Legislative Department Flashcards
(187 cards)
1
Q
What is legislative power?
A
It is the authoity to make laws and to alter and repeal them.
2
Q
Who may excercise legislative power?
A
- congress
- regional/local legislative power
- people’s initiative on statutes
- the president under martial law or in a revolutionary government
3
Q
FIB
Legislative power is vested in the ________, which consists of a ________ and a ___________. [Sec 1, ArtVI]
A
Congress;
Senate;
House of Representatives
4
Q
The grant of legislative power to Congress is ________.
A
plenary
Congress may legislate on any subject matter provided theat constitutional limitations are observed
5
Q
In what way is legislative power vested in the people?
A
Through the system of initiative and referendum.
6
Q
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”.
A
Power of initiative and referendum
7
Q
What is the power of initiative and referendum?
A
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”
8
Q
What is the law that provides for the system of initiative and referendum?
A
RA 6735
An Act Providing for a System of Initiative and Referendum and Appropriating Funds Thereof
9
Q
Initiative and Referendum is only valid for: (enum)
A
-laws
-ordinances
-resolutions
-not ammendments to the Constitution
[Defensor-Santiago vs. Comelec]
10
Q
What are the voter requirements for a local initiative?
A
not less than x voters autonomous regions - 2,000 provinces - 1,000 municipalities - 100 barangays - 50
11
Q
Where to file for a local initiative?
A
Regional Assembly or local legislative body, as the case may be
12
Q
What are the limitations on local initiative?
A
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].
13
Q
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].
A
Referendum
14
Q
What is a referendum?
A
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].
15
Q
What are the classes of referendum?
A
- Referendum on statues
- Referendum on Local Laws
16
Q
What is the difference bet. a referndum on statues and a referendum on local laws?
A
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]
17
Q
Is the power to hold a referendum plenary?
A
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].
18
Q
When may Congress delagate legislative power to the President?
A
In times of war or in other national emergency.
19
Q
What are the Houses of Congress?
A
- Senate
2. House of Representatives
20
Q
What is the composition of the Senate?
A
24 senators elected at large
21
Q
What is the composition of the House of Representatives?
A
Not more than 250 members, unless otherwise provided by law, consisting of:
a. District Representatives
b. Party-List Representatives
22
Q
What are the qualifications for the Senate?
A
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
23
Q
What are the qualifications for the House of Representatives?
A
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
24
Q
What is the difference bet.the Senate and the House of Representatives in terms of office and term limits?
A
Term of Office:
Senate-6years
HOR-3 years
Tearm Limits:
Senate-2 consecutive terms
HOR-3 consecutive terms
25
These are elected from legislative districts apportioned among the provinces, cities, and Metro Manila area.
District Representatives
26
What are the Rules on Apportionment of Legislative Districts
1. Apportionment of legislative districts must be by law
2. Proportional representation based on number of inhabitants
3. Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. (anti-gerrymadering)
4. Re-apportionment by Congress within 3 years after the return of each census.
27
Apportionment of legislative districts by law could be through: (enum)
a. General Apportionment Law
| b. Special Law (ie creation of new provinces)
28
The power to apportion legislative districts is textually committed to ________ by the Constitution.
Congress
29
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.
30
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].
31
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
32
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
33
Is the party-list system synonymous with sectoral representation?
NO
34
What are the three different parties or organizations which may participate in the party-list system?
a. national;
b. regional;
c. or sectoral;
35
Do national and regional parties or organizations need to organize along sectoral lines or represent any marginalized or underrepresented sector?
NO
36
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.
37
What are the kinds of sectoral parties or organization?
a. marginalized of underrepresented
| b. lacking in well-defined political constituencies
38
What consitutes the "marginalized of underrepresented'?
labor
peasant
fisherfolk
39
What constitutes those "lacking in well-defined political constituencies"?
professionals
women
elderly
youth
40
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.
41
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.
42
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
43
Which Parties are disqualified from participating in the party-list system?
1. Religious sects
2. Foreign organizations
3. Advocating violence or unlawful means
4. 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.
