Finals Review - Legislative Branch Flashcards
Where shall the legislative power be vested? What is the exception?
The legislative power shall be vested in Congress except to the extent reserved to the people by the provision on initiative and referendum. (Art. VI Sec 1 CONST)
How many Senators shall there be in the Senate?
The Senate shall be composed of 24 Senators (Art. VI Sec. 2 CONST)
What are the qualifications of a Senator?
Art VI Sec 3 CONST:
a. Natural-born citizen of the Philippines
b. At least thirty-five years of age on the day of the election
c. Able to read and write
d. Registered voter
e. Resident of the Philippines for not less than two years immediately preceding the day of the election.
What are the rules regarding the term of office of a Senator?
Art VI Sec 4 CONST
a. Senators shall serve for a term of six years
b. The term shall commence at noon on June 30 next following the election (unless otherwise provided by law)
c. No Senator shall serve for more than two consecutive terms.
d. Voluntary renunciation shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.
What are the requirements for Initiative and Referendum?
Art VI Sec 32 CONST:
- Petition must be signed by at least ten per centum of the total number of registered voters,
- Every legislative district must be represented by at least three per centum of the registered voters in each district
What happens in an initiative or referendum?
Art VI Sec 32 CONST:
People can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor
How many Members of the House of Representatives shall there be according to the Constitution?
Art VI Sec 5:
not be more than 250 members unless otherwise fixed by law.
How shall the Representatives be elected?
The Representatives shall be elected from legislative districts (Art VI Sec 5)
How shall legislative districts be apportioned?
Article VI Sec 5
- The legislative districts shall be apportioned among provinces, cities, and the Metropolitan Manila area, according to the number of their respective inhabitants
- The apportionment shall be on the basis of a uniform and progressive ratio
How many of the Representatives shall be under the Party-list system?
Party List Representatives shall be 20% of the total number of representatives including those under the party list (ART VI SEC 5 CONST)
What sectors will be entitled to reserved allocation of seats for three consecutive terms after the ratification of the 1987 Constitution?
Art. VI Sec 5:
One-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from:
a. Labor,
b. Peasant,
c. Urban poor,
d. Indigenous cultural communities,
e. Women,
f. Youth, and
g. Such other sectors as may be provided by law
h. Except religious sector
What shall comprise legislative districts?
Art VI Sec 5:
Each legislative district shall comprise as far as practicable;
- Contiguous;
- Compact; and
- Adjacent territory
What is the minimum population in order to be entitled to at least 1 representative for cities?
Art VI Sec 5
At least 250,000 population for a city = at least 1 representative
How often can legislative districts be reapportioned?
Art VI Sec 5
Within three years following the return of every census
The term “residence” in election law is synonymous with “_____.”
The term “residence” in election law is synonymous with “domicile” (Limbona v. COMELEC).
What does “domicile” mean?
“Domicile” imports not only intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention (Limbona v. COMELEC).
Domicile: (1) intent to reside; (2) personal presence; (3) conduct indicative of intent
What are the rules to determine the residence of a person?
In Limbona v. COMELEC:
Rules by which residence may be determined:
(1) man must have residence or domicile somewhere;
(2) where once established it remains until a new one is acquired; and
(3) a man can have but one domicile at a time.
What must concur in order to acquire a domicile by choice?
In Limbona v. COMELEC
In order to acquire domicile by choice:
(1) residence or bodily presence in the new localilty;
(2) an intention to remain there; and
(3) an intention to abandon the old domicile
When will a person’s domicile cease to be his or her domicile?
A person’s domicile ceases when a new domicile is established.
In Limbona v. COMELEC
A person’s “domicile” once established is considered to continue and will not be deemed lost until a new one is established.
What must a person do in order to successfully effect a change of domicile?
In Limbona v COMELEC
To successfully effect a change of domicile one must:
(1) demonstrate an actual removal or an actual change in domicile;
(2) a bona fide intention of abandoning the former place of residence and establishing a new one; and
(3) definite acts which correspond with the purpose.
In other words:
Animus Manendi + Animus Non Revertendi = change of domicile
What are the requirements for the change of domicile?
In Limbona v. COMELEC
(1) The purpose to remain in or at the domicile of choice must be for an indefinite period of time;
(2) the change of residence must be voluntary;
(3) the residence at the place chosen for the new domicile must be actual.
What is the difference between term and tenure?
In Dimaporo v. Mitra:
The term of office prescribed by the Constitution may not be extended or shortened by the legislature (22 R.C.L.), but the period during which an officer actually holds the office (tenure), may be affected by circumstances within or beyond the power of said officer. Tenure may be shorter than the term or it may not exist at all. These situations will not change the duration of the term of office (see Topacio Nueno v. Angeles 76 Phil 12).
What is the meaning of “tenure”?
Tenure is the period during which an officer actually holds the office (Dimaporo v Mitra).
What is the meaning of “term”?
