Finals Flashcards

(72 cards)

1
Q

Qualifications of a senator

A

1) natural-born citizen
2) at least 35 y/o on the day of election*
3) able to read and write
4) registered voter
5) resident of PH for NOT LESS THAN 2 years, immediately preceding the day of election

  • on the day votes are cast
  • qualifications CANNOT be added or reduced by Congress
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2
Q

Term of senators; when begin; term limitations

A

6 years
June 30, 12NN (unless otherwise provided by law)
Not more than 2 CONSECUTIVE terms

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3
Q

Qualifications of HoR (legislative districts)

A

1) natural-born citizen
2) at least 25 y/o on the day of election*
3) able to read and write
4) registered voter in district where he shall be elected
5) resident of that district for NOT LESS THAN 1 year, immediately preceding the day of election

  • on the day votes are cast
  • qualifications CANNOT be added or reduced by Congress
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4
Q

Qualifications of HoR (party-list system)

A

1) natural-born citizen
2) at least 25 y/o on the day of election
3) able to read and write
4) registered voter
5) resident of PH for NOT LESS THAN 1 year, immediately preceding the day of election
6) member of party-list group for AT LEAST 90 DAYS PRECEDING the DAY of election

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5
Q

Sectors of Party-list representatives

A

1) urban poor
2) labor
3) peasant
4) women
5) youth
6) ICCs

*except RELIGIOUS

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6
Q

Term of HoR; when begin; term limitations

A

3 years
June 30, 12nn
Not more than 3 CONSECUTIVE terms

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7
Q

Date of session; President

A

4th MONDAY of JULY, unless diff date is fixed by law

President may call for special session AT ANY TIME

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8
Q

How many are required for election of Senate President and Speaker of HoR?

A

MAJORITY of ALL its members

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9
Q

How many for quorum to do business?

A

MAJORITY of ALL its members

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10
Q

How many votes for suspending or expelling a member?

A

2/3 of ALL its members

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11
Q

Limitation on suspension

A

NOT exceeding 60 days

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12
Q

Journals:

(1) what can be excluded
(2) votes for recording of yeas and nays

A

(1) those affecting national security

(2) 1/5 of members PRESENT

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13
Q

Electoral Tribunals

(1) function
(2) how many members?
(3) basis for members

A

(1) SOLE judge of all CONTESTS relating to ELECTION, RETURNS, QUALIFICATIONS

(2) 9 total
- - 3 justices from SC, designated by CJ (Senior Justice is the Chairman)
- - 6 from Senate/HoR

(3) PROPORTIONAL REPRESENTATION
- -political parties
- -registered party-list system

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14
Q

Commission on Appointments

(1) who are part, how many members
(2) basis for members
(3) rule for approving appointments

A

(1) 12 senators, 12 members of HoR + President of Senate as ex-officio chairman

(2) PROPORTIONAL REPRESENTATION
- -political parties
- -registered party-list system

(3) within 30 days from submission; MAJORITY vote of ALL members

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15
Q

Formation of Com. on Appointments and ET

(1) when constituted
(2) when can CoApp meet

A

(1) within 30 days AFTER senate and hor have been organized with the ELECTION of Senate President and Speaker

(2) they may meet:
- -while Congress is in session
- -at call of its Chairman
- -MAJORITY vote of ALL its members

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16
Q

Declaring a war

A

2/3 of BOTH
JOINT session
voting SEPARATELY

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17
Q

When are emergency powers withdrawn from president?

When exercised?

A

1) withdrawn by resolution of congress
2) upon adjournment

  • -times of war
  • -national emergency
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18
Q

what bills should originate from HoR?

A

1) appropriation
2) revenue or tariff bills
3) bills authorizing increase of public debt
4) bills of local application
5) private bills

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19
Q

Who are authorized to augment items in GA law for their respective offices from the SAVINGS in other items in their respective appropriations?

A

1) President
2) Senate President
3) Speaker
4) Chief Justice
5) heads of Constitutional Commissions

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20
Q

Exception to the 3 readings on separate days?

A

President certifies its necessity to meet:

    • public calamity
    • emergency
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21
Q

Process of veto

A

1) bill is presented to PH
2) approves by signing or veto
3) vetoed
- - returned to House it originated with objections
- - objections noted in journal
- - 2/3 vote
- - 2/3 vote other house
- - LAW
- - names for/against noted in journal

*communicate veto within 30 days

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22
Q

When is item veto allowed?

