II. LEGISLATIVE DEPARTMENT Flashcards
II. LEGISLATIVE DEPARTMENT
A. Congress: Senate and House of Representatives
1. Compositions and Qualifications – 1987 CONST., art. VI, secs. 2-14
Summary of Article VI, Sections 2-14 of the Philippine Constitution:
Composition and Qualifications of Congress
Senate:
Section 2: Comprises 24 senators elected nationwide.
Section 3: Must be natural-born citizens, at least 35 years old, able to read and write, registered voters, and residents for 2 years prior to election.
Section 4: 6-year term, starts June 30th after election, maximum of 2 consecutive terms.
Section 10: Salaries determined by law, no increase until next term’s members serve.
Section 11: Privileged from arrest for certain offenses while Congress is in session.
Section 12: Must disclose financial interests and potential conflicts of interest.
Section 13: Cannot hold other government positions or be appointed to positions created during their term.
Section 14: Cannot practice law in specific courts or be financially involved in government contracts.
House of Representatives:
Section 5: Up to 250 members (unless changed by law), elected from districts based on population. 20% are party-list representatives.
Section 6: Must be natural-born citizens, at least 25 years old, able to read and write, registered voters in their district, and residents for 1 year prior to election.
Section 7: 3-year term, starts June 30th after election, maximum of 3 consecutive terms.
Applies to both Houses:
Section 8: Regular elections on the second Monday of May.
Section 9: Special elections for vacancies.
Section 11: Immunity from questioning for speech and debate in Congress.
II. LEGISLATIVE DEPARTMENT
A. Congress: Senate and House of Representatives
- Privileges and Inhibitions – 1987 CONST., art. VI, secs. 10, 11 and 13-14
Section 10: Salary Increase
Key Phrase: “No Self-Serving Salary Increases”
Section 11: Immunity from Arrest
Key Phrase: “Session Immunity from Minor Arrests”
Section 11: Freedom of Speech and Debate
Key Phrase: “Protected Legislative Debate”
INHIBITIONS:
Section 13: No Holding Other Government Positions
- Key Phrase: “No Dual Government Roles”
Section 13: No Appointments to Newly Created Positions
- Key Phrase: “No Self-Dealing Appointments”
Section 14: No Practicing Law in Specific Courts
- Key Phrase: “No Legal Practice in Certain Courts”
Section 14: No Financial Involvement in Government Contracts
- Key Phrase: “No Financial Conflicts in Contracts”
Section 14: No Intervening for Personal Benefit
- Key Phrase: “No Personal Gain from Government Matters”
privileges and Inhibitions of Philippine Legislators:
A Summary (Sections 10, 11, 13, 14)
Privileges:
Section 10: No salary increase takes effect until after the term of the lawmakers approving it ends. This prevents self-serving decisions and promotes transparency.
Section 11: Immunity from arrest for minor offenses while Congress is in session. This allows them to fulfill their duties without undue interference.
Section 11: Freedom of speech and debate within Congress committees and sessions. This encourages open discussion and protects them from legal repercussions for their legislative work.
Inhibitions:
Section 13: No holding other government positions while in office. This prevents conflicts of interest and ensures dedication to legislative duties.
Section 13: Cannot be appointed to positions created or given pay raises during their term. This prevents abuse of power and self-dealing.
Section 14: No practicing law in specific courts or tribunals. This ensures impartiality and prevents using legal expertise for personal gain.
Section 14: No financial involvement in government contracts or privileges. This prevents corruption and ensures fair dealings in government transactions.
Section 14: No intervening in government matters for personal benefit. This upholds ethical conduct and prevents abuse of power for personal gain.
Remember: These privileges and inhibitions aim to balance the need for effective legislators with the principles of accountability, transparency, and preventing conflicts of interest. They ensure lawmakers can fulfill their duties while upholding ethical standards and preventing abuse of power.
