House
of
Representatives
Composition
Qualifications
Term of office
INCOMPATIBLE OFFICES
-is a post that a member cannot accept he waives or
forfeits his seat in Congress. If he waives or forfeits his
seat, he may accept the other post, since the
incompatibility arises only because of his simultaneous
membership in both.
Exempted from this provision is the holding of a second
office which is an extension of his legislative duties or is in
aid of his legislative position.
a.
b.
Senate
QUALIFICATIONS IN GENERAL:
1. They are continuing requirements, meaning that, they must be possessed during
the officers entire incumbency.
2. The qualifications prescribed by the Constitution are exclusive and the legislature
may not make additional qualifications.
3. Property qualifications are not allowed as no person may be denied a chance to be
elected to public office by reason of poverty
4. No religious test shall be required for the exercise of civil and political rights.
FORBIDDEN OFFICE
-is one to which a member cannot be appointed even if he
is willing to give up his seat in the congress. The effect of
his resignation from the congress is the loss of his seat
therein but his disqualification for the forbidden office
nevertheless remains. Such a member cannot resign in
anticipation of the passage of the law creating such office
or increasing its emolument as a way of circumventing the
prohibition.
Other prohibitions...
COMMISSION ON APPOINTMENTS
Session and procedures
ELECTORAL TRIBUNALS
The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices of the Supreme
Court to be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of Representatives, as
the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or
organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its
Chairman. (sec 17)
COMMISSION ON APPOINTMENTS
There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve Senators,
and twelve Members of the House of Representatives, elected by
each House on the basis of proportional representation from the
political parties and parties or organizations registered under the
party-list system represented therein. The chairman of the
Commission shall not vote, except in case of a tie. The Commission
shall act on all appointments submitted to it within thirty session
days of the Congress from their submission. The Commission shall
rule by a majority vote of all the Members. (sec 18)
1.
2.
3.
4.
5.
Heads of departments
ambassadors
,
public
ministers and consuls
Officers of the Armed Forces
of the Philippines from the
rank of colonel and naval
captain
Chairman and members of
constitutional commissions
Members of the judicial and
bar council
REGULAR APPOINTMENT
AD-INTERIM
APPOINTMENT
OR
RECESS
POWERS OF CONGRESS
General plenary powers- the legislative power
shall be vested in the Congress of the PH except
to the extent reserved to the people under Art vi,
sec 32 on initiative and referendum.
TITLE OF BILLS
APPROPRIATIONS
No money shall be paid out of the treasury
except in pursuance of an appropriation made by
law. (art vi, sec 29(1)
All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of
local application, and private bills, shall originate
exclusively in the house of representative, but
the senate may proposes or concur with
amendment. (art vi, sec 24)
An appropriation is the setting apart by law of a
certain sum from the public revenue for a
specified purpose.
A revenue bill raises funds for the government,
usually by imposing taxes or fees
SPECIAL APPROPRIATIONS
-a special appropriation bill is one that meets a
new need or is designed for a specific purpose.
The bill must specify the purpose for which it is
intended and shall be supported by funds
actually available or to be raised by a
corresponding revenue proposal. This is to
check the practice of legislators enacting laws
without funds actually available, just for the
purpose of showing off to their constituents.
DISCRETIONARY FUNDS (art vi, sec 25(6)
-these may only be disbursed for public
purposes to be supported by appropriate
vouchers, subject to guidelines as may be
provided by law. This is to check the pernicious
practice of unbridled use of government funds
mainly for personal purposes due to lack of the
necessary guidelines.
TAS LAWS (art vi, sec 28(1)
-uniformity in taxation means that all taxable
articles or kinds of property, of the same class,
shall be taxed at same rate. A tax is uniform
when it operates with the same force and effect
in every place where the subject of it is found. A
tax is equitable if it is fair and not harsh,
oppressive, or unduly burdensome on the
taxpayer. A progressive system of taxation
provides for an equitable distribution of the tax
burden according to benefits received and ability
to pay and the equitable sharing of the national
wealth and the flow of income.
DELEGATION OF TAX POWERS (art vi, sec
28(2)
-as the general rule, the power to tax, being an
essential aspect of sovereignty, is inherently
legislative and is therefore non-delegable. The
987 constitution, however, provides for TWO
EXCEPTIONS.
a. Matters affecting the economy
b. Delegation of taxing powers to local
legislatures in pursuance of the policy
on local autonomy, subject only to
limitations that may be imposed by
congress.
