Legislative Department Flashcards
What is legislative power?
It is the authoity to make laws and to alter and repeal them.
Who may excercise legislative power?
- congress
- regional/local legislative power
- people’s initiative on statutes
- the president under martial law or in a revolutionary government
FIB
Legislative power is vested in the ________, which consists of a ________ and a ___________. [Sec 1, ArtVI]
Congress;
Senate;
House of Representatives
The grant of legislative power to Congress is ________.
plenary
Congress may legislate on any subject matter provided theat constitutional limitations are observed
In what way is legislative power vested in the people?
Through the system of initiative and referendum.
This is the power of the people directly to “propose and enact laws or approve or reject any act or law or part thereof passed byt the Congress of local legislative body”.
Power of initiative and referendum
What is the power of initiative and referendum?
This is the power of the people directly to “propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body”
What is the law that provides for the system of initiative and referendum?
RA 6735
An Act Providing for a System of Initiative and Referendum and Appropriating Funds Thereof
Initiative and Referendum is only valid for: (enum)
-laws
-ordinances
-resolutions
-not ammendments to the Constitution
[Defensor-Santiago vs. Comelec]
What are the voter requirements for a local initiative?
not less than x voters autonomous regions - 2,000 provinces - 1,000 municipalities - 100 barangays - 50
Where to file for a local initiative?
Regional Assembly or local legislative body, as the case may be
What are the limitations on local initiative?
a. Cannot be exercised more than once a year;
b. extends only to subjects or matters which are within the legal powers of the local legislative bodies to enact;
c. if at any time before the initiative is held, the local legislative body should adopt in toto the proposition presented, the initiative shall be cancelled [Sec. 15, RA 6735].
This refers to the power of the electorate to approve or reject legislation through an election called for that purpose [Sec. 3(c), RA 6735].
Referendum
What is a referendum?
This refers to the power of the electorate to approve or reject legislation through an election called for that purpose [Sec. 3(c), RA 6735].
What are the classes of referendum?
- Referendum on statues
- Referendum on Local Laws
What is the difference bet. a referndum on statues and a referendum on local laws?
Referendum on statutes: petition to approve or reject an act or law, or part thereof, passed by Congress;
Referendum on local laws: legal process whereby the registered voters of the LGUs may approve, amend, or reject any ordinance enacted by the Sanggunian [Sec. 126, LGC]
Is the power to hold a referendum plenary?
NO.
Such power is circumscribed by the following limitations:
a. No petition embracing more than one subject shall be submitted to the electorate; and
b. Statutes involving emergency measures, the enactment of which is specifically vested in Congress by the Constitution, cannot be subject to referendum until 90 days after their effectivity [Sec. 10, RA 6735].
When may Congress delagate legislative power to the President?
In times of war or in other national emergency.
What are the Houses of Congress?
- Senate
2. House of Representatives
What is the composition of the Senate?
24 senators elected at large
What is the composition of the House of Representatives?
Not more than 250 members, unless otherwise provided by law, consisting of:
a. District Representatives
b. Party-List Representatives
What are the qualifications for the Senate?
a. Natural-born citizen
b. At least 35 years old on the day of the election
c. Able to read and write
d. A registered voter
e. Resident of the Philippines for at least 2 years immediately preceding the day of the election
What are the qualifications for the House of Representatives?
a. Natural-born citizens
b. At least 25 years old on the day of the election
c. Able to read and write
d. A registered voter in the district he seeks
to represent
e. A resident of the said district for at least 1 year immediately preceding the day of the election
What is the difference bet.the Senate and the House of Representatives in terms of office and term limits?
Term of Office:
Senate-6years
HOR-3 years
Tearm Limits:
Senate-2 consecutive terms
HOR-3 consecutive terms
These are elected from legislative districts apportioned among the provinces, cities, and Metro Manila area.
District Representatives
What are the Rules on Apportionment of Legislative Districts
- Apportionment of legislative districts must be by law
- Proportional representation based on number of inhabitants
- Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. (anti-gerrymadering)
- Re-apportionment by Congress within 3 years after the return of each census.
