LESSON 4 – THE PHILIPPINE GOVERNMENT Flashcards
1
Q
declares that the country is a democratic and republican state and that all government authority
emanates from the people.
A
Section1, Article II of the Constitution of the Republic of the Philippines
2
Q
three co-equal branches of the government established by the Constitution:
A
the legislative, executive, and judicial
3
Q
Each department of the government has exclusive cognizance of the matters within
its jurisdiction, and is supreme within its own sphere.
But it does not follow from the
fact that the three powers are to be kept separate and distinct that the Constitution intended them to be absolutely unrestrained and independent of each other.
A
Separation of powers
4
Q
one department is given certain powers by which it may definitely restrain the others from exceeding constitutional authority.
may object or resist any encroachment upon its authority, or it may question, if
necessary any act which unlawfully interferes its sphere of jurisdiction and authority
A
Checks and balance
5
Q
shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except, to the extent reserved to the people by the provision on initiative and referendum.
A
legislative Power ( Section 1, Article VI)
6
Q
– is the power of the people to proposed bills and laws, and to enact or reject them at the polls independent of legislative body
A
Initiative
7
Q
– is a method of submitting an important legislative measures to a direct vote of the people
A
Referendum
8
Q
- is the power of congress to make, alter, or repeal laws.
A
Legislative power
9
Q
- (e.g. Congress passed RA7659 defining the act of acquiring ill
gotten wealth in the amt. of P75 million as a crime of plunder & imposing the penalty
of life imprisonment.)
A
Power to make law
10
Q
- (e.g. Congress passed RA7659 & amended RA7080 by reducing the
amt. of P75M to P50M; by increasing the penalty from life imprisonment to death
penalty; RA.9346 an act prohibiting the imposition of death penalty in the Phil. (June
24, 2006)
A
Power to Alter law
11
Q
an act prohibiting the imposition of death penalty in the Phil.
A
RA 9346
12
Q
- (e.g. Congress in the exercise of power enacted RA8368
(squatting is no longer a crime )repealing PD 772(squatting is a crime).
A
Power to repeal law
13
Q
latin phrase ëxempli gratia meaning
A
“for example”
14
Q
Classification of Powers of Congress
A
- Legislative
- Non-legislative
- Implied Power
- Inherent Power
15
Q
- General legislative power
A
Legislative
16
Q
legislative power examples
A
appropriation, taxation, expropriation
17
Q
- specific power
A
Non-legislative
18
Q
Non-legislative examples
A
declare existence of war, to impeach
19
Q
– are those powers essential or necessary to the effective exercise of the powers expressly granted
A
Implied Power
20
Q
– are the powers which are possessed and can be exercised by every govt. because they exist as an attribute of sovereignty.
A
Inherent Power
21
Q
is formally supreme and
appoints a member from its house as the prime minister which acts as the executive.
A
legislature (parliamentary systems)
22
Q
is considered an independent and coequal branch of government along with both the
judiciary and the executive.
A
legislature (presidential system)
23
Q
with only one house
A
unicameral
24
Q
possesses two separate chambers,
usually described as an upper house and a lower house,
A
bicameral
25
Philippine Legislature (Congress of the Philippines)
senate (upper house)
house of representatives (lower house)
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composition of Not more than 250 members
house of representatives
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Composition Twenty-four (24) senators
senate
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elected from legislative districts apportioned among the
provinces, cities and the Metropolitan Manila area.
District representatives
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who shall constitute twenty per centum of the total
number of representatives elected through the party-list system.
Party-list representatives
30
refer to a situation where the Congress has not adjourned,
whether or not the member of the Congress is attending the session
“While in session”
31
Immunity cannot be invoked when:
* The offense is punishable by more than six (6) years imprisonment.
* The offense was committed while Congress is no longer in session.
32
- to hold any other office or employment in the Government or any subdivision, agency, or instrumentality thereof, including
government owned or controlled corporation or their subsidiaries during his tenure
without forfeiting his seat.
Disqualification of members of Congress
33
Two Classes of Office
* Incompatible office
* Forbidden Office
34
– Any kind of office or employment in the Government or any
subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporation or their subsidiaries during his tenure. -Any office or employment created while he was a member of the Congress, during his actual
incumbency.
Incompatible office
35
- Any office created of which the emoluments have been increase
while he was a member of the Congress
Forbidden Office
36
Prohibitions/Disqualifications on the Members of Congress (Sec. 14)
1. Appearance as counsel before any court of justice
2. Financial interest in any contract in the government
3. Financial interest in any special privilege granted by the
Government
4. Intervene in certain matter.
37
Sessions of Congress
1. Regular session
2. Special session
3. Executive sessions
37
– once every year on the 4th Monday of July
Regular session
38
- called by the President when Congress is in recess
Special session
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– secret meetings of Congress or any of its committees, held if the issue involves
national security.
Executive sessions
40
- any number sufficient to transact business (1/2 + 1 of the members of a body) majority of the body
Quorum
41
Absence of Quorum
* Adjourn from day to day
* Compel attendance of absent members
* Issue orders of arrest of the absent members
* Choose an acting Senate President/Speaker of the house of representatives as an
emergency measure
42
- to approve or disapprove appointments submitted to it by the President. It must act on all such appointments, by a majority vote of all the members,
within 30 session days of Congress from their submission.
