Section 15 Congress Regular session: 4th Monday of July (unless otherwise provided by law) Special session - sessions called by the President when Congress is in recess. Section 16 officers of the Congress: 1. Senate President 2. Speaker of the House of Representatives 3. Any other officers elected by each house. Section 17 Electoral Tribunal - the sole judge of all contests relating to the election, returns and qualifications of the members of each house of the Congress.
Section 15 Congress Regular session: 4th Monday of July (unless otherwise provided by law) Special session - sessions called by the President when Congress is in recess. Section 16 officers of the Congress: 1. Senate President 2. Speaker of the House of Representatives 3. Any other officers elected by each house. Section 17 Electoral Tribunal - the sole judge of all contests relating to the election, returns and qualifications of the members of each house of the Congress.
Section 15 Congress Regular session: 4th Monday of July (unless otherwise provided by law) Special session - sessions called by the President when Congress is in recess. Section 16 officers of the Congress: 1. Senate President 2. Speaker of the House of Representatives 3. Any other officers elected by each house. Section 17 Electoral Tribunal - the sole judge of all contests relating to the election, returns and qualifications of the members of each house of the Congress.
Regular session: 4th Monday of July (unless otherwise provided by law)
Special session: May be called anytime by the President
Note: There shall be no session thirty days before the next regular session (excluding Saturdays, Sundays and legal holidays.) The number of regular sessions shall depend on the discretion of the Congress.
Special session sessions called by the President when Congress is in recess
Section 16
Officers of the Congress: 1. Senate President 2. Speaker of the House of Representatives 3. Any other officers elected by each house
Note: Because of separation of powers, the court cannot intervene to the internal affairs of the legislature.
Disciplinary action not subject to judicial review; each House is the sole judge of what discretionary behavior is
Purpose of Journal 1. to insure publicity of proceedings 2. to provide proof of what actually transpired in the legislature Journal is conclusive upon the courts (upon seeing the signature of the Speaker of the House of Representatives and Senate President).
Section 17
Electoral Tribunal - the sole judge of all contests relating to the election, returns and qualifications of the members of each house of the Congress - composed of nine members each a. House of Representatives Electoral Tribunal (HRET) 3 members of the Supreme Court (appointed by the Chief Justice) 6 House of Representatives members
b. Senate Electoral Tribunal (SET) 3 members of the Supreme Court (appointed by the Chief Justice) 6 members of the Senate - members of each House are chosen based on their proportional representation
When does COMELECs jurisdiction end? (Transfer the jurisdiction to either HRET or SET) 1. when the winning candidate has been proclaimed 2. he has taken his oath3. he has assumed office as member of the Congress
Note: -Judicial power includes the determination whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. - All political parties are given proportional representation. - Electoral Tribunals are independent bodies. - The Supreme Court can only intervene with Electoral
Tribunals jurisdiction when: a. there is denial of due process of law b. there is an error or grave abuse of discretion
Section 18
Commission on Appointments (Composition) a. 1 Senate President (by virtue of his office) b. 12 House of Representatives members (by proportionalrepresentation) c. 12 Senate members
Commission on Appointments - shall act on the appointments filed or submitted with thirty session days of the Congress from their submissions- shall rule on by majority vote of all its members
Note: The Court ruled that a full complement of 12 was not mandatory.
Section 19
Electoral Tribunal and Commission on Appointments shall be created within thirty days after the Senate and House of Representatives shall have been organized.
Section 20 and 21
Legislative Investigation - the power of inquiry (a legislative body cannot legislate wisely or effectively in the absence of information) - the power of investigation also includes the power to punish a contumacious witness for contempt - limitations: a. must be in aid of legislation b. must be in accordance with the duly published rules of the Congress c. rights of the person appearing or directly affected by such inquiries shall be respected
Section 22
Question Hour purpose: to formalize the oversight function of the Congress Before the head of departments can appear in either house, the consent of the President is needed.
Section 23
Declare the existence of war - sole power of the Congress - each house shall vote (at least 2/3; voting separately)
In state of war or other national emergency: The Congress may authorize the President to carry out a declared national policy subject to limitations: 1. limited time only 2. subject to the restrictions made by the Congress
What kind of war is renounced? Offensive or Aggressive war.
Executive power- may make war even in the absence of a declaration of war(only when necessary)
Note: Emergency powers may be withdrawn by resolution of the Congress (no need for the Presidents approval) or shall cease upon the next adjournment.
