Senate shall be attached to the report.
True.
180
T or F
A conference committee report shall be ratified by a
majority vote of the Members of the House present, there being a quorum.
True.
181
T or F
Each House may punish its Members for disorderly behavior, and, with the concurrence of one half (1/2) of all its Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall not exceed thirty (30) days
FALSE.
Each House may punish its Members for disorderly behavior, and, with the concurrence of TWO THIRDS (2/3) of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed SIXTY (60) days
182
What are unparliamentary acts and language?
Acts and language which offend a Senator or any
| public institution shall be deemed unparliamentary.
183
T or F
The order of suspension prescribed by Republic Act No. 3019 Anti-Graft Law is distinct from the power of Congress to discipline its own ranks under the Constitution.
True.
184
T or F
Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth (3/5) of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings.
FALSE
Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of ONE FIFTH (1/5) of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings.
185
What are the matters required to be entered in the Journal?
Matters required to be entered in the Journal
(1) the yeas and nays on the third and final reading of a bill
(2) the yeas and nays on any question, at the request of one fifth of the members present (ld., §16(4));
(3) the yeas and nays upon repassing a bill over the President's veto (ld., §27(1); and
(4) the President's objection to a bill which he has vetoed.
186
Differentiate the Journal and Record.
The Journal is usually an abbreviated account of the daily proceedings;
Record contains a word for word transcript of the deliberations of Congress. The said Record shall reflect in detail everything that has been said, done and read in the sessions of the Senate, in such a manner as to express faithfully everything that takes place therein.
187
What is an enrolled bill?
It is the final copy of a bill which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate House and Senate officials, and submitted to the president for signature
188
What is the enrolled bill doctrine?
Under the "enrolled bill doctrine," the signing of a bill by the Speaker of the House and the Senate President and the certification of the Secretaries of both Houses of Congress that it was passed are conclusive of its due enactment.
189
What is the rationale behind the enrolled bill doctrine?
It rests on the consideration that "the respect due to
coequal and independent departments requires the Judiciary to act upon that assurance, and to accept, as having passed Congress, all bills authenticated in the manner stated; leaving the court to determine, when the question properly arises, whether the Act, so authenticated, is in conformity with the Constitution."
190
T or F
The Senate and the House of Representatives shall
each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications (ERQs) of their respective Members.
True. Sec 17 of Art 6
191
Give the composition of the electoral tribunal.
Each Electoral Tribunal shall be composed of nine (9)
Members, three (3) of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six (6) shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the
party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
192
Explain the jurisdiction of electoral tribunals.
Electoral tribunals shall have exclusive, original jurisdiction over contests relating to the election, returns, and qualifications of the elective officials falling within the scope of their powers.
193
Explain the boundaries of jurisdiction between the electoral tribunals and COMELEC.
Court has held that once a winning candidate has been proclaimed, taken his oath, and assumed office as Member of the House of Representatives, the COMELEC's jurisdiction over election contests relating to his election, returns, and qualifications ends, and the HRET's own jurisdiction begins.
194
What does Election, Returns, Qualifications (ERQs) refer to?
The phrase "election, returns and qualifications" refers to all matters affecting the validity of the contestee's title.
195
What does election refer to in ERQs?
In particular, the term "election" refers to the conduct of the polls, including the listing of voters, the holding of the electoral campaign, and the casting and counting of the votes
196
What does returns refer to in ERQs?
"returns" refers to the canvass of the returns and the
proclamation of the winners, including questions concerning the composition of the board of canvassers and the authenticity of the election returns
197
What does qualifications refer to in ERQs?
"qualifications" refers to matters that could be raised in
a quo warranto proceeding against the proclaimed winner, such as his disloyalty or ineligibility or the inadequacy of his Certificate of Candidacy
198
T or f
The Constitution no less, grants the HRET with exclusive jurisdiction to decide all election contests involving the members of the House of Representatives, which necessarily includes those which raise the issue of fraud, terrorism or other irregularities committed before, during or after the elections.
True.
199
Can HRET annul elections?
Yes. The HRET, as the sole judge of all contests relating to the election, returns and qualifications of members of the House of Representatives, may annul election results if in its determination, fraud, terrorism or other electoral irregularities existed to warrant the annulment.
Because in doing so, it is merely exercising its constitutional duty to ascertain who among the candidates received the majority of the valid votes cast.
200
T or F
| The discretion of the House to choose its members to the HRET (and the CA) is absolute.
False
The discretion of the House to choose its members to the HRET (and the CA) is not absolute, being subject to the mandatory constitutional rule on proportional
representation.
201
The HRET is composed of 9 members, 3 of which are from the Supreme Court. What is the rationale behind this?
The presence of the three Justices is meant to tone down the political nature of the cases involved and do away with the impression that party interests play a part in the decision making process
202
T or F
| Any one of the 9 members of the HRET can be chairman.
False, the chairman must be the most senior Justice
203
T or F
As judges, the members of the tribunal [HRET] may or may not be nonpartisan. They must discharge their functions with complete detachment, impartiality, and independence even independence from the political party to which they belong.
False.
As judges, the members of the tribunal [HRET] MUST BE NONPARTISAN. They must discharge their functions with complete detachment, impartiality, and independence even independence from the political party to which they belong.
204
T or F
Members of the HRET as "sole judge" of congressional election contests, are entitled to security of tenure just as members of the judiciary enjoy security of tenure under our Constitution
True.
205
What are the just causes for the revocation of membership in the HRET?
Membership in the House Electoral Tribunal may
not be terminated except for a just cause, such as, the
• expiration of the member's congressional term of
office,
• his death,
• permanent disability,
• resignation from the political party he represents in the tribunal,
• formal affiliation with another political party, or
• removal for other valid cause.
206
Explain the judicial review of decisions of electoral tribunals.
The Supreme Court reviews judgments of the House and Senate Electoral Tribunals NOT IN THE EXERCISE OF ITS APPELATE JURISDICTION
The SC's review is limited to a determination of whether there has been AN ERROR IN JURISDICTION, not an error in judgment.
207
When shall the electoral tribunal be constituted?
```
Section 19. The Electoral Tribunals shall be constituted
within thirty (30) days after the Senate and the House of
Representatives shall have been organized with the election of the President and the Speaker
```
208
What is the composition of the Commission on Appointments?