Term of office is prescribed by the Constitution and may not be extended or shortened by the legislature. Term is the Constitutionally prescribed period by which an officer may be allowed to serve in his office.
Tenure must be equal or less than the term of office.
What is the definition of Legislative Apportionment?
In Bagabuyo v. COMELEC:
Legislative apportionment as defined by Black’s Law Dictionary is the determination of the number of representatives which a State, county or other subdivision may send to a legislative body;
It is the allocation of seats in a legislative body in proportion to the population;
The drawing of voting district lines so as to equalize population and voting power among the districts.
What is the definition of Legislative Reapportionment?
In Bagabuyo v. COMELEC (as defined by Black’s Law):
Reapportionment is the REALIGNMENT or CHANGE in legislative districts brought about by changes in population and mandated by the Constitutional requirement of equality of representation.
What is the aim of legislative apportionment?
In Bagabuyo v. COMELEC:
The aim of legislative apportionment is “to equalize population and voting power among districts.”
Is a plebiscite required in order to reapportion a legislative district?
No, a plebiscite is not required in order to reapportion a legislative district. As held in Bagabuyo v. COMELEC:
No plebiscite requirement exists under the apportionment or reapportionment provision (Article VI Sec 5 CONST).
What is the difference between a legislative district and a local government unit?
In Bagabuyo v. COMELEC:
A legislative district is merely a representative unit and, unlike a local gov’t unit, is not a political subdivision through which functions of government are carried out.
The LGU is a corporate unit while the legislative district is not a corporate unit.
An LGU acts for and in behalf of the people within its territory, a legislative district does not. It merely delineates the areas occupied by the people who will choose a representative in their national affairs.
What does the Constitution place as a standard for the equality of representation of legislative districts?
The Constitution provides, in Art VI Sec 5, that:
each city with a population of at least 250,000 shall have at least one representative;
Every legislative district should comprise, as far as practicable, contiguous, compact and adjacent territory.
What are the qualifications of Members of the House of Representatives?
Article VI Sec 6:
a. Natural-born citizen of the Philippines
b. At least 25 years old on the day of the election
c. Able to read and write
d. Registered voter in the district in which he shall be elected (except for party-list)
e. Resident in the same district of not less than one year immediately preceding the day of the election (except for party-list)
What are the rules on the terms of office of Members of the House of Representatives?
Article VI Sec 7:
a. Term of three years
b. Term shall begin at noon on the 30th day of June next following their relection
c. Service shall not be more than three consecutive term
When shall Congressional elections be held?
Article VI Sec 8:
Second Monday of May (unless otherwise provided by law).
What type of party system shall the Philippines adopt?
A free and open party system.
Article IX-C Sec. 6: A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article.
When shall votes in favor of a political party become valid?
The votes shall be valid when the political party is registered under the party-list system as provided in the Constitution.
Article IX-C Sec. 7: No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.
Are political parties registered under the party-list system allowed to sit in the board of canvassers?
No, political parties registered under the party-list system are not allowed to sit in the board of canvassers.
Article IX-C Sec. 8: Political parties, or organization or coalitions registered under the party-list system, shall not be represented in the voter’s registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.
Is the 250,000 population requirement in the Constitution in Art VI Sec 5 also applicable to provinces?
Yes, under Sec. 5 (3) Article VI
Each city with a population of at least 250,000, or each province, shall have at least one representative.
Should an additional district have 250,000 population in order to be created?
No. In Aquino v COMELEC:
While Section 5(3) Article VI of the Constitution requires a city to have a minimum population of 250,000 to be entitled to a representative, it does not have to increase its population by another 250,000 to be entitled to an additional district.
By what legislative act shall the apportionment of legislative districts be made?
Legislative districts shall be created or apportioned via:
- General Apportionment Law
- Special Law
In Mariano v COMELEC:
To hold that reapportionment can only be made through a general apportionment law, with a review of all the legislative districts allotted to each local government unit nationwide, would create an inequitable situation where a new city or province created by Congress will be denied legislative representation for an indeterminate period of time.
What is the rule of construction on the “one title-one subject” rule for Congressional bills?
Liberal construction.
In Mariano v. COMELEC, citing Tobias v. Abalos:
It should be sufficient compliance if the title expresses the general subject and all the provisions are GERMANE to such general subject.
Is the party-list system synonymous with sectoral representation?
No, the party-list system is not synonymous with sectoral representation.
In Atong Pagalaum v. COMELEC:
Hence, the clear intent, express wording, and party-list structure ordained in Section 5 (1) and (2), Article VI of the 1987 Constitution cannot be disputed: the party-list system is not for sectoral parties only, but also for non-sectoral parties.
What are the three different groups that make-up the party-list system?
In Atong Paglaum v. COMELEC:
The party-list system is composed of three different groups:
- national parties or organizations;
- regional parties or organizations;
- sectoral parties or organizations.
Do national and regional parties or organizations need to represent particular sectors?
No, national and regional parties do not need to represent any particular sector (Atong Paglaum v COMELEC).
