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CONSTITUTIONAL LAW 1 > Legislative Branch > Flashcards

Legislative Branch Flashcards

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1
Q

Sec. 1 Article VI CONST

A

SECTION 1. ART. VI The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

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2
Q

SECTION 1. ART. VI The ___________ shall be vested in the ___________ which shall consist of a _____ and a ___________, except to the extent reserved to the ______ by the ______ on ______ and ________.

A

SECTION 1. ART. VI The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

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3
Q

Sec. 32. Article VI CONST.

A

SECTION 32. ART VI The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the 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 signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.

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4
Q

SECTION 32. ART VI The Congress shall, _______, provide for a system of ___________, and the exceptions therefrom, whereby the people can ____________ or _____ or ______ any act or law or part thereof passed by the Congress or local legislative body after _________ therefor signed by at least __________ of the total number of __________, of which every legislative district must be represented by at least ______________.

A

SECTION 32. ART VI The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the 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 signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.

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5
Q

CONST. Art. VI. Sec 2

A

SECTION 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

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6
Q

SECTION 2. The Senate shall be composed of ___________ who shall be elected at large by the qualified voters of the Philippines, ___________.

A

SECTION 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

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7
Q

CONST. Art. VI. Sec 3

A

SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

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8
Q

SECTION 3. No person shall be a Senator unless he is a ____________, and, ______________, is at least ____________, able to ___________, _____________, and a ________ of the Philippines for _______ immediately preceding the day of the election.

A

SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

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9
Q

CONST. Art. VI. Sec. 4

A

SECTION 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

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10
Q

SECTION 4. The term of office of the Senators shall be ______ and shall commence, unless otherwise provided by law, at ____ on the _____ day of ______ next following their election.

No Senator shall serve for more than __________. _________ of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

A

SECTION 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

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11
Q

CONST. ART. VI SEC. 5

A

SECTION 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.
(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

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12
Q

SECTION 5. (1) The House of Representatives shall be composed of not more than _________, unless otherwise fixed by law, who shall be elected from ____________ __________, ______, and the __________ in accordance with the number of their respective inhabitants, and on the basis of a ______________, and those who, as provided by law, shall be elected through a ___________ of registered ______, _____, and ___________ or ________.

A

SECTION 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

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13
Q

How many members shall there be in the House of Representatives, according to the 1987 Constitution?

A

There shall be not more than 250 members in the House of Representatives, unless otherwise fixed by law.

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14
Q

How are the members of the House of Representatives elected?

A

They shall be elected from legislative districts.

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15
Q

How are legislative districts determined?

A

Legislative districts are determined through an apportionment where provinces, cities, and the Metropolitan Manila area are apportioned in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio.

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16
Q

Are there other mechanisms for a which a person may be elected in the House of Representatives?

A

Yes, Art. VI Sec. 5 (1) provides that there shall be members of the House of Representatives who shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

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17
Q

Who can be elected through the party-list system according to the Constitution?

A

Registered national, regional, and sectoral parties or organizations.

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18
Q

What are the two chambers of Congress?

A

The two chambers of Congress are the Senate and the House of Representatives

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19
Q

To whom does the Constitution vest upon the legislative power?

A

The Constitution, in Article VI Sec 1, provides that the legislative power shall be vested in the Congress of the Philippines which shall be composed of the Senate and the House of Representatives.

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20
Q

What is the exception to Article VI Sec 1 of the Constitution?

A

The exception is that the legislative power is also reserved to the people to the extent of a referendum or an initiative.

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21
Q

How many Senators shall there be?

A

There shall be twenty-four (24) Senators.

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22
Q

What is the term limitation of a Senator?

A

The Senator can only serve for two consecutive terms.

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23
Q

How many years is a term for a Senator?

A

The term for a Senator shall be six years.

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24
Q

What are the constitutional qualifications of a Senator?

A

No person shall be a Senator unless he is:

(1) a naturalp-born citizen of the Philippines;
(2) at least thirty-five years of age on the day of the elections;
(3) able to read and write;
(4) a registered voter; and
(5) a resident of hte Philippines for not less than two years immediately preceding the day of the elections

25
Q

(2) The party-list representatives shall ______________ of the total number of representatives including those under the party list. For __________ after ___________, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the ____, _____, __________, _______________, ____, ______, and such _________ as may be provided by law, except the ___________.

A

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

26
Q

What sector is not allowed to have a seat in Congress?

A

The religious sector is barred from having a party-list seat in Congress.

27
Q

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population of at least _____________, or each province, shall have at least _______.

A

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

28
Q

What is the minimum population required for a city or province in order to be entitled to one representative?

A

The minimum population requirement for a city or a province to be entitled to one representative shall be at least two hundred fifty thousand (250,000).

29
Q

(4) Within ______ following the return of _______, the Congress shall make a ________ of legislative districts based on the standards provided in this section.

A

(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

30
Q

How many years following the return of every census shall Congress make a reapportionment?

A

The Congress shall make a reapportionment within three years following the return of every census.

31
Q

What are the standards setforth by the Constitution for the apportionment of legislative districts?

A

Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory.

32
Q

What is the term used for the act of manipulation of the legislative districts?

A

Gerrymandering

33
Q

SEC. 6 ART. VI CONST.

A

SECTION 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

34
Q

What are the requirements to be a Member of the House Representatives, as provided by the Constitution?

