Beruflich Dokumente
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Unicameralism vs Bicameralism
Unicameralism
Every bill must pass only a single house of
Congress to become a law
Simplicity of organization
economy and efficiency.
resulting
in
Bicameralism
Every bill must pass two houses of Congress to
become a law
Bicameral Congress
Thus,
1. Senate
2. House of Representatives
Senate:
Term of Office: A term of 6 years commencing at noon of June 30 next following the election. Limitation: No
senator shall serve for more than 2 consecutive terms. (Note: 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.)
Qualifications: 1. Natural-born Citizen
2. At least 35 years of age on the day of election
3. Able to read and write
4. A registered voter
5. Resident of the Philippines for at least 2 years immediately preceding the day of election
House of Representatives:
-Consists of: Distict Representatives and Party-list Representatives
(1) District Representatives are those elected from legislative districts apportioned among provinces, cities and
Metropolitan areas.
Qualifications: 1. Natural-born Citizen
2. At least 35 years of age on the day of election
3. Able to read and write
4. Registered voter in the district he/she seeks to represent
5. Resident of such district for at least 1 year immediately preceding the day of election.
Residency Requirement:
-If a person retains his/her domicile of origin for purposes of the residence requirement for representatives, the
one year period is irrelevant because by legal fiction , wherever he/she may be, he/she is a resident of his domicile
of origin.
-abandoned domicile or acquires a new one , the one year requirement must be satisfied.
Term of Office:
-3 years unless otherwise provided by law, commencing at noon on the 30th of June next following their election.
-Limitation: Shall not serve for more than 3 consecutive terms.
Legislative District
-each legislative district shall comprise as far as practicable, contiguous, compact and adjacent territory.
Reapportionment of Legislative District
-Congress shall make a re-apportionment of legislative districts within 3 years following the return of every
census.
-through the passage of special law
(2) Party-List Representatives constitutes 20% of the total number of representatives and are elected through a
party-list system of registered national, regional and sectoral parties or organizations.
6. At least 25 years of age on the day of election (youth: 25-30 yrs old)
VACANCY:
-The vacancy shall be automatically filled by the next representative from the list of nominees in the order
submitted to the COMELEC by the same party, organization or coalition, who shall serve for the unexpired term.
INCOMPATIBLE OFFICE
-A member of the Congress cannot accept any other office/employment in government during his term unless he
waives or forfeits his/her seat in Congress.
-forfeiture of the seat in Congress or cessation of his/her tenuew shall be automatic upon members assumption of
such other office deemed incompatible with his/her seat.
-no forfeiture shall take place if the member of Congress holds the other government in an ex officio capacity.
FORBIDDEN OFFICE
-a member of Congress cannot be appointed to any office which may ave been created or the emoluments thereof
increased during the term for which he/she was elected.
Other Inhibitions, Prohibitions and Obligations
1.
Legislators shall not personally appear before any Court of Justice or before the Electoral Tribunals or quasijudicial or other administrative bodies.
2. Legislators cannot ne interested financially either directly or indirectly, in any contract, franchise or special
privilege granted by the government
3. Legislators cannot intervene in any matter before any office of the government.
a. For his/her pecuniary benefit; or
b. Where he may be called upon to act on account of his/her office.
REQUIRED DISCLOSURES
1. Upon assumption of office, legislators must make a full disclosure of financial and business interests.
2. Must 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.
House of Representatives
1. Speaker Pro Tempore
2. Majority Floor Leader
3. Minority Floor Leader
4. Chairperson of various standing committees
5. Chairperson of Special Committees
6. Secretary
7. Sergeant at Arms
ELECTORAL TRIBUNALS
Composition:
-Composed of 3 Justices of the Supreme Court (designated by the Chief Justice)
-The Senior Justice shall be the Chairperson of the ET
-6 Members of the Senate or HR selected on the basis of proportional representation from political parties and
partylist.
Powers:
-The ET of the Houses of Congress shall be the sole judge of all contest relating to election, returns and
qualifications of their members.
-The decision of the ET may be reviewed by the Supreme Court only upon showing of grave abuse of discretion.
COMMISSION ON APPOINTMENTS
Composition:
1. Senate President- as Ex Officio Chairperson
2. 12 Senators
3. 12 members of HR
-elected by each house on the basis of proportional representation
Powers:
-The Commission shall act on all appointments submitted to it within 30 session days of Congress from their
submission
-The Commission shall meet only while the Congress is in session, at the call of its Chairperson or a majority of all
its members.
