[Constitutional Law 1] 3.0 Legislative Branch (Finals Review) Flashcards
1
Q
Where shall the legislative power be vested? What is the exception?
A
The legislative power shall be vested in Congress except to the extent reserved to the people by the provision on initiative and referendum. (Art. VI Sec 1 CONST)
2
Q
How many Senators shall there be in the Senate?
A
The Senate shall be composed of 24 Senators (Art. VI Sec. 2 CONST)
3
Q
What are the qualifications of a Senator?
A
Art VI Sec 3 CONST:
a. Natural-born citizen of the Philippines
b. At least thirty-five years of age on the day of the election
c. Able to read and write
d. Registered voter
e. Resident of the Philippines for not less than two years immediately preceding the day of the election.
4
Q
What are the rules regarding the term of office of a Senator?
A
Art VI Sec 4 CONST
a. Senators shall serve for a term of six years
b. The term shall commence at noon on June 30 next following the election (unless otherwise provided by law)
c. No Senator shall serve for more than two consecutive terms.
d. Voluntary renunciation shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.
5
Q
What are the requirements for Initiative and Referendum?
A
Art VI Sec 32 CONST:
- Petition must be signed by at least ten per centum of the total number of registered voters,
- Every legislative district must be represented by at least three per centum of the registered voters in each district
6
Q
What happens in an initiative or referendum?
A
Art VI Sec 32 CONST:
People can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor
7
Q
How many Members of the House of Representatives shall there be according to the Constitution?
A
Art VI Sec 5:
not be more than 250 members unless otherwise fixed by law.
8
Q
How shall the Representatives be elected?
A
The Representatives shall be elected from legislative districts (Art VI Sec 5)
9
Q
How shall legislative districts be apportioned?
A
Article VI Sec 5
- The legislative districts shall be apportioned among provinces, cities, and the Metropolitan Manila area, according to the number of their respective inhabitants
- The apportionment shall be on the basis of a uniform and progressive ratio
10
Q
How many of the Representatives shall be under the Party-list system?
A
Party List Representatives shall be 20% of the total number of representatives including those under the party list (ART VI SEC 5 CONST)
11
Q
What sectors will be entitled to reserved allocation of seats for three consecutive terms after the ratification of the 1987 Constitution?
A
Art. VI Sec 5:
One-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from:
a. Labor,
b. Peasant,
c. Urban poor,
d. Indigenous cultural communities,
e. Women,
f. Youth, and
g. Such other sectors as may be provided by law
h. Except religious sector
12
Q
What shall comprise legislative districts?
A
Art VI Sec 5:
Each legislative district shall comprise as far as practicable;
- Contiguous;
- Compact; and
- Adjacent territory
13
Q
What is the minimum population in order to be entitled to at least 1 representative for cities?
A
Art VI Sec 5
At least 250,000 population for a city = at least 1 representative
14
Q
How often can legislative districts be reapportioned?
A
Art VI Sec 5
Within three years following the return of every census
15
Q
The term “residence” in election law is synonymous with “_____.”
A
The term “residence” in election law is synonymous with “domicile” (Limbona v. COMELEC).
16
Q
What does “domicile” mean?
A
“Domicile” imports not only intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention (Limbona v. COMELEC).
Domicile: (1) intent to reside; (2) personal presence; (3) conduct indicative of intent
17
Q
What are the rules to determine the residence of a person?
A
In Limbona v. COMELEC:
Rules by which residence may be determined:
(1) man must have residence or domicile somewhere;
(2) where once established it remains until a new one is acquired; and
(3) a man can have but one domicile at a time.
18
Q
What must concur in order to acquire a domicile by choice?
A
In Limbona v. COMELEC
In order to acquire domicile by choice:
(1) residence or bodily presence in the new localilty;
(2) an intention to remain there; and
(3) an intention to abandon the old domicile
19
Q
When will a person’s domicile cease to be his or her domicile?
A
A person’s domicile ceases when a new domicile is established.
In Limbona v. COMELEC
A person’s “domicile” once established is considered to continue and will not be deemed lost until a new one is established.
20
Q
What must a person do in order to successfully effect a change of domicile?
A
In Limbona v COMELEC
To successfully effect a change of domicile one must:
(1) demonstrate an actual removal or an actual change in domicile;
(2) a bona fide intention of abandoning the former place of residence and establishing a new one; and
(3) definite acts which correspond with the purpose.
In other words:
Animus Manendi + Animus Non Revertendi = change of domicile
21
Q
What are the requirements for the change of domicile?
A
In Limbona v. COMELEC
(1) The purpose to remain in or at the domicile of choice must be for an indefinite period of time;
(2) the change of residence must be voluntary;
(3) the residence at the place chosen for the new domicile must be actual.
22
Q
What is the difference between term and tenure?
A
In Dimaporo v. Mitra:
The term of office prescribed by the Constitution may not be extended or shortened by the legislature (22 R.C.L.), but the period during which an officer actually holds the office (tenure), may be affected by circumstances within or beyond the power of said officer. Tenure may be shorter than the term or it may not exist at all. These situations will not change the duration of the term of office (see Topacio Nueno v. Angeles 76 Phil 12).
23
Q
What is the meaning of “tenure”?
A
Tenure is the period during which an officer actually holds the office (Dimaporo v Mitra).
24
Q
What is the meaning of “term”?
A
Term of office is prescribed by the Constitution and may not be extended or shortened by the legislature. Term is the Constitutionally prescribed period by which an officer may be allowed to serve in his office.
Tenure must be equal or less than the term of office.
25
What is the definition of Legislative Apportionment?
In Bagabuyo v. COMELEC:
Legislative apportionment as defined by Black's Law Dictionary is the determination of the number of representatives which a State, county or other subdivision may send to a legislative body;
It is the allocation of seats in a legislative body in proportion to the population;
The drawing of voting district lines so as to equalize population and voting power among the districts.
