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    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.

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    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.

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    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

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    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.

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    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

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    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

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    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

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    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.

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    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.

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    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.