5. Violating or failing to comply with laws, rules or regulations relating to elections;
6. Declaring untruthful statements in its petition;
7. Ceased to exist for at least one (1) year; or
8. 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.
44
What are the qualified sectors (sectoral parties)?
LPFUIE-HWYVOP
1. Labor
2. Peasant
3. Fisherfolk
4. Urban Poor
5. Indigenous Cultural Communities
6. Elderly
7. Handicapped
8. Women
9. Youth
10. Veterans
11. Overseas Workers
12. Professionals
45
Enumerate the four parameters of the party-list system.
1. 20% Allocation
2. 2% Threshold
3. Additional Seats
4. 3-Seat Cap
46
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
47
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.
48
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.
49
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].
50
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
51
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
52
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.
53
What speech is covered under the speech and debate clause (legislative privilege)?
a. Speeches made,
b. Utterances,
c. Bills signed, and
d. Votes passed.
54
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)
55
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.
56
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
57
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)
58
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]
59
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)
60
When must SALN be declared?
1. Upon assumption of office
| 2. As often as may be required by law
61
Who must declare their SALNs?
1. President
2. Vice-President
3. Members of the Cabinet
4. Members of Congress
5. Members of the Supreme Court
6. Members of the Constitutional Commissions and other constitutional offiices
7. Officers of the Armed Forces with general or flag rank (Sec 17, Art XII)
62
What is the duty to disclose SALN?
Declaration under oath of assets, liabilities, and net worth
63
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.
64
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?
65
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.
66
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.
67
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
68
Enumerate instances where the vote requirement is based on "all members of Congress", thus exceptions to the Doctrine of Shifting Majority.
1. Override presidential veto
- 2/3 of all members, Separately, house where bill originated votes first (Art VI, Sec 27)
2. Grant of tax exemptions
- majority (Art. VI, Sec 28)
3. Elect President in the case of a tie
- majority, separately(Art VIII, Sec4)
4. confirm or revoke appointment of VP
- majority, separately (Art VIII, Sec9)
5. 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)
6. Confirm amnest grant
- majority (Art VII, Sec 19)
7. Submit question of calling a Constitutional Convention to the electorate
- majority, silent but prevailing view: separately since Congress is bicameral (Art XVII, Sec 3)
8. Call for Constitutional Convention
- 2/3, silent but prevailing view: separately since Congress is bicameral (Art XVII, Sec 3)
9. Propose ammendment tas Constitutional Assembly
- 3/4, silent but prevailing view: separately since Congress is bicameral (Art XVII, Sec 1)
69
Enumerate the other special cases where voting is except from the Doctrine of Shifting Majority?
1. Determine President's disability
- 2/3 of both Houses, voting separately (Art VII, Sec II)
2. Declaring a State of War
- 2/3 of both Houses in joint session voting separately (Art VI, Sec 23)
70
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
1. Suspension
2. Expulsion
Others
3. Deletion of unparliamentary remarks from the record
4. Fine
5. Imprisonment
6. Censure
71
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]
72
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]
73
What are the two types of Electoral Tribunals (Congress)?
1. Senate Electoral Tribunal (SET)
| 2. House Electoral Tribunal (HET)
74
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.
75
Does the Electoral Tribunals have jurisdiction over the candidates of a position?
NO.
| [Poe-Llamanzares v. COMELEC]
76
What is the composition of the Electoral Tribunal?
1. 3 Supreme Court Justices - designated but the Chief Justice; Senior Justice inthe Electoral Tribunal shall be its Chairman
2. 6 members of the Senate of the House - as the case may be, chosen on the basis of proportional representation from parties
77
When should the Electoral tribunal be constituted?
The Electoral Tribunal shall be constituted within 30 days after the Senate and the House shall have been organized with the election of the President and the Speaker. [Sec. 19, Art VI].
78
Does members of the Electoral Tribunal have security of tenure?
YES.
They cannot be removed by mere temporary change of party affiliation.