KINDS OF SESSION
1.
Regular Session
-Congress convenes on the 4th Monday of July(unless otherwise provided by law)
-It continues in session for as long as it sees fit, until 30 days before the opening of the next regular
session, excluding Saturdays, Sundays, and legal holidays.
NOTE: Neither House may adjourn its session without the consent of the other House.
2. Special Session
-May be called at any time by the President at his/her absolute discretion, to consider such subjects as he
may determine. Congress however, determines the number of days it needs for such session.
without need of call:
1.
To pass a bill calling for the holding of a special election when there is vacancy in the office of
President and Vice President.
2. To determine by 2/3 vote whether the President is unable to discharge the powers and duties
of his office.
3. To canvass the Presidential elections
4. To exercise the power of impeachment
5. When there is proclamation of martial law or suspension of the privilege of the writ of Habeas
Corpus.
3. Sine Die Session
-It is one held without a day, by staying the hands of the clock definitely at a certain time and continuing
the session indefinitely.
1.
When the Congress, acting as Board of Canvassers, breaks the tie between two or more candidates for
President and Vice President (Art VII, Sec 4.
2. Determine the Presidents disability (Art VII, Sec 11(4))
3. Confirming nomination of the Vice President (Art VII, Sec 9)
4. Declaring the existence of state of war (Art VI, Sec 23)
5. Proposing constitutional amendments (Art XVII, Sec 1)
To revoke or extend a proclamation suspending the privilege of the writ of habeas corpus or placing the
Philippines under martial law (Art VII, Sec 18)
Substantive Limitations
a. Express Substantive Limitations
i. Bill of rights (Art III)
ii. Limitations om appropriation (Art VI, Sec 25 and 28)
iii. On Constitutional appellate jurisdiction of the Supreme Court (Art VI, Sec 30)
iv. On taxation (Art XIV, Sec 4(3))
v. No law grantung a title of royalty or nobility shall be passed (Art VI, Sec 31
b. Implied Substantive Limitations
a. Prohibition against delegation of Legislative Powers
General rule: Legislative powers cannot be delegated
Exceptions: 1. Delegation to the President
a. Emergency Powers (Art VI, Sec 23)
b. Certain taxing powers (Art VI, Sec 23 (2)
2.
3.
4.
5.
-The bill approved on 3rd reading by one house is transmitted to the other House for concurrence, which
will follow substantially the same route as a bill originally filed with it.
-If the Other House approves the bill without amendment, the bill is passed by Congress and the same will
be transmitted to the President for appropriate action.
-If the other House, however, introduces amendments and the House from which it originated does not
agree with the said amendments, the differences will be settled by the Conference Committee of both
Chambers (known as the Bi-Cameral Committee), whose report or recommendation thereon will have to
be approved by both Houses in order that it will be consdered passed by Congress and thereafter sent to
the President for action.
Approval of the Bill:
Art VI, Sec 27 1
1. President approves the bill passed by signing it
2. If the President does not sign it within 30 days from the referral without approving nor vetoing the bill.
3. If the President veto the bill, he will return the bill with his objections to the House where it originated,
which shall enter such objections at large in its Journal and shall proceed to reconsider it.
If after such reconsideration, 2/3 of all the members of such House shall agree to pass the bill, it shall be
sent, together with the objections, to the other House by which it shall likewise be reconsidered.
If the other House, by vote of 2/3 of all its members, approves it, then the bill becomes a law.
Authentication of Bills
-Before an approved bill is sent to the President for his consideration, the bill has to be authenticated first.
-The system of authentication devised is the signing by the Speaker and the Senate President of the printed copy
of the approved bill, to signify to the President that the bill being presented to him has been duly approved by the
legislature and is ready for his approval or rejection.
Enrolled Bill - the bill passed by Congress, authenticated by the Speaker and the Senate President and approved by the
President.
Principle of Enrolled Bill
-otherwise known as the Enrolled Bill Doctrine
-the text of the act as passed and approved is deemed importing absolute verity and is binding on the
courts.
-the enrolled copy of a bill is conclusive not only of its provisions but also of its due enactment.
Legislative Journals (Art VI, Sec 16)
The journal is regarded as conclusive with respect to matters that are required by the Constitution to be recorded
therein.
