Contstitutional Law 1

Chapter 8 Notes: Summary

THE LEGISLATIVE DEPARTMENT

Senate
Composition 24 Senators, every 3 years will elect 12 senators (1st 12 has 6
years term, then the next 12, 3 years term, then 6 years term
thereafter) ( this is so for the senate shall not at any time be
completely dissolved)
Qualifications - natural born citizen
- at least 35 years old on the day of election
- able to read and write
- a registered voter
- a resident of the Philippines for at least 2 years before the
election day
Term 6 years term and can be elected for another term (maximum is 2
consecutive term of office)
The House of
Representatives
Composition - 250 members + 20% of the total number of representatives
(party-list representatives: 3 seats max)
Qualifications - Natural born citizens of the Philippines
- at least 25 years old on the day of election
- able to read & write
- a registered voter
- a resident of the Philippines for not less than one year before
the day of election.
Term - Have a 3-year term.
- can be re-elected for not more than 3 terms

Electoral Tribunal Senate House of Representatives

 each house has an SET HRET
electoral tribunal.
 sole judge of all contests
involving election, returns
& qualifications of its
members.
Composition
 9 members
– 3 Justices of SC to be designated by the Chief Justice, the senior justice is the chairman.
– the remaining 6 shall be members of the senate or the house of representatives (proportional
Representation, including party-list members)
Terminologies
Enrolled Bill - Official/Final copy of bill or joint resolution
(enrolled bill that has passed both houses of a legislature
doctrine) and is ready for signature of the President.
- The signing of the bill by the speaker of the
house and the president of the senate and the
certification by the secretaries of both houses
of congress that it was passed are conclusive
of its due enactment.

Animus maninde The intention of remaining (domicile/legal

residence/permanent)
Animus The desire to return (return to her previous Animus non revertendi – the
revertendi residence) abandoning of the former place
of residence and establishing a
new one.
Ad interim Temporary
Gerrymandering Formation of one legislative district out of
separate territories for the purpose of
favoring a candidate or a party. Not allowed
because the Constitution provides that each
district shall comprise, as far as practicable,
contiguous, compact and adjacent territory.

Cases Points
Poe-Llamanzares v. COMELEC (Estrella C. Requisites to acquire a new domicile:
Elamparo) (1) residence or bodily presence in a new locality;
(2) an intention to remain there;
(3) an intention to abandon the old domicile.
Tanasa v. Cuenco The right to nominate to the legislative sects in
the Electoral Tribunals belonged to the majority
& minority parties in the chamber. (proportional
representation)