[Bondoc v. Pineda]
79
What are the composition rules of the Electoral Tribunal (Congress)?
1. The Electoral Tribunal shall be consituted within 30 days after the Senate and the House shall have been organized with the election of the President and the Speaker
2. Members chosen enjoy security of tenure and cannot be removed by mere temporary change of party affiliation.
80
Enumerate the valid grounds/just cause for termination of membership to the tribunal.
1. Expiration of Congressional term of office
2. Death or permanent disability
3. Resignation from political party which one represents in the tribunal
4. Removal from office for other valid reasons
81
Is disloyalty to party and breach of party discipline a valid ground for the expulsion of a member of the tribunal?
NO.
[Bondoc v. Pineda]
82
What is the nature of jurisdiction of the Electoral Tribunals?
Electoral Tribunals - Sole judge of all contests relating to the election, returns, and qualifications of their representative members.
83
When does the Electoral Tribunal acquire jurisdiction?
Traditional Formulation:
ET has jurisdiction only
1. when there is an election contest, and
2. only after the proclamation of the candidate
[Lazatin v. HRET]
In the absence of election contest, end before proclamation, jurisdiction remains with COMELEC. But the proclamation of a congressional candidate following the election divests the COMELEC of jurisdiction over the proclaimed representative in favor of the HRET. [Tanada v. COMELEC]
BUT
Ongsiako-Reyes v COMELEC
- Court held that and Electoral Tribunal acquires only after
1. a petition is filed before it, and
2. a candidate is already considered a member of the House
84
When is someone considered a member of Congress?
When there is concurrence of the following requirements:
1. a valid proclamation
2. a proper oath a)before the Speaker and b)in open session
3. assumption of office
The Court in Ongsiako-Reyes clarified that the doctrine than once a proclamation has been made, COMELEC's jurisdiction is already lost and the HRET's own jurisdiction begins only applies in the context of a candidate who has not only been proclaimed and sworn in, but also assumed office.
85
What is an election contest?
One where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner.
86
Can the Courts or Congress interfere with the Electoral Tribunals?
NO.
The Electoral Tribunals are independent constitutional bodies independent even of the respective House, neither Congress nor the Courts may interfere with procedural matters relating to the functions of the ETs.
[Macalintal v Presidential Elections]
87
The Electoral Tribunals are independent of ____________ and the _______________.
[Co v HRET citing Angara v Electoral Commission]
Congress;
| Supreme Court
88
As constitutinal creations invested with neccessary power, the Electoral Tribunals are, in the exercise of their functions, ___________.
[Co v HRET citing Angara v Electoral Commission]
independent organs
89
When can the Supreme Court excercise judicial review of the decisions of the Electoral Tribunals?
in so far as the decision or resolution was rendered:
a. without or in excess of jurisdiction
b. with grave abuse of discretion tantamount to denial of due process.
90
What is the Commission of Appointments?
Sec. 18, Art. VI. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.
91
What is the composition of the Commission on Appointments?
a. Senate President as ex-officio chairman (shall not vote except in case of a tie)
b. 12 Senators
c. 12 Members of the HOR
92
When shall the Commission on Appointments be constituted?
The CA shall be constituted within 30 days after the Senate and House of Representatives shall have been organized with the election of the President and the Speaker. [Sec. 19, Art VI]
93
When shall the Commission on Appointments act on appointments?
The Commission on Appointments shall act on all appointments within 30 session days from their submission to Congress.
94
How shall the Commission on Appointments rule?
The Commission on Appointments shall rule by a majority vote of all its members.
95
Is it necessary to elect 12 Senators to the Commission on Appointments before it can discharge its functions?
NO.
What the Consti requires is at least a majority of the membership .
[Guingona v. Gonzales]
96
The power to approve or disprove appointments is confered to the Commission on Appointment as _________ and not on the ______________.
a body;
| individual members
97
What is the rule on proportional representation?
The 12 Senators and 12 Representatives of the Commission on Appointments are elected on the basis of proportional representation from the political parties and party-list organizations.
