CONSTI Article 6 section 9

Question 1

Elections of for the Congress of the Philippines were held on?

Answer 1

On the second Monday of May

Question 2

Congress may not be compelled by mandamus to provide for a special election to fill a vacancy in either chamber. True or false?

Answer 2

True

Question 3

Special election shall however not be necessary if the vacancy pertained to a seat occupied by party-list representative

Answer 3

In which case, the same would be filled by the next representative from the list of nominees in the order submitted to the Commission on Elections by the same party, organization or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization or coalition shall submit additional nominees

Question 4

Section 10. 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. What is the purpose

Answer 4

Its purpose is to place a “legal bar to the legislators yielding to the natural temptation to increase their salaries. Not that the power to provide for higher compensation is lacking, but with the length of time that has to elapse before an increase becomes effective, there is a deterrent factor to any such measure unless the need for it is clearly felt.”

Question 5

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. What is the purpose, Meaning?

Answer 5

It should be noted that an increase in salary does not take effect
“until after the expiration of the full term of all the Members of the
Senate and of the House of Representatives approving such increase.”
Although the term of Representatives is only three years, the term of
Senators is six years. It is only after the expiration of the six-year term
of Senators who approved the increase that the increase in salary becomes effective. Moreover, the retirement benefits of a legislator must be based on the salary in effect during his term and not on the increased salary of the subsequent term.

Question 6

Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six 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. The rule provides for two immunities:

Answer 6

Immunity from arrest and the privilege of speech and debate.

Question 7

Section 11. Immunity from arrest reason?

Answer 7

It is intended to ensure representation of the constituents of the member of the Congress by preventing attempts to keep him from attending its sessions

Question 8

Section 11. Immunity from the privilege of speech and debate reason?

Answer 8

Enables the legislator to express views bearing upon the public interest without fear of accountability outside the halls of the legislature for his inability to support his statements with the usual evidence required in the court of justice. In other words, he is given more leeway than the ordinary citizen in the ventilation of matters ought to be divulged for the public good

Question 9

Session meaning in Congress

Answer 9

Initial convening 4th Monday of July

Question 10

There are two requirements that must concurr in order that the privilege of speech and debate can be availed of by the member of the congress

Answer 10

The first is that the remarks must be made while the legislature or the legislative committee is functioning, that is, in session
The second is that they must be made in connection with the discharge of official duties.

Question 11

Privilege of speech and debate absolute?

Answer 11

The rule provides that the legislator may not be questioned in any other place, which means that he may be called to account for his remarks by his own colleagues in the Congress itself, when warranted, punished for disorderly behavior

Question 12

Incompatible offices

Answer 12

Section 13 of Article 6 of the Constitution, no Senator 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.

The purpose is to prevent him from owing loyalty to another branch of the government, to the detriment of the independence of the legislature and the doctrine of separation of powers

Question 13

Term vs. Tenure

Answer 13

Term means the time during which the officer may claim to hold the office as of right, and fixes the interval after which the several incumbents shall succeed one another, while tenure represents the period during which the incumbent actually holds the office.

In political theory, “term of office” and “tenure of office” are terms oftentimes contrasted with each other. Term of office refers to the period, either fixed by the Constitution or a statute, within which a public official may hold office. Tenure of office, on the other hand, is the period within which a public official actually held office within a prescribed term. In other words, term of office is fixed, while tenure of office is variable.

Question 14

Incompatible office is not absolute, not every other office or employment is to be regarded as incompatible with the legislative position. Intances?

Answer 14

If it can be shown that the second office is an extension of the legislative position or is in aid of legislative duties, the holding thereof will not result in the loss of the legislators seat in the Congress.

For example, membership in the Electoral Tribunals is permitted by the Constitution itself. As ex officio members in the UP Board of Regents, Legislators who serve as treaty negotiators under the President of the Philippines continue to sit in the Congress

Question 15

Incompatible office is not absolute, not every other office or employment is to be regarded as incompatible with the legislative position. Example

Answer 15

For example, membership in the Electoral Tribunals is permitted by the Constitution itself. As ex officio members in the UP Board of Regents, Legislators who serve as treaty negotiators under the President of the Philippines continue to sit in the Congress

Question 16

Forbidden office

Answer 16

But even if the member of the Congress is willing to forfeit his seat therein, he may not be appointed to any office in the government that has been created or the emoluments thereof have been increased during his term. Such position is a forbidden office.

The purpose is to prevent trafficking in public office. The appointment of the member of the Congress to the forbidden office is not allowed only during the term for which he was elected, when such office was created or its emoluments were increase. After such term, and even if the legislator is re-elected, the disqualification no longer applies and he may therefore be appointed to the office.

Question 17

Section 14. 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. Meaning and Purpose?

Answer 17

Appearance of the legislator is now barred before all courts of justice, regardless of rank, composition, or jurisdiction. The disqualification also applies to the revived Electoral Tribunals and to all administrative bodies, like the Securities and Exchange Commission and the NLRC. Courts martial and military tribunals, being administrative agencies, are included.

The purpose of the disqualification is to prevent the legislator from exerting undue influence, deleberately or not, upon the body where he is appearing.

The appearance is enough, considering the powers available to the legislator which he can exercise to reward or punish a judge deciding his case.

Question 18

Section 14, Article 6. Prohibited appearance must be personal. Why?

Answer 18

The pressure may not be intended; normally the appearance is enough, considering the powers available to the legislator which he can exercise to reward or punish a judge deciding his case or, in the case of the Electoral Tribunals, his close association with its members.

Question 19

Section 14, Article 6. The lawyer-legislator may still engage in the practice of his profession except?

Answer 19

that when it comes to trials and hearing before the bodies above-mentioned, appearance may be made not by him but by some other member of his law office.

It is quite clear that the personality of a law partnership is distinct from that of its partners.

Question 20

Section 14. 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. - Not every transaction with the government is barred by this provision. The contracts referred to here are

Answer 20

Those involving FINANCIAL INTEREST that is, contracts from which the legislator expects to derive some profit at the expense of the government.

Question 21

Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, 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. - A mandatory recess is prescribed for?

Answer 21

For the thirty-day period before the opening of the next regular session, excluding Saturdays, Sundays and legal holidays. This is the mininum period of recess and may be lengthened by the Congress in its descretion. It may however, be called in special session at any time by the President.

Question 22

Section 15, Article 6 - The President’s call is not necessary in some intances, Example?

Answer 22

• Congress meets to canvass the presidential elections
• Resolve a conflict between a majority of the members of the Cabinet and the President regarding the latter’s continuing ability to discharge the powers and duties of his office
• Congress reviews the President’s declaration of martial law or suspension of the privilege of the writ of Habeas corpus
• Special election
• Impeachment

Question 23

Section 15, Article 6 - Special session vs. Regular session

Answer 23

Special session, the congress may consider general legislation or only such subjects as the President may designate while in a regular session, the power of the Congress is not circumsbribe ( restrict, limit, set/impose limits on keep within bounds) except by limitations imposed by organic law.

Question 24

Section 16, Article 6. True or False, The President of the Senate and the Speaker of the House of the Representatives do not have a fixed term and may be replaced at any time at the pleasure of a majority of all the members of their respective chambers.

Answer 24

True, the legislative heads in the presidential system are highly political officers whose continued incumbency will depend upon the partisan alignments of their colleagues..