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5.
Art. 6 Sect. 11. A Senator or Member of the House of Representatives shall, in all
offenses punishable by not more than six years imprisonment, be privileged from
arrest while the Congress is in session. No member shall be questioned nor be held
liable in any other place for any speech or debate in the Congress or in any
committee thereof.
6.
Strictly avoid conflict of interest in the conduct of their office during their
tenure.
May not appoint spouse or relatives by consanguinity or affinity within the
fourth civil degree as Member of Constitutional Commissions or the Office
of the Ombudsman, or as Secretaries, Under Secretaries, chairmen or
heads of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.
Why not available during recess. Since the purpose of the privilege is to
protect the legislator against harassment which will keep him away from legislative
sessions, there is no point in extending the privilege to the period when the
Congress is not in session.
Requirements for the privilege to be availed of:
1. That the remarks must be made while the legislature or the legislative
committee is functioning, that is in session
2. That they must be made in connection with the discharge of official duties.
3. To invoke the privilege of speech, the matter must be oral and must be
proven to be indeed privileged.
Purpose. It is intended to leave legislator unimpeded in the performance of his
duties and free form harassment outside. Privilege of speech and debate enables
the legislator to express views bearing upon the public interest without fear of
accountability outside the halls of the legislature for his inability to support his
statements with the usual evidence required in the court of justice. In other words,
he is given more leeway than the ordinary citizen in the ventilation of matters that
ought to be divulged for the public good
7. Presidential Immunities
Executive Immunity from suit
Rules on Immunity during tenure
1. The President is immune from suit during his tenure.
2. He may be filed impeachment complaint during his tenure. (Article XI)
3. The President may not be prevented from instituting suit (Soliven v.
Makasiar)
4. There is nothing in our laws that would prevent the President from waiving
the privilege. The President may shed the protection afforded by the
privilege. (Soliven v. Makasiar)
5. Heads of departments cannot invoke the presidents immunity (Gloria v.
CA)
Rules on Immunity after tenure
6. Once out of office, even before the end of the six year term, immunity for
non-official acts is lost. Such was the case of Joseph Estrada. It could not
be used to shield a non-sitting President from prosecution for alleged
criminal acts done while sitting in office.
8. 10 Constitutional safeguard to maintain independence of judiciary
1) The Supreme Court is a constitutional body. It cannot be abolished nor may
its membership or the manner of its meeting be changed by mere
legislation. (art 8 2)
2) The members of the Supreme Court may not be removed except by
impeachment. (art. 9 2)
3) The SC may not be deprived of its minimum original and appellate
jurisdiction as prescribed in Article X, Section 5. (art. 8 2)
4) The appellate jurisdiction of the Supreme Court may not be increased by
law without its advice or concurrence. (art. 6 30)
5) Appointees to the judiciary are now nominated by the Judicial and Bar
Council and no longer subject to confirmation by Commission on
Appointments. (art. 8 9)
6) The Supreme Court now has administrative supervision over all lower
courts and their personnel. (art. 8 6)
7) The Supreme Court has exclusive power to discipline judges of lower
courts. (art 8 11)
8) The members of the Supreme Court and all lower courts have security of
tenure, which cannot be undermined by a law reorganizing the judiciary.
(art. 8 11)
9) They shall not be designated to any agency performing quasi-judicial or
administrative functions. (art. 8 12)
10) The salaries of judges may not be reduced during their continuance in
office. (art. 8 10)
11) The judiciary shall enjoy fiscal autonomy (art 83)
12) The SC may alone initiate rules of court.
13) Only the Supreme Court may order the temporary detail of judges (art 8
5(3))
14) The Supreme Court can appoint all officials and employees of the judiciary.
(art. 8 5(6))
9. General and Specific qualifications to be a member of the judiciary as
provided for by the Constitution
Section 7. (1) No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty years of age, and must have
been for fifteen years or more a judge of a lower court or engaged in the practice
of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he is a citizen of the Philippines and
a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity,
probity, and independence.
10. Judicial Fiscal Autonomy
Fiscal autonomy means freedom from outside control. As envisioned in the
Constitution, fiscal autonomy enjoyed by the Judiciarycontemplates a guarantee
of full flexibility to allocate and utilize their resources with the wisdom and
dispatch that their needs, require.
Fiscal autonomy recognizes the power and authority to (a) levy, assess and collect
fees, (b) fix rates of compensation not exceeding the highest rates authorized by
law for compensation, and (c) pay plans of the government and allocate or
disburse such sums as may be provided by law or prescribed by them in the course
of the discharge of their functions.
The imposition of restrictions and constraints on the manner the [Supreme Court]
allocate and utilize the funds appropriated for their operations is anathema to
fiscal autonomy and violative of the express mandate of the Constitution and of
the independence and separation of powers.
DOUBLE COMPENSATION
No elective or appointive public officer or employee shall receive additional,
double, or indirect compensation, unless specifically authorized by law, nor
accept without the consent of the Congress, any present, emolument, office, or
title of any kind from any foreign government. Pensions or gratuities shall not be
considered as additional, double, or indirect compensation.
Double Compensation - Two sets of compensation for two different offices held
concurrently by one officer. In the instances when holding a second office is
allowed, when an officer accepts a second office, he can draw the salary attached
to the second office only when he is specifically authorized by law to receive
double compensation.
INITIATIVE VS REFERENDUM
Section 32. The Congress shall as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the people can
directly propose and enact laws or approve or reject any act or law or part thereof
passed by the Congress or local legislative body after the registration of a petition
therefor signed by at least ten per centum of the total number of registered voters,
of which every legislative district must be represented by at least three per centum
of the registered voters thereof.
Three systems of Initiative: