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POLITICAL SCIENCE 2

NAME: Carmela Malinao SUBJECT AND CLASS SCHEDULE: Political Science 2 TITLE: Legislative Department NAME OF PROFESSOR: Delia Maglaqui

1. What is Legislative power? It is the authority to make laws and alter or repeal them. Legislative power is plenary in nature hence it can and may cover all subjects subject only to Constitutional limitations. Since it is plenary in nature, Congress may not enact irrepealable laws.

2. What are the qualification of the senators and the members of house of representative? The Senate Qualifications for senators: Must be a natural born citizen Must be at least 35 years old on the day of the election Must be able to read and write Must be a registered voter Must be a resident of the Philippines for not less that two years immediately preceding the day of the election

Qualifications under Section 3 of Article VI may not be added nor subtracted from by the Congress On the day of the election means the day on which the voted are cast

Sec. 4 of Article VI Sec. 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

No Senator shall serve for more than two consecutive terms. Voluntary 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 of which he was elected.

House of Representatives Qualifications Natural born Filipino citizen At least 25 years of age on the day of the election Must be able to read and write Except for party-list representatives, must be a registered voter in the district where he shall be elected and a resident thereof for not less than one year immediately preceding the day of the election

Term of Office Three years commencing at noon on the 30th day of June next following their election; Shall not serve for more than three consecutive terms.

3. What are the guidelines to be followed by comelec in determining seats for the house of representative. In the case of Macias vs COMELEC, 3 SCRA 1, the apportionment of legislative districts was held to be a justiciable question Apportionment shall be made in accordance with the number of respective inhabitants on the basis of a uniform and progressive ratio. Each city with not less than 250,000 inhabitants shall be entitled to at least one representative; and Each province, irrespective of number of inhabitants, is entitled to at least one representative. Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory to prevent gerrymandering. Gerrymandering is the formation of one legislative district out of separate territories for the purpose of favoring a candidate or party The Constitution does not preclude Congress from increasing the membership by passing a law other than a general apportionment law. In Tobias vs Abalos, the SC held that reapportionment may be made through a special law.

4. What are the immunities enjoying by the members of congess? SALARIES Salaries of Members are determined by law Limitation is that no increase shall take effect until after the expiration of the full term of all the members of the Senate and the House of Representatives approving such increase After Congress passed a law increasing the salary of its members, special elections are held to fill a vacancy in three congressional districts. Will the newly elected members receive the increased salary? No, because they would be serving within the term of the members who approved the increase.

What is the reason for the delayed effect of the increased salary? Its purpose is to place a legal bar to the legislators yielding to the natural temptation to increase their salaries.

May a member of Congress receive office and necessary travel allowances? Yes. Such allowances do not form part of salary or compensation and these take effect immediately.

PRIVILEGES Freedom from arrest While Congress is in session, for offenses punishable by not more than six years imprisonment Reinforced by Art. 145 of the Revised Penal Code on Violation of Parliamentary Immunity

In People vs. Jalosjos, Feb. 3, 2000, the SC held that Congressman Jalosjos cannot invoke immunity from arrest in order that he may attend congressional sessions despite the fact of conviction of a non-bailable offense.

Immunity from Arrest The denial was premised on the following: Membership in Congress does not exempt an accused from statutes and rules which apply to validly incarcerated persons

It would lead to the creation of a privileged class without justification in reason, it notwithstanding their liability for a criminal offense, they would be considered immune from arrest

When is the privilege available It is available while Congress is in Session, whether regular or special and whether or not the legislator is actually attending session. The privilege is not available while Congress is in recess.

Privilege of Speech and debate Congressmen shall not be questioned nor held liable in any other place for any speech or debate in Congress or in any committee thereof

Privilege of Speech and Debate Scope of the privilege Is a protection only against forums other than the Congress itself. It does not protect Congressmen against the disciplinary authority of the Congress itself Affords an absolute protection against suits for libel Includes utterances made in the performance of official functions such as speeches delivered and other acts done in the performance of official duties

5. What are the disqualification of the members of the congress?

Disqualifications Incompatible Office May not hold any other office or employment in the Government during his term without forfeiting his seat Forbidden Office Shall not be appointed to any office which may have been created or the emoluments thereof increase during the term for which he was elected

Other Inhibitions Shall not appear personally as counsel before any court of justice or before Electoral Tribunals, or quasi-judicial or administrative bodies Shall not directly or indirectly be financially interest in any contract with, franchise or special privilege granted by the Government Shall not intervene in any matter before any office in Government for his pecuniary benefit or where he may be called upon to act on account of his office.

6. What is Quorum? How o determine the existence of quorum? QUORUM A majority of each House, but a smaller number may adjourn from day to day and may compel attendance of absent Member in such manner and under such penalties as such House may determine In the case of Avelino vs Cuenco, 83 PHIL 17, the Supreme Court held that the basis in determining the existence of quorum in the Senate shall be the total number of Senators who are in the country and within the coercive jurisdiction of the Senate. In the case of Arroyo vs De Venecia, June 26, 1998, the SC declared that the question of quorum cannot be raised repeatedly, especially when a quorum is obviously present, for the purpose of delaying the business of the House.

7. What are the matters to be entered in the legislative journal?

LEGISLATIVE JOURNAL Yeas and nays on third and final reading of a bill Veto message of the President Yeas and nays on the repassing of a bill vetoed by the president and Yeas and nays on any question at the request of 1/5 of the members present.

8. What is a bill? What are the steps in the passage of a bill?

ENROLLED BILL THEORY an enrolled bill is one duly introduced and finally passed by both Houses, authenticated by the proper officers of each and approved by the President The enrolled bill is conclusive upon the courts as to the tenor of the measure passed by Congress and approved by the President The courts are bound under the doctrine of separation of powers by the contents of a duly authenticated measure of the legislature; If there was a mistake in the printing of the bill before it was certified by Congress and approved by the President, the remedy is amendment or corrective legislation, not a judicial decree (CASCO vs Gimenez, 7 SCRA 347)

9. How a bill become a law?

Enrolled bill prevails, except as to matters which, under the Constitution, must be entered in the Journal If the president officer should repudiate his signature in the enrolled bill will the enrolled bull still prevail over the Journal? The enrolled bill theory is based mainly on the respect due to a co-equal department. When such co-equal department itself repudiates the enrolled bill, then the Journal must be accepted as conclusive (Astorga vs Villegas, 56 SCRA 714)

10. What is the composition for the impeachment trial? What are the functions of the congress in the impeachment trial? - To make an accusation against. - To charge (a public official) with improper conduct in office before a proper tribunal. - The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.