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PPGC Midterms Exam
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THE LEGISLATIVE DEPARTMENT (Article 6) - Answer ---
"The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum." - Answer Article 6 Section 1
is the power or competence of the legislature to enact, ordain, alter, or modify, repeal, or abrogate existing laws. - Answer Legislative power
2 kinds of legislative power. - Answer >original power
derivative power
is possessed by the sovereign power. - Answer original legislative power
is that which has been delegated by the sovereign people to legislative bodies and is subordinate to the original power of the people. - Answer derivative legislative power
2 kinds of limits on legislative power - Answer >substantive limits
procedural limits
curtail the contents of a law. For example, no law may be passed which impairs freedom of speech. - Answer substantive limits
curtail the manner of passing laws. For example, a bill must generally be approved by the President before it becomes a law. - Answer procedural limits
The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. - Answer Article 6, Section 2
is traditionally the Upper House of the Congress.
composed of twenty-four (24) senators elected at large by the people. - Answer The Senate
QUALIFICATIONS, ELECTION, TERM, TENURE AND REMOVAL OF SENATORS AND CONGRESSMEN - Answer ---
"No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years
immediately preceding the day of the election." - Answer Article 6, Section 3
He must be a natural born citizen of the Philippines.
He must be at least thirty-five years of age on the day of the election.
He must be able to read and write.
He must be registered voter in the district in which he shall be elected.
He must be a resident of the Philippines for not less than two years immediately preceding the election. - Answer Qualifications of the Members of Senate:
"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. - Answer Article 6, Section 4
a Senator is disqualified to serve for more than ... consecutive terms. - Answer two (2)
True or False
At any rate, a Senator [can no longer] run for reelection after a break or interval. There is no limit as to the number of years one can serve as Senator. - Answer false, can still run
The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.
The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, wo - Answer Article 6, Section 5
It is the lower chamber of the Congress of the Philippines.
composed of not more than 250 members popularly known as "Congressmen." They are elected from legislative or congressional districts and through a party-list system. -
"In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term." - Answer Section 9, Article 6
Kinds of election for members of Congress: - Answer >regular election
special election
it shall be held on the second Monday of May. Congress may, by law, provide otherwise. (Sec. 8.) If the election is held beyond the term of office, the members of Congress cannot hold over. The purpose of a regular election is to give the people an opportunity to renew or withhold their mandate on elected officials - Answer regular election
it may be called in case a vacancy arises in the Senate or House of Representatives to fill such vacancy in the manner prescribed by law. The Senate or Representative elected shall serve only for the unexpired term. (Sec. 9.) The authority to call a special election may be given by law to the Commission on Elections. The holding of a special election is not mandatory by the Constitution. - Answer special election
"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." - Answer Section 11, Article 6
(1) When the Congress is in session, whether regular or special and whether or not the legislator is actually attending a session. If the Congress is not in session, this privilege cannot be invoked. 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;
(2) When the member of Congress is actually attending a session or he is going to or returning from the same;
(3) When the offense charged is punishable by not more than six months, even if the member attends the session, the privilege from arrest cannot be availed of. Members of the Congress cannot be immunized from arrest in case of serious offense. - Answer Freedom from arrest of members of Congress.
"No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or any committee thereof." - Answer Meaning of parliamentary privileged of speech.
In the first place, the privilege is a protection only against forums other than the Congress itself. It does not protect the assemblyman against the disciplinary authority of the Congress but it is an absolute protection against suits for libel.
In the second place, "speech or debate" includes utterances made in the performance
of official functions, such as speeches delivered, statements made, votes cast, as well as bills introduced and other acts done in the performance of official duties. - Answer Scope of the Privilege
Article 6 Legislative Department (Part 2) - Answer ---
To act as a canvassing body for the Presidential and Vice-Presidential elections and proclaim the persons duly elected.
To concur to amnesty granted by the President
The Senate shall concur to treaties or international agreements entered into by the President.
The Senate shall concur to treaties or international agreements entered into by the President.
The House of Representatives shall initiate the impeachment process.
The Senate shall try and decide all impeachment cases. - Answer OTHER POWERS AND FUNCTIONS OF CONGRESS.
THE POWERS OF THE CONGRESS OF THE PHILIPPINES - Answer ---
consists of the enactment of laws intended as a rule of conduct to govern the relation between individuals (i.e., civil laws, commercial laws, etc.) or between individuals and the state (i.e., criminal law, political law, etc.) - Answer general legislative powers
These are powers essential to the effective exercise of other powers expressly granted to the assembly. - Answer Implied Powers
These are the powers which though not expressly given are nevertheless exercised by the Congress as they are necessary for its existence, such as:
to determine the rules of proceedings;
to compel attendance of absent members to obtain quorum to do business;
to keep journal of its proceedings; etc. - Answer Inherent Powers
These are powers which the Constitution expressly and specifically directs to perform or execute.Powers enjoyed by the Congress classifiable under this category are:
Power to appropriate;
Power to act as constituent assembly; (The Senate and the House of Representatives must convene and vote on joint or separate session to do this.
