Quiz #2

Khim Joseph R. Naval JD 4-A September 21, 2022

What are the limits of legislative power? Explain.

Answer:

The legislative power has two limits. First is substantive limit which is a limit on the contents of a law.
For example, the legislature cannot pass a law that violates substantive rights such as equal protection.
Second is procedural limit which limits the manner of enacting the law. This means that no law shall be
passed that does not follow the procedure laid down by the Constitution.

Distinguish contingent legislation from subordinate legislation. Are they law-making? Why or why
not?

Answer:

Contingent legislation is the power granted by Congress to administrative agencies to “fill-up the details’
of an already complete law. While subordinate legislation is the rule-making power granted by Congress
to administrative agencies to fix the details in the execution and enforcement of a policy in the law.

They are not law-making because both does not entail the exercise of discretion as to what is the law is
all about but rather, they merely complete the details of the law.

What is initiative? What is referendum?

Answer:

Initiative is the power of the people to propose amendments to the Constitutions or to propose and
enact legislations through an election called for the purpose.

Referendum is the power of the electorate to approve or reject a legislation, either local or national,
through an election called for the purpose.

What is gerrymandering?

Answer:

It is the creation of a legislative district out of separate territories for the purpose of favoring a
candidate or a party.
Does the reordering of Caraga and Bicol regions and their compositions require legislation?

Answer:

No. The Constitution does not require legislation in the reordering of geographical regions. But if the
reordering involves increasing/decreasing the territories covered by a legislative district, legislation is
required.

Maguindanao’s splitting into two provinces require legislation. Yes or no? If yes, does it need
referendum? Who are entitled to vote in such referendum? If Maguindanao is split into two, will this
affect its “membership” in the BARMM (in case it is part thereof)?

Answer:

Yes. The law provides that a province may be created, divided, merged, abolished, or its boundary
substantially altered, only by an Act of Congress (Act).

Yes. The law provides that the approval by a majority of the votes cast in a plebiscite is required in order
for such Act to take effect.

The registered voters of the local government unit or units directly affected such Act are entitled to vote
in the referendum.

No. The two provinces created after Maguindanao was split into two provinces will remain part of the
BARMM because the Bangsamoro Organic Law provides that the members of the former ARMM shall
vote as one in the plebiscite. This means that even if majority of the voters of the new Maguindanao
vote against the Bangsamoro Organic Law as long as majority of the voters of the former ARMM vote in
favor of the said law.

State the parties who could participate in the party-list system. Explain the requirements for each.

Answer:

The following court participate in the party-list system:

(1) national parties or organizations;

(2) regional parties or organizations; and

(3) sectoral parties or organizations.

National parties or organizations and regional parties or organizations do not need to organize along
sectoral lines and do not need to represent any marginalized and underrepresented sector. Political
parties can participate in party-list elections provided they register under the party-list system and do
not field candidates in legislative district elections. Sectoral parties or organizations may either be
marginalized and underrepresented or lacking in well-defined political constituencies. It is enough that
their principal advocacy pertains to the special interest and concerns of their sector.
Butuan has a population of 300k. Is it automatically entitled to have one representative seat in
Congress? Explain.

Answer:

Yes. The Constitution provides that each city with a population of at least 250,000 is entitled to at least
one representative. In this case, since Butuan has more than the minimum number of populations
required, it is entitled to at least one district representative.

What is domicile? Explain the concept and its elements. What about residence. Differentiate them.

Answer:

Domicile is a place to which, whenever absent for business or for pleasure, one intends to return. The
elements are the fact of residing or physical presence in a fixed place and animus manendi, or the
intention of returning there permanently.

Residence is used to indicate a place of abode, whether permanent or temporary.

As to its difference, a person can only have one domicile at a given period of time while a person can
have multiple residence at a given period of time.

What is voluntary renunciation? Explain. When is it relevant?

Answer:

Voluntary renunciation happens when an elected official resigns from his position during his term. This is
relevant in computing the number of terms served by the said official. Under the constitution, voluntary
renunciation of office of an elected official at any length of time will not affect the continuity of office for
the term for which he was elected.

