35997343 political law notes

8/8/2019 35997343 Political Law Notes

1/10

Political law- Midterm notes

Philippine Political Law-Cruz

Chapter 8

Legislative Department

New Constitutionrevived the Congress of the

Philippines, which was replaced during the

Marcos regime with the Batasang Pambansa.

The New Congress represents a return to

bicameralism after unicameralism by 1973

Constitution.

Malolos Congress- also unicameral as well as

Taft Commission during the early years of

American regime.

Philippine Bill of 1902 provided for a

legislature consisting of Philippine Assembly

and Philippine Commission

Under the Jones Law: was replaced by The

House of Representatives and the Senate

respectively.

The Philippine Legislature pattern of the

Congress of the Philippines organized under1940 Constitutional amendments.

Section 1, Article 6: the legislative power is not

exclusively vested in the Congress.

Non-legislative power of the Congress:

1. Canvass of presidential elections.2. Declaration of the existence of a state

of war

3. Confirmation of amnesties4. Presidential appointments through the

commission on appointments

5. Amendment or revision of theconstitution

6. ImpeachmentThe Senate

Composition: 24 Senators who shall be elected

by qualified voters of the Philippines

Senatea training ground for national leaders

and possibly a springboard to the presidency.

The Senator having a NATIONAL rather than

only a DISTRICT CONSTITUENCY will have a

broader outlook of the problems of the country

instead of being restricted by parochial

viewpoints and narrow interests.

Senate is likely to be more CIRCUMSPECT and

BROAD-MINDED than the HOUSE OF

REPRESENTATIVES.

Qualifications

1. Natural born citizen of the Philippines2. At least 35 years of age on the day of

the election

3. Able to read and write4. Registered voter5. Resident of the Philippines for not less

than 2 years IMMEDIATELY PRECEDING

the day of the election.

Natural-born citizenscitizens of the Philippines

from birth without having to perform any act to

acquire or perfect their Philippine citizenship.

Residenceplace where one habitually resides

and to which when absent, has the intention of

returning

A person cannot have two residences at the

same time; acquisition of a new residence

results in the forfeiture of the old.

Residence is in any part of the Philippines,

unlike in the case of the member of the House

of Representatives, who must reside in the

district where he is running.

These are CONTINUING requirements they

must be possessed for the entire duration of

the members incumbency.


2/10

If he should be naturalized in a foreign country

during his term, he shall cease to be entitled to

his seat.

They are also EXCLUSIVEunder the principle of

EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS.

Congress is not competent toprovide by mere legislation for

additional qualifications no matter

how relevant they may be.

Example: Requirement of a college degree as an

added qualification for membership in the

Congress would be UNCONSTITUTIONAL.

TERM

Articles VI and XVIII

Sec. 4. Term of Office of Senators 6 years, shall

commence, unless otherwise provided by law,

at noon on the thirtieth day of June next

following their election.

Sec. 2. Senators, Members of the House of

Representatives, Local Officials first elected

shall serve until noon of June 30, 1992.

Senators elected in the election in 1992:

First twelve obtaining the highest number of

votes shall serve for six years and the remaining

twelve for 3 years.

24 senators first elected under this

Constitution on the second ofMay 1987 served

only for 5 years ending on June 30, 1987.

24 senators elected in 1992: first 12

served the full term of 6 years, expiring in 1998.

Last 12

served only for 3 years ending in 1995.

12 senators elected in 1995: Served the

full term of 6 years

Those elected in 1998: also serve the

full term.

Those elected in 2001:also serve the full

term.

Beginning 1995, 12 senators shall be

elected every 3 years, to serve the full term of 6

years.

Unlike the House of Representatives,

Senate shall not in any time be completely

dissolved.

One-half of the membershipretained

Other halfreplaced or re-elected every

3 years

Continuity of life of the Senate

intended to encourage the MAINTENANCEOF

SENATE POLICIES.

guarantee that there will be

EXPERIENCED MEMBERS who can help and

train newcomers in the discharge of their

duties.

Article VI, Section 4No senator shallserve for more than TWO CONSECUTIVE

TERMS.

Voluntary renunciation of the office

for any length of time shall not be considered as

an interruption in the continuity of his service

for the full term for which he was elected.

Reason why the Constitution is wary

that elective officials may stay too long in office:

1. They may entrench themselves inpower to the exclusion of otheraspirants for the office

2. Create or maintain the politicaldynasties discouraged and

eschewed in Article II as a matter of

state policy.

After 12 years, Senator must seek greener

pastures or lie down to pasture.

Term of the members of the Congress of the

Philippines under the old Constitutionbegan

on the Thirtieth day of December next following

their election in November.

