Chapter 8 the Legislative Department

7/26/2019 Chapter 8 the Legislative Department

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Chapter 8THE LEGISLATIVE DEPARTMENT

(Political Law)


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Residence

Defined as the place where one habituallyresides and to which when he is absent, he hasthe intention of returning.

A person cannot have two residence at the sametime; acquisition of a new residence results in

forfeiture of the old


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Domicile

According to SC, denotes a fied permanentresidence to w!c, whenever absent for business,pleasure, or some other reasons, one intends toreturn


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Pere !" Commission on Election "eld that a person#s registration as a voter in one

district is not a proof that he is not domiciled in another

district. $he registration of a voter in a place other thathis residence of origin is not sufficient to consider himto have abandoned or lost his residence.

$o establish a new domicile of choice, personal presence

in the place must be coupled w! conduct indicative ofthat intention. %t requires not only such bodily presencein that place but also a declared and probable intent toma&e it one#s fied and permanent place of abode.


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THE SENATE(Political Law)


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Composition

$he Senate is 'composed of twenty(fourSenators who shall be elected at large by thequalified voters of the )hilippines, as may beprovided by law.* %t is said to be the trainingground of future )residents because

membership in the Senate requires nationalconstituency and demands a broadcircumspection of the issues and problems of thecountry.


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#$ali%ications o% a Senator

$o be a senator, one must be+ natural(born citien of the )hilippines

on the day of the election is at least thirty(fiveyears of age

able to read and write

a registered voter, and

A resident of the )hilippines for not less than

two years immediately preceding the day of theelection.


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Term

-ach Senator shall have a term of si years and

he shall serve for not more than two consecutive

years

oluntary renunciation of the 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. /Art. %,

Sec.01


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THE H&'SE &( REPRESENTATIVESTHE SENATE(Political Law)


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)*+Composition

composed of 'District 2epresentatives* and')arty(list 2epresentatives.*

District Representatives

district representatives or congressmen areelected from the 'legislative districts* in

provinces and cities composed of not more than 345 members unless

otherwise fied by law


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ALDA,A !" C&MELEC

$he SC nullified a law w!c created a legislativedistrict for 6alolos City and according to SC itcontravenes the requirement in Sec. 4 /71, Art.% that each legislative district shall comprise as

far as practicable, contagious, compact andad8acent territory.

%n the case of A2266, the SC considered

unconstitutional the creation of provinces andcities in A2266 because only the Congresshave the inherent power to create legislativedistricts


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HERERRA !" C&MELEC

$he SC clarified that the basis for 'districting isthe number of inhabitants* of a province or a

city, and not the number of its registered voters.

Section 4 /71 of Article % only applies to cities

and not to provinces.


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PART-.LIST REPRESENTATIVES

party(list representatives are elected at large

through a party(list system of registered

national, regional, and sectoral parties or

organiations

$wenty percent of the total number of all the

members of the "ouse of 2epresentatives

constitutes the party(list representatives


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Parameters %or participatin/ the part0.list election

9. :ational, regional and sectoral parties or

organiation may participate in the pary(listsystem

3. :ational parties and regional parties does not

need to organie w! sectoral parties or

organiation to represent any marginalied and

underrepresented# sector


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7. )olitical parties can participate in party(list

election provided they register under the party(

list system and do not field candidates in

legislative district election

0. Sectoral parties or organiation may either be

marginalied and underrepresented# or lac&ing

in well(defined political constituencies#. %t is

enough that their principal advocacy pertains to

the special interest and concerns of their sector.


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4. A ma8ority of the members of sectoral parties or

organiations that represent the marginaliedand underrepresented# must belong to themarginalied and underrepresented# sectorthey represent.


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the SC declared as ineligible, and punished, a

8udge who filed his certificate of candidacy as a

party(list representative w!o first resigning,

stating that he 'violated not only the law, but the

constitutional mandate that no officer or

employee in the civil service shall engage

directly, in any electioneering or partisan

political campaign*


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SENERES !" C&MELEC

Any authoried person may submit a nomination list, even a

)resident, whose term had epired, may validly to do so, if

previously authoried, on the basis of the hold(over doctrine.