98
FIB
Sec 18, Art VI
There shall be a Commission on Appointments consisting of the ___________________, as ex officio Chairman, _____________, and _______________, elected by each House on the basis of ____________________ from the political parties and parties of organizations registered underr the party-list system represented therein. The chairman of the of the Commission shall not ______, except in case of a _____.
The Commission shall act on ___________ submitted to it within __________ of the Congress from their submissions. The Commission shall rule by a __________ of all the ____________.
```
President of the Senate;
twelve Senators;
twelve Members of the House of Representatives;
proportional representation;
vote;
tie
```
all appointments;
thirty session days
majority vote;
Members
99
When can the HOR change its representation in the Commission on Appointments?
The HOR can change its representation in the CA to reflect at any time the changes that may transpire in the political alignments ot its membership.
The changes in membership must be PERMANENT and do not include the temporary alliances or factional divisions not involving severance or political loyalties or formal disaffiliation and permanent shifts of allegiance from one political party to another.
[Daza v. Singson]
100
The provision of Sec 18 on proportional representation is_________________.
mandatory in character
-does not leave any discrestion to the majority party in the Senate to disobey or disregard the rule on proportional representation.
101
By requiring proportional representation in the Commission of Appointments, Sec 18 in effect works as a _______________ party inthe Senate and helps to maintain the balance of power.
[Guingona jr. v. Gonzales]
check on the majority
102
When shall the Commission have its meetings?
a. The Commission on Appointments shall meet only while Congress is in session.
b. Meetings are held either a) at the call of the Chairman or b) by a majority of all its members
103
Is the rules of procedure of the Commission of Appointmens within the scope of congressional powers or judiciary?
NO.
The Commission on Appointmets is an independent constitutional body, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary.
104
What is within the jurisdiction of the Commission on Appointments?
a. CA shall confirm the appointments by the President with respect to certain positions
b. Congress cannot requier that the appointment of a person to an office created by law shall be subject to CA confirmation [Calderon v, Carale]
105
What positions appointed vy the President requires confirmation of the Commission of Appointments?
1. Heads of Executive departments (except if the Vice-President who is appointed to a cabinet position, as this needs no confirmation)
2. Ambassadors, other public ministers or consuls
3. Officers of the AFP from the rank of Colonel or Naval Captain
4. Other officers whose appointments are vested in him by the Constitution (eg members of constitutional commissions) [Sarmiento v Mison]
106
What are ad-interim appointments of the President?
Appointments by the president to position requiring Commission on Appointment confirmation while Congress is not in session.
107
Ad-interim appointments by the President shall only be effective: (enum)
a. until disapproval by the Commission of Appointments, or
| b. unitl the next adjourment of Congress
108
What are the inherent powers of Congress?
1. Police Power
2. Power of Taxation
3. Power of Eminent Domain
4. Contempt Power
109
What is under the police power of Congress?
a. make, ordain, and establish all manner of wholesome and reasonable laws. statutes and ordinances as they shall judge for the good and welfare or the constitution.
b. includes maintenance of peace and order, protection of life, liberty, and property and the promotion of general welfare.
110
What are the specific powers of Congress?
1. Constituent power - the power to propose amendments to the Constitution.
2. Legislative Inquiries
3. Appropriation
4. Taxation
5. Concurrence in treaties and international agreements
6. War powers and delegation power
111
What is included in the Legislative Powers of Congress?
1. Appropriation
2. Taxation
3. Expropriation
4. Authority to make, fame, enact, amend, and repeal laws,
5. ancillary powers (eg conduct inquiry and punish for contempt)
112
What are the requisites of legislative inquiries?
1. must be in aid of legislation
2. in accordance with duly published rules of procedure
3. Right of persons appearing in or affected by such inquiries shall be respected [Bengson v. Senate Blue Ribbon Committee]
113
What is the difference bet. legislative inquiries and question hour as to the governing constitutional provision?
Legislative Inquiries - Sec 21, Art VI
"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. The rights of persons appearing in or affected by such inquiries shall be respected."