There shall be a Commission on Appointments
consisting of the President of the Senate, as ex officio
Chairman, twelve (12) Senators, and twelve (12) Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the partylist system represented therein.
209
When is the Chairman of the Commission on Appointments allowed to vote?
The chairman of the Commission shall not vote, except in case of a tie.
210
T or F
| The Commission on Appointments shall rule by a majority vote of all the Members.
True
211
T or F
Constitution impliedly conferred on the Senate and on the House the authority to elect among their members those who would fill the 12 seats for Senators and 12 seats for House members in the Commission on Appointments.
False
Constitution EXPLICITLY CONFERS on the Senate and on the House the authority to elect among their members those who would fill the 12 seats for Senators and 12 seats for House members in the Commission on Appointments.
212
Is it mandatory that all seats in the Commission on Appointment be filled?
SC has declared that the Constitution DOES NOT REQUIRE that the full complement of 12 Senators be elected to the membership in the Commission on Appointments before it can discharge its functions and that it is not mandatory to elect 12 Senators to the Commission.
The overriding directive of Article Vl, Section 18 is that THERE MUST BE PROPORTIONAL REPRESENTATION OF THE POLITICAL PARTIES in the membership of the Commission on Appointments and that the specification of 12 members to constitute its membership is merely an indication of the maximum complement allowable under the Constitution.
213
T or F
Proportional representation in the Commission on
Appointments requires a minimum membership of a party in each house.
True.
214
T or F
The mere presence of one Senator belonging to a political party does not ipso facto entitle such a party to membership in the Commission on Appointments.
True
215
T or F
| The discretion of the House to choose its members to the Commission on Appointments is absolute.
False
The discretion of the House to choose its members to the CA is not absolute, being subject to the
mandatory constitutional rule on proportional representation.
216
T or F
| The Commission on Appointments is dependent on Congress.
False.
The Commission on Appointments is a creature of the Constitution. Although its membership is confined to members of Congress, said Commission is independent of Congress.
217
T or F
Because the Commission on Appointments is composed of members of Congress, its exercise of powers are legislative in nature.
False.
Even if the Commission on Appointments is composed of members of Congress, the EXERCISE OF ITS POWERS ARE EXECUTIVE and not legislative.
218
T or F
The Commission on Appointments does not legislate when it exercises its power to give or withhold consent to presidential appointments.
True.
219
When shall the Commission on Appointments be constituted?
Commission on Appointments shall be constituted within thirty (30) days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker.
220
T or F
The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses for each Member.
True Sec 20 of Art 6
221
T or F
| Power of inquiry is inherent in the power to legislate.
True.
222
T or F
The Senate or the House of Representatives or any
of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure.
True. Sec 21 of Art 6
223
T or F
| The power of inquiry--with process to enforce it-is an essential and appropriate auxiliary to the legislative function.
True.
224
T or F
The power of legislative inquiry is so searching and extensive in scope that the inquiry need not result in any potential legislation, and may even end without any predictable legislation
True
225
T or F
| Legislative inquiry must be proven to be in aid of legislation and not for other purposes.
True
226
T or F
The Congress' power of inquiry, being broad, encompasses everything that concerns the administration of existing laws as well as proposed or possibly needed statutes.
True.
227
T or F
The principal tool used by the Legislature in exercising
legislative power is the power of inquiry which is inherent in legislative body.
True
228
T or F
| Committees under either Houses may also exercise the power of inquiry.
True.
Article VI, Section 21 grants the power of inquiry not only to the Senate and the House of Representatives, but also to any of their respective committees. Clearly, there is a direct conferral of power to the committees.
229
T or F
| A legislative inquiry must prove to be in aid of legislation and not for other purposes,
True.
230
T or F
Invitations should contain the "possible needed statute which prompted the need for the inquiry," along with "the usual indication of the subject of inquiry and the questions relative and in furtherance thereof."
True.
231
T or F
The power of both the House of Representatives and the Senate to conduct investigations in aid of legislation is absolute.
False.
The power of both the House of Representatives and the Senate to conduct investigations in aid of legislation is NOT ABSOLUTE.
An investigation in aid of legislation must comply with the rules of procedure of each House of Congress, and must not violate the individual rights enshrined in the Bill of Rights.
232
What is sub judice?
Sub Judice is a Latin term which refers to matters under or a judge or court; or matters under judicial consideration.
In essence, the sub judice rule restricts comments and
disclosures pertaining to pending judicial proceedings. The restriction applies to litigants and witnesses, the public in general, and most especially to members of the Bar and the Bench
233
T or F
It is axiomatic that the power of legislative investigation
includes the power to compel the attendance of witnesses.
True,
234
T or F
The power of legislative inquiry must be carefully
balanced with the private rights of those affected
True.
235
T or F
A person's right against self incrimination and to due process can be swept aside in favor of the purported public need of a legislative inquiry.
False
A person's right against self incrimination and to due process CANNOT be swept aside in favor of the purported public need of a legislative inquiry.
236
T or F
Persons invited to appear before a
legislative inquiry do so as resource persons and not as accused in a criminal proceeding.
True.
237
T or F
| A contempt of the Committee shall be deemed a contempt of the Senate.
True.
Such witness may be ordered by the Committee to be detained in such place as it may designate under the custody of the
Sergeant-at-Arms until he/she agrees to produce the required documents, or to be or to testify, or otherwise purge himself/herself of that contempt.
238
For how long should a person be imprisoned for contempt of the Senate?
The period of imprisonment under the
inherent power of contempt of the Senate during inquiries in aid of legislation should only last UNTIL THE TERMINATION OF THE LEGISLATIVE INQUIRY under which the said power is invoked.
Accordingly, as long as there is a legitimate legislative inquiry, then the inherent power of contempt by the Senate may be properly exercised.
Conversely, once the said legislative inquiry concludes, the exercise of the inherent power of contempt ceases and there is
no more genuine necessity to penalize the detained witness.
239
T or F
There is a categorical directive to
duly publish a set of rules of procedure by the Senate and HoR under the Constitution.
True.
240
Why is there a need to publish the rules of procedure of Houses?
The requisite of publication of the rules is intended to satisfy the basic requirements of due process.
Publication is indeed imperative, for it will be the height of injustice to punish or otherwise burden a citizen for the transgression of a law or rule of which he had no notice whatsoever, not even a constructive one.
