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Political Law > Legislative Department > Flashcards

Legislative Department Flashcards

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1
Q

Composition of the Senate

A

24 senators elected at large

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2
Q

Qualifications of a Senator

A
  1. Natural-born citizen of the Philippines
  2. At least 35 years of age on the day of the election
  3. Able to read and write
  4. Registered Voter
  5. Resident of the Philippines for not less than 2 years immediately preceding the day of the election
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3
Q

Term of Office

A

6 years starting at noon on the 30th day of June following the elections. No senator shall serve for more than 2 consecutive terms.

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4
Q

Composition of the House of Representatives

A

Composed of not more than 250 members unless otherwise fixed by law consisting of:
1. District representatives - elected from legislative districts apportioned among the provinces, cities, and the Metro Manila
2. Party-list representatives - constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties or organizations

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5
Q

Term of Office of Members of HOR

A

3 years which shall begin unless otherwise provided by law, at noon on the 30th of June following the elections.
Cannot serve for more than 3 consecutive terms.

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6
Q

Qualifications of a District Representative

A
  1. Natural-born citizen of the Philippines
  2. At least 25 years on the day of the election
  3. Able to read and write
  4. Registered voter in the district in which he shall be elected
  5. A resident of the district in which he seeks to be elected for a period of not less than 1 year immediately preceding the day of the election
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7
Q

Sectoral party is one whose principal advocacy pertains to the special interest and concerns of a specific sector, either one who:

A
  1. Represents marginal and underrepresented
  2. Those who lack a well-defined political constituency
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8
Q

Qualifications of a Party-List nominee

A
  1. National born citizen
  2. At least 25 years old on the day of the election. If youth sector, must be at least 25 but not more than 30 years old
  3. Able to read and write
  4. Registered Voter
  5. Resident of the Philippines of a period not less than 1 year immediately preceding the day of the election
  6. Bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election
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9
Q

What is the Congress’ privilege from arrest?

A

For all offenses punishable by not more than 6 years imprisonment while Congress is in session

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10
Q

What is the Congress’ Parliamentary Privilege of Speech and Debate?

A

They shall not be questioned nor be held liable in any other place for any speech or debate made in the Congress or any committee thereof. Remarks must be:
1. Made while the legislature or legislative committee is in session
2. Made in connection with the discharge of official duties

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11
Q

What is the Rule on Members of Congress holding Incompatible Offices?

A

No Member of congress may hold any other office or employment in the Government or any subdivision, agency, or instrumentality thereof, including GOCCs or their subsidiaries during his term without forfeiting his seat.

He may hold it in an e officio capacity.

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12
Q

What is the rule on Members of Congress holding a forbidden office?

A

He shall not be appointed to any office which may have been created or whose emoluments had been increased during the term for which he was elected

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13
Q

Rule on Disclosures and Conflict of Interest

A

Members of the Senate and the HOR shall 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 a proposed legislation they are authoring.

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14
Q

May Members of Congress practice their professions?

A

Yes, except for lawyers who may practice law but may not personally appear as counsel before any court of justice, Electoral Tribunals, or quasi-judicial and administrative bodies.

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15
Q

“Majority of all members” means

A

Absolute majority of all the members of each house.

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16
Q

What does “a majority of the house” mean?

A

This is a simple majority which requires the concurrence of more than half the electors that are within the coercive jurisdiction of the house, provided a quorum is reached.

17
Q

What is an appropriation bill?

A

It is one the primary and specific purpose of which is to authorize the release of funds from the public treasury

18
Q

What is a revenue bill?

A

It is one that levies taxes and raises funds for the government

19
Q

What is a tariff bill?

A

It specifies the rates or duties to be imposed on imported articles

20
Q

What is a bill that increases public debt?

A

It is a bill that floats bonds for public subscription redeemable after a certain period

21
Q

What is a bill of local application?

A

It is one involving purely local or municipal matters, like a charter of a city

22
Q

What is a private bill?

A

An example is a bill granting honorary citizenship to a distinguished foreigner

23
Q

What is the Budgeting Process in the Government?