Question Hour - Sec 22, Art VI
"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. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session."
114
What is the difference bet. legislative inquiry and question hour as to topic?
Legislative Inquiry - in aid of legislation
Question Hour - on any matter pertaining to the subject's department
115
What is the difference bet. legislative inquiry and question hour as to the persons subjected?
Legislative inquiry - any person upon subpoena
Question Hour - Heads of department only
116
What is the difference bet. legislative inquiry and question hour as to the appearance of Exec. Officials?
Legislative Inquiry - Appearance of executive officials generally mandatory
Question Hour -
Appearace of Executive Officials:
1. via request
2. upon executive official's volition with the consent of the President
117
Does the mere filing of a criminal or an administrative complaint before a court or quasi-judicial body automatically bar a legislative inquiry?
NO.
| [Standard Chartered Bank v Senate Committee on Banks]
118
The requirement of securing ___________________ prior to appearing before either House of Congress applies only to ______________ and not to other public officials and only when either House of Congress conducts a _______________ and not in cases of __________________as the latter should be untramelled because it is co-extensive with the power to legislate.
[Senate of the Philippines v Ermita]
prior consent of the President;
Cabinet members;
Question Hour;
inquiries in aid of legislation
119
What is Executive Privilege?
Executive Privilege: the right of the President and highlevel officials authorized by her to withhold informaiton from Congress, from the courts, and ultimately from the public.
120
What are some types of information that are judicially recognized as privileged?
- state secrets regarding military
| - diplomatic and other national securit matters
121
What are some information possesed by the executive which may be validly claimed as privileged even against Congress?
- Presidential conversations
- correspondence
- discussions during closed door Cabinet meetings
122
Who can invoke Executive Privilege?
- Only the President, since the privilege belongs to it
| - President may authorize the Executive Secretary to invoke the privilege on her behalf [Senate v Ermita]
123
The claim of executive privilege must be __________, whether the info sought to be withheld involves military or diplomatifc secrets, closed-door Cabinet meeting, etc.
Specific
124
A claim of executive privilege, being a claim of exemption from an obligation to disclose information must be ____________.
clearly asserted
125
When must the Court come to determine the validity of the claim of executive privilege?
When the President and Congress cannot agree on whether the matter is privilege or not
[Senate v Ermita]
126
What are the elements of Presidential Communications Privilege?
1. The protected communication must relate to a "quintessential and no-delegable presidential power"
2. The communication must be authored or "solicited and received" by a close advisor of the President or by the President himself. The judicial test is that an advisor must be in "operatoinal proximity" with the President.
3. The presidential communications privilege remains a qualified privilege that may be overcome by a showing of adequate need, such that information sought "likely contains important evidence" and by the unavailability of the information elsewhere by an appropriate investigating authority.
127
Does the Senate have power to impose the indefinite detention of a person cited in contempt during its inquiries?
NO.
Once the legislative inquiry concludes, the exercise of the inherent power of contempt ceases and there is no more genuine necessity to penalize the detained witness.
[Balag v Senate]
128
When does legislative inquiry end?
The legislative inquiry ends upon the approval or rejection of the committee report and/or upon the expirationof one Congress.
[Balag v Senate]
129
What are the categories of congressional oversight funcions?
1. Scrutiny
2. Congressional Investigation
3. Legislative supervision (Legislative Veto)
130
Differentiate the 3 categories of congressional oversight functions.
1. Scrutiny: Passive inquiry, the primary purpose of which is to determine economy and efficiency of the operation of government activities. In the exercise of legislative scrutiny, Congress may request information and report from the other branches of government. It can give recommendations or pass resolutions for consideration of the agency involved.
2. Congressional Investigation: More intense digging of facts, compared to scrutiny. Power of investigation recognized by Sec. 21, Art. VI.
3. Legislative supervision (Legislative Veto): Most encompassing form. Connotes a continuing and informed awareness on the part of a congressional committee regarding executive operations in a given administrative area. Allows Congress to scrutinize the exercise of delegated law-making authority, and permits Congress to retain part of that delegated authority. Through this, Congress exercises supervision over the executive agencies
131
Is legislative supervision allowed in the Constitution?
