Legislative Department Flashcards
What is the composition of The Senate
Article VI, Section 2. The Senate shall be composed of 24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
What are the qualifications to be a Senator?
Article VI, Section 3. No person shall be Senator unless he is a natural- born citizen of the Philippines, and 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.
What is the term of office for senators?
Article VI, Section 4. The term of office of the Senators shall be 6 years and shall commence, unless otherwise provided by law, at noon on the 30th day of June next following their election.
No Senator shall serve for more than 2 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.
Is the Congress a Continuing Body?
No, Congress is not a continuing body.
At the end of the term of a Congress, all Unfinished Business are deemed terminated. (See League of Cities v. COMELEC GR No. 157870)
What is the composition of the House of Representatives?
Article VI, Section 5(1). The House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila 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.
What are the rules on legislative districting?
Article VI, Section 5(3). Each legislative district shall compromise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least 250,000 or each province, shall have at lease one representative.
The 250,000 minimum population requirement for the establishment of legislative districts under the same section only applies to cities.
Explain the re-appointment of legislative district.
Article VI, Section 5(4). Within 3 years following the return of every census, the Congress shall make a reapportionment of legislative district based on the standards provided in this section.
What is Gerrymandering?
The arrangement of districts in such a way as to favor the election of preferred candidates (usually re-electionists) through the inclusion therein only of those areas where they expect to win, regardless of the resultant shape of such districts.
Is Gerrymandering prohibited?
Yes, The Constitution prohibits Gerrymandering, it has been described as “an apportionment of representative districts so contrived as to give an unfair advantage to the party in power.
What is the composition of Party-List Representatives?
Article VI, Section 5(2). The party-list representatives shall constitute 20% of the total number of representatives including those under the party-list.
Discuss the term for Party-List Representatives.
Article VI, Section 5(2). For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to a 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.
What is RA 7941?
The provision mandates a state policy of promoting proportional representation by means of Filipino-style party-list system, which will “enable’’ the election of the House of Representatives of Filipino Citizens;
1. Who belong to the marginalized and underrepresented sectors, organizations and parties; and
2. Who lack well-defined constituencies; but
3. Who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.
What is proportional representation?
Refers to the representation of the “marginalized and underrepresented” as exemplified by the enumeration in Section 5 of the law; namely, “labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.
How can a party-list claim representation of the marginalized and underrepresented?
The party-list organization or party must factually and truly represent the marginalized and underrepresented constituencies mentioned in Section 5. Concurrently, the persons nominated by the party-list candidate-organization must be “Filipino citizens belonging to marginalized and underrepresented sectors, organizations and parties.
Lack of Well-Defined Constituency means:
Refers to the absence of a traditionally identifiable electoral group, like voters of a congressional district or territorial unit of government. Rather, it points again to those with disparate interests identified with the “marginalized or underrepresented.
What is the Party-List System
RA 7491, Section 3(a). it is a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the COMELEC. Component parties or organizations of a coalition may participate independently, provided the coalition of which they form part does not participate in the party-list system.
What does Party mean?
RA 7941, Section 3(b). means either a political party or a sectoral party or coalition of parties.
Distinguish Political Party, National Party, and Regional Party
RA 7491, Section 3(c).
Political Party - 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.
National Party - When its constituency is spread over the geographical territory of at least a majority of the regions.
Regional Party - When its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region.
What is a Sectoral Party?
RA 7491, Section 3(d).
Refers to an organized group of citizens whose principal advocacy pertains to the special interest and concerns of their sector, which belongs to any of the following sectors:
a. Labor;
b. Peasant;
c. Fisherfolk;
d. Urban poor;
e. Indigenous cultural communities;
f. Elderly;
g. Handicapped;
h. Women;
i. Youth;
j. Veterans;
k. Overseas workers; and
l. Professionals.
What is a Sectoral Organization?
RA 7491, Section 3(e).
Refers to a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interest or concerns.
What is a Coalition?
RA 7491, Section 3(f). refers to an aggrupation of duly registered national, regional, sectoral, parties or organizations for political and/or election purposes.
Who are allowed to register as a Party-List?
RA 7491, Section 5.
Any organized group of persons may register as a party, organization or coalition for purposes of the
party-list system by filing with the COMELEC not later than ninety (90) days before the election a petition verified by its president or secretary stating its desire to participate in the party-list system as a national, regional or sectoral party or organization or a coalition of such parties or organizations, attaching thereto its constitution, by-laws, platform or program of government, list of officers, coalition agreement and other relevant information as the COMELEC may require: Provided, That the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.
May a political party participate in the party-list system of 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. A political party, whether major or not, that fields 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. The sectoral wing is by itself an independent sectoral party, and is linked to a political party through a coalition;
What are the qualifications to be a Member of the House of Representatives?
Article VI, Section 6.
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 1 year immediately preceding the day of election.
Define residence
It is defined as the place where one habitually resides and to which, when he is absent, he has the intention of returning.
The term “residence” is to be understood not in its common acceptation as referring to “dwelling” or “habitation,” but rather to “domicile” or legal residence, that is, “the place where a party actually or constructively has his permanent home, where he, no matter where he may be found at any given time, eventually intends to return and remain (animus manendi).
Difference between residence vs domicile
Residence involves the intent to leave when the purpose for which the resident has taken up his abode ends. One may seek a place for purposes such as pleasure, business, or health. is used to indicate a place of abode, whether permanent or temporary;
If a person’s intent be to remain, it becomes his domicile. However, a person can only have a single domicile, unless, for various reasons, he successfully abandons his domicile in favor of another domicile of choice. denotes a fixed permanent residence to which, when absent, one has the intention of returning. Domicile denotes a fixed permanent residence to which, whenever absent for business, pleasure, or some other reasons, one intends to return.
Residence is not domicile, but domicile is residence coupled with the intention to remain for an unlimited time.
What is Domicile of Origin?
If one wishes to successfully effect a change of domicile, he must demonstrate an actual removal or an actual change of domicile, a bonafide intention of abandoning the former place of residence and establishing a new one, and definite acts which correspond with the purpose. Without clear and positive proof of the concurrence of these three requirements, the domicile of origin continues.