241
Is online publication of the rules of procedure of Houses sufficient?
The publication of the Rules of Procedure in the website of the Senate, or in pamphlet form available at the Senate, is NOT SUFFICIENT under the Tañada v. Tuvera ruling which requires publication either in the Official Gazette or in a newspaper of
general circulation.
242
T or F
| The Senate and HoR are dissolved as an entity with each national election.
False.
The Senate as an institution is "continuing," as it is NOT DISSOLVED AS AN ENTITY with each national election or change in the composition of its members.
243
What happens to pending matters and proceedings when there are newly elected members of Congress?
All pending matters and proceedings, i.e., unpassed bills and even legislative investigations, of the Senate of a particular Congress are CONSIDERED TERMINATED UPON EXPIRATION OF THAT CONGRESS and it is merely optional on the Senate of the succeeding Congress to take up such unfinished matters, not in
the same status, but as if presented for the first time.
244
Explain the voting requirements and the grounds for contempt under the rules of procedures of the Congress.
The committee may punish a person for contempt by a VOTE OF 2/3 OF THE MEMBERS PRESENT, THERE BEING QUORUM. The grounds for contempt are:
1. Refusal without legal excuse to obey summons
2. Refusal to be sworn or replaced under affirmation
3. Refusal to answer any relevant inquiry
4. Refusal to produce any books, papers, documents, or records that are relevant to inquiry and are in possession of the concerned persons
5. Acting in a disrespectful manner towards any member of the Committee or any misbehavior in the presence of the committee
6. Undue interference in the conduct of proceedings
245
What are the instances when senate legislative inquiry terminates?
1. Upon approval or disapproval of Committee Report
| 2. Upon termination and expiration of one Congress
246
T or F
| As the legislative inquiry ends upon that expiration, the imprisonment of the detained witnesses likewise ends.
True.
247
T or F
The right of Congress to conduct inquiries in aid of legislation is also susceptible to abuse thus, it may be subjected to judicial review pursuant to the Court's certiorari powers
True.
248
What is question hour?
In the context of a parliamentary system of government, the "question hour" has a definite meaning.
It is a period of confrontation initiated by Parliament to hold the Prime Minister and the other ministers accountable for their acts and the operation of the government, corresponding to what is known in Britain as the question period.
249
A department secretary may, with the President's consent, initiate his appearance before the Senate or the House of Representatives which
(A) must seek the concurrence of the other House before acting.
(B) must hold an executive session to hear the. department
secretary.
(C) may altogether reject the initiative.
(D) must accept such initiated appearance.
(C) may altogether reject the initiative.
250
Explain how a bill becomes a law.
1. PREPARATION OF THE BILL
The Member or the Bill Drafting Division of the Reference and Research Bureau prepares and drafts the bill upon the Member's request.
2. FIRST READING
1. The bill is filed with the Bills and Index Service and the same is numbered and reproduced.
2. Three (3) days after its filing, the same is included
in the Order of Business for First Reading.
3. On First Reading, the Secretary General reads the
title and number of the bill. The Speaker refers the bill
to the appropriate Committee/s.
3. COMMITTEE CONSIDERATION/ACTION
1. The Committee where the bill was referred to evaluates it to determine the necessity of conducting public hearings.
If the Committee finds it necessary to conduct public hearings, it schedules the time thereof, issues public notices and invites resource persons from the public
and private sectors, the academe and experts on the proposed legislation.
If the Committee finds that public hearing is not needed. it schedules the bill for Committee discussion/s.
2. Based on the result of the public hearings or Committee discussions, the Committee may introduce amendments, consolidate bills on the same subject matter, or propose a substitute bill. It then prepares the corresponding committee report.
3. The Committee approves the Committee Report and formally transmits the same to the Plenary Affairs Bureau.
4. SECOND READING
1. The Committee Report is registered and
numbered by the Bills and Index Service. It is included in the Order of Business and referred to the Committee on Rules.
2. The Committee on Rules schedules the bill for consideration on Second Reading.
3. On Second Reading, the Secretary General reads the number, title and text of the bill and the following takes place:
a) Period of Sponsorship and Debate
b) Period of Amendments
c) Voting which may be by:
i. viva voce
ii. count by tellers
ill. division of the House; or
iv. nominal voting
5. THIRD READING
1. The amendments, if any, are engrossed and printed copies of the bill are reproduced for Third Reading.
2. The engrossed bill is included in the Calendar of Bills for Third Reading and copies of the same are distributed to all the Members three days before its Third Reading.
3. On Third Reading, the Secretary General reads only the number and title of the bill.
4. A roll call or nominal voting is called and a
Member, if he desires, is given three (3) minutes to explain his vote. No amendment on the bill is allowed at this stage.
a) The bill is approved by an affirmative vote
of a majority of the Members present.
b) If the bill is disapproved, the same I
transmitted to the Archives.
6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
The approved bill is transmitted to the Senate for its concurrence.
7. SENATE ACTION ON APPROVED BILL
OF THE HOUSE
The bill undergoes the same legislative process in the Senate.
8. CONFERENCE COMMITTEE
1. A Conference Committee is constituted and is composed of Members from each House of Congress to settle, reconcile or thresh out differences or disagreements on any provision of the bill.
2. The conferees are not limited to reconciling the differences in the bill but may introduce new provisions germane to the subject matter or may report out an entirely new bill on the subject.
3. The Conference Committee prepares a report to be signed by all the conferees and the Chairman.
4. The Conference Committee Report is submitted for consideration/approval of both Houses. No amendment is allowed.
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT
Copies of the bill, signed by the Senate President and the Speaker of the House of Representatives and certified by both
the Secretary of the Senate and the Secretary General of the House, are transmitted to the President.
10. PRESIDENTIAL ACTION ON THE BILL
If the bill is approved by the President, the same is assigned an RA number and transmitted to the House where it originated.
If the bill is vetoed, the same, together with a message citing the reason for the veto, is transmitted to the House where the bill originated.
11. ACTION ON APPROVED BILL
The bill is reproduced and copies are sent to the Official Gazette Office for publication and distribution to the implementing
agencies. It is then included in the annual compilation of Acts and Resolutions.
12. ACTION ON VETOED BILL
The message is included in the Order of Business. If the Congress decides to override the veto, the House and the Senate shall proceed separately to reconsider the bill or the vetoed items of the bill.