II. LEGISLATIVE DEPARTMENT
A. Congress: Senate and House of Representatives
- Quorum and Voting Majorities, and Discipline of Members – 1987
CONST., art. VI, sec. 16
Quorum, Voting Majorities, and Discipline of Members in the Philippine Congress (Section 16)
Quorum and Voting:
Section 16(2): A majority OF MEMBERS PRESENT (Not necessarily All members) is needed for quorum, meaning enough members are present to hold official business.
Section 16(1): Election of leaders (President of the Senate, Speaker of the House): Requires a majority vote of all members.
Section 16(3): Other decisions (rules, punishments, etc.): Require a majority vote of members present (Quorum).
Section 16(3): Suspending or expelling a member: Requires a two-thirds vote of all members.
Section 16(4): Recording votes: One-fifth of members present can request a record of “yeas” and “nays” on any vote.
Discipline of Members:
Section 16(3): Each House can punish its members for disorderly behavior.
Section 16(3): Each House can, with a two-thirds vote, suspend or expel a member (maximum 60-day suspension).
Remember:
Quorum requirements ensure enough members are present for meaningful decision-making.
Different voting majorities reflect the importance of certain decisions.
Provisions allow for maintaining order and discipline within each House.
II. LEGISLATIVE DEPARTMENT
B. Law-Making Process (1987 CONST., art. VI, secs. 26-27)
1) One Subject per Bill: “Single Topic Focus”
2) Three Readings and Voting: “Three Readings Required”
3) Presidential Vote: “President’s Approval or Veto”
4) Veto Override: “Two-Thirds Override Process”
5) Partial Veto**: “Selective Veto on Spending/Tax Bills”
Simplified Summary of Sections 26 & 27: Lawmaking Process in the Philippines
Key Points:
One Subject per Bill: Each bill must focus on a single topic, clearly stated in the title (Section 26(1)).
Three Readings and Voting: Bills go through three separate readings in each House, with printed copies distributed beforehand (Section 26(2)).
Presidential Vote: After passing both Houses, the bill goes to the President. He can either sign it into law, veto it, or let it become law without signature (Section 27(1)).
Veto Override: If the President vetoes, the House where it started can try to override with a two-thirds vote. If successful, it goes to the other House for another two-thirds vote (Section 27(1)).
Partial Veto: For spending or tax bills, the President can veto specific items while approving the rest (Section 27(2)).
Remember: These are just the main points. For a complete understanding, consult the full text of the Constitution or legal professionals.
Memorization Tip:
Use a mnemonic like “One Bill, Three Readings, President’s Vote, Override or Veto” to remember the key steps.
II. LEGISLATIVE DEPARTMENT
C. Appropriation (1987 CONST., art. VI, secs. 24-25 and 29)
Here’s a summary of the concepts from Sections 24 and 25 with key phrases for easy memorization:
Section 24: Origin of Bills
- Key Phrase: “House Origin for Financial Bills”
Section 25: Budget Limitations
- Key Phrase: “No Budget Increases by Congress”
- Restrictions in Appropriations
- Key Phrase: “No Unrelated Additions to Appropriations”
- Equal Treatment:
- Key Phrase: “Equal Rules for Appropriations”
- Special Appropriations:
- Key Phrase: “Specific Purpose for Special Appropriations”
Discretionary Funds:
Key Phrase: “Public Purpose for Discretionary Funds”
Budget Default:
Key Phrase: “Previous Budget Continues if New Not Passed”
Summary of Sections 24, 25, 29 in the Context of Appropriation:
Section 24:
Origin of bills: Bills related to spending, taxes, debt, local issues, and private individuals must start in the House of Representatives. The Senate can propose changes but can’t start them.
Section 25:
Budget limitations: Congress cannot increase the President’s proposed budget for government operations. The budget format and preparation are defined by law.
Restrictions in appropriations: Bills cannot add unrelated items to specific appropriations. Any such additions are limited to that specific appropriation.
Equal treatment: The approval process for congressional appropriations must follow the same rules as other departments and agencies.
Special appropriations: These bills need a specific purpose and must be funded by existing resources or new revenue proposed within the bill.