What is the law that defines and provides for rules and guidelines on the party-list system?
R.A. 7941 - The Party-List System Act
According to RA 7941, what is a political party?
In RA 7941:
Elements of a political party:
- organized group of citizens;
- advocating an ideology or platform, principles and policies for the general conduct of government; and which
- regularly nominates and supports certain of its leaders and members as candidates for public office
A political party refers to 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.
When is a political party considered a national party, and when is it a regional party??
According to RA 7941:
It is a national party when:
1. constituency is spread over the geographical territory of AT LEAST A MAJORITY OF THE REGIONS.
It is a regional party when:
1. constituency is spread over the geographical territory of AT LEAST A MAJORITY OF THE CITIES AND PROVINCES COMPRISING THE REGION.
What are sectoral parties according to RA 7941?
According to RA 7941:
A sectoral party refers to an organized group of citizens belonging to any of the sectors enumerated in Section 5 hereof whose principal advocacy pertains to the special interest and concerns of their sector.
Section 5 RA 7941:
Sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.
What is a sectoral organization?
RA 7941:
A sectoral organization refers to a group of citizens or a coalition of group of citizens who share similar physical attributes or characteristics, employment, interests or concerns.
What is a coalition?
RA 7941:
A coaliltion refers to an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes.
What are the grounds for the cancellation or refusal of the registration of parties or organizations applying for the party-list system?
Section 6 RA 7941: Refusal and/or Cancellation of Registration:
- it is a religious sect or denomination, organization or association organized for religious purposes;
- it advocates violence or unlawful means to seek its goal;
- It is a foreign party or organization;
- It is 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;
- It violates or fails to comply with laws, rules or regulations relating to elections;
- It declares untruthful statements in its petition;
- It has ceased to exist for at least one (1) year; or
- It fails to participate in the last two(2) preceding elections or fails to obtain at least two percentum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.
Can political parties participate in party-list 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. (Atong Paglaum v. COMELEC)
However, a political party (whether major or not), that field 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.
What is the sectoral wing?
The sectoral wing is the mechanism by which political parties who field candidates in legislative districts can participate in the party-list system. The sectoral wing is by itself an independent sectoral party, and is linked to a political party through a coalition. (Atong Paglaum v COMELEC)
What are the two types of sectoral parties, as provided in the case of Atong Paglaum v COMELEC?
- marginalized and underrepresented; or
- lacking in well-defined political constituencies
Sectoral parties or organizations may either be marginalized and underrepresented, or lacking in well-defined political constituencies. (Atong Paglaum v COMELEC).
What sectors are marginalized, and what are lacking in political constituencies?
Marginalized sectors: labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, and overseas workers.
Lacking political constituencies: youth, women, elderly, professionals.
(Atong Paglaum v COMELEC).
What is the requirement for the nominees of the party-list groups?
Atong Paglaum v COMELEC:
The nominees of sectoral parties or organizations that represent the “marginalized and underrepresented,” or that represent those who lack “well-defined political constituencies,” either must belong to their respective sectors, OR must have a TRACK RECORD OF ADVOCACY for their respective sectors.
The nominees of national and regional parties or organizations must be bona-fide members of such parties or organizations.
What is the requirement regarding the membership composition of sectoral parties that represent the “marginalized and underrepresented”?
Atong Paglaum v COMELEC:
A majority of the members of sectoral parties or organizations that represent the “marginalized and underrepresented” must belong to the “marginalized and underrepresented” sector they represent.
Similarly, a majority of the members of sectoral parties or organizations that lack “well-defined political constituencies” must belong to the sector they represent.
Shall party-list applicants be disqualified if some of their nominees are disqualified?
No. In Atong Paglaum v COMELEC:
National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, PROVIDED THAT they have AT LEAST ONE nominee who remains qualified.
When shall a party-list be guaranteed a seat in the House of Representatives?
A party-list shall be guaranteed one seat in the House of Representatives when it garners at least 2% of votes of all the votes cast for the party-list system (RA 7941; BANAT v COMELEC).
What did the case of BANAT rule as unconstitutional in RA 7941?
BANAT ruled out as unconstitutional the second clause of Section 11 (b) or RA 7941 – the 2% requirement in order to gain an additional seat because such practice could not fulfill the constitutional mandate of having 20% of seats in the House of Representatives allocated to party-list groups.
How will the additional seats be distributed in the BANAT computation?
The additional seats will be allocated to all party-list candidates even if the party-list candidate has not met the 2% threshold for the additional seats. The party-list candidates will be ranked according to number of votes, and their percentage in relation to the remaining seats will determine how many additional seats they will get. If a party list gets 2.5%, the party will get two additional seats. If a party list gets 1.90%, the party will get one additional seat. If a party list gets 0.90%, the party list gets one additional seat.
However, provided that: (1) those who did not meet the initial 2% threshold are not guaranteed 1 seat, and must wait for the additional seats in a “wait-list” system of distribution; and (2) there shall be 3 seat cap.
