Legislative Department Flashcards
1
Q
The Legislative Power?
A
The power to propose, enact, amend and repeal laws
2
Q
Where the legislative power vested?
A
In the Congress, except to the extent reserved to the people by the provision on initiative and referendum.
3
Q
Cannot be the subject of an initiative or referendum petition?
A
Petition embracing more than one subject;
Statutes involving emergency measures, the enactment of which is specifically vested in Congress.
4
Q
Statutes involving emergency measures can be subject to referendum until?
A
until ninety (90) days after their effectivity
5
Q
Local Initiative?
A
may file a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution provided they garner the needed voters.
6
Q
Local Initiative in case of provinces and cities?
A
1,000 in case of provinces and cities
7
Q
Local Initiative in case of municipalities?
A
100 in case of municipalities
8
Q
Local Initiative in case of in case of barangays?
A
50 in case of barangays,
9
Q
Limitations on Local Initiative: The power of local initiative shall not be exercised more than?
A
once a year.
10
Q
Limitations on Local Initiative: Initiative shall extend only to subjects or matters?
A
which are within the legal powers of the local legislative bodies to enact
11
Q
Limitations on Local Initiative: If at any time before the initiative is held?
A
the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled
12
Q
Classification of legislative power?
A
Original legislative power;
Derivative legislative power;
Constituent; and
Ordinary;
13
Q
Classification of legislative power: Original legislative power?
A
possessed by the sovereign people
14
Q
Classification of legislative power: Derivative legislative power?
A
that which has been delegated by the sovereign people to the legislative bodies
15
Q
-
A
-
16
Q
Classification of legislative power: Ordinary?
A
Power to pass ordinary laws.
17
Q
Limitations on legislative power?
A
Substantive limitations;
Procedural limitations;
18
Q
Limitations on legislative power: Substantive limitations:Express Limitations?
A
Express Limitations:
- Bill of Rights
- On Appropriations
- On Taxation
- On Constitutional Appellate jurisdiction of SC
- No law granting a title of royalty or nobility shall be enacted
19
Q
Limitations on legislative power: Substantive limitations?
A
Refer to the subject matter of legislation
20
Q
Limitations on legislative power: Procedural limitations?
A
Formal limitations refer to the procedural requirements to be complied with by Congress in the passage of the bills.
21
Q
Substantive limitations: Express Limitations:
- Bill of Rights
- On Appropriations
- On Taxation
- On Constitutional Appellate jurisdiction of SC
- No law granting a title of royalty or nobility shall be enacted
A
No law shall be passed abridging freedom of speech, of expression etc; made respecting an establishment of religion; impairing the obligation of contracts shall be passed; ex post facto law or bill of attainder shall be enacted;
Congress cannot increase appropriations by the President;
No law shall be passed increasing the appellate jurisdiction of the SC without its advice and concurrence
22
Q
Substantive limitations: Implied limitations
A
Implied limitations:
Congress cannot legislate irrepealable laws;
Congress cannot delegate legislative powers
Non-encroachment on powers of
other departments
23
Q
Procedural limitations - Formal limitations refer to the procedural requirements to be complied with by Congress in the passage of the bills.
A
Only one subject;
Three readings on separate days;
Printed copies in its final form 3 days before passage of the bill
24
Q
Doctrine of Non-delegation of legislative powers:
A
what has been delegated cannot be delegated
25
Doctrine of Non-delegation of legislative powers rest on
The ethical principle that a delegated power constitutes not only a right but duty to be performed by the delegate by the instrumentality of his own judgment
and not through the intervening mind of another
26
Rationale of the Doctrine of Non-delegation of legislative powers?
Separate of powers; due process of law; what has been delegated already cannot be further delegated.
27
Gen Rule of Valid Delegation of Legislative Powers?
Legislative power cannot be delegated
28
Exception of Valid Delegation of Legislative Powers?
Delegation of tariff power to the President;
Delegation of emergency powers to the
President;
Delegation to LGU’s
29
Senate Composition?
24 senators elected at large
30
Qualifications of Senator?
Natural-born citizen; >=35 yrs old; Able to read and write; A registered voter; Resident of the Philippines for at least 2 years immediately
preceding the day of the election
31
Term of Office of a Senator?
6 years, commencing at noon on the 30th day
| of June next following their election
32
Term Limits of a Senator?
Only up to 2 consecutive terms. However, they
| may serve for more than 2 terms provided that the terms are not consecutive
33
Term Limits of a Senator: serve for more than 2 terms; consecutive; valid?