June 30th

does not have any historical

significance unlike the Rizal Day.

no reason for making the term start at exactly

noon, as in the case of the President.


3/10

President of The Philippines term commences

at noon because of the ceremonies held in

connection with his formal inauguration, but

the legislators do not have to wait that long to

begin their own term.

The House ofRepresentatives

Composition

2 kinds of members:1. The District Representative- elected

DIRECTLY and PERSONALLY from

the TERRITORIAL UNIT he is seeking

to represent.

2. The Party-list Representative-chosen INDIRECTLY, through the

party he represents, which is the

one voted for by the electorate.

The Party-list Systeman innovation of the 1987

Constitution and has yet to be proved for

wisdom and efficacy.

Sec. 5. House of Representatives: composed of

250 members unless otherwise fixed by law.

They shall be elected from legislative districts

apportioned among the provinces, cities and

the Metropolitan Manila area

Party-list representativeconstitute 20 per

centum of the total membership of the House

of Representatives.

After 3 consecutive terms after the ratification

of the constitution one-half of the seats

allocated to party-list representatives shall be

filled as provided by law by selection or election

from the LABOR, PEASANT, URBAN

POORINDIGENOUS CULTURAL COMMUNITIES,

WOMEN, YOUTH, AND SUCH OTHER SECTORS

AS MAY BE PROVIDED BY LAW,EXCEPT THE

RELIGIOUS SECTOR.

Legislative districtcomprise, as far as

practicable, CONTIGUOUS, COMPACT AND

ADJACENT TERRITORY.

City with a population of at least250,000 or each province, shall

have at least one representative.

Every 3 years following the returnof every census, Congress shall

make a reappointment of legislative

districts based on the standards

provided in this section.

The District Representatives

200 membersoriginally provided

for in the House of Representatives

to be directly elected from the

various legislative districts created

by the Ordinance appended to the

1987 Constitution.

Territorydivided into 13regionscomprising 2 hundred

districts apportioned among

provinces, cities and Metropolitan

Manila in accordance with the

number of their respective

inhabitants and on the basis of a

uniform and progressive ratio.

Each city with a population of at

least 250,000 and every province

shall have at least onerepresentative.

Guarantee against

Gerrymandering arrangement in

of districts in such a way as to favor

the election of preferred candidates

(usually re-electionists) through the

inclusion therein only of those

areas where they expect to win,

regardless of the resultant shape of

such districts.

Compact: solid, contiguous, in

physical contact; adjacent, close by

or near.

The validity of a legislative

apportionment measure is a

justiciable question, involving as it


4/10

does certain requirements the

interpretation of which does not

call for the exercise of legislative

discretion.

The Party-list Representatives

constitute 20 percent of the total

membership of the body.

rules for selection is embodied in

R.A. 7941, enforced for the first

time in the elections held in 1998.

not later than 90 days before

election day- any political party,

organization or coalition may file a

verified petition through its

president or secretary for itsparticipation in the party-list

system,

1.attaching a copy of its

constitution,

2. by laws, platform, and

3.list ofofficers and

4.such other relevant information

as may be required by the

COMMISSION ON ELECTIONS.

Petition

published in at least 2newspapers of general circulation

after due notice and

hearing, be resolved within

15 days and in no case be

later than 60 days before

the election.

Disqualified:

1. Religious sects2. Foreign Organizations3. Those advocating violence or unlawful

means

Sectors include:

1. Labor2. Peasant3. Fisher-folk4. Urban Poor5. Indigenous Cultural Communities6. Elderly

7. Handicapped8. Women9. Youth10.Veterans11.Overseas workers12.Professionals

Upon registration:

Political group shall submit to theCOMELEC not later than 45 days

before the election at least 5 names

from which its representatives may

be chosen in case it obtains the

required number of votes.

Names of the party-list nominees shall not be

shown on the certified list of representatives in

the party-list system to be distributed by the

COMELEC among all the precincts.

Persons must give written consent to be named

as party-list members and in one list only.

Persons who lost in the immediately preceding

elections are ineligible.

Every voter is entitled to 2 votes:

1. For the candidate for member of the House

of Representatives in his legislative district

2. For the party, organization or coalition hewants represented in the House of

Representatives.

Participants in the party-list systemranked

according to the number of votes they received.

Those getting at least 2% of the total votes cast

for the system being entitled to one seat each.

Those obtaining more than 2% shall be given

additional seats in proportion to their total

number of votes, but none shall have more than

3 seats each.

Party-list representatives shall have the same

rights and be subject to the same inhibitions

and disqualifications.

