Consti Midterms Flashcards
What is Separation of Powers?
The principle of separation of powers ordains that each of the three great government branches has EXCLUSIVE COGNIZANCE of and is SUPREME in concerns falling within its own constitutionally allocated sphere.
Can Legislative powers be delegated?
NO. /potestas delegata non delegari potest/ “what has been delegated, cannot be delegated.” This doctrine is based on the ethical principle that such as delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another.
What are the instances can legislative powers be delegated, if any?
PLATE
PEOPLE through initiative and referendum; LOCAL Government Units (LGU); ADMINISTRATIVE Bodies; President on TARIFF powers – Art. VI, Sec. 28(2); President on EMERGENCY powers – Art. VI 23(2)
What is contingent legislation?
It is the underlying principle which permits the legislature to provide that the administrative agent may determine the circumstances when the application of a law is required.
The legislature, as it is its duty to do, determines that, under given circumstances, certain executive or administrative action is to be taken, and that, under other circumstances, different or no action at all is to be taken. What is thus left to the administrative official is not the legislative determination of what public policy demands, but simply the ASCERTAINMENT of what the FACTS of the case require to be done according to the terms of the law by which he is governed.
What is the case of ABAKADA vs. Ermita?
Petitioners are contesting the constitutionality of RA 9337 which authorizes the President, upon the recommendation of the Secretary of Finance, to raise the VAT rate to 12% when certain conditions are satisfied (GDP growth of 2.8% with regards to VAT collections and 1.5% with regards to National government deficit). They are claiming that it it unconstitutional because it is an undue delegation of legislative power – abandonment by Congress of its exclusive authority to fix the rate of taxes under Article VI, Section 28(2) of the 1987 Constitution.
However, the Court held that there was no undue delegation of powers. What the RA vested to the President (and the Secretary of Finance) is merely the determination of facts on when the law shall be implemented (contingent legislation).
What is the case of Edu vs. Ericta?
Petitioners are contesting the constitutionality of the Administrative Order No. 2 of the LTC, which implements the Reflector Law, as this was an undue delegation of legislative power on the grounds that there is no express standard and it has a provision that is penal in nature.
However, the Court held that there was no undue delegation of powers. It has a standard, albeit implied, which is public safety. Furthermore, the penal provision is not unconstitutional as an already existing statute (RA 4136) has a penal provision to the same effect.
(1) Can you delegate legislative power to Administrative Bodies? (2) Make rules and regulations? (3) Can the rules and regulations be penal in nature? If so, when?
(1) YES; (2) YES; (3) YES (4) When it is published, an existing statute penalizes such act, the penalty is specified.
What are the tests used to determine there was no delegation of powers?
COMPLETENESS test and SUFFICIENT STANDARD test. Completeness requires that is must be complete in all its terms and provisions such that all the delegate will have to do when the statute reaches it is to implement it – discretion to determine how the law shall be enforced. Sufficient standard requires that there be boundaries of the delegate’s authority.
Why do you delegate legislative powers?
Because we recognize the continuing complexity of our society that the only way for legislative process to move forward is to delegate legislative powers to agencies who are better equipped with the knowledge, subject to limitations.
What is Post-enactment Congressional measure?
Means that the Congress still has power/jurisdiction over the law even after it was already given to the Executive branch.
Is Post-enactment Congressional measure allowed?
YES but only for Scrutiny and Investigation in aid of legislation. Supervision is not allowed.
What is the difference, if any, on initiative and referendum for the Constitution and statute?
Initiative and Referendum for the Constitution is proposing AMENDMENTS; for the statute, it is proposing it ENACTMENT (i.e., proposing a new law)
Did Marcos exercised legislative powers? Constituent powers? If so, what is the basis?
YES as provided in the 6th amendment in the 1935 Constitution. YES as the Court held in the case of Sanidad vs. COMELEC that in line with the president’s legislative power, he can also propose amendments to the Constitution.
Did Corazon Aquino exercised legislative powers? Throughout her whole term?
YES. NO. She only exercised legislative powers until the Freedom Constitution. When the 1987 Constitution came in to full force and effect, the legislative power is vested exclusively to the Congress.
Who can be Senators?
[Article VI, Sec. 3] Any natural-born Filipino citizen, 35 years of age on the day of elections, able to read and write, is a registered voter, and with residency of 2 years here in the Philippines prior to the day of elections.
Who can be a member of the House?
[Article VI, Sec. 6] Any natural-born Filipino citizen, 25 years of age on the day of elections, able to read and write, is a registered voter, and 1 year residence prior to the day of elections
- for legislative district representatives: in the district he shall be elected
- for party-list representatives: in the Philippines
What is the transitory provision with regards to the synchronization of the elections?
[Article XVIII, Sec. 2] The Senators, Members of the House of Representatives, and the local officials first elected under the 1987 Constitution shall serve UNTIL noon of June 30, 1992.
Of the Senators elected in 1992, the 12 members obtaining the highest number of votes shall serve for 6 years and the remaining members for 3 years.
If the city has a population of 450,000, can it have 2, 3 or more representatives?
YES. The minimum requirement (250,000) gives you 1 representative and anything beyond that, it is within the legislative’s discretion to add more.
What are the legislative districts? Do they all need a population requirement?
Cities and provinces. NO, only cities require the 250,000 population requirement.
What is the case of Sema vs. COMELEC?
The Court was asked to rule on whether RA 9054, delegating to the ARMM Regional Assembly the power to create provinces, cities, municipalities and barangays, is constitutional; and if in the affirmative, whether a province created by the ARMM Regional Assembly under MMA Act 201 is entitled to one representative in the House of Representatives without need of a national law creating a legislative district for such province.”
The Court held that RA 9054 is unconstitutional insofar as it grants to the ARMM Regional Assembly the power to create provinces and cities. To create provinces and cities is to create more representatives of the House, which is a power exclusively vested to the Congress.
Do you need to be physically present to claim residency? What are the ways to claim residency?
NO. Animus manendi & Animus non revertendi
