Constitutional Law Notes

1. (a) According to RA 7941, “the party-list system is a mechanism of proportional

representation in the election of representatives to the House of Representatives from national,
regional and sectoral parties or organizations or coalitions thereof registered with the
Commission on Elections (COMELEC). Component parties or organizations of a coalition may
participate independently provided the coalition of which they form part does not participate in
the party-list system.”

(b) According to RA 7941, “any organized group of persons may register as a party, organization
or coalition for purposes of the party-list system by filing with the COMELEC not later than
ninety (90) days before the election a petition verified by its president or secretary stating its
desire to participate in the party-list system as a national, regional or sectoral party or
organization or a coalition of such parties or organizations, attaching thereto its constitution,
by-laws, platform or program of government, list of officers, coalition agreement and other
relevant information as the COMELEC may require: provided, that the sectors shall include
labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped,
women, youth, veterans, overseas workers, and professionals.”

(c) The following are the qualifications of a party-list representative:

1. a natural born citizen of the Philippines;
2. a registered voter;
3. a resident of the Philippines for a period of not less than one year immediately preceding
the day of the election;
4. able to read and write;
5. a bona fide member of the party or organization which he seeks to represent for at least
90 days preceding the day of the election; and
6. at least 25 years old on the day of the election.
7. In case of a nominee of the youth sector, he must at least be 25 but not more than 30
years old on the day of the election. Any youth sectoral representative who attains the
age of thirty during his term shall be allowed to continue until the expiration of his term.

2. (a) No. According to jurisprudence, on-going judicial proceedings do not preclude

congressional hearings in aid of legislation.

(b) No, they may not invoke the executive privilege to avoid attending the legislative inquiry.
Jurisprudence states that executive privilege cannot be validly invoked to conceal a crime. The
offense being charged to the respondents is corruption which constitutes a crime.

(c) No, the senators are wrong. Even though the Senate, as an institution, is "continuing," as it is
not dissolved as an entity with each national election or change in the composition of its
members, but in the conduct of its day-to-day business, the Senate of each Congress acts
separately and independently of the Senate before it.
3. No. Immunity from arrest of the members of Congress are limited to offenses not punishable
by more than 6 years imprisonment while the Congress is in session.

4. Legislative privilege is a privilege to deliver a speech enjoyed by a member of Congress

provided for in the Constitution, free from question or liability.

Its limitation is that it must be in Congress or in any committee thereof.

5. A bill becomes a law through the following legislative process:

1. The bill is introduced and prepared.
2. A House has its first reading.
3. A Committee Consideration/Action session is held.
4. A House has its second reading.
5. A House has its third reading.
6. The approved bill is transmitted to the other House.
7. A conference committee is assembled.
8. The bill is transmitted to the President of the Philippines to be signed and passed.
9. If the President vetoes the bill, each House needs a 2/3 majority vote to pass the bill as
law.

6.
7. Congressional oversight is one of the powers vested in Congress by the Constitution that
allows for checks and balances in government. Section 21, Article VI of the Constitution
contains the provision on conducting inquiries in aid of legislation, while Section 22 allows
heads of department to appear before a House and be heard by such House on any matter
pertaining to their departments. This power allows Congress to conduct hearings to inquire into
the executive and supervise its departments and agencies and look for ways to advance the
administration’s policy goals.

8. Congress’ power is not limited to legislating laws and statutes. The following are
non-legislative powers of Congress:
1. Congress has the power to remove from office impeachable government officials.
2. Congress has the power to conduct meetings in aid of legislation.
3. Congress has the sole power to declare war.
4. Congress can revoke the declaration of Martial Law of the President.
5. Through the Commission on Appointments, Congress has the power to approve or reject
Presidential appointments.

9. It is the prohibition against transfer of appropriations. However the following may, by law,
be authorized to augment any item in the general appropriations law for their respective
offices from savings in other items of their respective appropriations:
1. President
2. Senate President
 3. House Speaker
4. Chief Justice
5. Heads of Constitutional Commissions

10. The emergency power granted by Congress to the President is subject to the following
conditions:
1. There must be a war or other emergency
2. The delegation must be for a limited period only
3. The delegation must be subject to such restrictions as the Congress may prescribe
4. The emergency powers must be exercised to carry out a national policy declared by
Congress