Power or function
43
- is latin phrase which means “from the Office”; literally by virtue of
one’s office
ex officio
44
It is the power conferred by the Constitution to propose, enact,
amend and repeal laws.
LEGISLATIVE POWER
45
Passage of a Bill
* First reading
* Committee consideration or action
* Second reading
* Third reading
* Transmittal to the Senate
* Senate action
* Conference committee
* Transmittal to the President
* Presidential action
* Action on the approved bill
* Action on vetoed bill
* favor of the bill,
46
–the primary and specific purpose of which is to raise revenue (e.g. raising the VAT rate and broadening its base; raising individual and corporate tax)
Revenue bill
47
– specifies the rates or duties to be imposed on imported articles
Tariff Bill
48
- a bill providing for the issuance of bonds and other forms of obligations to be paid with the proceeds to be derived from taxation and other sources of government revenue.
Bills authorizing increase in public debt
49
-bill that affect a particular locality or municipality where only
the inhabitants of that locality will be affected or will profit thereby. (e.g. Charter of
a new city)
Bills of local application
50
– a bill that serves a private interest or concern
Private bills
51
– refers to any act containing several subjects or unrelated matters combined together for the purpose of securing
the support of members of the legislature who favour any one of the subjects in support of the entire act”.
hodge-podge or log-rolling legislation
52
- When the President certifies to the necessity of its immediate
enactment to meet public calamity or emergency
Urgent Bill
53
. Congress spending power
“power of the purse”.
54
Classification of Appropriation Measures
1. General appropriation
2. Special appropriation-
55
– law passed annually intended to provide for the financial
operations of the entire government during one fiscal period
General appropriation
56
- designed for a specific purpose (e.g. creation of fund for the
relief of calamity victims)
Special appropriation
57
Type of appropriations
1. Continuing appropriations
2. Automatic appropriations
58
-refer to appropriations available to support obligations
for a specified purpose or project, such as multi-year construction projects which
require the incurrence of obligations even beyond the budget year
Continuing appropriations
59
may not increase the appropriations recommended by the President
for the operation of the Government as specified in the budget. The form,
content, and manner of preparation of the budget shall be prescribed by law.
Congress
59
-refer to all expenditures for (a) personnel retirement
premiums, government service insurance, and other similar fixed expenditures, (b)
principal and interest on public debt, (c) national government guarantees of obligations
which are drawn upon, provided, that no obligations shall be incurred or payments
made from funds thus automatically appropriated except as issued in the form of
regular budgetary allotments.
Automatic appropriations
60
– a financial program of the National Government for a designated fiscal
year
Budget
61
No provision or enactment shall be embraced unless it
relates specifically to some particular appropriation therein. Any such provision
or enactment shall be limited in its operation to the appropriation to which it
relates.
Prohibition Against rider
62
– a provision inserted in the general appropriation bill which does not relate specifically to some particular appropriation therein.
Rider
63
No law shall be passed authorizing any transfer of appropriations, however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and
the heads of Constitutional Commissions may, by law, be authorized to augment
any item in the general appropriation law for their respective offices from
savings in other items of their respective appropriations.
Transfer of Fund Prohibited
64
- appropriated for particular officials shall be disbursed
only for public purposes supported by appropriate voucher and subject to such guidelines as prescribed by law.
Discretionary Funds
65
No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support
of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the
armed forces, or to any penal institution, or government orphanage or
leprosarium.
Prohibited Appropriation
66
is the act of levying the tax, i.e., the process or means by which the sovereign, through its law-making body, raises income to defray the necessary expenses of the
government.
Taxation
67
- that persons or things belong to the same class shall be taxed
at the same rate.
Uniformity in taxation
68
– requires the tax imposed to be determined on the value of the
property
Equality in Taxation
69
POWER OF LEGISLATIVE INVESTIGATION
Conduct inquiries in aid of legislation (Sec. 21, article VI)
Conduct Question Hour (Sec. 22, Article VI)
70
The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly
published rules of procedure.
Conduct inquiries in aid of legislation (Sec. 21, article VI)
71
The heads of departments may, upon their own initiative, with the
consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any
matter pertaining to their departments.
Conduct Question Hour (Sec. 22, Article VI)
72
OTHER POWERS
1. Power to call special elections for President and Vice President (Section 10, Article
VII)
2. Power to judge the Presidents physical fitness to discharge the functions of his office
(Section 11, Article VII)
3. Power to revoke or extend suspension of the privilege of the writ of habeas corpus
or declaration of martial law (Section 18, Article VII)
4. Power to concur certain appointments made by the President
5. Power of impeachment (Section 2, Article XI)
6. Power relative to natural resources (Section 2, Article XII)
7. Power to propose amendments to the Constitution (Section 1 and 2, Article XVII)
73
The power to grant amnesty by the President with the concurrence of a majority of all
the Members of the Congress
CONCURRENCE POWER