NO.
[Abakada Guro Partylist v Purisima]
132
What are the different ways of passing bills in Congress?
1. Jointly
2. Separately
a. simultaneously
b. sequentially
133
Differentiate the 2 ways of passing bills.
JOINTLY - in a joint session, required by the Constitution in special and specific cases
SEPARATELY - each house takes up the bill on its own
134
Differentiate the two ways of passing bills separately.
SIMULTANEOUSLY - Houses take up a bill at the same time
SEQUENTIALLY - bill originates from one house and, upon proper passage, is transmitted to the other house for the latter's own passage. In case of conflict between the two houses' versions, a bicameral conference committee is organized.
135
Elements of the Bicameral Conference Committee (BCC)
1. Composed of equal number of members from the Senate and the HOR
2. Makes recommendations to houses on how to reconcile conflicting provisions/versions.
3. BCC members are usually granted authority to negotiate / reconcile the bills
4. At the end of the processm the BCC comes up with a Conference Committee Report, which is then submitted to the respective chambers for approval. Upon approval, the bill may be engrossed.
136
Does the Bicam report need to pass through 3 readings?
NO.
| [Tolentino v Secretary of Finance]
137
Can the Bicam report include entirely new provisions and substitutions?
YES.
[Tolentino v. Secretary of Finance]
138
What is the enrolled bill doctrine?
a. The signing of a bill by the Speaker of the House and th President of the Senate, and
b. the certification by the secretaries of both Houses of Congress that it was passed, are conclusive of its due enactment.
139
Enumerate the Formal/Procedural Limitations on Legislative Power
1. Prescribes mannr of passing bills and form they should take.
Rider clause: Every bill passed by the Congress shall embrace only one subject, which shall be expressed in the title. [Sec 26, Art VI]
2. The title is not required to be an index of the contents of the bill.
3. No bill passed by either house shall become law unless it has passed 3 readings on separate days. [Sec 26, Art VI]
4. Printed copies in its final form must have been distributed to its members 3 days before teh passage of the bill. [Sec 26, Art VI]
140
What is the exception to the formal / procedural limitations on legislation?
When the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.
141
What does a Presidential certification dispenses with in the procedural limitations on legislation?
Presidential certification dispenses with:
1. the printing requirement
2. the requirement for readings on separate days
[Kida v Senate citing Tolentino v Secretary of Finance]
142
Enumerate the Express limitations on Legislative Power in the Constitution
1. On general powers - Bill of Rights (Art III)
2. On taxation (Sec 28 & 29, Art. VII)
3. On appropriation (Sec 25 & 29, Art VI)
4. On appellate jurisdictoin of the SC (Sec 30, Art VI)
5. No law granting title of royalty or nobility shall be passed (Sec 31, Art VI)
143
What are the implied limitations on legislative power?
1. No power to pass irrepealable law
2. Non-encroachment on powers of other departments
3. Non-delegation of powers
144
What are the General limitations on the legislative power of Appropriations?
a. appropriations must be for a public purpose
b. appropriations must be by law
c. cannot appropriate public funds or property, directly or indirectly, in favor of
- any sect, church, denomination, or sectarian institution or system of religion or
- any priest, preacher, minister, or other religious teacher or dignitary as such
145
Exceptions to prohibition an appropriation to a priest etc.
If the priest etc is assigned to:
a. the Armed Forces
b. Any penal institution
c. Government orphanage
d. Leprosarium
146
What are Specific limitations for General Appropriations Bills [Sec 25, Art VI]
- Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget.
- Form, content and manner of preparation of the budget shall be prescribed by law.
- No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein.
- Procedure in approving appropriations for the congress shall strictly follow the procedure for approving appropriations for other departments and agencies
- no law shall be passed authorizing any transfer of appropriations.
147
Who are authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations?