Transfer limitations: Laws authorizing transfers of appropriations are generally prohibited. However, exceptions exist for specific officials to move funds within their own budgets under certain conditions.
Discretionary funds: These funds must be spent for public purposes, documented with receipts, and follow legal guidelines.
Budget default: If Congress fails to pass a new budget by the end of the fiscal year, the previous year’s budget automatically continues until a new one is passed.
Section 29:
Spending rules: No government money can be spent without being approved by law (appropriated).
Religion and funding: Public funds cannot be directly used to support any specific religion or religious figures, except in specific cases like military chaplains or government institutions.
Special funds: Taxes collected for specific purposes must be used only for those purposes. Any leftover funds after the purpose is fulfilled become part of the general government budget.
Memorization Tip: Use keywords like “House starts money bills,” “budget limits,” and “no religion funding” to remember key points.
II. LEGISLATIVE DEPARTMENT
D. Legislative Inquiries and Oversight Functions (1987 CONST., art. VI, secs. 21-22)
Summary of Sections 21 & 22: Legislative Inquiries and Oversight in the Philippines
Key Points:
Both Houses and Committees can conduct inquiries: The Senate, House, or their committees can hold investigations to gather information for lawmaking (Section 21).
Focused on legislation: These inquiries must aim to inform the creation of new laws or improvements to existing ones.
Respecting rights: People involved in these inquiries have their rights protected (Section 21).
Department heads can appear: Ministers or agency heads can voluntarily or upon request appear before either House to discuss their departments (Section 22).
Written questions required: Questions for department heads must be submitted in writing beforehand (Section 22).
Open or closed sessions: Inquiries are usually open, but closed sessions are possible for national security or public interest reasons (Section 22).
Memorization Tips:
Think of “LHCC” for Legislative Houses and Committees Conducting inquiries.
Remember “written questions first” for department heads.
Use “open or closed” to recall the session types.
Understanding the Context:
These sections highlight the legislature’s power to gather information and hold government officials accountable. This helps ensure informed lawmaking and transparency in government operations.
II. LEGISLATIVE DEPARTMENT
E. Declaration of Existence of State of War (1987 CONST., art. VI, sec. 23)
Declaring War in the Philippines: A Summary of Section 23
Key Points:
ONLY CONGRESS can declare war: A very high majority vote of both Houses (Senate and House of Representatives) is needed, showing the seriousness of this decision.
Limited presidential power in emergencies: During war or other major crises, Congress can give the President temporary extra powers to handle the situation, but with strict limits and clear restrictions.
No permanent power grab: These extra powers for the President end automatically when Congress is not in session, preventing long-term abuse.
Memorization Tips:
Remember “2/3 vote, both Houses, war only” for who can declare war.
Think “limited, temporary presidential power in emergencies” for the second part.
Context:
This section ensures careful consideration before entering war and safeguards against excessive presidential power during emergencies. It balances the need for decisive action in crises with the importance of democratic checks and balances.
II. LEGISLATIVE DEPARTMENT
F. Power to Revoke/Extend the Suspension of the Privilege of the Writ of Habeas
Corpus and Declaration of Martial Law (1987 CONST., art. VII, sec. 18)
Summary of Section 18: Balancing Powers in Martial Law and Habeas Corpus Suspension
President’s Powers:
Declare martial law or suspend habeas corpus: In cases of invasion, rebellion, or public safety threats, the President can declare martial law (limited to 60 days) or suspend habeas corpus (limited to specific individuals involved in the threat).
Report to Congress: The President must inform Congress within 48 hours and submit a report explaining the situation and actions taken.
Legislative Oversight:
Revoke or extend: Congress, by a majority vote in a joint session, can revoke the President’s declaration or extend it if necessary.
Review by Supreme Court: The Supreme Court can assess the factual basis of the declaration or suspension upon citizen complaint and rule within 30 days.
Key Limitations:
Temporary: Martial law and habeas corpus suspension are temporary measures, not lasting solutions.