Section 24
What are the bills that must originate solely from the House of Representatives? Money bills. a. appropriation bills b. revenue or tariff bills c. bills authorizing increase in public debts d. bills of local application e. private bills
What can the Senate do about the money bills? Concur or propose amendments.
Note: The Senate can completely overhaul such bills by :a. amendment of parts b. amendment by substitution
Section 25
General appropriations bills - appropriations may not be increased by the Congress - form, content and manner of preparation must be prescribed by law -no riders allowed
Special appropriation bills- shall specify the purpose for which it is intended - shall be supported by funds available
Who are authorized to augment any item in the general appropriations bill (transfer of funds) a. President b. Senate President c. Speaker of the House of Representatives d. Chief Justice of the Supreme Court e. Heads of Constitutional Commissions
Section 26
Requirements of Bills: 1. shall embrace one subject only expressed on the title 2. shall pass three readings on separate days 3. printed copies shall be distributed to the members (three days before its passage)
Section 27
How does a bill become a law? 1. when the President approves it 2. when the President takes no action on the bill submitted within thirty days (executive inaction) 3. if the President vetoes it and returns the bill (together with objections) to the house where it originated and 23 of such house votes to approve it
When does the Constitution require the voting of yeas and nays of the members of each House? a. upon the last and third readings of a bill b. at the request of 1/5 of the members present c. in re-passing a bill over the veto of the President
Conference Committee - resolves the conflict between the two houses of the Congress
Note: The following bills are the only ones where the President can exercise item -veto a. revenue bills b. appropriation bills c. tariff bills
General rule: The President cannot veto a part of the bill (its all or nothing) Exception: The bills mentioned above
Note: -Publication of laws is indispensable. Failure to do it is a denial of the due process of law because people will not be informed of what laws to obey. - A condition in an appropriation bill may not be vetoed without vetoing the item to which it is attached.
Item (in budgetary legislation)- means an indivisible sum of money dedicated to a stated purpose - NOT some general provision of law which happens to be put into an appropriation bill
Doctrine of Inappropriate Provision - a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item - the President may veto riders in an appropriation bill - intent of the doctrine: to prevent the legislature from forcing the President to veto an entire appropriation law thereby paralyzing the government
Executive Impoundment- refusal of the President to spend funds already allocated by Congress for a specific purpose
Section 28
Rule of Taxation - shall be uniform and equitable (tax must operate with the same force and effect in every place where the subject of it is to be found) - progressive system the rate increases as the tax base increases (more equitable distribution of wealth) - must not be oppressive
Power to tax - purpose: to raise revenue or to regulate - limitation: shall only be exercised for a public purpose
Note: - The power to tax may be delegated by the legislative to the executive .- The Congress (delegating authority) has the right to impose restrictions and limitations on the taxation power delegated to the President.
Institutions exempt from taxation: a. charitable institutions b. churches c. parsonages or convents appurtenant thereto d. mosques e. non-profit cemeteries f. all lands, buildings and improvements actually, directly and exclusively used for religious, charitable or education purposes
Note: No law granting any tax exemption shall be passed without the concurrence of a majority of all the members of the Congress.
Section 29
Congress- has the control of the expenditure of public funds- no money shall be paid out of the treasury except in pursuance of an appropriation made by law [Congress]
Note: Public money can be appropriated only for public purpose. It cannot be appropriated, applied, pair or employed for (director indirect) use, benefit or support of any: a. sect b. church c. denomination d. sectarian institution e. system of religion
Section 30
The Congress can increase the appellate jurisdiction of the Supreme Court only with the advice and concurrence of the Supreme Court itself.
Reason: to prevent the overburdening of the Supreme Court
Section 31
The Constitution prohibits the State from granting: a. title of royalty b. title of nobility
Section 32
The Congress shall provide: system of initiative and referendum - the Congress does not have the exclusive right to pass laws - the people can also legislate through initiative and referendum a. directly propose and enact laws b. approve or reject any law or a part of it
Registration of petition: - required- shall be signed by :a. at least 10% of the total number of registered voters b. every legislative district must be represented with at least 3%of the registered voters thereof
See: Republic Act 6735 The Initiative and Referendum Law ____________________________ Notes compiled by The Law Chic. Taken from The 1987Constitution of the Republic of the Philippines: A Commentary by Joaquin Bernas, S.J.
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