LEGISLATIVE PROCESS
-After a congressman or senator files a bill, it
goes through 3 readings in each house on
separate days.
-A bill can be passed jointly when congress is in
session, or separately.
-In the latter case, it can be passed
simultaneously as when both houses take up a
bill
-separately but at the same time.
-it may also be passed sequentially as when a
bill originated from one house and goes to the
other house, which can amend such bill.
- once the other house approves the bill with
amendments, this is called the other houses
version of the bill.
3 readings
Exceptions to the 3 readings must be made
on several days and printed copies of the bill
must be given 3 days before 3rd reading:
1. When the president certifies to the
necessity of the immediate enactment
of a bill to meet a public calamity or
emergency
2. When congress convenes to call
special election to elect the president
and vp
Bicameral conference committee- if there are
two versions on the same subject, a conference
committee is organized composed of equal
number of members from the the senate and
house to make recommendations to the
respective chambers on how to reconcile the two
versions of the bill. The respective members are
usually granted blanket authority to negotiate
and reconcile the bill. At the end of the process,
the committee comes up with a conference
committee report which is then submitted to the
respective chambers for approval.
LEGISLATIVE INVESTIGATIONS
-are conducted ostensibly in aid of legislation.
Congress cannot legislate wisely or effectively
without information concerning the conditions
which the legislation intends to affect or change;
and therefore, the requisite information must be
sourced from those who possess it. Oftentimes,
a mere request for information would be rejected
or would result in inaccurate or incomplete data.
The provision has become necessary to
guarantee the passage of better laws. The
provision has also been used in scrutinizing
executive acts and holding administrative
officers to strict accountability. LIMITATIONS:
1. The lawmaking body does not possess a
general power of inquiry into the private affairs of
its citizens.
2. The power is limited to matters into which the
body has jurisdiction to inquire.
3. The rights of persons appearing in or affected
by such inquiries shall be respected, notable
among which is the right against selfincrimination. However, a person refuses to
appear or answer questions relevant to a matter
of legislative interest may be cited in contempt.
4. A resolution of the HOR committing a person
to jail for contempt may be enforced only UNTIL
the final adjournment of the last session date of
congress. This is to enable the said body to
perform its constitutional function without
impediment or obstruction. On the other hand,
there is no limit as to time of the senates power
to punish for contempt as it is a continuing body
that does not cease to exist.
LEGISLATIVE
DEPARTMENT...
Under the constitution, a VACANCY IS FILLED BY THE 100TH DAY FROM THE TIME VACANCY OCCURS. The law so passed is exempted from the presidential certification as to necessity of immediate
enactment under art vi sec 26(2) and the certification by the national treasurer of the availability of funds or that the same shall be raised by a corresponding revenue proposal. APPROPRIATIONS FOR
THE SPECIAL ELECTION SHALL BE CHARGED AGAINST ANY CURRENT APPROPRIATIONS.
3. Decide the disability if the President because the Cabinet disputes his assertion the heis able to discharge his duties.
4. Legislative veto or extension of suspension of privilege of habeas corpus or declaration of martial law
5. Approval of presidential amnesties
6. Concur in treaties
7. Declaration of war and delegation of emergency powers
8. Power with regard to utilization of natural resources
9. Constituent power
10. The power of impeachment
Executive
Qualifications
Election
Term of office
Privileges
Prohibitions/Inhibitions
Department
President
vice
-president
REGULAR
President and VP shall be elected by direct
voted of the people for a term of 6 years
which shall begin on the noon of June 30
next following the day of election.
SPECIAL
If a vacancy occurs in the offices of the
President and VP more than 18 months
before the date of the next regular
presidential election, a special election to
elect the President and VP shall be called
by Congress.
SPECIAL ELECTION
If a vacancy occurs in the offices of the President and VP more
than 18 months before the date of the next regular presidential
election, a special election to elect the President and VP shall be
called by Congress.
A special election may not be called on the basis of a conditional
resignation by the incumbent President.