If the bill or its vetoed items is passed by a vote of two-thirds of the Members of each House, such bill or items shall become
a law.
251
T or F
| Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof
True Sec 26 of Art 26
252
Explain the One Subject/One Title Rule.
One subject / One title rule expresses the principle that the title of a law must not be "so uncertain that the average person
reading it would not be informed of the purpose of the enactment or put on inquiry as to its contents, or which is misleading, either in referring to or indicating one
subject where another or different one is really embraced in the act, or in omitting any expression or indication of the real subject or scope of the act."
253
What is an omnibus bill?
A proposed bill that covers diverse or unrelated topics.
254
What is log-rolling legislation?
Refers to the process in which several provisions supported by an individual legislator or minority of legislators are
combined into a single piece of legislation supported by a majority of legislators on a quid pro quo basis.
255
T or F
The requirement that the subject of an act shall be expressed in its title should receive a technical and not a reasonable
construction.
False.
The requirement that the subject of an act shall be expressed in its title should receive a reasonable and not a technical
construction.
256
When is the One Subject/One Title Rule sufficiently complied with?
The rule is sufficiently complied with if the title is comprehensive enough as to include the general object which the statute seeks to effect, and where the persons interested are informed of the nature, scope and consequences of the proposed law and its operation.
It is sufficient if the title be comprehensive enough REASONABLY to include the general object which a statute seeks to effect, without expressing each and every end and means necessary or convenient for the accomplishing of that object.
257
T or F
It is well-settled that the "one title one subject" rule does not require the Congress to employ in the title of the enactment language of such precision as to mirror, fully index or catalogue all the contents and the minute details therein.
True.
258
T or F
No bill passed by either House shall become a law unless it has passed three (3) readings on separate days, and printed copies thereof in its final form have been
distributed to its Members three (3) days before its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment
thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.
True
259
T or F
No bill passed by either House shall become a law unless it has
passed three (3) readings on separate days, and printed
copies thereof in its final form have been distributed to
its Members three (3) days before its passage
True.
260
Why is there a need for separate readings on separate days?
To ensure a more thorough study of the bills.
261
Explain the two fold purpose as to why there is a requirement of three readings on separate days.
The purpose for which three readings on separate days are required is two-fold:
(1) to inform the members of Congress of what they must vote on, and
(2) to give the members of Congress notice that a measure is progressing through the legislative process, allowing them and others interested in the measure to prepare their positions on the matter.
262
T or F
No bill or joint resolution* shall become law unless it passes three (3) readings on
separate days and printed copies thereof in its final form are distributed to the Members three (3) days before its passage
except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.
True.
263
T or F
No bill shall be passed by the Senate unless it has passed three (3) readings on separate days, and printed copies
thereof in its final form have been distributed to the members three (3) days before its passage, except when the President of the Philippines certifies to the necessity of its immediate enactment to meet a public calamity or emergency
True,
264
T or F
| The power of appropriation is one of the non-legislative functions of Congress.
True
265
T or F
| No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
True
266
T or F
| The power to appropriate must be exercised only through legislation
True
267
Differentiate general and special appropriations law.
A general appropriation law is one passed annually to provide for the financial operations of the entire government
during one fiscal period, whereas a special appropriation is designed for a specific purpose
268
When does an appropriation made by law exist?
An appropriation made by law exists when a provision of law:
(a) sets apart a determinate or determinable amount of money and
(b) allocates the same for a particular public purpose.
269
What is the exception wherein public money may be given for religious purposes?
Public money may be given to religious purposes when when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium because of services rendered.
270
T or F
If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.
True.
271
T or F
The President shall submit to the Congress, within sixty (60) days from the opening of every regular session as
the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.
False
The President shall submit to the Congress, within THIRTY (30) days from the opening of every regular session as
the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.
272
T or F
Placed upon the President is the power to recommend the budget necessary for the operation of the Government, which
implies that he has the necessary authority to evaluate and determine the structure that each government agency in the
executive department would need to operate in the most economical and efficient manner.
True.
273
T or F
The Congress may increase the appropriations recommended by the President for the operation of the
Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law
False
The Congress MAY NOT INCREASE the appropriations recommended by the President for the operation of the
Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law
274
T or F
| It is the President who proposes the budget but it is Congress that has the final say on matters of appropriations.
True.
275
T or F
The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations
for other departments and agencies.
Congress may adopt a procedure for approving appropriations for itself different from procedure for other appropriations.
False.
The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations
for other departments and agencies.
Congress MAY NOT ADOPT a procedure for approving appropriations for itself different from procedure for other appropriations. (MUST FOLLOW SIMILAR PROCEDURES)
276
What are the phases of the Philippine Budget Cycle?
The Philippine Budget Cycle
(1) Budget Preparation;
(2) Budget Legislation;
(3) Budget Execution; and
(4) Accountability.
277
What is the voting requirement for the declaration of the existence of a state of war?
- Vote of 2/3 of both Houses
- Voting Separately
- In a joint session
278
What is the voting requirement for choosing the President or Vice President in case of a tie?
- Vote of majority of all members of both houses
| - Voting Separately
279
What is the voting requirement for confirmation of the nomination of a Vice President from among members of the Congress in case of vacancy of the VP post?
- Majority vote of all members of both houses
| - Voting Separately
280
What is the voting requirement for the determination of the President's disability?
- 2/3 vote of all members of both houses
| - Voting Separately
281
What is the voting requirement for the determination revocation of the proclamation or suspension of the writ of habeas corpus ?
- At least majority of all its members
| - Voting Jointly
282
What is the voting requirement for the amendment of the Constitution?
```
3/4 of all its members
voting separately (Bernas)
```
283
What is the purpose of the Bicameral Conference Committee?
Bicameral Conference Committee is mandated to settle the differences between the disagreeing provisions in the House bill and the Senate bill. The term "settle" is synonymous to "reconcile" and "harmonize."
To reconcile or harmonize disagreeing provisions, the Bicameral Conference Committee may then:
a. adopt the specific provisions of either the House bill or Senate bill,
b. decide that neither provisions in the House bill or the provisions in the Senate bill would be carried into the final form of the bill, and/or
c. try to arrive at a compromise between the disagreeing provisions
284
True
The Bicameral Conference Committee is not limited to resolving and harmonizing differences between the two Houses, but it may also propose an entirely new provision
True
285
T or F
| A provision introduced by the BCC is called an amendment in the nature of a substitute.
