Legislative Department Flashcards
Item Veto vs Pocket Veto
AN item veto refers to the veto made by the president but not the entire bill is vetoed but only specific items. Generally item veto is not allowed but the constitution permits item veto on REVENUE, TARIFF AND APPORPRIATION BILL. Although tit is not an apporpriation, revenue or tariff bill an item veto is still allowed for INAPPROPRIATE PROVISION IN THE BILL.
Pocket veto occurs when the President fails to act on the bill and did not return the bill to Congress because the latter is not in session. In the Philippnes, pocket veto is not applicable because a bill will pass into law if remain inacted within 30 days from receipt thereof.
Party-list representative formula
- Twenty percent allocation - the combined number of all party-list congressman shall not exceed 20% of the total membership of the House of Representative, including those elected under the partylist;
- Two percent threshold - only those parties garnering minimum of 2% of the total valid votes cast for the party-list system are qualified to have a seat in the House of Representatives.
- Three seat limit- each qualified party, regardless of the number of votes it actually obtained, is entitled to a maximum of three seats, that is one “ qualifying” and two additional seats
- First-party rule - additional seats which a qualified party is entitled shall be determined in relation to the total number of votes garnered by the party with the highes number of votes (proportional) - no longer applicable
- – now called proportional representation
Legal basis for the 20% allocation
Section 5(2), Article VI of the Constitution as implemented by RA7941.
Assure that there will be at least a guaranteed portion of the House of Representatives reserved for the party-list members. The legislative policy is to promote the election of party-list representatives in order to enable Filipinos belonging to the marginalized and underrepresented sectors to contribute legislation that would benefit them
Legal basis of the 2% threshold
RA 7941. This is to ensure that the party-list organizations at least represents a significant protion of those voting for the party list system - that they at least have a substantial constituency which must, at the minimum, not be less than 2% of the total number of those casting their votes for party-list
Legal basis of 3 seat limit
RA 7941. This is to prevent any dominant party-list organization from having a monopoly of seats for the party-list system. Since the objective of the party-list system is to enable other groups who might otherwise have difficulty getting to Congress through the traditional system of election, then the system developed to accomodate them must be fair and equitable enough to afford better odds to as many groups possible
First Party Rule
RA 7941. Predicated on proportional representation. There is need to reflect same relation to the toal number of votes obtained. First party must not be placed on same footing as other who obtained less votes. The votes obtained by first party will be the reckoning point for the computation of additional seats
Grounds for the disqualification for registration in the Party-list System
- It is a religious sect or denomination, organization or association organized fro religious purposes
- It advocates violence or unlawful means to seek its goal
- It is a foreign party or organization
- 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
- It violates or fails to comply with laws, rules regulations relating to elections
- It declares untruthful statements in the petition
- It has ceased to exist for at least one year
If it fails to participate in the last 2 preceeding elections or fails to obtain at least two pecentum of the votes cast under the party-list system in the constituency in which it has registered.
Legislative Power is Plenary
As a general rule the legislative power is plenary however it is subject to limitation
- Procedural Limitation
a) There must be one title
b) Three readings in 3 separate days
2. Substantive Limitation Express limitations (Bill of Rights)
Implied Limitations
Separation of Powers
PRinciple of non-delegation
Test for a valid delegation
- Completeness Test - The law must be complete in all its terms and conditions that the delegate will only have to enforce it
- Sufficient Standard Test - the law must contain adequate guidelines to prevent the delegation from running riot
Powers of the Congress
- Legislative Powers
2. Non-legislative powers
Non-legislative powers of the Congress
- Acts as Board of Canvassers for Presidential and Vice Presidential election
- Decide whether the President is temporarily disabled
- Concur in the grant of amnesty by the President
- Initiate (house) and try (senate) impeachment cases
- Act as a constituent assembly in amending or revising the Constitution
Qualifications of a Senator
Section 3 Article 6 of the 1987 Constitution provides:
- Natural born citizen
- 35 years on the day of election
- Able to read and write
- Registered voter
- Resident of the Philippines for at least 2 years
Rational behind partylist system
It is a social tool designed not only to give more law to the great masses of our people who have less in life, but also to be enable them to become veritable lawmakers themselves, empowered to participate directly in the enactment of laws designed to benefit the,.
It intends to make marginalized and underrepresented not merely passive recipients of the State’s benevolence but active participants in the mainstream of representative democracy
Who may participte in the Party-list elections, the Commission on Elections should adhere to the following guidelines:
- National, regional and sectoral parties and organizations may participate;
- National and regional parties or organizations need not organize along sectoral lines nor represent any marginalized and underrepresented
- Political parties can participate in the party list system provided they do not fill candidates in the legislative distirct election.