What are the parliamentary privileges and immunities? Explain each. If a senator commits a crime of
homicide, is he entitled to a privilege? Why or why not?

Answer:

Parliamentary privileges and immunities include the privilege from arrest for offenses punishable by not
more than six years of imprisonment and the parliamentary privilege of speech.

A senator who committed a crime of homicide is not entitle to the privilege from arrest because such
crime involves a punishment of imprisonment for more than six years.

What is the concept of legislative action? When does it apply?

Answer:

Legislative action is a process by which legislators participate in committee or congressional proceedings

in the consideration of proposed legislation or of other matters which the Constitution has placed within
the jurisdiction of the Congress. It is relevant in determining whether a speech of a member of the
Congress is covered by parliamentary immunity.

What are the congressional prohibitions?

Answer:

Congressional prohibitions are limitations imposed by the Constitution on the member of the Congress
to hold incompatible office and forbidden office.

X approached Senator Y because C has a problem with the dialysis of his parent. He needs money.
Senator Y called the DOH to render assistance. Is this unlawful intervention that is prohibited by the
Constitution? Why or why not?

Answer:

No. The Constitution prohibits the intervention of any member of the Congress in any matter before any
office of the government for his pecuniary benefit or where he may be called upon to act on account of
his office. In this case, the act of Senator Y of approaching the DOH is lawful because he has no
pecuniary benefit from it.

Differentiate journal from record? Which one prevails?

Answer:

Journal has evidentiary weight and is required to be published while record is not. In case of
discrepancy, journal shall prevail.

What is the enrolled bill doctrine and what is its rationale?

Answer:

It provides that the signing of a bill by the Speaker of the House and the President of the Senate and the
certification by the secretaries of both Houses of Congress that such bill was passed are conclusive of its
due enactment. It is based mainly on the respect due to a coequal department.

Do concurrent resolutions passed by both houses of Congress become law? Explain.

Answer:
No. Only bills passed by each House of Congress, signed by the President or lapsed into law because of
the inaction of the former, shall become a law. Resolutions not included.

When does SET/HRET lose jurisdiction over a case? What are the requirements?

Answer:

The SET/HRET lose jurisdiction over a case when the case was prematurely filed. Such instances are:
when the Member has not taken yet his oath, not yet proclaimed and has not started exercising the
powers of his office.

Who are required to undergo confirmation of appointments before the Commission on

Appointments? Does this include the Executive Secretary of the President?

Answer:

The heads of the executive departments, ambassadors, other public ministers and consuls, officers of
the armed forces from the rank of colonel or naval captain; and other officers whose appointments are
vested in the President under the 1987 Constitution.

The executive secretary is not subject to CA confirmation because he is not a head of a department.

Distinguish question hour from inquiries in aid of legislation.

Answer:

In question hour, the questions are only limited to matters pertaining to the Department while in
inquiries in aid of legislation the questions may cover anything relevant to the laws passed by the
Congress.

Do inquiries in aid of legislation have to result in the drafting of a legislation? Explain thoroughly.

Answer:

No. Inquiries in aid of legislation do not have to result in drafting a law. This may be conducted by the
Congress to check whether the law is implemented properly.

What is executive privilege? Who can invoke it? Can the Executive Secretary invoke it?

Answer:

It is the power of the President to withhold certain types information from the courts, the Congress, and
ultimately the public.
Distinguish war powers from martial law.

Answer:

War power is lodged in the Congress while the power to declare martial law is lodged with the president
subject to Congressional oversight.

What is commandeering?

Answer:

What is a rider? Distinguish this from an item veto.

Are intelligence funds allowed? Explain so.

What are savings? When are they allowed to be re-allocated or transferred?

What pieces of legislation need to come originally from the House?

Explain the rule on taxation as to law. In other words, what is a progressive system of taxation?

Can tax breaks be given to religious institutions? Isn’t that a violation of the separation of church and
state?