A

1) appropriations bill

2) revenue or tariff bill

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23
Q

With authorization of Congress by law, what are the things that President can fix within the specified limits?

A

1) tariff rates
2) import and export quotas
3) tonnage and wharfage dues
+ other duties or imposts

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24
Q

Institutions exempt from taxation

A

1) charitable institutions
2) churches and parsonages or convents
3) mosques
4) NON-PROFIT cemeteries
5) all lands, buildings and improvements ACTUALLY, DIRECTLY and EXCLUSIVELY USED for
- -religious
- -charitable
- -educational purposes

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25
Prohibition on payment of public funds
1) sect 2) church 3) denomination 4) sectarian institution 5) system of religion 1) priest 2) preacher 3) minister 4) other religious teacher 5) dignitary
26
Exceptions on payment of public funds
if priest, preacher, minister, dignitary is ASSIGNED to 1) armed forces 2) any penal institution 3) government orphanage 4) leprosarium
27
Requirements for initiative and referendum
1) congress shall provide for the system of initiative and referrendum 2) AT LEAST 10% of total registered voters - -every legislative district must be represented by AT LEAST 3% of their registered voters
28
Advantages of bicameralism
1) allows for body with national perspective to CHECK THE PAROCHIAL TENDENCY of representatives elected by district 2) more careful STUDY OF LEGISLATION 3) makes legislature LESS SUSCEPTIBLE to control by executive 4) TRAINING GROUND for national leaders
29
Advantages of unicameralism
1) SIMPLICITY of organization --> economy and efficiency 2) facility in PINPOINTING RESPONSIBILITY for legislation 3) AVOIDANCE of DUPLICATION
30
General rule on delegation of legislative power
Congress MAY NOT delegate legislative power. must remain where people have lodged such power
31
Exception to general rule on delegation of legislative power
1) may delegate to LOCAL GOVERNMENTS 2) CONSTITUTION itself allow delegation of legislative power in specific instances - - 23(2): emergency powers to president - - 28(2): fix tariff rates, etc
32
Criteria for delegating law
1) complete in itself | 2) fixes a standard
33
Basis for the standard
1) declared policy of the law | 2) totality of delegating statute
34
Contingent legislation
Effectivity of law is made dependent on verification by the executive of existence of certain conditions
35
When may IRRs have the force of PENAL law?
1) delegating statute must specifically AUTHORIZE it 2) penalty must be SPECIFIED and provided by the statute itself and not the administrative agency 3) regulation must be PUBLISHED in official gazette or newspaper of general circulation
36
Disqualified for party list?
1) Religious sect 2) violence 3) foreign party 4) receives support from foreign government 5) violates election rules 6) untruthful statements in petition 7) ceased to exist for at least 1 yr 8) fails to participate in last 2 preceding elections / fails to obtain at least 2% of votes in 2 preceding elections
37
Gerrymandering
Formation of one legislative district out of separate territories for purpose of favoring one candidate or party
38
How to lose domicile?
1) actual change of domicile 2) bona fide intention of abandoning former place of residence and establishing a new one 3) definite acts which correspond with the purpose Purpose to remain in domicile of choice must be: 1) indefinite period of time 2) voluntary change of residence 3) actual residence at new domicile
39
Doctrine of appropriate provisions
A provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto EVEN IF it is not an appropriation or revenue item President may veto riders in an appropriation bill
40
Executive impoundment
Refusal of president to spend funds already allocated by Congress for a specific purpose
41
Who are prohibited from holding any other office or employment during their tenure (executive department)?
1) President 2) VP 3) Members of the Cabinet 4) their Deputies or Assistants
42
Prohibitions for relatives of President
Spouse and relatives by consanguinity OR affinity within the 4th civil degree of president...during his tenure shall not be appointed as: 1) Members of the Constitutional Commissions 2) Office of the Ombudsman 3) Secretaries, Undersecretaries, Chairmen or Heads of Bureaus or Offices, including GOCCs and their subsidiaries
43