True
286
T or F
In the event that the Senate does not agree with the House of Representatives on the provision of any bill or joint resolution, the differences shall be settled by a conference committee of both Houses which shall meet within five days after their composition.
False
In the event that the Senate does not agree with the House of Representatives on the provision of any bill or joint resolution, the differences shall be settled by a conference committee of both Houses which shall meet within TEN (10) days after their composition.
287
Differentiate suspension as a penalty and preventive suspension.
Suspension as a penalty is a punitive measure that is imposed upon determination by the Senate or the House of Representatives, as the case may be, upon an erring member.
Preventive suspension is distinct from the power of Congress to discipline its own ranks under the Constitution. Preventive Suspension is STOP-GAP MEASURE, NOT PUNITIVE.
288
T or F
The Journal is regarded as not conclusive with respect to matters that are required by the Constitution to be recorded therein.
False
The Journal is REGARDED AS CONCLUSIVE with respect to matters
that are required by the Constitution to be recorded therein.
289
What should be inserted in the Journal of the Senate?
IN FULL:
A. The proclamation issued by the President of the PH to convene Congress
B. The titles of the bills and resolutions presented by any member of the Senate
C. The objections to the legislative measures vetoed by the President of the Philippines together with the ayes and nays of the Senators on each vetoed measure
D. All nominal votings
```
IN CONDENSED FORM:
A. Message of the President of the Philippines
B. Messages from the HoR
C. Petitions
D. Communications
E. Memorials
```
290
T or F
The Commission shall act on all appointments submitted to it
within thirty (30) calendar days of the Congress from their
submission.
False
```
The Commission shall act on all appointments submitted to it
within thirty (30) SESSION days of the Congress from their
submission.
```
291
What is the composition of the Commission on appointments?
Composition
1. Ex officio Chairman = Senate President
2. Senators = 12
3. Congressmen = 12
292
T or F
The chairman of the Commission on Appointments shall not vote, except in case
of a tie.
True.
293
T or F
| The Commission on Appointments shall rule by a majority vote of all the Members.
True.
294
Explain the steps in the appointment by the Commission on Appointment.
1. The President submits a nomination for appointment
2. Nominee submits complete documentary requirements within 15 days of receipt of notice
3. Chairman of the Commission refers nomination or appointment to Standing Committee (SC)
4. Nomination is published in 2 newspapers of general circulation within 3 days from referral
5. SC deliberates on nomination of appointment after the lapse of one week from the date of publication
6. SC recommends consent or rejection of nomination
7. CA en banc accepts or rejects the SCs recommendation
8. CA submits its report to the President on action taken
9. President receives the report.
295
Generally, when may the Supreme Court intervene in activities of Congress?
1. When there is a clear violation of the Constitution
| 2. When there is a grave abuse of discretion amounting to lack of excess of jurisdiction
296
Who decides and interprets what is meant by proportional representation?
The Supreme Court
297
Who has the power to choose the appointments made in the Commission on Appointment?
Each of the Houses but subject to the proportional representation requirement by the Constitution
298
T or F
| The Commission on Appointments shall meet only when Congress is in session
True.
299
T or F
Internal rules of both Houses of Congress must be duly published, while the rules on procedures on inquiries need not be published.
False.
Internal rules of both Houses of Congress NEED NOT BE PUBLISHED, while the rules on procedures on inquiries MUST BE DULY PUBLISHED.
300
T or F
| On-going judicial proceedings do not preclude congressional hearings in aid of legislation
True.
301
Differentiate question hour and legislative inquiry.
Question hour - pertains to the power to
conduct a question hour, the objective of which is to obtain information in pursuit of Congress' oversight function. Congress seeks to be informed on how department heads are implementing the statutes which it has issued
APPEARANCE - heads of department may upon their own initiative with the consent of the President or upon the request of the House Appear before the house on matters pertaining to the department
Legislative inquiry - APPEARANCE IS MANDATORY IN AID OF LEGISLATION
Specifically relates to the power to conduct inquiries in aid of legislation, the aim of which is to elicit information that
may be used for legislation.
302
T or F
The heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to
their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three (3) days before their scheduled appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the
President so states in writing, the appearance shall be conducted in executive session.
True. Sec 22 of Art 6
303
T or F
| In inquiries of legislation, heads of departments may not be compelled to appear before Congress
False. Appearance is mandatory if it is in relation to inquiries of legislation
304
T or F
| In question hour, heads of departments may be compelled to appear before Congress
False, in question hour, they cannot be compelled to appear
305
T or F
| A joint resolution is not a bill and its passage does not make it into a law.
True.
306
What are the bills that must originate exclusively from the House?
ARTBBP
1. All appropriation,
2. revenue or
3. tariff bills,
4. bills authorizing increase of the public debt,
5. bills of local application, and
6. private bills
307
What is an appropriation bill?
One whose purpose is to set aside a sum of money for public
| use.
308
What is a private bill?
Private bills are those which affect private persons, such as a bill granting
citizenship to a specific foreigner
309
T or F
It is not the law but the revenue bill which is required by the Constitution to "originate exclusively" in the House of Representatives.
True.
310
T or F
The Constitution prohibits the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House bill.
False
The Constitution DOES NOT prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from
the House, so long as action by the Senate as a body is withheld pending receipt of the House bill.
311
T or F
| Congress acts as guardian of the public treasury.
True.
312
T or F
Congress' power of the purse is touted as the very foundation of its institutional strength, and underpins "all other legislative decisions and regulating the balance of influence between the
legislative and executive branches of government."
True.
313
T or F
The President's power to augment operative under the GAA, Congress recognizes the need for flexibility in budget execution. In so doing, Congress diminishes its own power of the purse, for it delegates a fraction of its power to the
Executive.
But Congress does not thereby allow the Executive to override its authority over the purse as to let the Executive exceed its delegated authority.
True.
314
T or F
| The power of appropriation is one of the non legislative functions of Congress.
True
315
T or F
| No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
True
316
T or F
| That the power to appropriate must be exercised only through legislation
True.
317
T or F
Each phase of the PH Budget Cycle is distinctly separate from the others but they
overlap in the implementation of the budget during the budget
year.
True.
318
Explain the Budget Preparation Phase.
