CONSTI Article 6 Section 1-7 Flashcards
The Congress of the Philippines
the adoption of the former name of the lawmaking body will resurrect memories of freer days when the congress was a peer of the other two departments and in some respects even more powerful than either of them.
Unicameralism Years
- 1935 before it was amended in 1940
- Malolos Congress
- Taft Commission
Bicameralism started
The Philippine bill of 1902, consisting of Philippines Assembly and Philippine Commission, which under the Jones Law were replaced by the House of the Representatives and the Senate respectively
____________As it was called, was the pattern of the Congress of the Philippines that was organized under the 1940 constitutional amendments
The Philippine Legislature
ARTICLE VI THE LEGISLATIVE DEPARTMENT
Section 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.
Legislative power is now not exclusively vested in the Congress, in view of?
In view of the reservation made regarding initiative and referendum
except to the extent reserved to the people by the provision on initiative and referendum.
What is Initiative and Referendum
“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.
“Referendum” is the power of the electorate to approve or reject a legislation through an election called for the purpose. It may be of two classes, namely:
Congress also discharges powers of a non legislative nature among them:
- The Canvass of the presidential elections
- The declaration of the existence of a state of war gh
- The confirmation of amnesties
- Commisson on Appointmens (Presidential appointments)
- The amendment or revision of the Constitution
- Impeachment
Differences Senate and Congress (Section 2 of Article 6, By providing for a membership elected at large)
- This **rule intends to make the Senate a training ground for national leaders and possibly a springboard to the Presidency. **The feeling is that the senator, having a national rather than only a district constituency, will have a broader outlook of the problems of the country instead of being restricted by parochial viewpoints and narrow interests.
- The Senate is likely to be more circumspect and broad-minded than the House of Representatives.
The qualifications for membership in the Senate are laid down in Section 3 as follows:
- Natural-born citizen of the Philippines
- Atleast 35 years old on the day of election
- able to read and write
- a registered voter
- a resident of the Philippines for not less than two years immediately preceding the day of election
Natural born citizen meaning?
- 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 2, hereof shall be deemed natural-born citizens
Age of qualification (Senate)
The age qualification is fixed at 35 and must be possessed on the day of the elections, that is when the polls are opened and the votes are cast, and not on the proclamation of the winners by the board of canvasses. In Espinosa vs. Aquino, (Electoral Case No. 9, Senate Electoral Tribunal (SET), the election of the late Senator Benigno S. Aquino, Jr. was upheld, despite his not being of the required age on the day of the election, although he celebrated his thirty-fifth birthday before his proclamation. The holding in Aquino was subsequently nullified by the adoption of the 1987 Constitution (Art. VI, Sec. 3), which specified that the age qualification must be possessed on the day of the elections, and not on the day of the proclamation of the winners by the board of canvassers.
Residence meaning
Residence is defined as the place where one habitually resides and to which, when he is absent, he has the intention of returning.
The term residence is to be understood not in its common acceptation as refering to “dwelling” or “habitation,” but rather ‘domicile’ or legal residence
‘domicile’ or legal residence, that is the place where a party actually or constructively has his permanent home, where he , no matter where he may found at any given time, eventually intends to return and remain.
Domicile Meaning
- According to SC, denotes a fixed permanent residence to which, whenever absent for business, pleasure, or some other reasons, one intends to return.
- Domicile, It is a question of intention and circumstances
In the consideration of circumstances, three rules must be borne in mind,namely:
- That a man must have a residence or domicile somewhere
- when once established it remains until a new one is acquired
- a man can have but one residence or domicile at a time
if one whishes to successfully effect a change of domicile, he must demonstrate an actual removal or an actual change of domicile, a bona fide (sincerely; without intention to deceive.) intention of abandoning the former place of residence and establishing a new one, and definite acts which correspond with the purpose.