26
What is the definition of Legislative Reapportionment?
In Bagabuyo v. COMELEC (as defined by Black's Law):
Reapportionment is the REALIGNMENT or CHANGE in legislative districts brought about by changes in population and mandated by the Constitutional requirement of equality of representation.
27
What is the aim of legislative apportionment?
In Bagabuyo v. COMELEC:
The aim of legislative apportionment is "to equalize population and voting power among districts."
28
Is a plebiscite required in order to reapportion a legislative district?
No, a plebiscite is not required in order to reapportion a legislative district. As held in Bagabuyo v. COMELEC:
No plebiscite requirement exists under the apportionment or reapportionment provision (Article VI Sec 5 CONST).
29
What is the difference between a legislative district and a local government unit?
In Bagabuyo v. COMELEC:
A legislative district is merely a representative unit and, unlike a local gov't unit, is not a political subdivision through which functions of government are carried out.
The LGU is a corporate unit while the legislative district is not a corporate unit.
An LGU acts for and in behalf of the people within its territory, a legislative district does not. It merely delineates the areas occupied by the people who will choose a representative in their national affairs.
30
What does the Constitution place as a standard for the equality of representation of legislative districts?
The Constitution provides, in Art VI Sec 5, that:
each city with a population of at least 250,000 shall have at least one representative;
Every legislative district should comprise, as far as practicable, contiguous, compact and adjacent territory.
31
What are the qualifications of Members of the House of Representatives?
Article VI Sec 6:
a. Natural-born citizen of the Philippines
b. At least 25 years old on the day of the election
c. Able to read and write
d. Registered voter in the district in which he shall be elected (except for party-list)
e. Resident in the same district of not less than one year immediately preceding the day of the election (except for party-list)
32
What are the rules on the terms of office of Members of the House of Representatives?
Article VI Sec 7:
a. Term of three years
b. Term shall begin at noon on the 30th day of June next following their relection
c. Service shall not be more than three consecutive term
33
When shall Congressional elections be held?
Article VI Sec 8:
Second Monday of May (unless otherwise provided by law).
34
What type of party system shall the Philippines adopt?
A free and open party system.
Article IX-C Sec. 6: A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article.
35
When shall votes in favor of a political party become valid?
The votes shall be valid when the political party is registered under the party-list system as provided in the Constitution.
Article IX-C Sec. 7: No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.
36
Are political parties registered under the party-list system allowed to sit in the board of canvassers?
No, political parties registered under the party-list system are not allowed to sit in the board of canvassers.
Article IX-C Sec. 8: Political parties, or organization or coalitions registered under the party-list system, shall not be represented in the voter's registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.
37
Is the 250,000 population requirement in the Constitution in Art VI Sec 5 also applicable to provinces?
Yes, under Sec. 5 (3) Article VI
Each city with a population of at least 250,000, or each province, shall have at least one representative.
38
Should an additional district have 250,000 population in order to be created?
No. In Aquino v COMELEC:
While Section 5(3) Article VI of the Constitution requires a city to have a minimum population of 250,000 to be entitled to a representative, it does not have to increase its population by another 250,000 to be entitled to an additional district.
39
By what legislative act shall the apportionment of legislative districts be made?
Legislative districts shall be created or apportioned via:
1. General Apportionment Law
2. Special Law
In Mariano v COMELEC:
To hold that reapportionment can only be made through a general apportionment law, with a review of all the legislative districts allotted to each local government unit nationwide, would create an inequitable situation where a new city or province created by Congress will be denied legislative representation for an indeterminate period of time.
40
What is the rule of construction on the "one title-one subject" rule for Congressional bills?
Liberal construction.
In Mariano v. COMELEC, citing Tobias v. Abalos:
It should be sufficient compliance if the title expresses the general subject and all the provisions are GERMANE to such general subject.
41
Is the party-list system synonymous with sectoral representation?
No, the party-list system is not synonymous with sectoral representation.
In Atong Pagalaum v. COMELEC:
Hence, the clear intent, express wording, and party-list structure ordained in Section 5 (1) and (2), Article VI of the 1987 Constitution cannot be disputed: the party-list system is not for sectoral parties only, but also for non-sectoral parties.
42
What are the three different groups that make-up the party-list system?
In Atong Paglaum v. COMELEC:
The party-list system is composed of three different groups:
1. national parties or organizations;
2. regional parties or organizations;
3. sectoral parties or organizations.
43
Do national and regional parties or organizations need to represent particular sectors?
No, national and regional parties do not need to represent any particular sector (Atong Paglaum v COMELEC).
44
What is the law that defines and provides for rules and guidelines on the party-list system?
R.A. 7941 - The Party-List System Act
45
According to RA 7941, what is a political party?
In RA 7941:
Elements of a political party:
1. organized group of citizens;
2. advocating an ideology or platform, principles and policies for the general conduct of government; and which
3. regularly nominates and supports certain of its leaders and members as candidates for public office
A political party refers to an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office.
46
When is a political party considered a national party, and when is it a regional party??
According to RA 7941:
It is a national party when:
1. constituency is spread over the geographical territory of AT LEAST A MAJORITY OF THE REGIONS.
It is a regional party when:
1. constituency is spread over the geographical territory of AT LEAST A MAJORITY OF THE CITIES AND PROVINCES COMPRISING THE REGION.
47
What are sectoral parties according to RA 7941?
According to RA 7941:
A sectoral party refers to an organized group of citizens belonging to any of the sectors enumerated in Section 5 hereof whose principal advocacy pertains to the special interest and concerns of their sector.
Section 5 RA 7941:
Sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.
48
What is a sectoral organization?
RA 7941:
A sectoral organization refers to a group of citizens or a coalition of group of citizens who share similar physical attributes or characteristics, employment, interests or concerns.
49
What is a coalition?