Which officers need confirmation of the Commission on Appointments?
1) heads of executive departments 2) ambassadors 3) other public ministers and consuls 4) officers of the Armed Forces from rank of Colonel or Naval Captain 5) other officers whose appointments are vested in him in this constitution - - 1) regular members of the JBC - - 2) Chairman and Commissioners of CSC - - 3) Chairman and Commissioners of COMELEC - - 4) Chairman and Commissioners of COA - - 5) members of Regional Consultative Commission - - 6) sectoral representatives (Quintos-Deles v. Commission on Appointments)
44
Presidential appointments
1) heads of executive departments, ambassadors, other public ministers and consuls, officers of the Armed Forces from rank of Colonel or Naval Captain and other officers whose appointments are vested in him in this constitution 2) All other officers of Government whose appointments are not otherwise provided by law, and those whom he may be authorized by law to appoint 3) Congress may, by law, vest the appointment of other officers lower in rank in: - - the President alone - - Courts - - Heads of departments, agencies, commissions or boards
45
What is the scope of executive privilege?
1) disclosure will subvert MILITARY or DIPLOMATIC objectives 2) IDENTITY of persons who furnish information on VIOLATIONS of law 3) information about INTERNAL DELIBERATIONS Senate v. Ermita 1) Conversations bet. President and public official covered by executive order 2) MILITARY, DIPLOMATIC and other NATIONAL SECURITY MATTERS 3) Information PRIOR to conclusion of TREATIES and Executive Agreements 4) discussion in CLOSE-DOOR CABINET meetings 5) Matters affecting NATIONAL SECURITY and PUBLIC ORDER *must be with *SUFFICIENT PARTICULARITY
46
What is "presidential communication privilege"?
Communications between President and OPERATIONALLY PROXIMATE ADVISERS are presumed to be privileged
47
Power of Control
Power of an officer to alter or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter Power to reverse the judgment of an inferior officer, may also be exercised in his behalf by Department heads BUT power of control is NOT the source of Executive's disciplinary powers.. Rather, his disciplinary powers come from his POWER TO APPOINT
48
What is the doctrine of "qualified political agency"?
All executive and administrative organizations are adjuncts of the Executive Department... the multifarious executive and administrative functions of the Chief Executive are performed by and through executive departments. Acts of the secretaries of such departments are UNLESS DISAPPROVED or REPROBATED by the Chief Executive presumptively acts of the Chief Executive
49
Martial law depends on:
1) existence of actual invasion or rebellion | 2) requirements of public safety
50
Limitations on suspension of privilege and martial law?
1) not exceeding 60 days 2) review and possible revocation by Congress 3) review and possible nullification by Supreme Court
51
Foreign relations powers of the President?
1) power to negotiate treaties and international agreements 2) power to appoint ambassadors 3) power to receive ambassadors 4) power to contract and guarantee foreign loans on behalf of Republic 5) power to deport aliens
52
Powers of the Supreme Court
1) EXCLUSIVE ORIGINAL JURISDICTION - ambassadors - other public ministers and consuls - certiorari - prohibition - mandamus - quo warranto - habeas corpus 2) RRMA (Review, reverse, modify, or affirm on appeal or certiorari) decisions of lower courts re: - constitutionality or validity (9) - legality of tax, impost, assessment, or toll, or any penalty - jurisdiction of lower court is in issue - criminal cases (reclusion perpetua or higher) - only an error or question of law is involved 3) Assign temporarily judge of lower courts to other stations as public interest may require 4) Order a change of venue or place of trial 5) Promulgate rules re: -constitutional rights -pleading -practice -procedure in all courts -admission to practice of law -IBP -legal assistance to underprivileged (SIMPLE + INEXPENSIVE PROCEDURE = SPEEDY DISPOSITION) 6) Appoint all officials and employees of Judiciary (accordance with Civil Service Law)
53
Qualifications of Member of SC
1) natural born citzen 2) AT LEAST 40 years of age 3) 15 years or more - - judge of lower court OR - -engaged in practice of law in PH 4) Person of: - proven competence - integrity - probity - independence
54
Qualifications of judge of lower court