Budget Preparation
The budget preparation phase is commenced through the issuance of a Budget Call by the DBM. The Budget Call contains budget parameters earlier set by the Development Budget Coordination Committee (DBCC) as well as policy guidelines and procedures to aid government agencies in the preparation and submission of their budget proposals.
Following the issuance of the Budget Call, the various departments and agencies submit their respective Agency Budget Proposals to the DBM.
DBM bureaus thereafter review the Agency Budget Proposals and come up with recommendations for the Executive Review
Board, comprised by the DBM Secretary and the DBM's senior officials.
The DBM next consolidates the recommended agency budgets into the National Expenditure Program (NEP) and
a Budget of Expenditures and Sources of Financing (BESF).
National Expenditure Program (NEP)
The NEP provides the details of spending for each department and agency by program, activity or project (PAP), and is
submitted in the form of a proposed GAA.
Budget of Expenditures and Sources of Financing (BESF) This document contains macroeconomics assumptions, public sector context (including overviews of LGU and GOCC financial positions), breakdown of the expenditures and funding sources for the budget year, the current and the
previous years.
The NEP and BESF are thereafter presented by the DBM and the DBCC (Development Budget Coordination Committee) to the President and the Cabinet for further refinements or reprioritization.
Once the NEP and the BESF are approved by the President and the Cabinet, the DBM prepares the budget documents for submission to Congress.
319
Explain the Budget Legislation Phase
Budget Legislation
The Budget Legislation Phase covers the period commencing from the time Congress receives the President's Budget, which
is inclusive of the NEP and the BESF, up to the President's approval of the GAA.
The Budget Legislation Phase covers the period commencing from the time Congress receives the President's Budget, up to the President's approval of the GAA.
BUDGET AUTHORIZATION PHASE
This phase is also known as the Budget Authorization Phase, and involves the significant participation of the Legislative
through its deliberations. Initially, the President's Budget is assigned to the House of Representatives' Appropriations Committee on First Reading.
BUDGET --> Appropriations Committee
Budget Hearings
The Appropriations Committee and its various Sub Committees schedule and conduct budget hearings to examine the PAPs (programs, activities and projects) of the departments and agencies.
Thereafter, the House of Representatives drafts the General Appropriations Bill (GAB).
The GAB is sponsored, presented and defended by the House of Representatives' Appropriations Committee and Sub-Committees in plenary session.
As with other laws, the GAB is approved on Third Reading before the House of Representatives' version is transmitted to the Senate. After transmission, the Senate
conducts its own committee hearings on the GAB.
To expedite proceedings, the Senate may conduct its committee hearings simultaneously with the House of Representatives' deliberations.
The Senate's Finance Committee and its Sub-Committees may submit the proposed amendments to the GAB to the plenary of the Senate only after the House of Representatives has formally transmitted its version to the Senate.
The Senate version of the GAB is likewise approved on Third Reading.
Bicameral Conference Committee
The House of Representatives and the Senate then constitute a panel each to sit in the Bicameral Conference Committee for
the purpose of discussing and harmonizing the conflicting provisions of their versions of the GAB.
The "harmonized" version of the GAB is next presented to the President for approval. The President reviews the GAB, and prepares the Veto Message where budget items are subjected to direct veto, or are identified for conditional implementation.
If, by the end of any fiscal year, the Congress shall have failed to pass the GAB for the ensuing fiscal year, the GAA for the
preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the GAB is passed by the Congress.
320
Explain the Budget Execution Phase
Budget Execution
The Budget Execution Phase is primarily the function of the
DBM, which is tasked to perform the following procedures,
namely:
(1) to issue the programs and guidelines for the release of funds;
(2) to prepare an Allotment and Cash Release Program;
(3) to release allotments; and
(4) to issue disbursement authorities.
Actual disbursement or spending of government funds
terminates the Budget Execution Phase
321
Explain the Accountability Phase
Accountability
Accountability is a significant phase of the budget cycle because it ensures that the government funds have been effectively and efficiently utilized to achieve the State's socioeconomic goals.
It also allows the DBM to assess the performance of agencies during the fiscal year for the purpose of implementing
reforms and establishing new policies.
Accountability examination & evaluation
An agency's accountability may be examined and evaluated through:
(1) performance targets and outcomes;
(2) budget accountability reports;
(3) review of agency performance; and
(4) audit conducted by the Commission on Audit (COA).
322
What happens if by the end of the fiscal year Congress fails to pass the GAA for the ensuing fiscal year?
If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re enacted and shall remain in force and effect until the general appropriations bill is passed by the
Congress.
323
T or F
| Actual disbursement or spending of government funds does not terminate the Budget Execution Phase
False
| Actual disbursement or spending of government funds TERMINATES the Budget Execution Phase.
324
T or F
No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to
some particular appropriation therein.
True
325
T or F
| Any such provision or enactment shall not be limited in its operation to the appropriation to which it relates.
False
| Any such provision or enactment SHALL BE LIMITED in its operation to the appropriation to which it relates.
326
What is a rider?
A rider is a provision which is alien to or not germane to the subject or purpose of the bill in which it is incorporated.
327
What is the rationale behind the prohibition of riders?
The rationale against inserting a rider in an appropriations bill under the specific appropriation clause embodied in Section
25(2), Article VI of the Constitution is similar to that of the "one subject in the title" clause provided in Section 26(1) also of
Article VI, which directs that every provision in a bill must be germane or has some reasonable relation to the subject
matter as expressed in the title thereof.
328
What is the doctrine of doctrine of inappropriate provisions?
Doctrine of inappropriate provisions
states that any provision which DOES NOT RELATE TO ANY PARTICULAR ITEM, or which extends in its operation BEYOND AN ITEM OF APPROPRIATION, is considered "an inappropriate provision" which can be vetoed separately from an item.
Also to be included in the category of "inappropriate provisions" are UNCONSTITUTIONAL PROVISIONS and provisions which are intended to amend other laws, because clearly these kind of laws have no place in an appropriations bill.
329
Provisions unrelated to an appropriation bill are considered
prohibited. These are called:
a. interlopers;
b. riders;
c. outriggers;
d. add-ons.
b. riders;
330
T or F
A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.
True.
331
T or F
| Supplemental budgets are special appropriations bill
True.
332
T or F
In the funding of current activities, projects, and programs, the general rule should still be that the budgetary amount contained in the appropriations bill is the extent Congress will determine as sufficient for the budgetary allocation for the proponent agency.