The Constitution is silent as to whether the person so elected in
the special election shall serve only for the unexpired portion of
the term, and whether the new President can run for re-election if
he has not served for more than four years. It is submitted that a
person who serves for less than four years can still run for reelection as the situation is similar to that contemplated under art
vii, sec 4.
Canvassing of election returns. (art vii, sec 4)
Presidential Electoral Tribunal (art vii, sec 4(7))
-while election controversies involving members of Congress are
under the exclusive jurisdiction of their respective electoral
tribunals, those contests involving the President and Vice
President fall under the jurisdiction of the Supreme Court, sitting
en banc.
Oath of office. The oath taking marks the formal induction of the
President into office. There is authority to the view that the oath
adds no legal obligation nor additional powers to the President.
In case both the Senate President and the Speaker are unable
to act as the one who will act as President until a President or
shall have been either chosen or elected pursuant to the
special election referred to in Article VII sec 10 and shall have
qualified.
CONCOM
Composition
Qualifications
Jurisdiction
Constitutional Objective/Function
Civil Service
Commission
- A Chairman
Two
Commissioners.
Commission
on Elections
EN BANC
-Errors in tabulation of results
-Demanding the exercise of
administrative
power
of
COMELEC
-Violation of election laws
DIVISION
-Adjudicatory or quasi-judicial
functions
-All election cases, including preproclamation contests
-Petition to cancel a certificate of
candidacy
-Cases appealed from the RTC
have to be heard in Division
before in en banc
-Petition for certiorari filed with
Commission from a decision of
RTC
Commission
on Audit
-Chairman
-2
Commissioners
CONSTITUTIONAL COMMISSIONS
DECISIONS
A. GENERAL PROVISIONS
created-
may
not
be
Exempt
from
competitive
examination
requirement:
i) Policy determining- officer lays down principal
or fundamental guidelines or rules, formulates a
method of action for government or any of its
subdivisions (dept heads)
ii) Primarily confidential- denoting not only
confidence in the aptitude of the appointee for the
duties of the office but primarily close intimacy
which ensures freedom of intercourse without
embarrassment or freedom from misgivings or
betrayals on confidential matters of the state, or
one so declared by the President
iii) Highly technical- requires possession of
technical skill or training in a supreme or superior
degree
Positions:
(i) Open career- prior qualification in an
appropriate examination is required
(ii) Closed career- eg., scientific or highly
technical in nature
The Comelec has exclusive jurisdiction to
investigate and prosecute cases for violations of
election laws
Additional Notes:
Initiative- The power of the people to propose
amendments to the Constitution or to propose
and enact legislation through an election called
for that purpose.
Referendum- The power of the electorate to
approve or reject legislation through an election
called for that purpose.
Recall- The termination of official relationship of
a local elective official for loss of confidence prior
to the expiration of his term through the will of the
electorate
Plebiscite- The submission of constitutional
amendments or important legislative measures to
the people for ratification.
COMMISSION ON AUDIT
Powers and Duties (Sec 2, Art IX-D)
a. Examine, audit, settle and accounts pertaining
to the revenue and receipts of, and expenditures
or uses of funds and property owned or held in
trust or pertaining to, the Government
i)
On
post-audit
basis:
Constitutional
Commissions and bodies or offices granted fiscal
autonomy under the Constitution; autonomous
state
colleges
and
universities;
other
government-owned or controlled corporations
and their subsidiaries; and non-governmental
entities receiving subsidy or equity, directly or
indirectly, from or through the Government
ii) Temporary or special pre-audit: where the
internal control system of the audited agency is
inadequate
iii) The duty to pass in audit a salary voucher is
disapproved
- Its functions and authority are limited to
approving or reviewing appointments to
determine their compliance with requirements of
the Civil Service Law. On its own, the
Commission does not
causes.
But the Comelec is not authorized to make an
unofficial quick count of presidential election
results. The sole and exclusive authority of
Congress to canvass the votes for Pres and VP
Power to cite for contempt. The Comelec has
the statutory power to cite for contempt, but the
power may be exercised only while the Comelec
is engaged in the performance of quasi-judicial
functions
discretionary
- Commission on Audit may validly veto
appropriations
which
violate
rules
on
unnecessary,
irregular,
extravagant
or
unconscionable expenses
iv) The nature or purpose of the corporation is not
material in determining COAs audit jurisdiction.
Neither is the manner of creation of a corporation,
whether under a general or special law.