RA 7941:
A coaliltion refers to an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes.
50
What are the grounds for the cancellation or refusal of the registration of parties or organizations applying for the party-list system?
Section 6 RA 7941: Refusal and/or Cancellation of Registration:
1. it is a religious sect or denomination, organization or association organized for religious purposes;
2. it advocates violence or unlawful means to seek its goal;
3. It is a foreign party or organization;
4. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;
5. It violates or fails to comply with laws, rules or regulations relating to elections;
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least one (1) year; or
8. It fails to participate in the last two(2) preceding elections or fails to obtain at least two percentum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.
51
Can political parties participate in party-list elections?
Yes, 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. (Atong Paglaum v. COMELEC)
However, a political party (whether major or not), that field candidates in legislative district elections can participate in party-list elections only through its sectoral wing that can separately register under the party-list system.
52
What is the sectoral wing?
The sectoral wing is the mechanism by which political parties who field candidates in legislative districts can participate in the party-list system. The sectoral wing is by itself an independent sectoral party, and is linked to a political party through a coalition. (Atong Paglaum v COMELEC)
53
What are the two types of sectoral parties, as provided in the case of Atong Paglaum v COMELEC?
1. marginalized and underrepresented; or
2. lacking in well-defined political constituencies
Sectoral parties or organizations may either be marginalized and underrepresented, or lacking in well-defined political constituencies. (Atong Paglaum v COMELEC).
54
What sectors are marginalized, and what are lacking in political constituencies?
Marginalized sectors: labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, and overseas workers.
Lacking political constituencies: youth, women, elderly, professionals.
(Atong Paglaum v COMELEC).
55
What is the requirement for the nominees of the party-list groups?
Atong Paglaum v COMELEC:
The nominees of sectoral parties or organizations that represent the "marginalized and underrepresented," or that represent those who lack "well-defined political constituencies," either must belong to their respective sectors, OR must have a TRACK RECORD OF ADVOCACY for their respective sectors.
The nominees of national and regional parties or organizations must be bona-fide members of such parties or organizations.
56
What is the requirement regarding the membership composition of sectoral parties that represent the "marginalized and underrepresented"?
Atong Paglaum v COMELEC:
A majority of the members of sectoral parties or organizations that represent the "marginalized and underrepresented" must belong to the "marginalized and underrepresented" sector they represent.
Similarly, a majority of the members of sectoral parties or organizations that lack "well-defined political constituencies" must belong to the sector they represent.
57
Shall party-list applicants be disqualified if some of their nominees are disqualified?
No. In Atong Paglaum v COMELEC:
National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, PROVIDED THAT they have AT LEAST ONE nominee who remains qualified.
58
When shall a party-list be guaranteed a seat in the House of Representatives?
A party-list shall be guaranteed one seat in the House of Representatives when it garners at least 2% of votes of all the votes cast for the party-list system (RA 7941; BANAT v COMELEC).
59
What did the case of BANAT rule as unconstitutional in RA 7941?
BANAT ruled out as unconstitutional the second clause of Section 11 (b) or RA 7941 -- the 2% requirement in order to gain an additional seat because such practice could not fulfill the constitutional mandate of having 20% of seats in the House of Representatives allocated to party-list groups.
60
How will the additional seats be distributed in the BANAT computation?
The additional seats will be allocated to all party-list candidates even if the party-list candidate has not met the 2% threshold for the additional seats. The party-list candidates will be ranked according to number of votes, and their percentage in relation to the remaining seats will determine how many additional seats they will get. If a party list gets 2.5%, the party will get two additional seats. If a party list gets 1.90%, the party will get one additional seat. If a party list gets 0.90%, the party list gets one additional seat.
However, provided that: (1) those who did not meet the initial 2% threshold are not guaranteed 1 seat, and must wait for the additional seats in a "wait-list" system of distribution; and (2) there shall be 3 seat cap.
61
What is the maximum number of seats that may be allocated to a party-list group?
The maximum number of seats shall be 3 seats (RA 7941; BANAT v COMELEC).
62
What are the four parameters in a Philippine-style party-list election system?
In BANAT Resolution, the Court provided the four parameters in a PH Party-list election system:
1. 20% Allocation: 20% of the total number of the membership of the House of Representatives is the maximum number of seats available to party-list organizations.
2. 2% Threshold: Garnering 2% of the total votes cast in the party-list election guarantees a party-list organization one (1) seat.
3. Additional seats: The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the party-list organizations including those that received less than 2% of the total votes. This distribution will continue until all the seats have been filled.
N.B. The continued operation of the 2% threshold to the allocation of the additional seats is unconstitutional because this threshold mathematically and physically prevents the filling up of the available party-list seats.
4. 3-seat cap: The three-seat cap is constitutional.
Note: It is intended by the Legislature to prevent any party from dominating the party-list system. There is no violation of the Constitution because the 1987 Constitution does not require absolute proportionality for the party list system.
63
Are the list of sectors for sectoral party applicants to the party-list system exclusive?
No, the Supreme Court in the case of Ang Ladlad Party-list ruled that the enumeration of marginalized and under-represented sectors is not exclusive (citing Ang Bagong Bayani).
The sectors are not limited to labor, peasant, fishermen, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.
64
Are term-sharing agreements among party-list nominees allowed?
No, term-sharing agreements among party-list nominees are not allowed. In Coalition of Senior Citizens v COMELEC, the Supreme Court held that the petitioner did not violate any election law as it did not implement its term-sharing agreement. Hence, term-sharing agreement, when implemented, is a violation. Thus, term-sharing is not allowed.
65
Is the rule that an already accredited party-list need not register anew for the purposes of subsequent elections absolute?
No, the rule that an accredited party-list need not register anew for subsequent elections is not an absolute rule. As held in the case of COCOFED v COMELEC:
A party-list group's previous registration confers no vested right to the maintenance of its registration. In order to maintain a continuing compliance status, the party must prove not only its continued possession of the requisite qualifications but, equally, must show compliance with the basic requirements of the law.