According to Poe v Comelec, There are three requisites to acquire a new domicile:
- Residence or bodily presence in a new locality
- an intention to remain there
- an intention to abandon the old domicile
Animus manendi
Legal residence (animus manendi) is the place from which one could or might depart, or be absent temporarily for a certain purpose and to which he always intended to return (animus revertendi)
Reason for the residency requirement
The SC explained that officials of districts or localities should not only be acquainted with the metes and bounds of their constituencies; more importantly, they should know their constituencies and the unique circumstances of their constituents —- their needs,difficulties, aspirations, potentials for growth and development, and all matters vital to their common welfare. Familiarity, or the opportunity to be familiar, with these circumstances can only come with residency in the constituency to be represented. At the same time, the constituents themselves can best know and evaluate the candidates’ qualifications and fitness for the office if these candidates have lived among them
The qualifications presribed in this (residency) section are continuing requirements, same is true with natural-born citizens. True or False
True, a continuuing requirements, that is, they must be prossessd for the entire duration of the member’s incumbency, If a legislator should, say ,be naturalized in a foreign country during his term, he shall cease to be entitled to his seat
Beginning 1995, twelve senators were elected every three years, to serve the full term of six years. What is the reason?
So that unlike the House of Representatives, the Senate shall not at any time be completely dissolved. One-half of the membership is retained as the other half is replaced or reelected every three years.
“Continuing” institution meaning (Senate)
as it not dissolved as an entity with each national election or change in the composition of its members.
The continuity of the life of the Senate is intended to?
Encourage the maintenance of Senate policies as well as guarantee that there will be experienced members who can help and train newcomers in the discharge of their duties.
The Senator can serve no more than twelve consecutive years. Why
Because they may entrench (to firmly establish) themselves in power to the exclusion of other aspirants for their office and perhaps also create or maintain the political dynasties discouraged and eschewd (refrain from) Article 2 as a matter of state policy
Section 5(1) Article 6 of the Constitution prescribes that district representatives “shall be elected
from legislative districts apportioned (divide and allocate.) among the following:
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.”
The underlying principle behind this rule for apportionment
is
the concept of equality of representation which is a basic principle
of republicanism. One man’s vote should carry as much weight as the
vote of every other man. In a representative system, this equality is
ensured by requiring that the representatives represent as much as possible
an equal number of constituents.
The House of Representatives Composition. Two kinds of Members, what are they
The district representative and the party-list representative
District Representative v Party-list representative
District Representative is elected directly and personally, from the territorial unit he is seeking to represent while Party-list representative is chosen indirectly, through the party he represents, which is the one voted for by the electorate. The party-list system is an innovation of the 1987 Constitution and its wisdo and efficacy are still both doubted and challenged to this day.
What is the reason for the introduction of the party-list system?
It is hoped that the system will democratize(make (something) accessible to everyone) political power by encouraging the growth of a multi-party system while at the same time giving power to those who traditionally do not win in elections.
Representing the Marginalized and underprivileged
Within ?????? years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.
Three
Gerrymandering
Which is the arrangement of districts in such a way as to favor the election of preferred candidates (usually re-electionist) through the inclusion therein only of those areas where they expect to win, regardless of the resultant shape of such districts.
Reapportionment
is defined as the realignment or change in legislative districts brough about by changes in population and mandated by the constitutional requirement or equality or representation.
Party-list system provides for three different groups namely:
- National parties or organizations
- Regional Parties or organization
- Sectoral Parties or organization
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
Sectoral wing
Is by itself an independent sectoral party, and is linked to a political party through a coalition. 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
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
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.
Track record are no longer required to adduce evidence showing proof of activities that they have undertaken to further the cause of the sector they represent. It is sufficient that the ideals represented by sectoral organizations are geared towards the cause of the sectors which they represent. As a ruled in Atong Paglaum, This requirement is imposed only upon the nominees of?
Sectoral parties who do not belong to or are not bona fide or genuine members of said sectors.
Upon registration, the political group shall submit to the COMELEC not later than 45 days before the election atleast ??? names
5 names from which its representatives may be chosen in case it obtains the required number of votes.
The purpose of the residence requirement is to
Ensure familiarity with the conditions and problems of the constituency sought to be represented and the consequent efficiency and concern in the discharge of legislative duties on its behalf.
The term of the members of the House of the Representatives - One purpose in reducing the term?
to three years is to synchonize elections, which in the case of the Senate are held at Three-year intervals.