Constitutional and Judicial Limits: Martial law cannot suspend the Constitution, civil courts, or legislatures. Military courts cannot try civilians where civil courts function.
Habeas corpus suspension is limited to specific individuals involved in the threat.
Judicial Review: The Supreme Court can review the legality of the declaration or suspension.
Congressional Oversight: Congress has the power to revoke or extend the declaration.
Focus on Legislative Powers:
This section highlights the crucial role of the legislative branch in checking the President’s power to declare martial law or suspend habeas corpus.
Congress can act as a safeguard against potential abuse of these extraordinary powers by ensuring transparency, accountability, and adherence to legal limitations.
II. LEGISLATIVE DEPARTMENT
G. Power of Impeachment (1987 CONST., art. XI, secs. 2-3)
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Summary of Sections 2 & 3: The Legislative Power of Impeachment in the Philippines
Who can be impeached?
President, Vice-President, Supreme Court Justices, Constitutional Commission Members, and Ombudsman.
Other public officials are removed by law, not impeachment.
Reasons for impeachment:
Culpable violation of the Constitution
Treason
Bribery
Graft and corruption
Other high crimes
Betrayal of public trust
Impeachment Process:
House of Representatives:
Starts the process with a verified complaint from a member or citizen endorsed by a member.
A committee investigates and submits a report with a resolution (favorable or not) within 60 days.
The House votes:
One-third or more vote needed to proceed with impeachment articles.
Majority vote needed to override a negative committee report.
If one-third of members file the complaint, it automatically becomes the impeachment resolution.
Senate:
Tries the case with Senators acting as jurors.
Chief Justice presides if the President is on trial.
Two-thirds majority vote needed to convict.
Outcomes:
Conviction leads to removal from office and disqualification for future office.
Conviction doesn’t prevent criminal prosecution.
Memorization Tips:
Who: “President, VP, Justices, Commissions, Ombudsman”
Why: “Constitution, treason, bribery, corruption, crimes, trust”
House: “Starts, investigates, votes (1/3 or majority)”
Senate: “Tries, convicts (2/3)”
Outcome: “Removed, disqualified, but can still be prosecuted”
II. LEGISLATIVE DEPARTMENT
H. Electoral Tribunals (1987 CONST., art. VI, sec. 17)
Summary of Section 17: Legislative Electoral Tribunals in the Philippines
Key Points:
Each House: Both the Senate and House of Representatives have their own Electoral Tribunal.
Sole Judge: These tribunals exclusively decide all disputes related to:
Elections: Contests over the validity of member elections.
Returns: Issues surrounding the official results of elections.
Qualifications: Whether a member meets the legal requirements for holding office.
Composition: Each tribunal has 9 members:
3 Justices: Designated by the Chief Justice of the Supreme Court.
6 Members: Chosen from the House or Senate based on party representation.
Senior Justice: Acts as the Chairman.
Memorization Tips:
Think “Senate and House, each has a judge”: Remember each House has its own tribunal.
Focus on “election, returns, and qualifications”: These are the types of disputes they handle.
“3 Justices, 6 Members, Senior leads”: Recall the tribunal composition and leadership.
Understanding the Context:
These tribunals are crucial in ensuring the integrity and fairness of the legislative process. They provide a mechanism to settle disputes within the legislature without relying solely on the courts.
II. LEGISLATIVE DEPARTMENT
I. Commission on Appointments (1987 CONST., art. VI, sec. 18; art. VII, sec. 16;
art. VIII, sec. 8)
The Legislative Department’s Role in Appointments: A Summary of Sections 8, 16, & 18
These sections highlight the vital role the legislative department plays in the appointment process through the Commission on Appointments (CA). Let’s break it down:
Section 16:
President nominates: The President nominates key officials like department heads, ambassadors, and military officers.
CA approves: The CA, with representatives from both Houses (Senate & Representatives), must consent to these nominations. This ensures legislative oversight and prevents unilateral appointments by the President.
Section 18:
CA composition: The CA consists of the Senate President and 12 Senators & 12 Representatives, ensuring balanced representation from both Houses.