66
What are the two requirements to maintain continuing compliance status of a party-list group under the party-list system?
In COCOFED v COMELEC:
The two requirements to maintain continuing compliance are:
1. continued possession of the requisite qualifications; and
2. compliance with the basic requirements of the law.
67
Why is there a need to submit five nominees despite having a three seat cap for party-list groups in the House of Representatives?
In COCOFED v COMELEC:
The purpose of submitting the complete list of five nominees is in order to apprise the electorate of the individuals behind the party they are voting for because the identity of these five nominees carries critical bearing on the electorate's choice, and for succession purposes (in case one of the nominees are disqualified or terminates his/her tenure).
68
Are party-list groups required to present evidence of track record when applying as sectoral parties?
No, in Abang Lingkod v COMELEC, pursuant to Atong Paglaum v COMELEC, the Supreme Court held that party-list groups applying as sectoral parties need not present evidence of track record.
It is sufficient that the ideals represented by the sectoral organizations are geared towards the cause of the sector/s which they represent.
Evidence of showing a track record in representing the sectors is only required from nominees of sectoral parties or organizations that represent the marginalized and underrepresented WHO DO NOT FACTUALLY BELONG TO THE SECTOR REPRESENTED BY THEIR ORGANIZATION.
69
Shall all misrepresentation committed by a party-list applicant merit a cancellation/refusal of registration/application?
No, in Abang Lingkod v COMELEC:
Not every misrepresentation would merit the denial or cancellation of their registration under the party-list system. The misrepresentation MUST RELATE TO THEIR QUALIFICATION as a party-list group.
70
What are the rules surrounding the salaries of the Senators and Members of the House of Representatives?
Art VI Sec 10 CONST:
a. Salaries shall be determined by law
b. No increase in salary until the terms of all the members of the Senate and the House of Representatives who have approved the salary increase shall have expired in full.
71
When shall salary increase for the Members of the House of Representatives and the Senate take effect?
Pursuant to Art VI Sec 10 of the CONST, they shall take effect upon the expiration of the full term of all the members of the Senate and the House of Representatives who have approved of the said increase.
72
For what offenses may a member of Congress be privileged from arrest? When shall this apply?
Article VI Section 11 CONST:
Legislative immunity: Privileged from arrest when the offense is punishable by not more than six years imprisonment; only applies while Congress is in session.
73
Does the doctrine of condonation (Aguinaldo doctrine) apply to criminal cases?
No, the doctrine of condonation does not apply to criminal cases. It only applies to administrative cases (Trillanes IV v Pimentel; People v Jalosjos).
74
Does parliamentary immunity regarding speech cover all speeches of the Senator/Representative?
No, according to the Jimenez v Cabangbang (1966):
Said expression refers to utterances made by Congressmen in the performance of their official functions, such as speeches deliver, statements made, or votes cast in the halls of Congress, or outside the premises of Congress in the official discharge of their duties as members of Congress and of Congressional Committees duly authorized to perform its functions as such at the time of performance of the acts in question.
75
Can Congress an pass a law which expands the qualifications of a Senator / Congressman / Congresswoman? **** (clarify)
**** (clarify)
No, Congress cannot expand the existing qualifications placed by the Constitution. According to SJS v COMELEC, the Court held that COMELEC cannot, in the guise of enforcing and administering election laws or promulgating rules and regulations to implement Sec. 36 (g), validly impose qualifications on candidates for senator in addition to what the Constitution prescribes.
76
What are the Disqualifications / Prohibitions placed upon Senators and Members of the House of Representatives?
The Disqualifications are:
1. Holding any other office or employment in Government (or any of its subdivision, instrumentality, corporations, etc.);
2. Personally appear as counsel before any court of justice, Electoral Tribunal, quasi-judicial court or any administrative body;
3. Be directly or indirectly financially interested during his term in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any GOCC or its subsidiaries.
CONST art VI sec 13 No Senator or Member of the House or Representative may hold any other office or employment in Government, or any subdivision, agency, or instrumentality thereof, including government-owned and controlled corporations or their subsidiaries during his term without forfeiting his seat.
CONST art VI sec 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.
77
What is the difference between incompatible office and forbidden office?
Incompatible Office: First office is forfeited (Art. VI Sec 13 CONST)
Forbidden Office: Disqualified from holding the second office (Art IX-B, Sec. 7)
INCOMPATIBLE OFFICE:
Art VI Sec 13 CONST: No Senator or Member of the House or Representative may hold any other office or employment in Government, or any subdivision, agency, or instrumentality thereof, including government-owned and controlled corporations or their subsidiaries during his term without forfeiting his seat.
FORBIDDEN OFFICE:
Art IX-B Sec 7 CONST: No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall 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.
78
Cong. Juan was elected as the representative for the First District of Cagayan de Oro City in 2016. In 2019, he was appointed by the President to become the CEO of PhilHealth, to which he gladly accepted. Is the position an incompatible or a forbidden office? What are the consequences of Juan's acceptance?
The position is an incompatible office under Art VI Sec 13 of the Constitution which provides that no member of the House of Representatives may hold any other office or employment in Government, or any subdivision, agency, instrumentality, or GOCC. In this case, PhilHealth is a government-owned or controlled corporation. Thus, the consequences would be that Cong. Juan forfeit his seat in Congress.
79
What are the duties regarding financial interests of the Members of the House of Representatives and the Senators upon assumption of office?
CONST Art VISection 12: Duty to Disclose Financial Interests:
All members of Senate and House of Representatives shall:
i. Upon assumption of office
ii. Make a full disclosure of their financial and business interests.
iii. Shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.
CONT Art VI Sec 12: All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.
80
What is the duty of Congress regarding books of accounts?