True.
333
Who are the high officials who may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations?
High Officials authorized (Exclusive)
• the President,
• the President of the Senate,
• the Speaker of the House of Representatives,
• the Chief Justice of the Supreme Court, and
• the heads of Constitutional Commissions
334
What are the requisites for valid transfer of appropriated funds at the national level?
(1) There MUST BE A LAW authorizing the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of the Constitutional Commissions to transfer funds within their respective offices;
(2) The funds to be transferred are savings generated from the appropriations for their respective offices; and
(3) The purpose of the transfer is to augment an item in the general appropriations law for their respective offices.
335
What is an item?
Item is the distinct and several part of the appropriation bill, in line with
the item-veto power of the President, must contain "specific appropriations of money" and not be only general provisions
336
T or f
Discretionary funds appropriated for particular officials shall be disbursed only FOR PUBLIC PURPOSES to be supported
by appropriate vouchers and subject to such guidelines as may be prescribed by law.
True
337
T or F
| The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.
True.
338
What does uniformity and equality mean?
Uniformity and equality means that "all
| taxable articles or kinds of property of the same class [shall] be taxed at the same rate.
339
T or F
"Laws granting exemption from tax are construed strictissimi juris against the taxpayer and liberally in favor of the taxing
power. Taxation is the rule and exemption is the exception."
True
340
T or F
Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, non profit cemeteries, and all lands, buildings, and improvements,
actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.
True.
341
T or F
The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.
True
342
T or F
It is Congress which authorizes the President to impose tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts, and the authorization granted to the President must be embodied in a law.
The authorization to the President can be exercised only within the specified limits set in the law and is further subject to limitations and restrictions which Congress may impose.
True
343
T or F
The executive branch has authority to impose tariffs and other similar tax levies
involving the importation of foreign goods.
False
the executive branch has
NO AUTHORITY to impose tariffs and other similar tax levies
involving the importation of foreign goods.
344
T or F
The authority delegated to the President regarding imposition of tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts may not be exercised by the alter egos of the President.
False
The authority delegated to the President regarding imposition of tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts may be be exercised, in accordance with legislative sanction, by the alter egos of the President, such as department secretaries.
345
T or F
Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same,
he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which
shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds
(2/3) of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds (2/3) of all the Members of that House, it shall become a law.
True.
346
T or F
Every bill passed by Congress must be presented to the
President for approval or veto.
True
347
T or F
In the absence of presentment to the President, no bill passed
by Congress can become a law. In this sense, law making under
the Constitution is a joint act of the Legislature and of the
Executive.
True.
348
T or F
The President shall communicate his veto of any bill to the House where it originated within sixty days (60) after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.
False
The President shall communicate his veto of any bill to the House where it originated within THIRTY days (30) after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.
349
T or F
As a general rule, if the President disapproves of a provision in a bill approved by Congress, he should veto the
entire bill. He is not allowed to veto separate parts of a bill while retaining the others
True
350
What are the instances wherein the President may veto only certain items in a bill?
```
It is only in the case of ART
APPROPRIATION
REVENUE
TARIFF BILLS
that he is authorized to exercise item-veto.
```
351
T or F
The veto power of the President applies expressly only to bills, not to joint resolutions. If a joint resolution is given the effect of, and treated as, a law, Congress will be taking away the veto power of the President since the Constitution only provides for the President's veto power over a bill.
True.
352
What is the justification for the item-veto power?
The justification for the President's item-veto power rests on a variety of policy goals such as to prevent log rolling
legislation, impose fiscal restrictions on the legislature, as well as to fortify the executive branch's role in the budgetary
process.
353
T or F
The President cannot exercise his veto power over an expense category; he may only veto the item to which that expense
category belongs to
True
354
T or F
An item of appropriation must be an item characterized by singular correspondence meaning an allocation of a specified
singular amount for a specified singular purpose, otherwise known as a "line-item."
True.
355
T or F
A valid item is one characterized by singular correspondence meaning, an allocation of a specified singular amount for a specified singular purpose.
True.
356
T or F
Line-items under appropriations should be "specific appropriations of money" that will enable the President to discernibly veto
the same
True.
357
What is legislative veto?
Legislative Veto is a statutory provision requiring the President or an administrative agency to present the proposed implementing rules and regulations of a law to Congress which, by itself or through a committee formed by it, retains a "right" or
"power" to approve or disapprove such regulations before they take effect.
358
Is legislative veto unconstitutional?
Yes
Any action or step beyond that will undermine the separation of powers guaranteed by the Constitution. Legislative vetoes fall in this class.
Moreover, the requirement that the implementing rules of a law be subjected to approval by Congress as a condition for their effectivity violates the cardinal constitutional principles of bicameralism and the rule on presentment.
359
What is an absolute veto?
Constitutions grant the president an absolute veto power that cannot be overturned by the legislature.
Philippines does not have absolute veto
360
What is a qualified veto?
A veto that can be overridden by a subsequent decision of the
legislature is sometimes known as a qualified' veto.
Most constitutions that provide for presidential vetoes on policy grounds also allow the legislature to override the president's veto by means of a supermajority vote.
PH has qualified veto, 2/3 of both Houses
361
What is suspensive veto?
There are some instances in which the presidential veto holds a bill in suspense for a specified period of time.
During this period, the veto power is, in effect, absolute, since it cannot be overridden.
Override becomes possible, however, when the period of suspense has elapsed.
362
What is pocket veto?
US President has 10 days, Sundays excepted, to act once he has been presented with legislation that has passed both houses of Congress and either reject or accept the bill into law
363
T or F
The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom,
whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the
Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum (10%) of
the total number of registered voters, of which every legislative district must be represented by at least three per
centum (3%) of the registered voters thereof.
True. [Section 32, Art. VI]
364
What is initiative?
"Initiative" is the power of the people to propose amendments
to the Constitution or to propose and enact legislations through
an election called for the purpose.
365
What is referendum?
"Referendum" is the power of the electorate to approve or
| reject a legislation through an election called for the purpose.
366
What are the classes of referendum?
c. 1 Referendum on STATUTES which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress;
c. 2 Referendum on LOCAL LAW which refers to a petition to approve or reject law, resolution or ordinance enacted by regional assemblies and local legislative bodies.
367
What are the other powers of Congress?