Entries or records contained in the legislative journals are declared conclusive upon the courts.
Discrepany between Legislative Journals and Enrolled Bill
Where there is a discrepancy between the journal and the enrolled bill, the latter as a rule prevails over
the former, particularly with respect to matters not expressly required to be entered into the legislative
journal.
Exception: If there is withdrawal of authentication.
Withdrawal of Authentication
The Speaker and the Senate President may withdraw their signature from the signed bill where there is
serious and substantial discrepancy between the text of the bill as deliberated in the legislature
and shown by the journal and that of the enrolled bill.
Such withdrawal renders the bill without attestation and nullifies its status as an enrolled bill.
In such case, the bill is no longer accorded absolute verity as regards its text and the entries in the journal should
be consulted.
Where the journal discloses that substantial amendments were introduced and approved but were not
incorporated in the printed text sent to the President for signature, the Court can declare that the bill has not been
duly enacted and did not accordingly become a law.
General Appropriation Law passed annually, intented to provide for financial operatons of the entire
governement during one fiscal period.
2. Special Appropriations Law- designated and passed for a specific purpose.
IMPLIED LIMITATIONS ON APPROPRIATION MEASURES
1. The Appropriation must be devoted to a public purpose
2. The sum authorized must be determinable.
CONSTITUTIONAL LIMITATIONS ON APPROPRIATION MEASURES
1.
All appropriations, revenue or tariff bills, bills authorizing increase of public debt, bills of local application and
private bills shall originate in the House of Representatives. (Art VI, Sec 24)
2. Disbursements of discretionary funds must only be for a public purpose to be supported by appropriate
vouchers and subject to such guidelines as may be prescribed by law.
CONSTITUTIONAL GUIDELINES ON GENERAL APPROPRIATIONS LAW
1. Congress cannot increase the appropriations recommended by the President as specified in the budget.
2. Xxx
3. No provision or enactment shall be embraced unless it relates specifically to some particular appropriation
therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it
relates.
4. Procedure for approving appropriations for Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
CONSTITUTIONAL LIMITATIONS ON SPECIAL APPROPRIATION LAWS
1. Must specify the public purpose for which the sum was intended.
2. Must be supported by funds actually available as certified to by the National Treasurer, or to be raised by a
corresponding revenue proposal included therein. (Art VI, Sec 25(4))
GENERAL RULE:
No law shall be passes authorizing any transfer of appropriation.
Exception: The President, Senate President, Speaker of HR, the CJ and the heads of Constitutional
Commissions may by law , be authorized to augment any item in the General appropriations law for their
respective officers from savings in other items of their respective appropriation. (ART VI, sec 25(5))
With respect to Congress own budget the members of the Congress only determine the necessity
of the realignment of savings in the allotments for their operational expenses, because they are in the best
position to do so, being knowledgeable of the savings available in some items and which items need
augmentation. However, it is the Senate President or the Speaker of the HR, as the case may be, who shall
approve the realignment.
Prohibition: The Prohbition against appropriation for sectarian benefit (Art VI, sec 29(2)).
Automatic Re-Appropriation: If by the end of any fiscal year, the Congress shall have failed to pass
the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations
law is passed by Congress (Art VI, Sec 25 (7).
Appropriation Reserves: The Budget Secretar is authorized to establish reserves aginst appropriations
to provide for contingencies and emergencies which may arise during the year.
Impoundment: The refusal by the President for whatever reason to spend funds made available by
Congress.
State Secret Privilege- invoked on the ground that its disclosure would subvert crucial military or
diplomatic objective
2. Informers Privilege- the privilege not to disclose the identity of persons who furnish information of
violations of law to officers charged with the enforcement of that law.
3. Generic Privilege invoked for internal deliberation, which attaches to the intra-governmental
documents reflecting advisory opinions, recommendations, and deliberations comprising part of a
process by which governmental decisions and policies are formulated.
-To determine the validity of a claim of privilege, the question must be asked is not only whether the requested
information falls within one of traditional privileges but also whether that privilege should be honored in a given
procedureal setting.
-Is recognized only in relation to certain types of information of sensitive character. A claim thereof may be valid
or not depending on the ground invoked to justify it and the context in which it is made.
-The extraodinary character of the exemptions indicates that the presumption inclines heavily against executive
secrecy and in favor of disclosure.