CONST Art VI Sec 20: Duty to disclose and subject to audit the records and books of accounts of Congress
The records and books of accounts of the Congress:
a. Shall be preserved and open to the public in accordance with law
b. Shall be audited by the Commission on Audit; The COA shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.
CONST Art VI Sec 20: The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.
81
How shall the Senate elect its President, and the House of Representatives its Speaker?
The Senate and the House of Representatives shall elect the President and the Speaker, respectively, by by a majority vote of all its respective Members (CONST art VI sec 16)
art VI sec 16: The Senate shall elect its President and the House of Representatives its speaker, by a majority vote of all its respective Members.
82
Can the Senate and the House of Representatives elect other officers?
Yes, the Senate and the House of Representatives may elect other officers at their discretion. Under Sec 16 of Article VI of the Constitution:
(1) The Senate shall elect its president and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.
83
The Internal Government of Congress (CONST. art. VI, Sec 16)
CONST. art VI sec 16:
(1) The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.
(2) A majority of each House shall constitute a quorum to do business, but a small number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.
(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
84
How many votes are required to suspend a Member of the House of Representatives, or the Senate?
A vote of two-thirds of all its Members is required to suspend or expel a Member (CONST art VI sec 16)
85
What is the limit for the penalty of suspension for Members of the House of Representatives or the Senate?
A penalty of suspension, when imposed shall not exceed sixty days.
86
Can the Senate adjourn for more than three days even if both Houses are still in session?
Yes but it must be with the consent of the House of Representatives. In Art VI Sec 16 CONST: Neither House during the sessions of the Congress, shall without the consent of the other, adjouorn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
87
When shall the regular session of Congress for the year begin?
Fourth Monday of July.
CONST art VI sec 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.
88
When will Congress's regular session for the year end?
The regular session shall continue to be in session for such number of days at it may determine until thirty days before the opening of its next regular session. (CONS art VI sec 15).
89
Can a bill become law without having been presented to the President?
Yes, a bill may become law despite not having been presented to President. In Article VII Sec 10:
The bill calling such special election [election of President and Vice-President due to vacancy in both offices] shall be deemed certified under paragraph 2, Section 26, Article VI of the Constitution and shall become law upon its approval on third reading by the Congress.
90
In case of vacancy in the office of the President and the Vice-President, when shall the special election not be called?
If the vacancy occurs within 18 months before the date of the next presidential election.
In Article VII sec 10 CONST:
No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.
91
What are the two types of substantive limitations on the Legislative Powers of Congress?
Express Substantive Limitations, and Implied Substantive Limitations
92
What are the Express Substantive Limitation on the Legislative Powers of Congress?
1987 CONSTITUTION:
1. Art III - Bill of Rights (no ex post facto law; no laws that infringe due process; no bills of attainder)
2. Art VI sec 25 - No increase in appropriations recommended by the President; No provision or enactment shall be embraced in the GAA unless it relates specifically to some particular appropriation; Strict compliance with procedure for enactment of appropriation bills; special appropriations bills shall bel imited to its purpose; no law authorizing transfer of appropriations.
3. Art VI sec 28 - Rule of taxation shall be uniform and equitable; progressive system of taxation; entities shall be exempt from tax; no law granting tax exemption unless with concurrence of a majority of all members of Congress.
4. Art VI sec 29 - (2) No appropriations shall be made to favor religious sector or personality or minister except when such priest/minister/etc. is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. (3) Taxes for special purpose shall be disbursed and paid out for the same special purpose only
5. Art VI Sec 31 - No law granting title of royalty or nobility shall be enacted
6. Art XIV sec 4 (3) - All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties.
93
What are the two tests to determine the validity of delegation of legislative power?
In ABAKADA v Purisima:
There are two tests to determine the validity of delegation of legislative power: (1) the completeness test and (2) sufficient standard test.
94
Under the completeness test for the validity of delegation of legislative power, when is a law complete (or deemed to have passed the completeness test)?
In ABAKADA v Purisima:
A law is complete when it sets forth therein the policy to be executed, carried out or implemented by the delegate.
95
When is a law deemed to have passed the sufficient standard test? What are the sufficient standards?
In ABAKADA v Purisima:
A law lays down a sufficient standard when it provides adequate guidelines or limitations in the law to map out the boundaries of the delegate's authority and prevent the delegation from running riot.
Sufficient standards:
The Court has recognized the following as sufficient standards: public interest, justice and equity, public convenience and welfare and simplicity, economy and welfare.
96
When will a delegation to the President by Congress become undue delegation?
In Pelaez v Auditor-General
It is an undue delegation when it fails to declare a policy to be executed by the executive. In Pelaez, the assailed law does not meet the well-settled requirements for a valid delegation of the power to fix the details in the enforcement of a law because it does not enunciate any policy to be carried out or implemented by the President.
97
What are the Constitutionally sanctioned delegations of legislative power to the President?
Proper delegation by express authority of the Constitution:
CONST art VI sec 28 (2): Congress may authorize the President, by law, to fix tarriff rates, import and export quotas, tonnage and wharfage dues, and other duties or imports within the framework of the national development program of the Government.
CONST art VI sec 23 (2): Congress may authorize, by law, the President to exercise emergency powers in times of war or other national emergency.
CONST art VI sec 25 (2): Congress may authorize, by law, the President, Senate President, House Speaker, Chief Justice, and the heads of the Constitutional Commissions to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.
98
Police power rests primarily with the national legislature. Can it be delegated? Through what means?
Police powers may be delegated by law, following the requisites for a valid delegation of legislative powers (completeness test; sufficient standard test).
99
Can LGUs exercise police powers?
In Social Justice v Atienza:
Yes, LGUs may exercise police powers by virtue of Section 16 of the Local Government Code, known as the general welfare clause. LGUs exercise police powers through their respective legislative bodies, a.k.a the Sangguniang Panglungsod or the city council The Sanggunian can enact ordinances for the general welfare of the city.
