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Consti Review
Consti Review
Consti Review
Note:
The original legislative power of the people is exercised via initiative and
referendum. In this manner, people can directly propose and enact laws,
or approve or reject any act or law passed by Congress or a local
government unit.
Note:
EXCEPTIONS:
1.
2.
Instances when the Constitution itself allows for such delegation [see Art.
VI Sec. 23(2)]
Congress can only delegate, usually to administrative agencies, RULEMAKING POWER or LAW EXECUTION. This involves either of two tasks for
the administrative agencies:
1.
2.
Composition
24 senators who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.
Qualifications
1.
2.
3.
4.
5.
Natural-born citizen;
At least 35 years old on the day of election;
Able to read and write;
A registered voter; and
Philippine resident for at least 2 years immediately preceding the day of
the election.
Note: The qualifications of both Senators and Members of the House are
limited to those provided by the Constitution. Congress cannot, by law,
add or subtract from these qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June
next following their election.
Term Limitations:
1.
2.
Composition:
1.
2.
2.
1.
2.
3.
4.
5.
Qualifications
1.
2.
3.
4.
5.
Term of Office
1.
Each member of the House shall be elected for a term of three (3) years
which shall commence (unless otherwise provided for by law) at noon on
30 June next following their election.
2. Voluntary renunciation of 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.
Term Limitations
Definition
Terms means the period during which the elected officer is legally
authorized to assume his office and exercise the powers thereof.
2. Tenure is the actual period during which such officer actually holds his
position.
1. Limitation/Possible Reduction
1.
Term CANNOT be reduced.
2.
Tenure MAY, by law, be limited. Thus, a provision which considers
an elective office automatically vacated when the holder thereof files
a certificate of candidacy for another elective office (except President
and Vice-President) is valid, as it only affects the officers tenure and
NOT his constitutional term.
Party-List Representatives
1.
1.
1.
1.
1.
2.
3.
No increase in their salaries shall take effect until after the EXPIRATION OF
THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE
AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution provides for rules on salaries and not on
emoluments, our distinguished legislators can appropriate for
themselves other sums of money such as travel allowances, as well as
other side benefits.
Sec. 11: CONGRESSIONAL IMMUNITIES
1.) Immunity from arrest:
1.
3.
2.)
The immunity is only with respect to arrests and NOT to prosecution for
criminal offenses.
Legislative privilege:
1.
(i)
Protection is only against forum other than Congress itself.
Thus for inflammatory remarks which are otherwise privileged, a member
may be sanctioned by either the Senate or the House as the case may be.
(ii)
The speech or debate must be made in performance of their
duties as members of Congress. This includes speeches delivered,
statements made, votes cast, as well as bills introduced, and other
activities done in performance of their official duties.
(iii)
Congress need NOT be in session when the utterance is made,
as long as it forms part of legislative action, i.e. part of the deliberative
and communicative process used to participate in legislative proceedings
in consideration of proposed legislation or with respect to other matters
with Congress jurisdiction.
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 of a potential conflict of interest that
may arise from the filing of a proposed legislation of which they
are authors.
Senate President;
2.)
3.) Each House may choose such other officers as it may deem
necessary.
Election of Officers
Internal Rules:
1.
2.
Discipline:
1.)
1.
2.
2.)
1.
Suspension
Concurrence of 2/3 of ALL its members and
Shall not exceed 60 days.
Expulsion
Concurrence of 2/3 of ALL its members.
2.)
3.) An enrolled bill is the official copy of approved legislation and bears
the certifications of the presiding officers of each House. Thus where the
certifications are valid and are not withdrawn, the contents of the enrolled
bill are conclusive upon the courts as regards the provision of that
particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time
Congress is in session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two
houses are sitting, without the consent of the other.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal
which shall be composed of:
1.
2.
4.) Judicial review of decisions of the ETs may be had with the SC only
insofar as the decision or resolution was rendered without or in excess of
jurisdiction or with grave abuse of discretion constituting denial of due
process.
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.)
2.)
12 Senators; and
3.)
2.) The CA shall act on all appointments within 30 session days from
their submission to Congress.
3.)
Jurisdiction
1.) CA shall confirm the appointments by the President with respect to
the following positions:
1.
Meetings of the CA
1.)
2.) Meetings are held either at the call of the Chairman or a majority of
all its members.
3.) Since the CA is also an independent constitutional body, its rules of
procedure are also outside the scope of congressional powers as well as
that of the judiciary.
Note: The ET and the CA shall be constituted within 30 days after the
Senate and the House of Representative shall have been organized with
the election of the President and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1.
Enforcement:
1.
1.
1.
1.
1.
Since experience has shown that mere requests for information does not
usually work, Congress has the inherent power to punish recalcitrant
witnesses for contempt, and may have them incarcerated until such time
that they agree to testify.