=nder Section > of the law,NOchange of names or alteration

of the order of nominees shall be allowed after the same shall

have been submitted to the C?6-@-C EXCEPT in cases

where the nominees dies, w!draws in writing his nomination

or become incapacitated, in w!c case the name of the

substitute nominee shall be placed last in the list.


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(o$r Parameters in a Philippine.St0lePart0.List Election S0stem

$wenty percent allocation in the "ouse /Sec. 4/31,Art. %1;

$o qualify to a seat, at least two percent of the votesis casted on the party;

$he additional seats, that is, the remaining seatsafter allocation of the guaranteed seats, shall bedistributed to the party(list organiation includingthose that received less than 3 of the total votes

A qualified party is entitled to a maimum of three

seats


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#$ali%ications $o be a member of the "ouse of 2epresentatives, one must be a

natural(born citien of the )hilippines

on the day of the election is at least twenty(five years of age

able to read and write, and, ecept the party(list representatives,

a registered voter in the district in which he shall be elected, and

a resident thereof for a period of not less than one year immediately

preceding the day of the election

)arty(list representative must be a bona fide (belong to the sector

represented or have a trac& record of advocacy for such sector) member

of the party he see&s to represent at least B5 days before election day.


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Terms

-ach 6ember has a term of three years and shall

serve for not more than three consecutive terms.


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A,'ND& !" C&MELEC

$he SC summaried the rules in connection w! theconsecutiveness of terms and involuntary

interruptions in connection w! the application of the

rules on term limits for elective officers both under

the Constitution and pertinent laws.

9. hen permanent vacancy occurs the succeeded

official can run again for another term because his

succession to said position is by operation of law and

is considered as involuntary severance or interruption.


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3. An elective official served for three consecutive terms and who did not

see& the elective position for what could be his fourth term, but later

won in a recall election, had an interruption in the continuity of the

official#s service. or, he had become in the interim, i.e., from the end

of the 7rdterm up to the recall election, a private citien

7. $he abolition of an elective local office due to the conversion of a

municipality to a city does not, by itself, wor& to interrupt the

incumbent official#s continuity of service

0. )reventive suspension is not a term(interrupting event as the electiveofficer#s continued stay and entitlement to the office remain

unaffected during the period of suspension, although he is barred

from eercising the functions of his office during his period.


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4. hen a candidate is proclaimed as winner but his term isinterrupted when he loses in an election protest and

ousted from office, thus disenabling him from servingwhat would otherwise be the unepired portion of histerm of office had the protest been dismissed. Aninterruption in for any length of time, provided the causeis voluntary, is sufficient to brea& the continuity ofservice


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Salaries $he salaries of Senators and members of the "ouse of

2epresentatives shall be determined by law. :o increase in said

compensation shall ta&e effect until after the epiration of the

full of term of all the 6embers of the Senate and the "ouse of

2epresentatives approving such increase. /Sec. 951

$he records and boo&s of accounts of the Congress shall be

preserved and be open to the public in accordance w! law, and

such boo&s shall be audited by the CoA w!c shall publish

annually an itemied list of amounts paid to and epenses

incurred for each member


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Parliamentar0 Imm$nities

'A Senator or 6ember of the "ouse of

2epresentatives shall, in all offenses punishable

by not more than si years imprisonment, be

privileged from arrest while the Congress is in

session. :o 6ember shall be questioned nor be

held liable in any other place for any speech or

debate in the Congress or in any committee

thereof.*


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T1o 2inds o% Imm$nities

1) Immunity rom !rrest

2efers to the freedom of Senators and 6embers of the"ouse of 2epresentative from arrest while the Congressis in session, whether regular or special, from the timeit convenes until its final ad8ournment. $he offense,however, of which the arrest is made must not be

punishable for more than si years of imprisonment. "OR EX!#PLE$ if Senator )edro is charged for the

crime of simple theft while the Congress is still insession, he cannot be arrested because simple theft isnot punishable for more than si years ofimprisonment. Eut if he is charged for rape, he may bearrested even though the Congress is in session becauserape is punishable by more than si yearsimprisonment.