Congress shall prescribe the qualifications, but minimum: 1) citizen of PH 2) member of Philippine Bar 3) Person of: - proven competence - integrity - probity - independence
55
Composition of JBC
1) Ex-officio members: - Chief Justice as ex-officio chairman - Secretary of Justice - Rep of Congress - Clerk of Court as Secretary ex-officio 2) Regular members (appointed by President, 4 year term, WITH consent on Commission on Appointments) - IBP (4) - law professor (3) - retired member of SC (2) - private sector (1)
56
moot case
one that ceases to present a justiciable controversy by virtue of supervening events
57
Instances where SC will still decide even if moot and academic
1) GRAVE VIOLATION of the constitution 2) exceptional character and PARAMOUNT PUBLIC INTEREST 3) formulation of controlling principles to GUIDE the bench, bar and public 4) case is capable of REPETITION yet evading review
58
declaratory judgment v. advisory opinion
Declaratory Judgment - parties with REAL conflicting legal interests = final one and is forever binding on parties Advisory Opinion - response to a legal issue posed in the abstract IN ADVANCE OF ANY ACTUAL CASE in which it may be presented = binds no one
59
Role of legislature in judicial process
1) define such enforceable and demandable rights and prescribing remedies for violations 2) determining the court with jurisdiction to hear
60
cases that must be heard en banc
1) constitutionality (treaty, law..) 2) required to be heard en banc by Rules of Court 3) constitutionality (pres decrees, etc) 4) cases heard by division when required majority in division is not obtained 5) cases where SC modifies or reverses a doctrine previously laid down either en banc or division 6) administrative cases involving discipline or dismissal of judges of lower courts (including disbarment of lawyer, suspension of either for more than 1 year, or a fine exceeding 10,000) 7) election contests for President or VP
61
Requisites for judicial review
Essential requisites: 1) ACTUAL case/controversy - - legally demandable or enforceable rights - - GAOD * ripe for adjudication 2) must have STANDING Auxiliary rules: 3) raised at EARLIEST OPPORTUNITY 4) must be the LIS MOTA
62
standing
A personal and substantial interest in the case such that he has sustained or will sustain direct injury as a result of its enforcement
63
4 exceptions to standing
1) doctrine of TRANSCENDENTAL IMPORTANCE 2) OVER BREADTH doctrine 3) TAX PAYER SUITS 4) 3RD PARTY standing - - litigant must have suffered an INJURY-IN-FACT - - CLOSE RELATION to 3rd party - - HINDRANCE to 3rd party's ability to protect his own interests
64
Political questions
questions that are to be decided by PEOPLE in their sovereign capacity or to the LEGISLATIVE or EXECUTIVE branch of government
65
writ of amparo
Remedy available to any person whose right to LIFE, LIBERTY AND SECURITY is violated by a PUBLIC OFFICIAL or a PRIVATE INDIVIDUAL
66
writ of habeas corpus
Right to PRIVACY IN LIFE, LIBERTY, OR SECURITY is violated by a PUBLIC OFFICIAL or a PRIVATE INDIVIDUAL engaged in gathering information re: person, family, home
67
writ of kalikasan
Remedy available to NATURAL or JURIDICAL PERSON on behalf of persons whose constitutional right to a BALANCED and HEALTHFUL ECOLOGY is violated
68
Prohibitions to ConComs
1) hold any other office or employment 2) practice of profession 3) ACTIVE management and control 4) be interested financially, directly or indirectly
69
Abolition of office to be valid
1) done in GOOD FAITH 2) NOT FOR PERSONAL/POLITICAL REASONS 3) NOT in VIOLATION of law
70
Importance of registration of a political party
1) confers JURIDICAL PERSONALITY 2) INFORMS the public of their existence and ideals 3) IDENTIFIES the party and its officers for purposes of REGULATION by comelec
71
Post-audit basis
1) constitutional bodies, commissions and offices that have been granted FISCAL AUTONOMY 2) autonomous state colleges and universities 3) OTHER GOCCs and their subsidiaries 4) non-governmental entities receiving subsidy or equity, directly or indirectly, from the government which the submission to such audit is a condition for granting such subsidy or equity
72
Functions of CoA
1) examine and audit all forms of government REVENUES 2) examine and audit all forms of government EXPENDITURES 3) SETTLE govt accounts* * LIQUIDATED accounts!!! 4) PROMULGATE accounting and auditing rules 5) DECIDE administrative cases involving expenditures of public funds