No
34
Composition of House of Representatives?
Not more than 250 members, unless otherwise
| provided by law.
35
House of Representatives consisting of?
District Representatives;
Party-List Representatives;
Sectoral Representatives
36
District Representatives:
elected from legislative districts apportioned among the provinces, cities, and the Metro Manila area.
37
Rules on Apportionment of District Representatives:
Atleast 1 rep/province/City 250 population
| Re-apportionment by Congress/3 years/census
38
Party-List Representatives?
20% of the total n. of representatives chosen through a party selected by voters.
39
Rules on Party-List Representatives?
2% of all votes case/party-list seat;
| May not have more than 3 seats;
40
Disqualified: Party-List Representatives?
religious sects; foreign organizations; advocating violence or unlawful means
41
Qualified Sectors of Party-List Representatives? Y or No? Labor
Yes
42
Qualified Sectors of Party-List Representatives? Y or No? religious sects
No
43
Qualified Sectors of Party-List Representatives? Y or No? Peasant
Yes
44
Qualified Sectors of Party-List Representatives? Y or No? UCCP
No
45
Qualified Sectors of Party-List Representatives? Y or No? Fisherfolk.
Yes
46
Qualified Sectors of Party-List Representatives? Y or No? foreign organizations
No
47
Qualified Sectors of Party-List Representatives? Y or No? Urban poor
Yes
48
Qualified Sectors of Party-List Representatives? Y or No?elderly
Yes
49
Qualified Sectors of Party-List Representatives? Y or No? UN
No
50
Qualified Sectors of Party-List Representatives? Y or No?UK
No
51
Qualified Sectors of Party-List Representatives? Y or No? indigenous cultural communities
Yes
52
Qualified Sectors of Party-List Representatives? Y or No? University?
no
53
Qualified Sectors of Party-List Representatives? Y or No?handicapped
Yes
54
Qualified Sectors of Party-List Representatives? Y or No? women
Yes
55
Qualified Sectors of Party-List Representatives? Y or No? youth?
Yes
56
Qualified Sectors of Party-List Representatives? Y or No? veterans
Yes
57
Qualified Sectors of Party-List Representatives? Y or No? overseas workers
Yes
58
Qualified Sectors of Party-List Representatives? Y or No? professionals
No
59
Qualified Sectors of Party-List Representatives? Y or No? Org. funded by Gov? Party List?
No. The part must not be an adjunct of an entity or
| project funded by the government
60
Qualified Sectors of Party-List Representatives? Y or No? Makati Business Club?
No. The parties must represent the marginalized and underrepresented.
61
Qualifications of Party-List Representatives?
Natural-born citizens; >=25 yrs. old; able to read and write; Registered voter in the district he seeks to represent; A resident of the said district for at least 1 year immediately preceding the day of the election
62
Term of Office of Party-List Representatives?
3 years, commencing at noon on the 30th day of
| June next following their election.
63
No member of the House of Representatives shall
| serve for more than
3 consecutive terms.
64
The first elections of Members of the Congress under this Constitution shall be held on the second
Monday of May, 1987
65
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
66
In case of vacancy in the Senate or in the House of Representatives?
a special election may be called to fill such
vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.
67
a special election may be called to fill such
vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only
for the unexpired term.
68
The salaries of Senators and Members of the House of
| Representatives shall be determined?
law
69
Rule on salary increase of all the Members of the Senate and the House of Representatives approving such increase?
No increase in said compensation shall take effect until after the expiration of the full term.
70
Until the Congress provides otherwise, the President shall receive an annual salary of:
three hundred thousand pesos;
71
the Vice-President, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme
Court salary?
two hundred forty thousand pesos each;
72
the Senators, the Members of the House of Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional Commissions, two hundred four thousand pesos each; and the Members of the Constitutional Commissions
100K each
73
A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than__? imprisonment, be privileged from _? while the Congress is in _?
Freedom from Arrest : six years; arrest; is in session.
74
No Member shall be questioned nor be held liable in any other place for _?
Freedom from Arrest: any speech or debate in the Congress or in any committee thereof.
75
Although absolute in its protection of the member of Congress against suits for libel, does not shield the member against
the disciplinary authority of the Congress.
76
Disqualifications: May not hold any other office or employment in the government during his term
without forfeiting his seat.
77
Disqualifications: Appointed to any office created or the emoluments thereof were increased
during the term for which he was elected.