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%) Privile&e o 'peec an De*ate

F $wo requirements to avail the privilege of speechand debate by a 6ember of the Congress

F $he remar&s must be made while the legislature or

the legislative committee is functioning or in

session

F $hey must be made in connection with the

discharged of official duties


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&sme3a !" Pendat$n %n this case, the )resident of the )hilippines

himself who had been vilified by the petitionercould not file any civil or criminal action againsthim because of this immunity.

?smeGa was found guilty of distorderly behaviorand suspending him in the eercise of theirdisciplinary power

Sec 93. All 6embers of the Senate and the "ouse

of 2epresentatives, shall, upon assumption ofoffice ma&e a full disclosure of their financialand business interest. $hey shall notify thehouse concerned of a potential outfit


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Incompati4le and (or4idden &%%ices

':o Senator or 6ember of the "ouse of 2epresentatives mayhold any other office or employment in the Hovernment, or any

subdivision, agency, or instrumentality thereof, including

government(owned or controlled corporations or theirsubsidiaries, during his term without forfeiting his seat.*

$his disqualification refers to the +incompati*le oice* which

is any other office in the government that if held by a member of

the Congress would result to the forfeiture of his seat in the

Congress. $he provision allows a member to hold an incompatible

office but the result is the automatic forfeiture of his seat.


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Termmeans the time during w!c the officer may claim

to hold the office as of right and fies the interval after

w!c the several incumbents shall succeed one another

Tenure represents the period during w!c the incumbent

actually holds the office

+"or*ien oices, or offices which have been

created or the emoluments of which were increased while

the legislator was a member of the Congress. $he

purpose of this disqualification is to prevent legislators to

create an office or to increase its emoluments for

personal gain.


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ADA5A !" PACANA

$he petitioner and the respondent were elected gov. and gov.

2espectively. Eoth subsequently ran for the Eatasang

)ambansa, but only the petitioner won. Adaa then qualified as

a member of the law ma&ing body whereupon )acana assumed

the governorship as statutory successor. Adaa challenged

)acana#s ta&eover contending that a legislator sould

concurrelntly serve as governor hence there was no vacancy in

the governorship that )acana could fill. $he court held that

Adaa automatically forfeited the governorship because he too&

his oath as a member of the Eatasang )ambansa.


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2inds o% Session $he Congress has regular sessions and special sessions.

$he Re&ular 'essions are conducted once a year

starting on the fourth 6onday of Iuly and continue as

long as the Congress deems it necessary but only untilthirty days before the net regular session.

'pecial 'essions are conducted anytime upon the

call of the )resident on sub8ects he wishes to consider.

$his can last for as long as the Congress wants.


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Araneta !" Din/lasan

SC distinguished Re&ular 'ession as 'thepower of the Congress is not circumscribed

ecept by limitations imposed by organic law*.

'pecial 'ession, on the other hand, is a

'legislation or only such sub8ects as the

)resident may designate*


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&%%icers $he Senate shall elect its )residents and the "ouse of

2epresentatives its Spea&er, by a ma8ority vote of all itsrespective 6embers

-ach house shall choose such other officers as it maydeem necessary

?fficers do not have fied term and may be replacedanytime at the pleasure of a ma8ority of all themembers of their respective chambers.

?ther officers usually chosen are the Senate )resident

pro tempore, the Spea&er pro tempore, the ma8orityand minority floor leaders, the chairmen of variousstanding and special committees and the secretary Jsgt(at(arms, the last two being non(members of thelegislature.


