CONSTI Article 6 Section 17

Question 1

Section 17. 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 of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six 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.

Answer 1

The 1987 formula of proportional party representation reflects the Constitution’s
desire to encourage the growth of a multi-party system. It should
be noted, however, that representation in the Electoral Tribunals is given
to “political parties and the parties or organizations registered under
the party-list system.”

Question 2

HRET and SET purpose?

Answer 2

The innovation was in answer to “the long-felt need of determining legislative
contests devoid of partisan considerations.”

The effect of this provision, however, was not to divest the legislature
of all power relative to the election, returns, and qualifications of its
members and thus render it powerless to protect its own integrity. What
was transferred to the Electoral Commission was merely the power to
be the “sole judge of all contests.” The significance of this language was
explained in Vera v. Avelino thus:2 20
The Convention did not intend to give it all the functions of
the Assembly on the subject of election and qualifications of its
members. The distinction is not without a difference. “As used in
constitutional provisions,” election contest “relates only to statutory
contests in which the contestant seeks not only to oust the
intruder, but also to have himself inducted into office.”

Question 3

The Jurisdiction of the HRET begins only after the candidate is considered a Member of the House of Representatives. To be considered a member of the house of representatives there must be a concurrence of the following requisites:

Answer 3

1. A valid proclamation
2. a proper oath
3. assumption of office

Proper oath would be one taken before the Speaker of the House of Representatives in open sessions

In other words, it would seem that a proper oath can only be taken by a new Member of the House of Representatives only once it convenes, which would be on the fourth Monday of July as only then may congress meet in open session

The term of office of members of the House of Representatives commences only at noon of the thirtieth day of June next following their election, it would seem that said oath and assumption of office clearly cannot be done prior to said date, as the terms of their predecessors would, before said time and date, have not yet expired.

Question 4

Under the 2020 Rules of Procedure of the Senate Electoral Tribunal, a verified election protest contesting the election of a Member of the Senate shall be filed within

Answer 4

30 days after assumption of office by the protestee, and any quo warranto petition contesting the election of any Senator on the ground of inelegibility or disloyalty to the Republic of the Philippines may be filed by any registered voter within fifteen days after assumption of office of the respondent.

Question 5

The authority of the HRET and SET

Answer 5

is limited to maters affecting the validity of the protestants

Question 6

The purpose of The Commission on Appointments

Answer 6

To limit once again the President’s appointing power

Question 7

Ad interim

Answer 7

The appointments are made during the recess, subject to consideration later by the commission, for confirmation or rejection. Ad interim appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress,

Question 8

(Ad interim) Two different and separate modes of termination.

Answer 8

The validity of an ad interim appointment shall be allowed when
(a) until disapproval of the Commission on Appointments and
(b) adjournment of Congress, whether special or regular session.