1. AS BOC FOR PRESIDENTIAL ELECTIONS
2. CALL FOR SPECIAL ELECTION FOR PRES & VP
3. REVOKE/EXTEND SUSPENSION OF PRIVILEGE OF HABEAS CORPUS OR DECLARATION OF MARTIAL LAW
4. CONCUR IN GRANT OF AMNESTIES
5. CONFIRM CERTAIN APPOINTMENTS
6. CONCUR IN TREATIES
7. DECLARATION OF STATE OF WAR & EMERGENCY POWERS
8. JUDGE OF PRESIDENT'S PHYSICAL FITNESS
9. POWER WITH REGARD TO UTILIZATION OF NATURAL RESOURCES
368
Explain the power of Congress as Board of Canvassers for presidential elections.
Upon receipt of the certificates of canvass, the President of the Senate shall, not later than THIRTY (30) DAYS AFTER THE DAY OF THE ELECTION, open all the certificates in the presence of the Senate and the House of Representatives in JOINT PUBLIC SESSION, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.
369
T or F
The responsibility for the canvassing of the votes in a presidential and vice presidential election and proclaiming the winners is given by the Constitution to the COMELEC.
FALSE
The responsibility for the canvassing of the votes in a presidential and vice presidential election and proclaiming the winners is given by the Constitution to both houses of
Congress in joint session and not to the COMELEC.
370
T or F
The joint public session of both Houses of Congress convened by express directive of Section 4, Article VII XXX has not, and cannot, adjourn sine die until it has accomplished its constitutionally mandated tasks.
True.
371
T or F
The Congress shall, at ten o'clock in the morning of the third (3rd) day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven (7) days, enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five (45) days or later than sixty (60) days from the time of such call.
True.
372
T or F
The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke or extend such proclamation or suspension OF PRIVILEGE OF HABEAS CORPUS OR DECLARATION OF MARTIAL LAW, which
revocation shall not be set aside by the President.
True.
373
T or F
Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a
period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
True.
374
T or F
He [President] shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.
True,
375
T or F
Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice President from among the
Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all
the Members of both Houses of the Congress, voting separately.
True.
376
T or F
The President shall nominate and, with the
consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the
rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution.
True
377
T or F
No treaty or international agreement shall be valid and effective unless concurred in by at least three fourths (3/4) of all the Members of the Senate.
False
No treaty or international agreement shall be valid and effective unless concurred in by at least two thirds (2/3) of all the Members of the Senate.
The Senate's ratification of a treaty makes it legally effective and binding by transformation. It then has the force and effect of statute enacted by Congress
378
T or F
Following ratification by the Senate, no further action,
legislative or otherwise, is necessary. Thereafter, the whole of
government-including the judiciary-is duty-bound to abide by
the treaty, consistent with the maxim pacta sunt servanda.
True
379
T or F
The Congress, by a vote of two thirds (2/3) of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war
True
380
What is war?
It is an armed hostility between two states
381
T or F
In times of war or other national emergency, the Congress may, by law. authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by RESOLUTION of the Congress, such powers shall cease upon the next adjournment thereof.
True.
382
T or F
| Generally, Congress is the repository of emergency powers.
True
383
What conditions must be met to grant emergency powers to the President?
Constitution deemed it wise to allow
Congress to grant emergency powers to the President, subject to certain conditions, thus:
(1) There must be a war or other emergency.
(2) The delegation must be for a limited period only.
(3) The delegation must be subject to such restrictions as the Congress may prescribe.
(4) The emergency powers must be exercised to carry out a national policy declared by Congress.
384
T or F
| Can the President declare a "state of national emergency" without legislation?
Yes. The Framers did not intend that Congress should first authorize the President before he can declare a "state of
national emergency."
385
T or F
In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.
True
386
T or F
"The State may, during the emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any privately owned public utility or business affected with public interest,"
it refers to the President, not the Congress.
False
"The State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest," it refers to Congress, not the President.
387
T or F
The temporary takeover by the government extends only to the operation of the business and not to the ownership
thereof. As such the government is not required to compensate the private entity-owner of the said business as there is no transfer of ownership, whether permanent or temporary.
True
388
Congress shall have the sole power to declare the existence of a state of war by vote of:
a. three-fourths of both Houses in joint session assembled, voting jointly;
b. two-thirds of both Houses in joint session assembled, voting jointly;
c. two-thirds of both Houses in separate session assembled, voting jointly;
d. two-thirds of both Houses in joint session, voting separately.
d. two-thirds of both Houses in joint session, voting separately.
389
What is the Regalian Doctrine?
It states that the exploration, development, and utilization of natural resources shall be under the full control and supervision of the
State.
390
T or F
The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least fifty per centum of whose capital is owned
by such citizens
False
The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least SIXTY per centum of whose capital is owned by such citizens
Such agreements may be for a period not exceeding twenty-five (25) years, renewable for not more than twenty five (25) years, and under such terms and conditions as may be provided by law.
391
T or F
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence
fishermen and fish workers rivers, lakes, bays, and lagoons.
True
392
Differentiate Legislative apportionment and Reapportionment.
Legislative Apportionment is found in Article 6 section 5. It is defined as the determination of the number of representatives which a State/county/other subdivision may send 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 districts. DOES NOT REQUIRE PLEBISCITE
Reapportionment is found in Art 10 Sec 10. It is the realignment or change in legislative districts brought about by changes in population and mandated by the constitutional requirement on equality of representation. REQUIRES PLEBISCITE
393
Is the twenty percent allocation for party-list representatives provided in Section 5(2), Article VI of the Constitution mandatory or is it merely a ceiling?
It is a ceiling. The twenty percent allocation —the combined number of all party-list congressmen shall not exceed twenty percent of the total membership of the House of Representatives, including those elected under the party list;
394
Differentiate Procedural and Substantive due process.
Procedural due process - refers to PROCEDURES THAT THE GOVERNMENT MUST FOLLOW before it deprives a person of life, liberty or property.
Substantive due process - ASKS WHETHER THE GOVERNMENT HAS AN ADEQUATE REASON for taking away a person's life, liberty or property.
395
Explain the Doctrine of Fair Comment
The doctrine of fair comment means that while in general every discreditable
imputation publicly made is deemed false, because every man is presumed innocent
until his guilt is judicially proved, and every false imputation is deemed malicious,
nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts.