Only exception is that any party-list

representative who changes his political party

during his term of office shall forfeit his seat.


5/10

If change was made within 6 months before an

election, he shall not be eligible for nomination

as party-list representative under his new party

or organization.

Qualifications

Same with Senators.

1. Natural-born citizen of the Philippines2. At least 25 years of age on the day of

election

3. Able to read and write4. Except the party-list representatives, a

registered voter in the district in which

he shall be elected

5. Resident thereof for a period of not lessthan one year immediately preceding

the day of the election.6. Party-list representative must be a bona

fide member of the party he seeks to

represent at least 90 days before

election

7. Youth representative must not be morethan 30 years old but may continue

beyond that age until the end of his

term.

Age qualificationlower

might explain the relative impulsiveness of the

House of Representatives.

Residence

must be in the district, not in theprovince comprising the district

only one year immediately beforethe election, unlike in the case of

the Senate, where it must be 2

years before the election, and

anywhere in the Philippines.

Purpose of the Residence Requirement:

1. Ensure familiarity with the conditionsand problems of the constituency

sought to be represented

2. Consequent efficiency and concern inthe discharge of legislative duties on its

behalf.

Quo warranto- A legal proceeding during which

an individual's right to hold an office or

governmental privilege is challenged.

Animus revertendi

- The intention of returning. A man retains his

domicil, if he leaves it animo revertendi.

Term

Members of the House of Representatives

under the Commonwealth Constitution 4 years

Member of the Batasang Pambansa under the

1973 Charter6 years

New House of Representatives:

Members of the House of Representatives3years which shall begin unless otherwise

provided by law, at noon on the thirtieth day of

June next following their election

No member of the House of Representatives

shall serve for more than 3 consecutive terms.

Purpose in reducing the term to 3 years

1. Synchronize electionsSenate 3 year intervals (to elect one half of the

body)President and Vice President every 6 years

Term of local officials: also 3 years

The Member of the House Representatives may

not be re-elected any number of times.

Senator can serve for no more than twelve

years

Member of the House of Representatives

limited to 3 terms only or a total of 9

consecutive years.

Election

Second Monday of May, 1987elections of the

Congress of the Philippines

Next election: Transitory provisionsheld in

1992 for all members of the Congress followed

by another election 3 years later in 1995. For


6/10

the entire membership of the House of

Representatives and 12 members of the Senate.

Every 3 years all members of the House of

Representatives and one-half of the Senate

shall be up for election, or if re-election is still

allowed.

Sec. 9. In case of vacancy in the Senate or in the

House of Representatives, a special election

may be called to fill such vacancy in the manner

prescribed by law, but the Senator or Member

of the House of Representatives thus elected

shall serve only for the unexpired term.

Salaries

Article VI

Secr. 10 Salaries of Senators and Members of

the Congress 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. 20

Records and books of accounts of theCongress shall be PRESERVED and BE OPEN TO

THE PUBLIC in accordance with the law.

Books shall be audited by COA, which shall

publish annually an itemized list of amounts

paid to and expenses incurred for each

member.

There is no prohibition against the receipt of

allowances by the members of the Congress.

Deletion of per diems and other emoluments

and allowances is an implied permission to the

congress to vote allowances in favor of its

members.

Reduction of the salaries of the members of the

Congress is not prohibited by the Constitution.

If any increase is to be made cannot be

effective during the term of the members of the

Congress who have approved such increase.

Parliamentary Immunities

Sec. 11. Senator or member of the House of

representativesprivileged from arrest while

the congress is in session in all offenses

punishable by not more than six years

imprisonment.

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.

2 kinds of immunity:

1. Immunity from arrestto ensurerepresentation of the constituents ofthe member of the congress by

preventing attempts to keep him from

attending its session.

2. Privilege of speech and debateenablesthe legislator to express views bearing

upon the public interest without fear of

accountability outside the halls of the

legislature for his inability to support his

statements with the usual evidence

required in the court of justice.

Privilege from arrest

Under the 1987 Constitution scope of

immunity has been expanded to cover not only

CIVIL arrests but also arrests for criminal

offenses punishable by not more than 6 years

imprisonment.

Immunity may not be invoked if the crime is

murder but is available in case of physical

injuries.

Immunity applies only while the Congress is in

session.

Session does not refer to day-to-day

meetings of the legislature but to the entire

period from its initial convening until the final

adjournment.

Privilege ofSpeech and Debate


7/10

2 requirements in order to be availed:

1. Remarks must be made whilelegislature or the legislative committee

is functioning; that is in session

2. They must be made in connection withthe discharge of official duties.

First laid down in the leading case of Coffin vs.

Coffin.

