LEGISLATIVE (MEMORIZE) Flashcards

(43 cards)

1
Q

doctrine of separation power

A

Separation of powers

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.

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2
Q

numbers of senators

A

24

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3
Q

DOCTRINE OF ULTRA VIRES

A

The term “ultra vires,” in ifs proper sense, “denotes some act or
transaction on the part of a corporation which, although not unlawful or contrary to public policy if done or executed by an individual,
is yet beyond the legitimate powers of the corporation as they are
defined by the statutes under which it is formed, or which are applicable to it, or by its charter or incorporation papers.”

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4
Q

freedom of arrest is also called?/

A

immunity from arrest

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5
Q

Checks and balance

A

Under the system of checks and balances, 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
(Suarez 2005)

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6
Q

legislative branch (what article)

A

Article 6 (THE LEGISLATIVE DEPARTMENT)

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7
Q

(Sec. 2, Article VI)

A

Composition Twenty-four (24) senators elected at large.

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8
Q

(Section 3, Article VI)

A

Qualifications. of senators

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9
Q

Term of Office Six years, commencing at noon on the 30th day of the next following their election provided that no Senator shall serve for more than two
consecutive terms. Voluntary renunciation of office for any length of time shall not be considered an interruption in the continuity of his service for the full term
for which elected

A

(Section 4, Article VI).

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10
Q

District representatives elected from legislative districts apportioned among the
provinces, cities and the Metropolitan Manila area.

A

(Section 5, Article VI)

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11
Q

Party-list representatives who shall constitute twenty per centum of the total number of representatives elected through the party-list system.
(selection or election from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and other sectors as may be provided by law, except the
religious sector)

A

(Section 5, Article VI)

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12
Q

A representative shall serve for three years, commencing at noon on the 30th day of
June next following their elections provided no representative shall serve for more than
three consecutive terms.

A

(Section 7, Article VI)

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13
Q

(Section 8, Article VI)

A

Regular election - 2nd Monday of May

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14
Q

(Section 9, Article VI)

A

Vacancy in the Senate or in the House of Representative

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15
Q

(Section 10, Article VI)

A

) Salaries of Senators & members of the House of Representatives

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16
Q

(Sec. 11, Article VI)

A

Privileges of Members

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17
Q

Sec. 12, Article VI)

A

Disclosure of financial interest (

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18
Q

(Sec. 14, Article VI)

A

Prohibitions/Disqualifications on the Members of Congress

19
Q

Disqualification of members of Congress - 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.

A

(Sec. 11, Article VI)

20
Q

(Sec. 16, Article VI)

A

Election of Officers of Congress by a majority vote of all its respective members.

21
Q

(Sec. 17, Article VI)

A

Electoral Tribunal in each House

22
Q

(Sec. 18, Article VI)

A

Commission on Appointments in Congress

23
Q

(Sec. 19, Article VI)

A

Constitution of the Electoral Tribunal and the Commission on Appointments

24
Q

(Sec. 26, Article VI)

A

Passage of a Bill

25
Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.
(Section 27, Article VI)
26
Transfer of Fund Prohibited
(Section 25, Article VI)
27
Congress 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.
(Section 25, Article VI)
28
Prohibition Against rider 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.
(Section 25, Article VI)
29
Transfer of Fund Prohibited 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.
(Section 25, Article VI)
30
Prohibited Appropriation 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. (where the appropriation is intended purposely to benefit a religious institution; Aglipay v. Ruiz)
(Sec. 29, Article VI)
31
The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation
(Section 28, Article VI)
32
(Sec. 21, article VI)
Conduct inquiries in aid of legislation
33
(Sec. 22, Article VI)
Conduct Question Hour
34
Have the sole power to declare the existence of a state of war (defensive war and not aggressive war in consonance with the constitutional provision renunciation of war as an instrument of national policy under
(Art. II Sec. 2)
35
The power to grant amnesty by the President with the concurrence of a majority of all the Members of the Congress.
(Sec. 19, Article VII)
36
No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.
(Sec. 21, Article VII)
37
(Section 10, Article 7)
Power to call special elections for President and Vice President
38
(Section 11, Article 7)
Power to judge the Presidents physical fitness to discharge the functions of his office
39
(Section 18, Article 7)
Power to revoke or extend suspension of the privilege of the writ of habeas corpus or declaration of martial law
40
(Section 2, Article 11)
Power of impeachment
41
(Section 2, Article X12)
Power relative to natural resources
42
(Section 1 and 2, Article 12)
Power to propose amendments to the Constitution
43
SALN MEANS
Statement of Asset, Liabilities and Net Worth