Chp8_Legislative Department

Question 1

Recite Section 1 Art VI of the Philippine Constitution

Answer 1

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.

Question 2

What are the other non-legislative powers discharged with by the congress?

Answer 2

1. canvass of presidential election
2. declaration of existence of state of war
3. confirmation of amnesties
4. presidential appointments
5. amendment or revision of Constitution
6. impeachment

Question 3

What are the composition of the Senate?

Recite Section 2 Art VI of the Philippine Constitution

Answer 3

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.

Question 4

What are the qualifications for senate?

Recite Section 3 Art VI of the Philippine Constitution

Answer 4

No person shall be a Senator unless he is

1. a natural-born citizen of the Philippines, and,
2. on the day of the election, is at least thirty-five years of age,
3. able to read and write, a registered voter, and
4. a resident of the Philippines for not less than two years immediately preceding the day of the election.

Question 5

What are natural born citizens according to Art VI Section 2 of the Constitution?

Answer 5

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Question 6

Recite the case of Espinosa vs. Aquino.

Answer 6

Upheld that Benigno Aquino, less than 35 y/o on election day but was 35 y/o before proclamation as senator.

Question 7

Define residence

Answer 7

Place where one habitually resides to which when he is absent, he has intention to return.

Question 8

T/F

A person can have two residences at the same time

Answer 8

False.

Acquisition of new residence results in forfeiture of old residence.

Question 9

What is expressio unius est exclusio alterus

Answer 9

a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded

-Congress cannot add qualifications by legislation, no matter how relevant they may be
Ex: college degree (Unconstitutional)

Question 10

Recite Section 4 Art VI of the Philippine Constitution

Answer 10

The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

No Senator shall serve for more than two 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.

Question 11

Enumerate the term of office of senators following the adoption of the Constitution

Answer 11

May 1987 to 1992: 1st 24: 5 years
May 1992 to 1998: 1st 12: 6 years
May 1992 to 1995: last 12: 3 years

Beginning 1995, 12 senators shall be elected every 3 years to serve full term of 6 years
May 1995 to 2000: 1st 12: 6 years

Question 12

The House of Representatives shall be composed of ______ in accordance to Sec 5 Art VI of the Constitution.

Answer 12

. (1) 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.

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this 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.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.
(4) 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.

Question 13

What is gerrymandering?

Answer 13

Arrangement of districts in a way as to favor the election of preferred candidates, expecting to win.

Question 14

Compact, according to the Constitution means

Answer 14

1. Contiguous
2. in Physical Contact
3. Adjacent
4. Close by/near

Question 15

Recite the case of Macias v Comelec

Answer 15

SC annulled the law wherein apportionment was not based on number of inhabitants.
-the authority for view on validity of legislative apportionment: Justiciable question.