Apportionment of legislative districts by law could be through: (enum)
a. General Apportionment Law
b. Special Law (ie creation of new provinces)
The power to apportion legislative districts is textually committed to ________ by the Constitution.
Congress
How is proportional representation based on number of inhabitants executed?
a. Each city with a population of at least 250,000 shall have at least 1 representative.
b. Each province, irrespective of the number of inhabitants, shall have at least 1 representative.
What is the difference bet. apportionment and reapportionment?
“Apportionment” refers to the determination of the number of representatives which a State, county, or other subdivision may send to a legislative body, while
“reapportionment” refers to the realignment or change in legislative districts brought about by changes in population and mandated by the constitutional requirement of equality of representation [Bagabuyo v. COMELEC, supra].
They shall constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties or organizations.
Party-List Representatives
For 3 consecutive terms from 2 February 1987, ½ of the party-list seats shall be allotted to sectoral representatives to be chosen by appointment or election, as may be provided by law. Until a law is passed, they are appointed by the President from a list of nominees by the respective sectors [Sec. 7, Art. XVIII].
Sectoral Representatives
Is the party-list system synonymous with sectoral representation?
NO
What are the three different parties or organizations which may participate in the party-list system?
a. national;
b. regional;
c. or sectoral;
Do national and regional parties or organizations need to organize along sectoral lines or represent any marginalized or underrepresented sector?
NO
What are the conditions for a political party to participate in the party-list system?
a. they register under the party-list system;
b. they do not field candidates in legislative district elections.
i. A party that participates in the legislative district elections may still participate in the party-list through a sectoral wing.
ii. The sectoral wing can be part of the political party’s coalition, but the former must be registered independently in the party-list system.
What are the kinds of sectoral parties or organization?
a. marginalized of underrepresented
b. lacking in well-defined political constituencies
What consitutes the “marginalized of underrepresented’?
labor
peasant
fisherfolk
What constitutes those “lacking in well-defined political constituencies”?
professionals
women
elderly
youth
What are the requirements for the nominees of sectoral parties or orgs?
(a) belong to their respective sectors, or
(b) have a track record of advocacy for their respective sectors.
Majority of the members of a sectoral party, of either type, must belong to the sector they represent.
Will a national, regional, or sectoral party or org be disqualified if some of their nominees are disqualified?
NO.
As long as they have at least 1 nominee who remains qualified.
What law regulates the Party-List system in the Philippines?
R.A. 7941: An Act Providing For The Election Of Party-List Representatives Through The Party-List System, And Appropriating Funds Therefor
Which Parties are disqualified from participating in the party-list system?
- Religious sects
- Foreign organizations
- Advocating violence or unlawful means
- 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.
- Violating or failing to comply with laws, rules or regulations relating to elections;
- Declaring untruthful statements in its petition;
- Ceased to exist for at least one (1) year; or
- Failing to participate in the last two (2) preceding elections or fails to obtain at least 2 per centum of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.
What are the qualified sectors (sectoral parties)?
LPFUIE-HWYVOP
- Labor
- Peasant
- Fisherfolk
- Urban Poor
- Indigenous Cultural Communities
- Elderly
- Handicapped
- Women
- Youth
- Veterans
- Overseas Workers
- Professionals
Enumerate the four parameters of the party-list system.
- 20% Allocation
- 2% Threshold
- Additional Seats
- 3-Seat Cap
What is the maximum number of seats available to party-list organizations in the House of Representatives?
20% of the total of the membership of the House of Representatives
What does garnering 2% of the total votes cast in the party-list election entail for a party-list organization?
It guarantees a party-list organization 1 seat.
After the allocation of guaranteed seats in the party-list election (2% threshold), how will the additional seats be allocated?
Assign additional seats from the balance (i.e. total number of party-list seats minus Round 1 allocations) by:
a. Allocating one (1) seat for every whole integer (e.g. if a party garners 2.73% of the vote, assign it two (2) more seats; if 1.80%, assign it one (1) more seat); then
b. Allocating the remaining seats (i.e. total seats minus Round 1 and Round 2a allocations) to those next in rank until all seats are completely distributed.