Section 16 - Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare.
100
What are the test for the valid exercise of police powers of a local government unit?
The test for a valid exercise of police powers by a local government unit, as held in SJS v Atienza:
There must be a concurrence of a lawful subject and a lawful method:
(1) the interest of the public generally, as distinguished from those of a particular class, requires its exercise; and
(2) the means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.
101
What is the ruling in Edu v Ericta, cited in Osmena v Orbos, to avoid the taint of unlawful delegation.
In Osmena v Orbos, citing Edu v Ericta:
To avoid the taint of unlawful delegation, there must be a standard. The standard:
1. implies that the legislature itself lays down the fundamental policy;
2. defines the policy and sets the limits;
3. indicates the circumstances under which the legislative command is to be effected;
4. criterion by which the legislative purpose may be carried out
The standard may either be express or implied.
102
If an administrative rule or regulation issued or promulgated by an administrative agency affects the substantive rights of persons, what procedure shall be followed?
In Customs Commissioner v Hypermix Feeds:
Considering that the questioned regulation would affect the substantive rights of respondent as explained above, it therefore follows that petitioners should have applied the pertinent provisions of Book VII, Chapter 2 of the Revised Administrative Code:
Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Failure to file within 3 months from the date shall not be the bases of any sanction against any party or persons.
103
What are the procedural limitations on the passage of laws prescribed in the Constitution?
The procedural limitations regarding the passage of laws are found in CONST art VI ss 26-27.
The procedural limitations are:
art vi sec 26
1. one-title-one subject rule;
2. requirement of three readings on separate days; distribution of printed copies of the bill in its final form to the Members three days before its passage
2. a. exception: when the President certifies to the necessity to the bill's immediate enactment to meet a public calamity or emergency.
art vi sec 27
3. Presentment -- presentation of the bill to the President before it becomes into law
3. a. must be signed by the President; or veto and return to Congress;
3. b. if Congress insists on passing the bill, it must be approved by two-third of all the Members of the House.
3. c. 30 day lapsation period before it becomes to law if Pres fails to sign and does not communicate his veto to Congress
4. Item veto on appropriation, revenue, or tariff bills.
see art VI sec 26-27 (too long to type!)
104
What is Question Hour, and what is Legislative Inquiries? What are the main differences between the two?
Question Hour is a right/privilege exercised either by the Congress or the department heads of the executive branch to discuss matters pertaining to their departments [executive departments]. Question Hour may be initiated by either House of Congress or the department heads. However, consent of the President is necessary before department heads may appear before the legislative body. (CONST art. VI sec 22)
Legislative inquiry is done in aid of legislation in accordance with the rules of procedures of either House; rights and privileges of persons appearing in such inquiries shall be respected, as mandated by the Constitution. (CONST art. VI sec 21). Legislative inquiry mandates compulsory attendance of the witnesses, and witnesses who refuse may be arrested by either House of Congress. (Arnault v. Nazareno).
Moreover, Question Hour is related to Congress's oversight function, while Legislative Inquiry is related to the power to legislate (write laws).
105
What are the limitations in place on inquiries in aid of legislation?
Express limitations (CONST art VI sec 21):
1. must be in aid of legislation;
2. in accordance with duly published rules of procedure;
3. the rights of persons appearing in or affected by such inquiries shall be respected (in rel. Bill of Rights art III Const.)
Limitations provided by jurisprudence (implied limitations):
Bengzon v Senate Blue Ribbon, citing Arnault v Nazareno, the inquiry, to be within the jurisdiction of the legislative body making it, must be material or necessary to the exercise of a power in it vested by the Constitution, such as to legislate or expel a member. (or also to impeach an impeachable officer).
Bengzon, supra, citing Baremblatt v U.S.:
It cannot inquire into matters which are within the exclusive province of one of the other branches of government.
106
What did the Court say about the recognition of Executive privilege in the case of Senate v. Ermita?
Executive privilege, whether asserted in Congress, the courts, or the public, is recognized only in relation to certain types of information of a sensitive character (Senate v. Ermita).
Thus, what is privileged is the information, not the person.
Executive privilege is properly invoked in relation to specific categories of information and not to categories of persons (except for the President and members of the Supreme Court).
107
Who are the government officials exempt from Congress's power of inquiry?
The President and the members of the Supreme Court (Senate v Ermita).
108
Does an on-going judicial proceeding (criminal, administrative, or civil) preclude the Congress to conduct inquiries in aid of legislation?
No, in Romero v Estrada, citing Standard Chartered Bank v Senate Committee on Banks:
The mere filing of a criminal or an administrative complaint before a court or quasi-judicial body should not automatically bar the conduct of legislative investigation. Otherwise, it would be extremely easy to subvert any intended inquiry by Congress through the convenient ploy of instituting a criminal or administrative complaint. Surely, the exercise of a sovereign legislative authority, of which the power of legislative inquiry is an essential component, cannot be made subordinate to a criminal or administrative investigation.
109
Shall pending inquiries in aid of legislation continue to the next Congress?
No, unless they are taken up by the succeeding Congress, and it shall be as if presented for the first time.
In Romero v Estrada, citing Neri v Senate Committee on Accountability:
All pending matters and proceedings, i.e. unpassed bills and even legislative investigations, of a Senate of a particular Congress are considered terminated upon the expiration of that Congress and it is merely optional on the Senate of the succeeding Congress to take up such unfinished matters, not in the same status, but as if presented for the first time.
110
How many Members of Congress must concur in order to allow the President to grant amnesty?
Majority of all the members of congress.
Art. VII sec 19: He [The President] shall also have the power to grant amnesty with the concurrence of a majority of all the Members of Congress.
111
How many hours after the suspensions of the privilege of the writ of habeas corpus must the President submit a report to Congress?