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Discipline o% Mem4ers -ach house may determine the rules of its

proceedings, punish its members for disorderly

behavior, and with the concurrence of 3!7 of all its

members, suspend or epel a member. A penalty of

suspension, when imposed shall not eceed


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6o$rnals

Iournal are records of what is done and past in alegislative assembly

$hey are useful not only for authenticating theproceedings but also for the interpretation of

laws through a study of the debates held thereonand for informing the people of the officialconduct of their respective legislators

$he Constitution requires that the 8ournals be

published from time to time ecepting such partsas may affect the national security, w!c oughtnot to be divulged to the public in general.


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'"S !" Pons $he SC refused to go beyond recitals in the legislative

8ournals, w!c it held to be conclusive on the courts. '$oinquire into the veracity of the 8ournals of the )hilippine@egislature,* it ruled, 'when they are, as we have said, clearand eplicit, would be to violate both the letter and spirit ofthe organic laws by which the )hilippine Hovernment wasbrought into eistence, to invade a coordinate andindependent department of the Hov., and to interfere w!the legitimate powers and functions of the @egislature.

Eut ecept only where the matters are required to be

entered in the 8ournals, li&e the yeas and nays on the finalreading of a bill or on any question at the request of 9!4 ofthe members present,, the contents of the enrolled billshall prevail over those of the 8ournal in case of conflict*


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Astor/a !" Ville/as

$he petitioner argued that, assuming there was a conflictbetween the recitals in the 8ournals and the version of themeasure as embodied in the enrolled bill, the conflictshould be resolved in the favor of the enrolled bill."owever, the SC did not sustain this contention, holding

that it had authority in this case to verify the real contentof the approved bill as reported in the 8ournal. $he reasonwas that there was actually no enrolled bill to spea& of inview of the withdrawal of the signatures of the )res. of

the )hil. J the Senate )res. $he 8ournal is only a resume or the minutes of what

transpired during a legislative session. $he record is theword(for(word transcript of the proceedings ta&en duringthe session


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Ad7o$rnment

:either "ouse during the sessions of theCongress shaa, w!o the consent of the other,

ad8ourn for more than 7 days, nor to any other

place than that in w!c the two houses shall be

sitting


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Electoral Tri4$nals

$he sole 8udge of all contests relating to the election,returns, and qualifications of their respective members

Composed of B members /7 8ustices of the SC to be

designated by the Chief Iustice, < members from the

Senate or "ouse of 2epresentatives chosen on the

basis of proportional representation from political

parties and party(list organiations1

Senior Iustice in the -lectoral $ribunal shall be its

Chairman


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S$anes !s" Dis4$rsin/ &%%icer o% the Senate

$he SC bolstered the indepence of -lectoral $ribunal by hoding that 'the

employees of the -lectoral $ribunals are its own, and not of the Senate nor

the "ouse of 2epresentatives nor any other entity, and it stands to reason

that the appointment, the supervision and control over the said employee

are wholly w!in the $ribunal itself*

$he decision of the $ribunal are not appealable to the SC EXCEPTin cases

where there is a clear showing of a grave abuse of discretion

Any accusation of grave abuse of discretion on the part of the "2-$ must be

established by a clear showing of arbitrariness and improvidence. $he

circumstance that none of the 7 SC Iustices too& part in its Decision cannot

be ta&en as proof of grave abuse of discretion


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Commission on Appointments was created to chec& the appointing power of the )resident,

specifically in appointments to importance offices in the government

%t consists of 34 members

F the Senate )resident, as e officio Chairman

F 93 Senators

F 93 6embers of the "ouse of 2epresentatives

$he Senators and 6embers of the "ouse are elected by their

respective "ouses based on proportional representation from the

political parties and party(list organiations /duly registered under

the party(list system1 in the Congress.


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=:C$%?: of the Commission is to approve or isapprove the

nominations submitted to it by the )resident to appointments that require its

approval.

$he chairman of the Commission shall not vote, ecept in case of tie

$he Commission shall act on all appointments submitted to it w!in 75 session

days of the Congress from their submission.

! Interim appointments not acted upon at the time of the ad8ournment

of the Congress, even if the 75 day period has not yet epired, are demed by(

passed under Art. %%, Sec 9

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Chapter 8 the Legislative Department

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