Explain the Rules on Computation of Seats (Party-list): Two-Round Allocation
Step 1: Compute total number of seats allocated for party-list representatives
Step 2: Rank all party-list candidates from highest to lowest based on the number of votes they garnered.
Step 3: Compute for each party-list candidate’s percentage of votes garnered in relation to the total number of votes cast for party-list candidates.
Step 4: Round 1 – Allocate one (1) seat each for partylist that garnered at least 2% of the total number of votes.
Step 5: Round 2 – Assign additional seats from the balance (i.e. total number of party-list seats minus Round 1 allocations) by:
a. Allocating one (1) seat for every whole integer (e.g. if a party garners 2.73% of the vote, assign it two (2) more seats; if 1.80%, assign it one (1) more seat); then
b. Allocating the remaining seats (i.e. total seats minus Round 1 and Round 2a allocations) to those next in rank until all seats are completely distributed.
Step 6: Apply the 3-Seat Cap, if necessary [See BANAT v. COMELEC,supra].
What is the formula to determine the proportion garnered by the party-list group declared in ARARO v COMELEC.
Number of votes of party list ____________________ = Proportion or percentage of votes garnered by party-list Total number of valid votes for party-list candidates
What is the formula to determine the additional seats to be awarded ?
Total number of Party-list seats
Available Proportion or Number of seats _ seats allocated in the first round Additional Percentage of votes = seats Garnered by
awarded
What privileges does the Legislative have?
a. salaries
the salaries of Senators and Representatives shall be determined by law; no increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase [Sec 10; Art. VI]
b. freedom from arrest
Sec. 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. […]
c. speech and debate clause
Sec. 11. […] No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.
What speech is covered under the speech and debate clause (legislative privilege)?
a. Speeches made,
b. Utterances,
c. Bills signed, and
d. Votes passed.
Enumerate the inhibitions and disqualifications to members of legislature.
a. may not hold any other office or employment in the government during his term without forfeiting his seat (sec3, art vi)
b. may not be appointed to any office created or whose emoluments were increased during the term for which he was elected (sec 13, art vi)
c. 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 (Sec 14, art vi)
d. shall not intervene in any
-matter before any office of the government when its is for his pecuniary benefit or where he may be called upon to act on account of his office (sec 14, art vi)
(pork barrel)
e. cannot personally appear as counsel before any court, electoral tribunal, quasi judicial and administrative bodies during his term of office (sec 14, art vi)
What is the difference between an ineligible office and an incompatible office?
ineligible office (for elective officials) - is where the appointment is invalid since it is contrary to the Constitution, regardless if the official resigns or not
incompatible office (for members of Congress and the Senate) - is where the appointment is valid and the official may hold the appointed office provided that they resign their current office.
What is an incompatible office as re members of Congress?
Forfeiture of the seat in Congress shall be automatic upon the member’s assumption of such office deemded incompatible.
ex.
when a governor-elect ran for the Batasang Pambansa and won, he could not hold both offices
the office of the Philippine National Red Cross Chairman is not a govt office or an office in a goverment - owned or controlled corporation for purposes of the prohibition in sec 13, art vi
What is a Forbidden Office (members of Congress)?
He cannot validly take the office even if he is willing to give up his seat.
-may not be appointed to any office created whose emoluments were increased during the term for which he was elected (sec 13, art vi)
Why does the Pork Barrel System “run afoul” to Sec 14, Art VI of the Consti?
Because the Pork Barrel System in allowing legislators to intervene in the various phases of project implementation - a matter befor ethe government - [Pork Barrel} renders them susceptible to taking undue advantage of their own office.
[Belgica]
What does members of the legislative have a duty to disclose?
a. SALN (Sec. 17, Art XI) - declaration under oath of assets, liabilities, and net worth
b. Financial and business interests (Sec. 12, Art VI)
c. Potential conflicts of interest - members must notify House, if conflict arises from the filing of a proposed legislation which they authored.
d. amounts paid to / expenses incurred by each member - to be reported annually to COA (Sec. 20, Art. VI)
When must SALN be declared?