78
Disqua: personally appear as counsel before any court, electoral tribunal, quasi-judicial and administrative bodies
during his term of office
79
Disqua: Shall not be financially interested, directly or indirectly, in any contract with, or franchise or special privilege granted by the government
during his term of office
80
Disqua: Shall not intervene in any matter before any office of the government when
it is for his pecuniary benefit or where he may be called upon to act on account of his office
81
Duty to Disclose:
A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth.
82
Cases wherein declaration shall be disclosed to the public in the manner provided by law: President
Yes
83
Cases wherein declaration shall be disclosed to the public in the manner provided by law: Mayor
No
84
Cases wherein declaration shall be disclosed to the public in the manner provided by law: Vice-President
Y
85
Cases wherein declaration shall be disclosed to the public in the manner provided by law:the Supreme Court
Yes
86
Cases wherein declaration shall be disclosed to the public in the manner provided by law: officers of the armed forces with general or flag rank
Yes
87
Cases wherein declaration shall be disclosed to the public in the manner provided by law: the Members of the Cabinet
YE
88
Cases wherein declaration shall be disclosed to the public in the manner provided by law: Brgy. Captain
Y
89
Cases wherein declaration shall be disclosed to the public in the manner provided by law:
the Constitutional Commissions and other constitutional
| offices
90
Financial and business interests of Congress
All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of such
91
Failed to notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors
Duty to Disclose; disqualified
92
The records and books of accounts of the Congress
shall be preserved and be open to the public in accordance with law,
93
Internal Government of Congress: Election of officers?
Senate President;
Speaker of the House;
Such officers as deemed by each house to be necessary
94
Internal Government of Congress: Election of officers votes?
By a majority vote of all respective members
95
Internal Government of Congress: Quorum?
Majority of each House shall constitute a quorum.
96
Internal Government of Congress: Quorum: A smaller number may?
adjourn from day to day and may compel the attendance of absent members
97
Internal Government of Congress: Quorum: In computing a quorum?
members who are outside the country, thus outside of each House’s coercive jurisdiction, are not included.
98
Rules of Proceedings
Each House shall determine its own procedural rules.
99
Rules of Proceedings: Corollary to Congress’ power to make rules is the power to
ignore them when circumstances so require.
100
Rules of Proceedings: Issues either be:
Political; Justiciable;
101
Rules of Proceedings: Issues either be: Political
On matters affecting only internal operation of
| the legislature, the legislature’s formulation and implementation of its rules
102
Rules of Proceedings: Issues either be: Justiciable
when the legislative rule affects private rights
103
Discipline of Members: Each house may punish its members for ? with the concurrence of _?
disorderly behavior; 2/3 of ALL its members
104
Discipline of Members: Suspension shall not exceed
60 days
105
Discipline of Members: Expulsion
disorderly conduct; concurrence
106
Discipline of Members: deletion of unparliamentary remarks from the record
disorderly conduct; concurrence
107
Discipline of Members: fine?
disorderly conduct; concurrence
108
Discipline of Members: imprisonment
disorderly conduct; concurrence
109
Journal and Congressional Records: The Enrolled Bill Theory?
An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House
110
An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House, where the certifications are valid and are not withdrawn?
the contents of the enrolled bill are conclusive upon the courts
111
A duly authenticated bill or
resolution imports absolute verity and is
binding on the courts. T or F?
True
112
Probative value of the Journal?
The Journal is conclusive upon the courts.
113
The Journal is conclusive upon the courts, But when the contents of the journal conflicts with that of an enrolled bill,
the enrolled bill prevails over the contents of the
| journal.
114
All bills enacted during the sine die session are?
valid and conclusive upon the Courts.
115
The Journals are conclusive evidence of the
| contents thereof and Courts are?
bound to take judicial
| notice of them.
116
Matters required to be entered in the Journal: on third and final reading of a bill?
Yeas and Nays
117
Matters required to be entered in the Journal: Presidents?
Veto message
118
Matters required to be entered in the Journal : on the repassing of a bill vetoed by the President
Yeas and Nays
119
Matters required to be entered in the Journal: on any question at the request of 1/5 of
members present?
Yeas and Nays
120
The bill was not duly enacted and therefore did not become law?
the President of the Senate and the Chief
| Executive withdrew their signatures therein.
121
Regular Sessions: Convenes?
once every year on the 4th Monday of July
122
Regular Sessions: Continues to be in session?
until 30 days before the start of its
| next regular session, exclusive of Saturdays, Sundays, and legal holidays.