The President must submit a report to Congress within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus. (art vii sec 18)
112
How shall the President submit the report to Congress concerning the declaration of martial law and the suspension of the privilege of the writ of habeas corpus?
The President shall submit a report in person or in writing to the Congress.(art vii sec 18)
113
What is the manner of voting in Congress to revoke the declaration of Martial Law or suspension of the privilege of the writ of habeas corpus?
The Congress, voting jointly, by a vote of at least a majority of all its Members in a regular or special session, may revoke such proclamation or suspension. (art vii sec 18)
114
Can the President set aside Congress's revocation of his/her declaration of Martial Law?
No, the President cannot set aside the revocation made by Congress (art vii sec 18).
115
Can Congress extend Martial Law? If so, what procedures must be followed?
Yes, Congress may extend Martial Law or the suspension of the privilege of the writ of habeas corpus. Under sec 18 art viii of the Const, "Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it."
116
What are the limitations on the President's power to make appointments while Congress is in recess?
Such appointments shall be effective only until disapproved by the Commission on Appointments OR until the next adjournment of Congress. (art viii sec 16)
117
What shall be the procedure when there is a vacancy in the Office of the Vice-President during the term for which he/she was elected.
Under art viii sec 9 const:
1. the President shall nominate a VP from the Members of the Senate AND the House of Representatives
2. The nominees shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.
118
What are the guidelines laid down by the Court regarding the membership on the Commission on Appointments in the case of Guingona v Gonzales?
In Guingona v Gonzales:
The Court laid down the following guidelines accordingly:
1. In the Senate, a political party or coalition must have at least two duly elected senators for every seat in the Commission on Appointments;
2. Where there are more than two political parties represented in the Senate, a political party/coalition with a single Senator in the Senate cannot constitutionally claim a seat in the Commission.
119
At least how many senators must there be in a political party in order to claim a seat in the Commission on Appointments?
There must be at least two duly elected senators in order to have at least one seat in the Commission on Appointments (Guingona v Gonzales)
120
A political party/coalition with a ______ senator cannot constitutionally claim a seat in the Commission on Appointments. When will this occur?
A political party/coalition with a single senator cannot constitutionally claim a seat in the Commission on Appointments. This happens when there are more than two political parties represented in the Senate.
121
Is it mandatory that the Commission on Appointments include 12 senators and 12 members of the house of representatives?
No, it is not necessary. In Guingona v Gonzales: The Constitution does not contemplate that the Commission on Appointments must necessarily include twelve (12) senators and twelve (12) members of the House of Representatives.
What the Constitution requires is that there be at least a majority of the entire membership.
122
Shall the concurrence of the Members of the House of Representatives be required in order for a treaty or international agreement to be valid and effective?
No, concurrence by Members of the House of Representatives are not required.
Sec 21 art vii constitution only provides for the concurrence of at least two-thirds of all the Members of the Senate for a treaty or international agreement to be valid. The Constitution is silent on the participation of the House of Representatives.
123
How many members of the Senate must concur in order for a treaty or international agreement to be valid and effective?
Under art vii sec 21:
two-thirds of all the members of the Senate must concur in order for a treaty or international agreement to be valid.
124
When shall the existence of a state of war be validly declared?
Under art vi sec 23 (1): The Congress, by a vote of two-thirds of both Houses in a joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.
125
How many votes are required to validly declare a state of war?
Under art vi sec 23 (1): by a vote of two-thirds of both Houses of Congress, in a joint session assembled, but voting separately.
126
When may the President exercise emergency powers?
Under art vi sec 23:
1. ) in times of war or other national emergency;
2. ) when there is delegated authority from the Congress, delegated by law;
3. ) the exercise of powers is subject to the limitations and restrictions prescribed by Congress and it is pursuant to a declared national policy.
127
When will the President's emergency powers cease?
Under art vi sec 23:
1. when Congress withdraws by a resolution; or
2. next adjournment of Congress.
128
What are the constitutionally valid exercise of legislative oversight?
In Abakada v Purisima:
The only two constitutionally valid exercise of legislative oversight are (1) scrutiny and (2) investigation and monitoring.
129
Which exercise of legislative oversight is deemed as unconstitutional by the Court?
Legislative veto is an unconstitutional exercise of legislative oversight because it infringes on the separation of powers such that in effect, Congress arrogated unto itself judicial power, a power exclusive to the Judiciary. (Abakada v Purisima)
130
Case which held that legislative veto is unconstitutional.
Abakada v Purisima; and Macalintal v COMELEC
131
What does the Constitution prescribe to Congress as regards the title of bills?
Under sec 26 art vi of the Constitution:
Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
132
What are limitations, as explained by the Court in Lidasan v COMELEC, regarding the one-title-one-subject rule of bills?
1) avoid conglomeration of multiple subjects;
2) the language of the title must be sufficient to notify the legislators, the public, and those concerned of the subject and contents of the bill
In Lidasan v COMELEC:
The constitutional provision [sec 26 art vi CONST] contains dual limitations upon legislative power:
1. Congress is to refrain from a conglomeration, under on estatute, of heterogeneous subjects; and
2. The title of the bill is to be couched in a language sufficient to notify the legislators and the public and those concerned of the import of the single subject thereof.
133
What are the guidelines given by the Court in determining w/n the title of a statute conforms with the constitutional requirement?
In Lidasan v COMELEC:
The test of sufficiency of a title is w/n it is misleading;
A title does not conform to the constitutional requirement when:
1. a title is so uncertain that the average person reading it would not be informed of the purpose of the enactment or put on inquiry as to its contents; or
2. a title is misleading, either in referring to or indicating one subject where ANOTHER or DIFFERENT one is really embraced in the act, or in omitting any expression or indication of the real subject or scope of the act.