A

Art VI Sec 6 of the Constitution provides that no person shall be a Member of the House of Representatives unless he is:

(1) a natural-born citizen of the Philippines;
(2) at least twenty-give years of age on the day of the election
(3) able to read and write;
(4) registered voter in the dristrict in which he shall be elected, except for party-list representatives; and
(5) resident for a period of not less than one year immediately preceding the day of the election, except for party-list representatives

35
Q

SEC. 7 ART. VI CONST.

A

SECTION 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

No member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

36
Q

How long is a term for a member of the House of Representatives

A

A term shall be three years.

37
Q

What is the limit for the number of consecutive terms a representative may serve?

A

A member of the House of Representative shall serve no more than three consecutive terms.

38
Q

SEC 8. ART VI. CONST.

A

SECTION 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.

39
Q

When shall the regular elections for the Senators and Members of the House of Representative be held?

A

The regular elections of the Senators and the Members of the HRep shall be held on the second Monday of May, unless otherwise provided by law.

40
Q

SEC. 7 ART. IX-C CONST.

A

SECTION 7. ART IX-C 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.

41
Q

SEC. 7 ART. XVIII CONST.

A

SECTION 7. Until a law is passed, the President may fill by appointment from a list of nominees by the respective sectors the seats reserved for sectoral representation in paragraph (2), Section 5 of Article VI of this Constitution.

42
Q

What is the statory required percent of votes per the total votes cast under the party-list system in order to be guaranteed a seat in the House of Representatives?

A

According to the Party-List System Act, a party-list candidate must attain at least 2% of votes of the total votes cast in the party-list system in order to be guaranteed one seat.

43
Q

How many seats are allocated for the party-list system?

A

Article VI Sec. 5 provides that 20% of the total members of Congress shall constitute the party-list representatives.

44
Q

Can the candidates who did not meet the 2% threshold still be awarded party-list seats in Congress?

A

Yes, the candidates who did not meet the 2% threshold can still be awarded seats. In the case of BANAT v COMELEC, the Supreme Court changed the mechanisms for awarding of seats, finding that the previous formula provided in a Sec. 11 (b) clause 2 of the Party-list System Act which awards additional seats only to those who have met the 2% threshold is unconstitutional. Under the new formula, additional seats are distributed among all party-list representatives through a ranking system where those who attained the highest rank shall be awarded the first additional seat, the second ranking - the second seat, etc. until all assigned seats are distributed.

45
Q

Is there a seat cap limit provided in the Constitution?

A

No, the Constitution does not provide a seat cap limit to the party-list representatives. However, the Party-List System Act limits the seats that may be awarded to a party-list representative to only 3 seats.

46
Q

If a party-list representative is, on the basis of the BANAT formula, awarded a fourth seat, shall the fourth seat be forfeited to another part-list representative?

A

No, the excess of the three-seats supposed to be allocated for the party-list representative who have reached the cap shall not be awarded to another party-list. The reason for such is to respect the mandate provided by the electorate.

47
Q

Can major political parties enter the party-list system?

A

Yes, in the case of Atong Paglaum v COMELEC, the Supreme Court ruled that major political parties may enter the party-list system act, overruling the BANAT doctrine and Ang Bagong Bayani doctrine.

48
Q

What is a party under the Party-List System Act?

A

A party means either a political party or a sectoral party or a coalition of parties.

49
Q

What is a political party under the Party-List System Act RA 7941?

A

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 emmbers as candidates for public office.

50
Q

What is a sectoral party according to RA 7941?

A

Sectoral parties refer to an organized group of citizens belonging to any of the sectors enumerated in Section 5 hereof (Sec 5 RA 7941) whose principal advocacy pertains to the special interest and concerns of their sector.

51
Q

What are the sectors provided under Sec 5 RA 7941?

A

The sectors shall include labor, peasant, fisherfold, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workes, and professionals.

52
Q

Does RA 7941 require national and regional parties or organizations to represent the “marginalized and underrepresented?”

A

No, in the case of Atong Paglaum v COMELEC, the Supreme Court held that RA 7941 does not require national and regional parties to represent the “marginalized and underrepresented” because to require them to do so is to deprive and exclude ideology-based and cause-oriented parties from the party-list system.

53
Q

What is the purpose of the Party-List System according to RA 7941?

A

The purpose of the party-list system is to promote proportional representation in the election of representatives to the House of Representatives party-list system. The party-list system is to enable Filipinos belonging to “marginalized and underrepresented sectors, organizations and parties, and who lack well-defined political constituencies,” to be come members of the House of Representatives.

54
Q

What are the requirements for sectoral parties, as laid down by the Court in the case of Atong Paglaum v COMELEC?

A

The requirements for sectoral parties are:

(1) a majority of the members of the sectoral party must belong to the “marginalized and underrepresented;”
(2) the nominees of the sectoral party either must belong to the sector, or must have a track record of advocacy for the sector represented.

55
Q

What are the requirements for a nominee of the party-list system?

A

The requirements for a nominee of a sectoral party must be that he / she be a bona fide member of the party or organization which he or she seeks to represent.

56
Q

What are the requirements to be a bona fide member of a sectoral party?

A

To be a bona fide member of a sectoral party, the party-list nominee must either belong to the sector represented, or have a track record of advocacy for such sector.

57
Q

What is the unique requirement for youth party-list nominee?

A

In case of a nominee of the youth sector, he/she must be:

(1) at least twenty-five years old but not more thant thirty on the day of the elections;

58
Q

If a youth party nominee, while in office, turns 31, shall he forfeit his seat?

A

No, the youth party-list nominee shall be allowed to continue in office until the expiration of his term.

CONSTITUTIONAL LAW 1 (12 decks)

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