1. President
2. Senate President
3. Speaker of the HOR
4. Chief Justice of the Supreme Court
5. Chairs of Constitutional Commissions
148
What are the specific limitations for Special Appropriations Bills?
1. Shall be specify the purpose for which it is intended
2. Shall be supported by funds
- actually available as certified by the National Treasurer
- to be raised by corresponding revenue proposal therein
149
Enumerate the Principles in ascertaining the meaning of savings.
1. Congress wields the power of the purse
2. The Executive is expected to faithfully execute the GAA and to spend the budget in accordance with the provisions of the GAA
3. Congress does not allow the Executive to override its authority over the purse as to let the Executive exceed its delegated authority.
4. Savings should be actual, real or substantial, or something that exists presently in fact, not merely theoretical, possible, potential or hypothetical
[Araullo v Aquino]
150
Enumerate the Guidelines for disbursement of discretionary funds appropriated for particular officials.
1. for public purposes
2. to be supported by appropriat vouchers
3. subject to such guidelines as may be prescribed by law
[Sec 25]
151
What happens is Congress fails to pass the general appropriations bill by the end of any fiscal year [Sec 25]
1. The general appropriations bill for the previous year is deemed reenacted
2. It shall remain in force and effect until the general appropriations bill is passed by Congress
152
What are the limiations on teh Use of public funds [Sec 29]
1. No money shall be paid out of the National Treasury except in pursuance of an appropriation made by law
2. However, this rule does not prohibit continuing appropriations, eg for debt servicing, for the reason that this rule does not require yearly or annual appropriation.
153
Enumerate the 4 phases of Government's budgeting process.
1. budget preparation
2. legislative authorization
3. budget execution
4. budget accountability
154
What are the purposes of taxation?
1. pay debts and provide for the common defense and general warfare
2. raise revenue
3. intrument of national and social policy
4. instrument for extermination of undesirable acts and enterprises
5. tool for regulation
6. imposition of tariffs designed to encourage and protect locally produced goods against competition for imports
155
What are the limitations on the taxation power of the legislative?
1. Public purpose - power to tax should be exercise only for a public purpose
2. Uniform and equitable -
a. operates with the same force and effect in every place where the subject of its is found
b. classification for the purpose of taxation is not prohibited per se, but it must comply with the Test of Valid Classification
156
Enumerate the Test of Valid Classification.
1. Based on substantial distinctions which make real differences
2. Germane to the purposes of law
3. Applies to the purpose of law
4. Applies to present and future conditions substansially identical to those of the present
5. Applies equally to those who belong to the same class
157
Elements of a Progressive Taxation
- the rate increases as the tax base increases
- tax burden is based on the taxpayer's capacity to pay
- suited to the social conditions of the people
- reflects aim of the Convention that legislature following social justice command should use taxation as an instrument for more equitable distribution of wealth
158
Progressive Taxation is a _________ to Congress and is not __________________. [ Tolentino v Secretary of Finance]
directive;
| a judicially enforceable right
159
Enumerate the Constitutional Tax Exemptions
1. Charitable institutions, churches and parsonages or convents, mosques, non-profit cemeteries, and all lands, buildings, and improvements actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. [Sec28, Art VI]
2. All revenues and assets of non-stock, non-profit, educational institutions are exempt from taxes and duties provided that such revenues and assets are actually, directly, and exclusively used for educational purposes. [Sec 4, Art XIV]
3. Grants, endowments, donations or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax, subject to conditions prescribed by law [Sec 4, Art XIV]
160
Rules on Special Funds
1. Money collected on a tax levied for a special purpose shall be treated as a special fund and paid for such purpose only,
2. Once the special purpose is fulfilled or abandoned, any balanced shall be transferred to the general funds of the Government
161
What is the Rule on Presentement?
Rule on Presentement:
| Every bill, in order to become a law, must be presented to and signed by the President.
162
Iden.
This rule states that every bill, in order to become a law, must be presented to and signed by the President.
Rule on Presentement
163
When must the President communicate his decision to veto a bill?
The President must communicate his decision to veto within 30 days from teh date of receipt thereof.