III- POWER TO PUNISH FOR CONTEMPT
-Incidental to the power to conduct inquiries in aid of legislation
-May include imprisonment for an indefinite period bu the principles of due process and equal protection will
have to be considered.
Question Hour
-Attendance is compulsory
-committees
-entire body(plenary)
XI- POWER TO REVOKE OR EXTEND SUSPENSION OF THE WRIT OF HABEAS CORPUS AND MARTIAL
LAW
-within 48 hours from the proclamation of martial law or the suspension of the privilege of writ of Habeas Corpus,
the President shall submit a report in person or writing to the Congress.
-Revocation: vote of at least a majority of all the member of Congress voting jointly
-Extension:
a. Vote of at least a majority of all the members of the Congress voting jointly
b. upon initiative of the President
c. Invasion or rebellion persists
d. Public Safety requires it
e. For a period determined by Congress
President
Vice President
Justices of the Supreme Court
Members of the Constitutional Commissions
Ombudsman
Verified complaint filed by any members of HR, or by any citizen upon a resolution of endorsement by any
member of the HR (HR has the sole authority to initiate impeachment cases)
Complaint is included in the order of business within 10 session days from filing.
Complaint is referred to the proper committee within 3 session days.
Committee decided by a majority vote in favor or against filing a case.
The report and a resolution shall be submitted to the House within 60 session days from the time the matter
was referred to the committee.
The resolution shall be calendared for consideration within 10 session days from its receipt by the House
Vote of at least 1/3 of all the members of the house is needed:
a. To confirm a favorable resolution; or
b. To override a contrary resolution
IMPEACHMENT TRIAL
-Senate shall have the sole power to try and decide all impeachment cases.
-Vote of at least 2/3 of all the members of the Senate is necessary for conviction.
-If the President is on trial, the Chief justice presides, but does not vote.
CONSEQUENCES OF IMPEACHMENT
a. Removal from office of the official concerned:
b. Impeached officer is disqualified to hold any other office under the Republic of the Philippines
c. Impeached officer is still liable for prosecution, trial and punishment if impeachable offense committed
constitute a felony.
EXECUTIVE DEPARTMENT
EXECUTIVE POWER
-the power to enforce and administer laws
-vested in the President of the Philippines pursuant to Article VII, Section 1
-The powers of the president are not limited only to those that are expressly enumerated in the Constitution
-It has the residual power to protect the general welfare of the people which is founded on the duty of the President as
steward of the people. (borne by the Presidents duty to preserve and defend the Constitution.)
-The Faithful Execution Clause
The President shall have control of all the executive departments, bureaus, and offices.
ensure that laws be faithfully executed.
He shall
ELECTION
1. The President and Vice President shall be elected by direct vote of the People (Art. VII. Sec 4)
2. Regular elections are held on the second Monday of May
3. Congress, as the National Board of Canvasser
-Congress merely acts as a national board of canvassers, charged with the ministerial and executive duty
to make said declaration, on the basis of election returns duly certified by provincial and city board of
canvassers.
4. The Supreme Court en Banc acts as the Presidential Electoral Tribunal (PET)
TERM OF OFFICE
-
6 years which shall begin at noon on the 30 th of June next following the day of the election and shall end of the
same date 6 years thereafter.
There can be no re-election and no person who has succeeded as President and has served as such for more than 4
years shall be qualified for election to the same office at any time.
PRIVILEGES:
1. Official Residence
2. Salary
-determined by law
-shall not be decreased during the tenure
-no increase shall take effect until after the expiration of the term of the incumbent during which such
increase was approved.
3. Immunity from suit:
a. Absolute unlike in the case of the Members of the Congress
b. While the President is immune from suit, he or she may not be prevented from instituting suit.
c. After his or tenure, The President cannot invoke immunity from suit for civil damages arising out of
acts done by him or her while he or she was President which were not performed in the exercise of
official duties.
d. An alter ego of the President (department secretary) cannot invoke the Presidents immunity from
suit in a suit filed against him because the questioned acts are not the acts of the President but merely
those of the alter ego.
PROHIBITIONS
I Shall not receive any other emoluments from the government or any other source
-
No distinction is made whether the source comes from the government or any other sources.
II- Shall not hold any other office or employment unless provided by the Constitution
-
III Shall not directly or indirectly practice any other profession, participate in any business, be financially interested in
any contract with or in any franchise, or special privilege granted by the Government or any subdivision, agency or
instrumentality thereof, including GOCCs or their subsidiaries.
