LEGISLATIVE (MEMORIZE) Flashcards
(43 cards)
doctrine of separation power
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.
numbers of senators
24
DOCTRINE OF ULTRA VIRES
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.”
freedom of arrest is also called?/
immunity from arrest
Checks and balance
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)
legislative branch (what article)
Article 6 (THE LEGISLATIVE DEPARTMENT)
(Sec. 2, Article VI)
Composition Twenty-four (24) senators elected at large.
(Section 3, Article VI)
Qualifications. of senators
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
(Section 4, Article VI).
District representatives elected from legislative districts apportioned among the
provinces, cities and the Metropolitan Manila area.
(Section 5, Article VI)
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)
(Section 5, Article VI)
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.
(Section 7, Article VI)
(Section 8, Article VI)
Regular election - 2nd Monday of May
(Section 9, Article VI)
Vacancy in the Senate or in the House of Representative
(Section 10, Article VI)
) Salaries of Senators & members of the House of Representatives
(Sec. 11, Article VI)
Privileges of Members
Sec. 12, Article VI)
Disclosure of financial interest (
(Sec. 14, Article VI)
Prohibitions/Disqualifications on the Members of Congress
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.
(Sec. 11, Article VI)
(Sec. 16, Article VI)
Election of Officers of Congress by a majority vote of all its respective members.
(Sec. 17, Article VI)
Electoral Tribunal in each House
(Sec. 18, Article VI)
Commission on Appointments in Congress
(Sec. 19, Article VI)
Constitution of the Electoral Tribunal and the Commission on Appointments
(Sec. 26, Article VI)
Passage of a Bill