Political parties can have sectoral wings which can separately register under the party-list system
- Sectoral parties or organizations may be marginalized or underrepresented or lacking in well-defined political constituencies.
It is enought that their principal advocacy pertains to the special interest of their sector.
- Majority of the members of the sectoral parties or organizations that represent the marginalized and underrepresented or lack well-defined political constituencies must belong to the sectors they represent.
The nominees must belong the their sector or must have track recrod of advocacy of their sectors.
- National, regional and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, if they have at least one nominee who is qualified.
When can there be a valid substitution of nominees
- Dies
- Withdraws
- Incapacitated
Procedure in allocating seats in the partylist
- The parties and organizations shall be ranked from highest to lowest based on their number of votes
- Those receiving at least 2% of the total votes cast shall be entitled to one guaranteed seat each
- Those garnering sufficient number of votes according to the ranking in paragraph (a) shall be entitled to additional seats in proportion to their total number of votes until all the seats are allocated
- Each party or organization shall be entitled to not more than three seats
What is gerry mandering?
The creation of representative districts out of separate portions of territory in order to favor a candidate.
As a general rule creation of districts must be contiguous, compact and adjacent
Qualifications for Membership in the Lower House
- Natural-born citizen
- 25 years old on the day of election
- Able to read and write
- Registered voter in his district
- Resident of his district for at least one year
Qualification of a Party-list Representative
- Natural born citizen of the Philippines
- A registered voter
- A resident of the Philippines for a period of not less than one year immediately preceding the day of the election
- Able to read and write
- A bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the elction
- 25 years of age on the day of election
- Political party, sector, organization must represent the marginalized and underrepresented groups
- Must comply with the declared policy of enabing Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the HOR
- must not be disqualified under RA7941 Sec 6
- not religious sector
Incompatible office
No Senator or member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries during his term, without forfeiting his seat.
The purpose is to prevent him from owing loyalty to another branch of the government, to the detriment of the independence of the legislature and the doctine of separation of powers.
Forbidden Office
no Senator or member of the House of Representatives shall be appointed to any offiche, which may have been CREATED, OR THE EMOLUMENTS THEREOF INCREASED during the term for which he was elected
Section 6 Article 21 and 22
Legislative Investigation vs Question Hour
Section 21 -Legislative Investigation
Appearance is mandatory
-Any Person may appear
- The committee will conduct an investigation on any matter for purpose of legislation
Mandatory- except express claim of executive privilege
Section 22 Question hour
- Only department head may appear
- The entire body conduct the investigation
- The subject matters are matters related to the department only
- Appearance is discretionary
Limits of Legislative Investigation
- It must be in aid of legislation
a) re-examination of any law
b) in connection with a proposed law
c) formulation of a future legislation
d) in the exercise of any of its powers under the Constitution - According to its duly published rules
- Rights of persons must be respected
- No pending case in court (Majaducon, Bengzon)
Abandoned in Standard case
New rule: Congress can go with its legislative investigation even if there is pending civil, criminal case in other tribunalvvv
Can the president prohobit military officers from appearing?
Yes officers should follow his commander in chief
What is executive privilege
It is the right of the President and other high-level executive branch officers to withhold information from the public, the courts, and the Congress it includes:
- Military and state secrets
- Law enforcement privileges (identity of persons reporting the crime, progress on investigations)
- Presidential communicat (deliberations/documents reflecting opinions and recommendations)
- Deliberative process (internal deliberations)
Who can invoke executive privilege
Only the president or the executive secretary, by order of the President
Who are covered?
Senior presidential advisors
Malacanang staff who has “operational proximity” to direct presidential decision-making
Conditions for grant of EMERGENCY POWERS
- There is war or other national emergency
- Grant must be for a limited period
- Subject to such restrictions as Congress may provide
- Must be to carry out a declared national policy
Emergency:
Economic
Natural disaster
National Security
Emergency Power
Section 23 (1) The congress, by a vote of 2/3 of bth houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war
(2) In times of war or other national emergency the Congress may, by law, authorize the President, for a limited period and subject such restrictions as it may prescribed, to exercise powers necessary and proper to carry out a declared national policy, unless sooner withdrawn by resolution of the COngress, such powers shall cease upon the next adjournment,
How does a bill becomes a law?
- Approved and signed by the President
- Presidential veto overridden by 2/3 votes of all the members of both House
- Failure of th President to veto the bill and to return it with his objections to the House where it originated, within 30days after the date of receipt
4 A bill calling special election for President and Vice-President
Bills that must originate from the lower house
- Appropriation
- Revenue or tarrif - tax laws
- Authorizing increase of public debt
- Bills of local application
- Private bills