- Upon assumption of office
2. As often as may be required by law
Who must declare their SALNs?
- President
- Vice-President
- Members of the Cabinet
- Members of Congress
- Members of the Supreme Court
- Members of the Constitutional Commissions and other constitutional offiices
- Officers of the Armed Forces with general or flag rank (Sec 17, Art XII)
What is the duty to disclose SALN?
Declaration under oath of assets, liabilities, and net worth
What constitutes a quorum?
Majority of each House shall constitute a quorum, although a smaller number may adjourn from day to day and may comperl the attendance of absent members.
Are all members of Congress included in computing the quorum?
Those that are outside the country, being outside of each House’s coercive jurisdiction, are not included?
What does “majority” mean in Congress?
“Majority” refers to the number of members within the “jurisdiction” of the Congress (those it can order arrested for the purpose of questioning).
In Avelino v. Cuenco [G.R. No. L-2821 (1949)], one Senator was out of the Philippines which is not within the “jurisdiction” of the Senate, so that the working majority was 23 Senators. There is a difference between a majority of “all members of the House” and a majority of “the House”, the latter requiring less number than the first. Therefore, an absolute majority (12) of all members of the Senate less one (23) constitutes constitutional majority of the Senate for the purpose of the quorum.
What is the Doctrine of Shifting Majority?
Doctrine of Shifting Majority: For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required.
What are the exceptions to the Doctrine of Shifting Majority?
a. votes where requirement is based on “All the members of Congress”
b. Other Special Cases ie. NOT out of all members
Enumerate instances where the vote requirement is based on “all members of Congress”, thus exceptions to the Doctrine of Shifting Majority.
- Override presidential veto
- 2/3 of all members, Separately, house where bill originated votes first (Art VI, Sec 27) - Grant of tax exemptions
- majority (Art. VI, Sec 28) - Elect President in the case of a tie
- majority, separately(Art VIII, Sec4) - confirm or revoke appointment of VP
- majority, separately (Art VIII, Sec9) - Revoke of exted a. marital law or b. the suspension of the privilege of the writ of Habeas Corpus
- majority, jointly (Art VII, Sec 18) - Confirm amnest grant
- majority (Art VII, Sec 19) - Submit question of calling a Constitutional Convention to the electorate
- majority, silent but prevailing view: separately since Congress is bicameral (Art XVII, Sec 3) - Call for Constitutional Convention
- 2/3, silent but prevailing view: separately since Congress is bicameral (Art XVII, Sec 3) - Propose ammendment tas Constitutional Assembly
- 3/4, silent but prevailing view: separately since Congress is bicameral (Art XVII, Sec 1)
Enumerate the other special cases where voting is except from the Doctrine of Shifting Majority?
- Determine President’s disability
- 2/3 of both Houses, voting separately (Art VII, Sec II) - Declaring a State of War
- 2/3 of both Houses in joint session voting separately (Art VI, Sec 23)
Enumerate the ways Congress disciplines its members?
-each house may punish its members for disorderly behaviour, and with the concurrence of 2/3 of all members
- Suspension
- Expulsion
Others
- Deletion of unparliamentary remarks from the record
- Fine
- Imprisonment
- Censure
Can the Supreme Court compel the Congress to reinstate a member who has been expelled by it?
NO.
The determination of Congress when it comes to disciplining its members is respected by the Court.
[Alenjadrino v. Quezon]
Is the immunity for speech given to members of Congress a bar to the power of Congress to discipline its members?
NO.
[Osmena v Pendatun]
What are the two types of Electoral Tribunals (Congress)?
- Senate Electoral Tribunal (SET)
2. House Electoral Tribunal (HET)
Electoral tribunas have jurisdiction over what?
The tribunals have jurisdiction over the question of qualifications of the President, the Vice-President, Senators and the Members of the House of Representatives - this was made clear by the Constitution.