Majority vote: Decisions are made by a majority vote of all CA members, requiring consensus and preventing individual domination.
Time limit: The CA must act on nominations within 30 session days, promoting efficiency and preventing delays.
Section 8 (partially):
Judicial appointments: While the Supreme Court plays a major role, the President still nominates judges, and the CA must approve these nominations. This maintains legislative involvement in the judiciary.
Memorization Tips:
President proposes, CA approves: Remember the key steps in the appointment process.
Both Houses involved: Recall that both Senate and Representatives have representatives in the CA.
Majority vote, time limit: Emphasize the decision-making process and efficiency aspects.
Overall:
These sections establish a system of checks and balances in the appointment process, ensuring the President’s choices are vetted and approved by the legislative branch, reflecting the principle of accountability and shared power within the government.
What is appropriation?
Appropriation in the Philippine Congress: A Legal Perspective
Appropriation is a crucial stage in the Philippine legislative process, where the Congress allocates funds for government operations. It involves several key principles and procedures enshrined in the Constitution and further elaborated on by laws and regulations. Understanding these aspects is essential for students of law and anyone interested in government budgeting and accountability.
Key Principles:
Legislative Power of the Purse: The power to appropriate funds is primarily vested in the Congress, signifying its control over government spending (Article VI, Section 24).
No Money Without Law: No public funds can be spent without an appropriation made by law (Article VI, Section 29).
Transparency and Accountability: The appropriation process should be transparent and ensure accountability in the use of public funds.
Process:
Budget Preparation: The executive branch, led by the Department of Budget and Management (DBM), prepares the national budget proposal based on government needs and priorities.
Congressional Scrutiny:
House of Representatives: Bills related to appropriations must originate in the House (Article VI, Section 24). Committees hold hearings, review the budget proposal, and propose amendments.
Senate: The Senate can propose amendments but cannot initiate appropriation bills.
Passage and Veto: The House and Senate must separately pass the budget by a majority vote. The President then reviews and may sign it into law, veto it, or let it lapse into law without a signature.
Budget Implementation: Once enacted, the DBM allocates funds to different government agencies based on the approved budget.
Key Aspects:
Special Appropriations: Bills for specific purposes like calamities or emergencies require separate approval and funding justification (Article VI, Section 25).
Restrictions on Appropriations: The Constitution and laws limit what can be included in appropriation bills to prevent misuse of funds (Article VI, Section 25).
Prohibitions: Public funds cannot be used to support specific religions or religious figures (Article VI, Section 29).
Studying Appropriation in Law:
Analyze court cases related to appropriation challenges or disputes.
Understand the role of various actors, including legislators, executive agencies, and the Commission on Audit (COA).
Examine the impact of appropriation on policy implementation and public services.
Explore the ethical considerations and potential for abuse in the appropriation process.
Q
II. LEGISLATIVE DEPARTMENT
D. Legislative Inquiries and Oversight Functions (1987 CONST., art. VI, secs. 21-22)
Legislative Inquiries and Oversight: Cornerstones of Effective Lawmaking
In the context of the legislative process, both legislative inquiries and oversight are crucial functions performed by legislative bodies like the Philippine Congress. They act as complementary tools to ensure informed lawmaking and hold government institutions accountable.
Legislative Inquiries:
Definition: Formal investigations conducted by a legislature to gather information and evidence for the purpose of crafting or improving laws.
Process: Can be initiated by committees or entire houses, involve public hearings, witness testimonies, and document reviews.
Purpose: To gain deeper understanding of issues, assess the impact of existing laws, and identify areas for legislative action.
Examples: Investigating public health concerns, scrutinizing proposed economic policies, or examining the effectiveness of social welfare programs.
Oversight:
Definition: The legislature’s power to scrutinize and hold accountable the executive branch and other government agencies.
Process: Can involve hearings, investigations, audits, and questioning of government officials.
Purpose: To ensure transparency, prevent abuse of power, and promote efficient and effective governance.
Examples: Reviewing government spending, monitoring agency performance, investigating allegations of corruption, and holding officials accountable for policy failures.