The continuance of such incarceration only subsists for the lifetime, or
term, of such body. Once the body ceases to exist after its final
adjournment, the power to incarcerate ceases to exist as well. Thus, each
Congress of the House lasts for only 3 years. But if one is incarcerated by
the Senate, it is indefinite because the Senate, with its staggered terms, is
a continuing body.
BUT, in order for a witness to be subject to this incarceration, the primary
requirement is that the inquiry is within the scope of Congress powers. i.e.
it is in aid of legislation.
The materiality of a question is determined not by its connection to any
actually pending legislation, but by its connection to the general scope of
the inquiry.
The power to punish for contempt is inherent in Congress and this power
is sui generis. It cannot be exercised by local government units unless they
are expressly authorized to do so.
Limitations:
1.
1.
1.
1.
1.
1.
2.
Emergency powers:
1.
Appropriation bills
Revenue bills
Tariff bills
Bills authorizing the increase of public debt
Bills of local application
Private bills
1.
Revenue Bill
1.
1.
1.
1.
1.
2.
President
1.
i.
As a mandatory requirement
ii.
The title does not have to be a complete catalogue of everything
stated in the bill. It is sufficient if the title expresses the general subject
of the bill and all the provisions of the statute are germane to that general
subject.
iii.
A bill which repeals legislation regarding the subject matter need
not state in the title that it is repealing the latter. Thus, a repealing
clause in the bill is considered germane to the subject matter of the bill.
1.
1.
Readings
In order to become a law, each bill must pass three (3) readings in both
Houses.
2. General rule: Each reading shall be held on separate days & printed
copies thereof in its final form shall be distributed to its Members three (3)
days before its passage.
3. Exception: If a bill is certified as urgent by the President as to the
necessity of its immediate enactment to meet a public calamity or
emergency, the 3 readings can be held on the same day.
4. First reading only the title is read; the bill is passed to the proper
committee
Second reading Entire text is read and debates are held, and
amendments introduced.
Third reading only the title is read, no amendments are allowed. Vote
shall be taken immediately thereafter and the yeas and nays entered in
the journal.
Veto power of President:
1.
1.
1.
1.
1.
1.
To OVERRIDE the veto, at least 2/3 of ALL the members of each House
must agree to pass the bill. In such case, the veto is overriden and
becomes a law without need of presidential approval.
Item veto
The President may veto particular items in an appropriation, revenue or
tariff bill.
This veto will not affect items to which he does not object.
Definition of item
TYPE OF BILL
ITEM
1. Revenue/tax bill
thereon
2. Appropriations bill
purpose
1.
1.
Veto of RIDER
A rider is a provision which does not relate to a particular appropriation
stated in the bill.
2. Since it is an invalid provision under Section 25(2), the President may veto
it as an item.
2)
It should be EQUITABLE
3)
4)
The power to tax must be exercised for a public purpose because
the power exists for the general welfare
5)
The due process and equal protection clauses of the Constitution
should be observed.
Delegation of power to fix rates
1)
a)
Tariff rates
b)
c)
d)
Charitable institutions
b)
c)
Mosques
d)
e)
All lands, buildings and improvements actually, directly and
exclusively used for religious, charitable, or educational purposes.
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. (Art. XIV Sec 4 (3))
3)
Grants, endowments, donations or contributions used actually,
directly and exclusively for educational purposes shall be exempt from
tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))
Section 29. Power of the Purse
1)
No money shall be paid out of the National Treasury EXCEPT in
pursuance of an appropriation made by law.
a)
b)
BUT: This rule does not prohibit continuing appropriations. e.g. for
debt servicing. This is because the rule does not require yearly, or annual
appropriation.
2)
Limitations.
a)
b)
Cannot appropriate public funds or property, directly or indirectly, in
favor of
(i)
Any sect, church, denomination, or sectarian institution or
system of religion or
(ii)
Any priest, preacher, minister, or other religious teacher or
dignitary as such.
EXCEPT if the priest, etc is assigned to:
-
government orphanage; or
leprosarium
c)
BUT the government is not prohibited from appropriating money for
a valid secular purpose, even if it incidentally benefits a religion, e.g.
appropriations for a national police force is valid even if the police also
protects the safety of clergymen.
d)
ALSO, the temporary use of public property for religious purposes is
valid, as long as the property is available for all religions
3)
Special Funds
a)
Money collected on a tax levied for a special purpose shall be
treated as a special fund and paid out for such purpose only.
b)
Once the special purpose is fulfilled or abandoned, any balance
shall be transferred to the general funds of the Government
Section 32. INITIATIVE AND REFERENDUM
1)
Through the system of initiative and referendum, the people can
directly propose and enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body.
2)
Required Petition
a)
Should be signed by at least 10% of the total number of registered
voters
b)
Every legislative district should be represented by at least 3% of the
registered voters
c)