IV Shall avoid conflict of interest in the conduct of their office.
V May not appoint spouse or relatives by consanguinity or affinity within the 4 th civil degree
a. As members of the Constitutional Commission
b. Office of the Ombudsman, or
c. As secretaries, undersecretaries, Chairmen or Heads of Bureaus or offices, including GOOCCs and their
subsidiaries
-
If fourth civil degree relatives, however, are already in office when a President assumes office, the relatives are not
ousted from their positions. What is prohibited is appointment or re-appointment and not uninterrupted
continuance on office.
VACANCY
-
In the event that there is a vacancy in the Office of the President, it is imperative to determine first whether such
vacancy falls under the following circumstances:
a. Vacancy at the beginning of the term or
b. Vacancy during the term
-Vice President shall act as President until a President shall have been chosen and qualified.
3. If the President shall have not been chosen,
-The Vice- President shall act as President until a President have been chosen and qualified
4. If both the President and the Vice President shall not have been chosen or qualified or where both shall have died
or become permanently disabled,
-The President of the Senate, or in case of his inability, the Speaker of the HR shall act as President until a
President Or Vice President shall have been chosen and qualified.
Note: An acting President is not an incumbent President nor does he become President to serve the
unexpired portion of the term.
Rules on Succession: Vacancy occurs in mid-term
Section 8, Article VII
-Death, permanent disability, removal from office, or resignation of the President, the Vice President shall become
the President to serve the unexpired term.
-Death, permanent disability, removal from office or resignation of both the President and Vice- President, the
President of the Senate, or in case of his inability, the Speaker of the HR shall act as President until a President or
a Vice President shall have been elected and qualified.
PROCEDURE IN CASES OF VACANCIES IN BOTH OFFICES OF THE PRESIDENT AND VICE PRESIDENT
1.
2.
3.
4.
5.
6.
Congress shall convene in accordance with its rules without the need of call in the third day after the vacancy
occurs.
Within 7 days shall enact a law for special election to be held not earlier that 45 days nor later than 60 days
thereafter.
The bill shall be deemed certified and shall become law upon its approval on 3rd reading by Congress.
Appropriations shall be charged against any current appropriation and shall be exempt from the requirements of
par 4, Section 25 of Art VI.
Convening of Congress cannot be suspended nor the special election be postponed.
No special election shall be called if the vacancy occurs within 18 months before the date of the next regular
elections.
In case the President transmits to the Speaker of the House and Senate President his written declaration of
inability to discharge the powers and duties of the office, The VP shall be the acting President until the President
transmits a written declaration to the contrary.
2. In case the majority of the Cabinet members transmits of the Cabinet members transmits to the Speaker of the
House and Senate President a written declaration of the Presidents inability to discharge the powers and duties of
his office, The VP shall immediately assume the powers and duties as acting President.
3. In case there is a contrary declaration between the President and the majority of the Members of the Cabinet,
a.
b. If the Congress by a vote of 2/3 vote of both Houses, voting separately, found the President incapacitated,
the VP shall act as President. Otherwise, the President shall continue to exercise the powers and duties of
the Office.
SERIOUS ILLNESS OF THE PRESIDENT
Section 12, Article VII
-
In case of serious illness of the President, the public shall be informed of the state of his health.
The members of the Cabinet in charge of national security and foreign relations and the CSAFP (Chief of Staff of
the Armed Forces of the Philippines) shall not be denied access to the President during illness.
EXECUTIVE POWER
-
Appointing Power
KINDS OF PRESIDENTIAL APPOINTMENTS
a.
b.
c.
d.
Regular Appointment
Ad Interim Appointment
Appointments made by an Acting President; and
Midnight appointments- those made 2 months before the next presidential elections and up to the end of his term.
1.
2.
3.
4.
May not appoint his spouse and relatives by consanguinity or affinity within the 4 th civil degree of the President
for the following positions:
a. Members of the Constitutional Commission
b. Members of the Office of the Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairman or heads of bureaus or offices including GOCCs and their subsidiaries
2. Appointments made by an acting President shall remain effective unless revoked within 90 days from assumption
of office by the elected President.
-covers only appointments in the executive department
3. President or an acting President shall not make appointments except temporary ones before the next presidential
elections and up to the end of his term when continued vacancy will prejudice public service or endanger public
safety.
-does not refer to appointment of the Members of the Supreme Court
4.