Key Similarities:
Both are investigative in nature, seeking information and evidence.
Both aim to inform legislative decision-making.
Both contribute to good governance and public accountability.
Key Differences:
Focus: Legislative inquiries primarily focus on gathering information for lawmaking, while oversight focuses on scrutinizing existing practices and holding government accountable.
Scope: Inquiries tend to be more specific and issue-driven, while oversight can be broader and encompass entire agencies or government functions.
Outcomes: Inquiries may lead to new legislation or amendments, while oversight can result in corrective actions, policy changes, or even sanctions against officials.
In conclusion, legislative inquiries and oversight are essential tools for effective lawmaking. By gathering information, scrutinizing government actions, and holding officials accountable, they help ensure that laws are well-informed, effective, and serve the public interest.
II. LEGISLATIVE DEPARTMENT
F. Power to Revoke/Extend the Suspension of the Privilege of the Writ of Habeas
Corpus and Declaration of Martial Law (1987 CONST., art. VII, sec. 18)
Explain these powers.
Martial Law and Habeas Corpus Suspension
Martial Law
* Temporary military rule in crisis
* President controls military, arrests, speech, media
* Used for large-scale threats to safety
Habeas Corpus Suspension
* Temporary halt to legal challenge for detention
* Used for urgent situations like terrorism
* Limited scope and duration
Checks and Balances
* President needs justification
* Supreme Court can review
* Congress can revoke
* Temporary measure, not permanent
* Abuse leads to rights violations
Understanding the Powers of Martial Law and Habeas Corpus Suspension:
1. Power of Declaration of Martial Law:
This power allows the President, under specific circumstances, to temporarily take control of certain aspects of the government and armed forces to address a serious threat to national security. It grants the President extraordinary powers, including:
Deploying the military to maintain order and public safety.
Arrest and detention without warrants for suspected threats.
Restrictions on freedom of speech and assembly.
Regulation of media and communication channels.
Scenario Example: Imagine a large-scale armed uprising or rebellion poses a significant threat to the government and public safety. The President, after exhausting all other options and consulting with relevant officials, may declare martial law in specific areas to swiftly respond to the crisis and restore order.
- Power to Suspend the Privilege of the Writ of Habeas Corpus:
This power allows the President, also under specific circumstances, to suspend the legal right of individuals to challenge their detention in court. This means authorities can detain individuals without presenting them before a judge and justifying the arrest. However, the suspension is limited in scope and duration.
Scenario Example: During a major terrorist threat, the President might suspend habeas corpus to allow authorities to detain suspected terrorists without lengthy legal proceedings, potentially preventing further attacks. However, this power is highly restricted and must be used judiciously to avoid abuse.
- Revoking/Extending these Powers:
The President’s declarations of martial law and suspension of habeas corpus are not absolute. Both are subject to checks and balances:
Judicial Review: The Supreme Court can review the legality of these declarations and potentially overturn them if they deem them unconstitutional.
Congressional Oversight: Within 48 hours of the declaration, the President must inform Congress. Congress can then, by a majority vote in both houses, revoke the declaration and end the extraordinary powers.
Important Caveats:
These powers are meant for temporary use in exceptional circumstances and should not become permanent features of governance.
Abuse of these powers can lead to human rights violations and undermine democratic principles.
Careful consideration and adherence to legal safeguards are crucial when invoking these powers.
MCQ
Question 1
Which of the following scenarios would most likely justify a declaration of martial law in the Philippines?
- A. Increasing cases of cybercrime leading to significant financial losses.
- B. A large-scale armed rebellion that threatens government stability and public safety.
- C. A prolonged drought causing widespread famine and economic hardship.
- D. A series of high-profile kidnappings targeting foreign tourists.
Answer: B. A large-scale armed rebellion that threatens government stability and public safety.
Reasoning: Martial law is a drastic measure reserved for situations where there is a grave threat to public safety and order, such as a widespread armed rebellion. The other options do not constitute such a threat.
