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1. Except to the extent…..

-law on referendum RA 6735


- Initiative and referendum are both processes where we people will directly propose to the
Congress / local legislation.
Initiative
- We want the Congress to enact the law but congress is not doing anything so we people will
file petition directly to the Congress to enact the law.
“There is no existing law and we suggest enactment.”

Referendum
-approval or rejection of the law already enacted.
Initiative and referendum – both require that we propose/ submission of petition.
In referendum we simply write the law that we approve or reject.

Requirement in referendum is 10 and 3 – to give the COMELEC, must accompany of the


signatures agreed to participate.
COMELEC will set election when 10% of the total number of registered voters and 3%
representatives from legislative districts requirement is achieved. There will be voting at large.
This is a minimum requirement for government to consider the proposal. Just like any other
elections, the government will spend money,
Initiative on the const
Initiative on Statute (Law)
Initiative on local legislation – city council

2. Elected in a regular election…


“as may be provided by law” is a qualifier that means there is no amendment or revision of
constitution to effectuate the qualifier.

3. Natural born Filipino, naturalized are not qualified. – these are the requirements. the congress
will be changed by virtue of law but may be changed by amendment or revision.

4. The date of effectivity will be changed by ordinary legislation. It may be moved by mere
provision.

The senator may run for the third time but with put a gap. Constitution does not require full
term between two terms considering a senator goes through two elections in in his term.

“Voluntary renunciation” anytime that the Senator interrupt term voluntarily it is considered
that the term is fulfilled.

24 senators Article 18 Sec 2 is a transitory article of the 1987 Constitution.


1992 24
5. 2 houses sometimes called ‘chamber’. The lower house composed of not more than 250
members, but it may be changed by an ordinary legislation.
Increase the provinces, we add one to the 250 members.. Congress has the power to apportion
the seats among provinces, cities and Metropolitan Area.
250 members called congressmen, who is composed of district rep and partylist (national,
regional and sectoral).

(2) 20% of partylist rep is included in the number of the 250 members.
transitory provision
Constitution gives priority to extremely marginalized communities. They gave positive
discrimination. If the seats for partylist did not reach the req number of seats will not get seats.
Those who did not reach the first half will be evicted in favor of the sector districts.

(3) we avoid practice of gerrymandering where we only find places that has no legislative
districts and merge them in one district.

(4) there must be a general reapportionment, we know how many people in the phil after the
census, the Congress may enact laws to adjust leg district in accordance with the increase of
number. Congress is not prohibited to make special law.

6. Congressman is 1 year exception: you don’t have to have a specific district does not need that
you are a resident or a voter of that district, nonetheless you have to be registered as a resident.
‘voluntary renunciation’ it shall be taken from them
7. Regular election is the second Monday of May
8. . (unless otherwise ) not only the effectivity but also the day of election can be moved by ordinary
legislation/ law. Not amendment or revision.
9. By ordinary law, congress may prescribe laws in filling the vacancies (voluntary renunciation,
death, permanent disability, etc.) the senator or member of thr HR thus elected shall serve for
unexpired term
10. Members of the congress who approved the increase in compensationwill have to end in full
term before the slaries may take effect.
11. If congrcfcff1`*ess is in session, senator will not be arrested unless he will be arrested for the
crime above the prision correctional will be arrested even congress is in session.
12. 12. SALN has to be disclosed (statement of Assets, Liabilities ).
13. You cannot have any other office, any subdivision during the term. There are ex-officio powers
there is no conflict. There are positions in the government that has to be filled by the members
of the congress. It is provided by law, hence it has to be followed. If there are any, seat is
forfeited. If office is created and emoluments are increased during his term, he cannot sit even
after his term.
14. Cannot appear in any courts of justice, Electoral tribunals HRET, SEC and PET and admin bodies
which is under the executive branch that has adjudication body. A congressman cannot ____
15. Congress convene every fourth Monday of July (SONA)
16. (1)
(2) the quorum to do business is 13.once the majority does not agree, it is not enough to do
quorum or business, so they have to compel the attendance of the members, they may face
penalties
(3) penalty of suspension shall only be 6 months.
(4) what must be written in the journals?
Article VI Paragraph 4
- Yeas nays on any question, at the request of 1/5 of the present members shall be enter in
the journal
-Objections of the president

(5) they transmit it to the other HR may not adjourn for more than 3 days without the consent of
the other, no meetings in other places other than that in which both houses shall be sitting.

17. Each house shall each have electoral tribunal. Once the member assume the office COMELEC will
lose jurisdiction. In hRET there should be only 6 members from the senate and house of rep
(REPEAT)
Proportional representatuion

18. Article 7 sec 16


How to choose? Same as electoral tribunal
19. The senate of House or their committees can conduct their own committee. There should be a
resolution authored by a senator or congressman a supported by a committe before be invited.

22. congresss wants to check the exec.. called the question hour. Heads of depts, in QH, heads of
depts are invited with consent of pres. Heads of may inititate, otherwise either house may request
their appearance. Written questions be submitted at least three days before their appearance.

Executive session are closed door meetings.

23 (1)

(2) there must be a restriction and limititaion of the period

Limitations for delegating in

It is not the president that declares

Originated in HR –

Appropriations

Revenue

Tariif

Bills authorizing increase of public debts

Bills of local application


Private bills

Congrees that the HR is closer to the people and know better the situation.

6 bills from HR Consti requires, bill pertaining to appropriation is inititated by the HR. Senate may
have its own version. Senate overhauls the bill and no indication of previous bill resulting from
deliberation of the senate is not unconstitutional..

Bicameral committee joint members ironed out the details of the bills of the sentae and the HR-
different versions.

25 every yr the budget of Phil Governement is deliberated in congress. It is the pres approved the
budget. Budgetary req that do not pass the congress SC’ constitutional commission.

BR are ok, submitted to congress to GAA

(2) Any provision in GAA is related to appropriation. There must be no other provisions. Must pertain
to money, otherwise it must be removed.

(3) C must not undue benefit to itself

(4)Special appropriation there must be a budgetary req.

(5) Whatever is agrred upon in the deliberation, there should not be transferring for another project.
Exc. Pres of senate, Speaker, chief of justice and the heads of constitutional commision may by law
be authorized to augment any item in their GAA for they are independent from each other.

(6)

(7) The GAA law shall be deemed reenacted in force and effect until the general app is passed by the
congress

26.

(2) Al bill shall not become a law unless it has passed 3 readings in separate days and printed copies shal
have been distributed to its members three days before its passage except pres certifies to the necessity
of its immediate enactement to meet the [ublic calamity or emergency.debate happens during 2 nd
reading, 3rd reading no amendment is allowed and this will be reflected in the journal.

Votes in the last reading of the bill

27. Vetoes the bill by the pres and congress overrides the veto , that bill will still become a law.
3 ways

1. HR approves, Senate approves (vise versa) passed to the pres (Approves it) = law

2. HR and Senate approves vise versa sent to pres and pres ignores it becomes law

3. Pres receives the bill and return it to the house it originated. House may reconsider, but otherwise
they may override the veto by votes of 2/3 of mmbers, sent to atherbhouse, override 2/3 it will become a
law, even without the approval of Presidentr.

(2) Rejects a bill, rejects its entirety.


Three kinds of bills that can be vetoed in line item : Appropriations, revenue, tariff bill.

28. (2) delegation of power

Pres may be allowed to

(3) Actually, directly and exclusively used for religious or educational purpose.

Non -establishment clause-

-calls for the government for neuiutrality in religious matters in order to uphold volunteerism. It prohibits
excessive entanglement with, endorsement of and disapproval of religion.

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