164
What happens if the President does not communicate his decision to veto a bill within 30 days from the date of receipt?
The bill shall become a law as if he signed it. ("lapsed into law")
165
How to override a Presidential veto on a bill?
At least 2/3 of ALL members of each house must agree to pass the bill. - the veto is overridden and becomes law without need of presidential approval.
166
What is the general rule wih regards to a Partial veto?
General rule: Partial Veto is invalid
167
What are exceptions to the general rule that a partial veto is invalid?
1. Veto of particular items of an appropriation, tariff, and revenue bill
2. Doctrine of Inappropriate Provisions
168
When is an item veto valid?
The President may veto particular items in an appropriation, revenue or tariff bill.
The whole item (and not just a portion) must be vetoed. [Bengson v Drilon]
169
What is considered an ITEM in a Bill?
In a bill, an ITEM, refers to the particulars, the details, the distinct and severable parts; an indivisible sum of money dedicated to a stated purpose; in itself, a specific appropriation of money, not some general provision of law, which happens to be in an appropriation bill.
170
What is a rider?
A rider is a provision which does not relate to a particular appropriation stated in the bill.
171
Can the President veto a rider?
YES.
Since it is an invalid provision under Sec 25, Art VI, the President may veto it as an item.
172
Iden.
This is a provision which does not relate to a particular appropriation stated in the bill.
A rider
173
What is the Doctrine of Inappropriate Provisions?
A provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto (ie treated as an item) even if its not an appropriation or revenue item.
[Gonzales v Macaraig]
174
This doctrine states that 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.
Doctrine of Inappropriate Provisions
175
What are the Non-legislative Powers of Congress?
a. Informing Function
b. Power of Impeachment
c. Other Non-Legislative Powers
176
Enumerate the 'Other Non-Legislative Powers' of Congress
1. Power to canvass the presidential elections
2. Declare the existence of war
3. Give concurrence to treaties and amnesties
4. Propose constitutional amendments
5. Implied powers such as the power to punish contempt in legislative investigations
177
How does the Congress perform its Informing Function?
Via legislative inquiries:
The conduct of legislative inquiries is intended to benefit not only Congress but the citizenry, who are equally concerned with the proceedings
[Sabio v Gordon]
178
The House of Representatives shall have the exclusive power to ____________ all cases of impeachment. [Sec 3]
initiate
179
The Senate shall have the sole power to ______________________ all cases of impeachment. [Sec 3, ArtXI]
try and decide
180
What is the Regular Procedure in the Initiation of Impeachment?
1. FILING by
a) any member of the HOR or
b) by any citizen upon endorsement by a member of the HOR
2. REFERRAL to the proper HOR Committee (ie HOR Committee on Justice)
3. COMMITTEE REPORT by proper committee, which either favorably or unfavorably resolves the complaint.
4. Above resolution is AFFIRMED or OVERRIDDEN by vote of 1/3 of all members of the HOR
181
When does the Senate proceed with an Impeachment trial?
When a verified complaint or resolution is FILED by 1/3 of all the members of the HOR.
182
What is the basic limitation to the HOR on the initiation of an impeachment case?
No impeachment proceeding shall be initiated against the same official more than once within a period of one year.
[Sec 2, Art XI]
183
Initiation (impeachment case) means ________________ to the Committee on Justice
filing coupled with referral
184
Can the Court make a determination of what constitutes an impeachable offense?
NO.
Such is a purely political question.
[Francisco v House of Representatives]
185
Can the Court apply to Congressmen the stringent standards it asks of justices and judges when it comes to inhibition from hearing cases?
NO.
Impeachment is a political exercise.
186
Does the Court's power of judicial review extend to impeachment proceedings?
By virtue of the expanded judicial review (Art VIII, Sec I), the Court's power of judicial review extends over justiciable issues arising in impeachment proceedings.
[Francisco v. House of Representatives]
187
Does the Court's power of judicial review extend to whether or not Senate Impeachment Rules were followed?
NO. Such is a political question.
[Corona v Senate]