A
  1. Budget preparation
  2. Budget Legislation
  3. Budget Execution
  4. Budget Accountability
24
Q

Constitutional Limitations on Special Appropriation measures

A
  1. It must specify the public purpose for which the sum is to be intended
  2. It must be supported by funds actually available as certified to by the National Treasurer, or to be raised by a corresponding revenue proposal
25
Q

Constitutional limitations on General Appropriation law

A
  1. Appropriation, revenue etc shall originate from the HOR
  2. Must be based on the budget prepared by the president
  3. Congress may not increase the appropriations recommended by the President
  4. No provision or enactment shall be embraced unless it relates specifically to some particular appropriation therein
  5. Form, content, and manner of preparation of budget shall be prescribed by law
  6. Strictly follows the procedure for approving appropriations for other depts and agencies
  7. Prohibition against laws approving appropriations for other depts
  8. Discretionary funds appropriated for particular officials shall be disbursed for public purpose
  9. Automatic reappropriation
  10. Appropriation for sectarian purposes are prohibited
26
Q

What is augmentation?

A

The act of the head of offices authorized to use savings in their respective appropriations to provide additional funding to cover an actual deficiency in any existing item of appropriation within their respective offices

27
Q

Who are authorized to augment any item in the General Appropriations law for their respective offices from savings in other items of their respective appropriations?

A
  1. President
  2. President of the Senate
  3. Speaker of the House
  4. Chief justice of the supreme court
  5. Heads of Consti Comm
28
Q

What is pork barrel?

A

It is an appropriation of government spending meant for localized projects and secured solely or primarily to bring money to the representative’s district.

A lump sum discretionary funds primarily intended for local projects are utilized through the respective participations of the Legislative and Executive Branches of the government, including its members.

29
Q

What is the scope of the power of legislative investigation by the Congress?

A
  1. The power to conduct inquiry in aid of legislation in accordance with its duly published rules of procedure
  2. Power to issue summons and notices in connection with matters subject of its investigation or inquiry
  3. Power to punish or declare a person in contempt during or in the course of legislative investigation
  4. Power to determine the rules of its proceedings
30
Q

When does the legislative inquiry of the Senate terminate?

A
  1. Upon the approval or disapproval of the Committee Report
  2. Upon the expiration of 1 Congress
31
Q

Limitations on the power of legislative investigation

A
  1. In aid of legislation
  2. In accordance with duly published rules of procedures
  3. Rights of persons appearing in or affected by such inquiry shall be respected
32
Q

What is Question hour?

A

The heads of the departments may, upon their own initiative, with the consent of the President or upon the request of either House appear before and be heard by such house on any matter pertaining to their departments. When the security of the state or public interest so requires, the appearance will be conducted in executive session.

33
Q

Until when may the Senate detain an individual declared in contempt during a legislative investigation?

A

It should only last until the termination of the legislative inquiry under which the said power is invoked (Balag v. Senate)

34
Q

What is the composition of the Electoral Tribunals?

A

9 Members:
- 3 Justices of the SC designated by CJ
- 6 members of the Senate or HOR as the case may be, chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system

35
Q

When does the HRET acquire jurisdiction over election cases?

A

Once a winning candidate has been duly proclaimed, taken his oath, and assumed office as a member of the HOR

36
Q

What is the function of the Commission on Appointments

A

It acts as a legislative check on the appointing authority of the President and shall act on all appointments submitted to it within 30 session Congress days from their submission.

37
Q

What is the composition of the COA?

A
  • President of the Senate as ex officio Chairman
  • 12 senators (party must have at least 2 members to be entitled to one seat, no rounding off)
  • 12 Members of the House
    On the basis of proportional representation from the parties
38
Q

Which appointments need the concurrence of COA?

A
  1. Heads of Executive Departments
  2. Ambassadors and other public ministers and consuls
  3. Officers of the AFP from rank of colonel or naval captain
  4. Officers whose appointments are vested in him by the Constitution:
    a. Regular members of the Judicial and Bar Council
    b. Chairmen and members of the Constitutional Commissions
    c. Sectoral representatives during the three-consecutive terms after the ratification of the Constitution
39
Q

What is people’s initiative?

A

It is the power of the people to propose amendments to the Constitution or to propose or enact legislation through an election called for the purpose.

Political Law (12 decks)

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