134
In determining sufficiency of a particular title its _______ rather than its ______ should be considered. (Lidasan v COMELEC)
In determining sufficiency of a particular title its substance rather than its form should be considered. (Lidasan v COMELEC)
135
What are the procedures as to the passage of bills?
Const art vi sec 26 (2) provides that the bills, before they become law, shall:
1. go through three readings on three separate days;
2. three days prior to the bill's passage, printed copies of the bill in its final form shall be distributed to the Members of either House;
3. Upon the last reading of a bill, no amendment thereto shall be allowed
4. The votes on a bill shall be taken immediately thereafter; and
5. The yeas and nays shall be entered in the journal.
EXCEPTION:
There shall be no need for three readings on three separate days when the President certifies to the necessity of the immediate enactment of a bill to meet a public calamity or emergency; and
When there is a call for a special election due to a vacancy in the Office of the President and in the Office of the Vice-President
136
Where shall appropriation bills originate?
Bills on appropriation shall originate in the House of Representatives. Under sec 24 art vi of the Constitution;
All appropriation, revenue, or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate EXCLUSIVELY in the House of Representatives, but the Senate may propose or concur with amendments.
137
What are the bills required to originate in the House of Representatives?
The bills required to originate in the House of Representatives, as provided by sec 26 art vi of the CONST are:
1. appropriation bills;
2. revenue bills;
3. tariff bills;
4. bills authorizing increase of public debt;
5. bills of local application; and
6. private bills
138
Is the exercise of a treaty-ratifying power of Senate an exercise of the legislative power?
No, the exercise of the treaty-ratifying power of the Senate is not an exercise of legislative power, rather it is a check on the executive power. (Tolentino v Secretary of Finance) (by way of obiter dictum).
139
Does the Bicameral Conference Committee have the power to include in its report an entirely new provision that is not found in the original House and Senate versions of the bill? Does the Committee have unfettered discretion in adding new provisions?
Yes the Bicameral Conference Committee has the power to include in its report an entirely new provision.
In Tolentino v SOF: "This Court recently held that it is within the power of a conference committee to include in its report an entirely new provision that is not found either in the House Bill or in the Senate Bill. If the committee can propose an amendment consisting of one or two provisions, there is no reason why it cannot propose several provisions, collectively considered as an "amendment in the nature of a substitute."
HOWEVER, the Committee does not have unfettered discretion. The requirement for the amendments or enactment of new provisions in the Bicam Conf. Comm., the requirement is that the amendment IS GERMANE to the subject of the bills before the committee.
140
What is the requirement for an amendment proposed by the Bicameral Conference Committee?
The amendments must be germane to the subject of the House and Senate Bills (Tolentino v SOF).
141
Is the Senate precluded from filing its own version of an appropriation bill pending the receipt of an appropriation bill from the House of Representatives?h
No, the Senate is not precluded from filing its own version of an appropriation bill pending the receipt of the appropriation bill from the House, as ruled by the SC in Tolentino v SOF. The only requirement thereto shall be that Senate must not take action as a body pending the receipt of the House bill.
142
What are the four phases of the Government budgeting process?
1. Budget preparation;
2. Legislative authorization;
3. Budget execution;
4. Budget accountability.
(Guingona v Carague)
143
Which part of the budgeting process does the Court exercise its power of legislative oversight? What legislative oversight is being exercised?
Legislative authorization; power of legislative scrutiny.
144
What is a valid 'item' in an appropriation bill?
In Belgica v Ochoa:
An item, as defined in the field of appropriations, pertain to "the particulars, the details, the DISTINCT AND SEVERABLE PARTS of the appropriation or of the bill." In Bengzon v Secretary of Justice of the Philippine Islands, the US Supreme Court characterized an item of appropriation as follows:
An item of an appropriation bill obviously means an item which, in itself, is a specific appropriation of money, not some general provision of law which happens to be put into an appropriation bill.
145
What is a line-item?
In Belgica v Ochoa:
An item of appropriation must be an item characterized by singular correspondence -- meaning an allocation of specified singular amount for a specified singular purpose, otherwise known as a "line-item"
146
When does "an appropriation made by law" exist?
1) allocation of a determinable amount of money; and
2) allocation for public purpose
In Belgica v Ochoa:
"An appropriation made by law" under the contemplation of Section 29 (1), Article VI of the 1987 Constitution exists when a provision of law (a) sets apart a determinate or determinable amount of money and (b) allocates the same for a particular public purpose.
147
What is the rule on taxation as provided by the Constitution?
sec 28 (1) art vi CONST: The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.
148
What rates may the President fix, as authorized by Congress by law?
sec 28 (2) art vi CONST: The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose:
1. tariff rates;
2. import and export quotas;
3. tonnage and wharfage dues; and
4. other duties or imposts within the framework of the national development program of the Government.
149
What shall be exempt from taxation?
sec 28 (3) art vi CONST: the following shall be exempt from taxation:
1. charitable institutions;
2. churches and personages or convents appurtenant thereto;
3. mosques;
4. non-profit cemeteries; and
5. all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes.
150
When may Congress pass a law granting tax exemption?
Congress may only pass a law granting tax exemption when it has the concurrence of a majority of all the Members of the Congress.
sec 28 (4) art vi CONST: No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.
151
Can the President veto a condition or restriction in an appropriations bill pursuant to his item-veto power?
No, the President cannot veto a condition or restriction in an appropriation bill. The President's item-veto refers to the specific appropriation of money appropriated for a specific purpose. As held by the Supreme Court in the case of Gonzales v Macaraig, while citing the case of Bolinao Electrics Corp., the veto of a condition in an Appropriations Bill which did not include a veto of the items to which the condition related was deemed invalid and without effect whatsoever.
152
Can the President veto a part of an item in an appropriation bill, and approve the remaining portion of the same item?
No, the President cannot veto a part of an item in an appropriation bill while leaving the remaining portion of the same item (Gonzales v Macaraig, cited in Bengzon v Drilon).
