B. Bicameral Congress Flashcards
B. Bicameral Congress
1. Senate
2. House of Representatives
a) District Representatives and Mechanics of Apportionment
b) Party-List System
Qualifications to run as Senator
- Natural-born citizen of the Philippines;
- At least 35 years of age;
- Able to read and write;
- A registered voter;
- Resident of the Philippines for not less than 2 years immediately preceding the day of election.
(Sec. 3, Art. VI, 1987 Constitution)
Qualifications to be members of the HOR.
- Natural-born citizen of the Philippines;
- At least 25 years of age on the day of election
XPN: Youth sector nominees must be at least 25 years of age but not more than 30 years of age on the day of election. (Sec. 9(2), R.A. No. 7941)
- Able to read and write;
- Except the party-list representatives, a registered voter in the district in which he shall be elected;
- Resident thereof for a period of not less than 1 year immediately preceding the day of the election.
(Sec. 6, Art. VI, 1987 Constitution)
Grounds for Disqualification of Members of Congress
Grounds for Disqualification of Members of Congress
- One who has been declared by competent authority as insane or incompetent; or
- One who has been sentenced by final judgment for: (SIR-18-M)
a. Subversion;
b. Insurrection;
c. Rebellion;
d. Any offense for which he has been sentenced to a penalty of more than 18 months; or
e. A crime involving Moral turpitude.
XPN: When the offender has been given plenary or pardon or granted amnesty.
(Sec. 12, B.P. 881)
How are legislative districts apportioned?
Legislative districts are apportioned in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio. (Sec. 5(1), Art. VI, 1987 Constitution
What is legislative reapportionment?
Legislative apportionment is the determination of the number of representatives which a State, country, 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. (Bagabuyo v. COMELEC, G.R. No. 176970, 08 Dec. 2008)
How are cities and provinces apportioned?
Each city with a population of at least 250,000 shall have at least one representative.
Each province, irrespective of the number of inhabitants, shall have at least one representative. (Sec. 5(3), Art. VI, 1987 Constitution)
Does a city have to be increase its population by another 250,000 to be entitled to an additional district?
While Sec. 5(3) of Art. VI requires a city to have a minimum population of 250,000 to be entitled to one representative, it does not have to increase its population by another 250,000 to be entitled to an additional district. (Senator Aquino III v. COMELEC, G.R. No. 189793, 07 Apr. 2010
What is the incidental effect when one of the municipalities of a congressional district is converted to a city that is large enough to entitle it to one legislative district?
When one of the municipalities of a congressional district is converted to a city that is large enough to entitle it to one legislative district, the incidental effect is the splitting of district into two.
The incidental arising of a new district in this manner need not be preceded by a census. (Tobias v. Abalos, G.R. No. L-114783, 08 Dec. 1994
What is Reapportionment?
Reapportionment is the realignment or change in legislative districts brought about by changes in population and mandated by the constitutional requirement of equality of representation. (Bagabuyo v. COMELEC, G.R. No. 176970, 08 Dec. 2008)
How is reapportionment done?
Reapportionment may be made through a special law.
The Constitution does not preclude the Congress from increasing its membership by passing a law other than a general reapportionment law.
To hold that reapportionment can only be made through a general apportionment law, with a review of all the legislative districts allotted to each local government unit nationwide, would create an inequitable situation where a new city or province created by Congress will be denied legislative representation for an indeterminate period of time. Thus, a law converting a municipality into a highly urbanized city automatically creates a new legislative district and, consequently, increases the membership of the HoR. (Mariano, Jr. v. COMELEC, G.R. No. 118577, 07 Mar. 1995)
When is a plebiscite required in relation to creation of new legislative districts?
The Constitution does not require a
plebiscite for the creation of a new legislative
district by a legislative reapportionment. It is
required only for the creation of new local
government units. (Bagabuyo v. COMELEC, 2008,
G.R. No. 176970, 08 Dec. 2008)