The privilege could not be invoked by a

legislator who had allegedly maligned the

plaintiff in an open letter to the President of the

Philippines coursed through and published in

newspapers. The finding was he had written the

letter at a time when congress was in recess

and in his private capacity. (Jimenez vs.

Cabangbang)

This privilege is not absolute.

Conflict of Interest

Sec. 12. All members of the senate and the

house of representatives shall, upon

assumption of office, make a full disclosure of

their financial and business interests. They

shall notify the House concerned ofa potential

conflict of interest that may arise from the

filing of a proposed legislation of which theyare authors.

Potential for self-aggrandizement will

be reduced and they will be prevented from

using their official positions for ulterior

purposes.

Incompatible and Forbidden Offices

Sec. 13. No senator or member of the House of

Representatives may hold any other office or

employment in the Government or any

subdivision, agency or instrumentality thereof,

including government-owned or controlled

corporations or their subsidiaries, during his

term without forfeiting his seat. Neither shall he

be appointed to any office which may have

been created or the emoluments thereof

increased during the term for which he was

elected.

Incompatible Officesmay not be held by the

legislator during his tenure in the Congress.

To prevent him from owing loyaltyto another branch of the

government, to the detriment of

the independence of the legislature

and the doctrine of separation of

powers.

The prohibition is not absolute.

Simultaneous holding of that office and the seat

in the Congress is not allowed.

He must first forfeit his position in the Congress.

Forfeiture of legislators seat is automatic upon

the holding of the incompatible office.

Membership in the Electoral tribunals is allowed

by the Constitution itself.

If it can be shown that the second office is an

extension of the legislative position or is in aid

of legislative duties, the holding thereof will not

result in the loss of the legislators seat in the

Congress.

A member of the Congress may not be

appointed to any office in the government that

has been created or the emoluments thereofhave been increased during his

termFORBIDDEN OFFICE.

Purpose: To prevent trafficking in public office.

The appointment of the member of the

Congress to forbidden office is not allowed

only:

1. During the term for which he waselected, when such office was created

or its emoluments were increased.

After such term and even if re-elected:

Disqualification no longer applies and may

therefore be appointed to the office.

Inhibitions and Disqualifications

Sec. 14. No Senator or Member ofthe House of

Representatives may personally appear as


8/10

counsel before any court of justice or before

the Electoral Tribunals, or quasi-judicial and

other administrative bodies. Neither shall he,

directly or indirectly, be interested financially in

any contract with, or in any franchise or special

privilege granted by the government, or any

Subdivision, agency, or instrumentality thereof,

including any government-owned or controlled

corporation, or its subsidiary, during his term of

office. He shall not intervene in any matter

before any office of the Government for his

pecuniary benefit or where he may be called

upon to act on account of his office.

Appearance of the legislator is now barred

before all courts of justice, regardless of rank,

composition, or jurisdiction.

Disqualification also applies to Electoral

Tribunals and all administrative bodies like SEC

and the National Labor Relations Commission.

Courts martial and military tribunalsincluded

Purpose of disqualification: To prevent

legislator from exerting undue influence,

deliberately or not, upon the body where he is

appearing.

Prohibited appearance must be personal.

Lawyer-legislator may engage in the practice of

the profession except when it involves the

above mentioned bodies.

Appearance may not be made by him but by

some other member of his law office.

Sessions

Sec. 15. The Congress shall convene once every

year on the fourth Monday of July for its regular

session, unless a different date is fixed by law,

and shall continue to be in session for such

number of days as it may determine until thirty

days before the opening of its next regular

session, exclusive of Saturdays, Sundays, and

Legal Holidays. The president may call a special

session at any time.

A mandatory recess is prescribed for the 30 day

period before the opening of the next regular

session, excluding Saturday, Sundays, and legal

holidays.

Presidents call is not necessary when:

1. Congress meets to canvass thepresidential elections.

2. To call a special election when both thePresidency and the Vice-Presidency are

vacated.

3. When it decides to exercise the powerof Impeachment, particularly where the

respondent is the President himself.

Officers

Sec. 16. The Senate shall elect its President andthe House of Representatives its Speaker, by a

majority vote of all its respective Members.

Each house shall choose such other

officers as it may deem necessary.

President and the Speakerdoes not have a

fixed term and may be replaced at any time at

the pleasure of a majority of all their respective

chambers.

Other officers:1. Senate President pro tempore2. The Speaker pro tempore3. Majority and Minority Floor Leaders4. Chairmen of the various standing and

special committees

5. Secretary and the Sergeant at armsLat 2 no members of the legislature.

Quorum

A majority of each house shall constitute a

quorum to do business, but a smaller number

may adjourn from day today and may compel

the attendance of absent members in such

manner and under such penalties, as such

House may provide.