123
Special Sessions: Called by the?
President at any time
124
Special Sessions: Called by the President at any time when?
Congress is not in session
125
Adjournments: Neither House can adjourn for
More than 3 days during the time Congress is in session without the consent of the other House.
126
Adjournments: Neither can they adjourn to
any other place than that where the two houses are sitting, without the consent of the other.
127
Joint Sessions: Voting separately: Choosing?
Choosing the President;
128
Joint Sessions: Voting separately: Determining?
Determining the President’s temporary disability
129
Joint Sessions: Voting separately: Declaring?
Declaring a state of war
130
Joint Sessions: Voting separately: Amending?
Amending the Constitution
131
Voting Jointly?
To revoke or extend martial law or suspension of privilege of habeas corpus
132
Electoral Tribunals: Composition?
3 Supreme Court Justices to be designated by the Chief Justice;.
6 Members of the Senate or House, as the case may be,
133
Electoral Tribunals: Composition; 3 Supreme Court Justices to be designated by the Chief Justice; Chairman?
senior Justice in the Electoral Tribunal shall be its Chairman
134
Electoral Tribunals: Composition; 6 Members of the Senate or House; chosen on the basis?
chosen on the basis of proportional representation from the political parties and party-list organizations
135
The ET shall be constituted within? after the Senate and the House.
30 days; shall have been organized with the election of the President and the Speaker
136
Electoral Tribunals: Members chosen enjoy?
security of tenure and cannot be removed by mere change of party affiliation.
137
Electoral Tribunals: Nature of Function?
To be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their respective members
138
Electoral Tribunals: Jurisdiction?
ET has jurisdiction only when there is an election contest
139
election contest’?
one where a defeated candidate challenges
| the qualification and claims for himself the seat of a proclaimed winner.
140
The Electoral Tribunals are
are independent constitutional bodies and cannot be regulated by Congress.
141
To be able to exercise exclusive jurisdiction, the House Electoral Tribunal must be?
independent
142
ET jurisdiction to hear and decide
| congressional election contests is not to be
shared by it with the
| Legislature nor with the Courts
143
Valid grounds / Just cause for termination of membership to the tribunal: Expiration of?
Congressional term of office;
144
Valid grounds / Just cause for termination of membership to the tribunal: losss
Death or permanent disability
145
Valid grounds / Just cause for termination of membership to the tribunal: political party which one represents in the tribunal?
Resignation
146
Valid grounds / Just cause for termination of membership to the tribunal: office for other valid reasons
Removal
147
The HRET will only gain jurisdiction upon?
proclamation of the candidate
148
The power granted to HRET by the Constitution is intended to be?
complete and unimpaired as if it had remained originally in the legislature
149
Judicial review of decisions of Electoral Tribunals: may be had with the SC only insofar as the decision or resolution was rendered
without or in excess of jurisdiction;
| with grave abuse of discretion tantamount to denial of due process.
150
Commission on Appointments: Composition?
Senate President as ex-officio chairman; 12 Senators; 12 Members of the House
151
Senate President as ex-officio chairman of Commission on Appointments shall not?
vote except in case of a tie
152
Commission on Appointments: Composition: Senate President as ex-officio chairman; 12 Senators; 12 Members of the House: elected on the basis of:
proportional representation from the political
| parties and party-list organizations
153
The CA shall be constituted within _? after the
30 days; Senate and the House of Representative shall have been organized with the election of the President and the Speaker
154
The CA shall act on all appointments within?
30 session days from their submission to Congress.
155
CA meets only while Congress is?
in session.
156
CA Meetings are held?
at the call of the Chairman or a majority of all its members.
157
Since the CA is also an independent constitutional body, its rules of procedure are?
outside the scope of congressional powers as well as that of the judiciary.
158
CA shall confirm the appointments by the President with respect to the following positions:
Heads of the Executive Departments;
Ambassadors, other public ministers or consuls;
Officers of the AFP from the rank of Colonel or Naval Captain;
Other officers whose appointments are vested in him by the Constitution.
159
CA shall confirm the appointments by the President with respect to the following positions: Heads of the Executive Departments: except?
if it is the Vice-President who is appointed to the post
160
Congress cannot by law require that the appointment of a person to an office created by such law shall be
subject to confirmation by the CA.
161
Appointments extended by the President to the positions while Congress is not in session shall only be effective?
until disapproval by the CA or until the next adjournment of Congress.