9/10

Quorumany number sufficient to transact

business which may be less than the majority of

the membership.

It is required that the quorum be a majority of

each house. (Constitution)

Discipline Members

Article VI, Section 16(3)

Each house may determine the rules of its

proceedings, punish its members for disorderly

behavior and with the concurrence of two-

thirds of all its members suspend or expel a

member. A penalty of suspension, when

imposed shall not exceed sixty days.

Rules of proceedingsneeded for the orderly

conduct of the sessions of Congress.

They are within the exclusive discretion of each

House to formulate and interpret and may not

be judicially reversed.

Authority to discipline may still be exercised

without the provision as an inherent power,

with the concurrence of only a majority vote,

conformably to the general rule on the will ofthe majority.

The disciplinary power is not so much expressly

conferred as limited because of the specific

conditions laid down for its proper exercise.

Court can annul any expulsion or suspension of

member without concurrence of at least 2/3rds

vote.

Interpretation of the phrase disorderly

behavior is a prerogative of the Congress and

be judicially reviewed.-->political question.

Other disciplinary measures:

1. Deletion of unparliamentary remarksfrom the record, fine, imprisonment

and censure, sometimes called soft

impeachment.

Journals

Each house shall keep a Jorunal of its

proceedings and from time to time publish the

same, excepting such parts as may, in its

judgment, affect national security; and the yeas

and nays on any question shall, at the request

of one-fifth of the Members present, be

entered in the Journal.

Each House shall also keep a Record of

its proceedings.

Journalsrecord of what is done and

passed in a legislative assembly.

Useful for authenticating proceedingsInterpretation of laws through a study

of the debates held thereon and for informing

the people of the official conduct of their

respective legislators.

Parts about national security are not

published.

The contents of the enrolled bill shall

prevail over those in the journal in case of

conflict.Except when: the matters are required

to be entered in the journals, like the yeas and

nays of one-fifth of the members present.

Enrolled billone that has been duly

introduced, finally passed by both houses,

signed by the proper officers of each, approved

by the governor(or president) and filed by the

secretary of state.

An enrolled copy of a bill is conclusive

not only of its provisions but also its due

enactment.

Journalonly a resume or the minutes

of what transpired during a legislative session. It

is word for word transcript of the proceedings

taken during the session.


10/10

Adjournment

Neither House during the sessions of the

Congress shall, without the consent of the

other, adjourn for more than 3 days, not to any

other place than that in which the two Houses

shall be sitting.

Bicameralism envisions collaboration and

coordination between the 2 chambers of the

Congress.

Place as here used refers not to the building

but to the political unit where the two Houses

may be sitting.

Example: If both Houses are sitting in the samebuilding in the City of Manila, either of them

may sit in another building in the same city

without getting the consent of the other.

The Electoral Tribunals

Electoral Tribunalthe sole judge of all contests

relating to the election, returns, and

qualifications of their respective members.

Composed of:9 members

1. 3 Justices of the Supreme Court to bedesignated by the Chief Justice

2. 6 shall be the Members of the Senate orHouse of Representativeschosen on

the basis of proportional representation

from the political parties and the

parties or organizations registered

under the party-list system represented

therein. The senior Justice in the

Electoral Tribunal shall be its Chairman.

The right to nominate to the legislative seats in

the Electoral Tribunals belonged to the majority

and minority parties in the chamber, not to the

chamber itself or to the majority party therein if

the minority did not make its own nomination.

The parties entitled to representation in the

Electoral tribunals now are also entitled

nominate their own representatives although

the above provision does not expressly say so.

In the discharge of their constitutional duties,

they are independent of the legislature, and

also of the other departments.

The Commission on Appointments

To limit the Presidents appointing power

Consisting of:

1. President of the Senateex officiochairman

2. 12 Senators3. 12 Members of the House of

Representatives

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 30 session days of the

Congress from their submission. The

Commission shall rule by a majority vote of all

the members.

Ad interim appointments not acted upon at the

time of the adjournment of the Congress, even

if the thirty-day period has not yet expired, aredeemed by-passed under Article VII, Section 16.

Organization

Sec. 19. The Electoral Tribunals and the

Commission on Appointments shall be

constituted within 30 days after the Senate and

the House of Representatives shall have been

organized with the election of the President and

the Speaker. The Commission on Appointments

shall meet only while the Congress is in session

at the call of its chairman or a majority of all its

members, to discharge such powers and

functions as are herein conferred upon it.

35997343 political law notes

Documents