Power to impeach; (to initiate all cases of impeachment is the power of the House of Representatives;
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." - Answer Section 17, Article 6
The sole judge of all contests relating to the election, returns, and qualifications of the members of Congress. - When there is an election contest, that is, when a defeated candidate challenges the qualification and claims the seat of a proclaimed winner, the respective Electoral Tribunal of each House is the sole judge, and neither the Supreme Court nor each House of Congress nor the Commission on Elections can interfere. In the absence of an election contest, however, the Electoral Tribunals are without jurisdiction. Thus, the power of each House to defer the oath-taking of members until final determination of election contests filed against them has been retained by each House. - Answer Function of the Electoral Tribunal
It is composed of nine (9) members - three (3) Justices of the Supreme Court designated by the Chief Justice and six (6) members of the Senate or the House of Representatives, as the case may 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. - Answer Electoral Tribunal
The Electoral Tribunal shall be constituted within ... after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. - Answer 30 days
"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." - Answer SECTION 18, Article 6
It is composed of the Senate President as ex officio chairman, twelve Senators and twelve Members of the House of Representatives elected by each House according to proportional representation of the parties or organizations registered under the party-list system represented therein. The total composition will thus be twenty-five, but the Chairman votes only to break a tie. - Answer Commission on Appointments
... acts as a legislative check on the appointing authority of the President. For the effectivity of the appointment of certain key officials enumerated in the Constitution, the consent of the Commission on Appointments is needed. - Answer Commission on Appointments
is to approve or disapprove appointments submitted to it by the President. It must act on all such appointments, by a majority vote of all the members, within 30 session days of Congress from their submission. - Answer Commission on Appointments
"The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it." - Answer SECTION 19 Article 6
(1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. - Answer SECTION 26 Article 6
is a draft of the legislative before it becomes a law. It is a proposed law. No bill may be embraced in more than one subject to be expressed in the title. The subject referred to here is the main subject. As long as the bill contains only one main subject, the constitutional requirement is met even if the bill covers supplementary details. It is a draft of a law submitted to the consideration of a legislative body for its adoption. (Bouvier's Law Dictionary.) - Answer bill
Steps in the passage of a bill. - Answer ---
The principal author of the bill may propose the inclusion of additional authors thereof. The bill is read by its number and title and the name/names of the author or authors. - Answer First Reading
Differences, if any, between the House's bill and the Senate's amended version, and vice versa are submitted to a conference committee of members of both Houses for compromise or to reconcile conflicting provisions. If either House accepts the changes made by the other, no compromise is necessary. - Answer Submission to joint bicameral committee
A bill approved on Third Reading by both Houses shall be printed and forthwith transmitted to the ... for his action - approval or disapproval that is, he either signs it into law or vetoes and sends it back with his veto message. If the ... does not communicate his veto of any bill to the House where it originated within 30 days from receipt thereof, it shall become a law as if he signed it. Bills repassed by Congress over the veto of the ... automatically becomes a law. - Answer Submission to the President
(1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receip - Answer Section 27, Article 6
A bill passed by Congress may become a law in any of the following ways:
- When the President approves the bill by signing it;
- When he vetoes the bill and returns the same with his objections to the House where it originated, and the same is repassed over his veto by a vote of two-thirds of all the members (not merely two-thirds of all the members present constituting a quorum) of both Houses; and
- If the President does not communicate his veto of any bill to the House where it originated within thirty (30) days after the date of receipt thereof, in which case it shall become a law as if he had signed it. - Answer When bill may become a law.
is the Latin term for "I forbid" or "deny." It is the power vested in the President to disapprove acts passed by Congress. The .... message to the House where the bill originated explains his objections to the bill. - Answer veto
- To enable the executive department to protect its integrity as an equal branch of the government and thus maintain an equilibrium of governmental powers; and
- To provide a check on hasty, corrupt, or ill-considered legislation. - Answer Purpose of veto.
(1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government. - Answer SECTION 29 Article 6
... for the maintenance of the government and other public needs is a vital government function which is vested in Congress. Section 29 [1] is based upon the principle that the people's money be spent only with their consent. That the consent may be expressed either in the Constitution itself or in valid acts of Congress as the direct representatives of the people. It acts as a legislative check upon the disbursing power of the President, or the heads of departments and other executive officials. - Answer power to appropriate public funds
... is the setting part or assigning to a particular use a certain sum of the public funds. The provision of the Constitution does not speak of an "appropriation made by Congress" but rather "by law," a term which vouches both statutes and the Constitution. In case of failure on the part of the Congress to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriation bill is passed by Congress. (Section 25[7].) Such general appropriations for the preceding year fall under "an appropriation made by law." - Answer
"No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election." - Answer Article 7, Section 2
natural-born citizen of the Philippines
He is a registered voter
He is able to read and write
He is at least forty (40) years of age on the day of the election (not proclamation or assumption of office)
He is a resident of the Philippines for at least ten (10) years immediately preceding such election - Answer QUALIFICATIONS OF THE PRESIDENT AND VICE PRESIDENT
"There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and in the same manner, as the President. He may be removed from office in the same manner as the President" - Answer Article 7, Section 3
"The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time." - Answer Article 7, Section 4
the Constitution retains the system of direct popular election of the President despite criticism for abetting massive vote-buying and other undesirable practices - Answer System of direct voting
in case of a tie, however, the President shall be chosen for the term fixed in the Constitution by a vote of a majority of all the members of Congress in session assembled
- Answer Election by Congress in case of a tie
A person who has held office of President is absolutely disqualified for any reelection. (Art. II, Sec. 26).
In the case of the Vice-President, he cannot serve for more than two (2) successive terms (Sec. 4, par. 2.)but he is still eligible for election as President. - Answer Reelection of president and vice president
A President seeking a second term is vulnerable to constant political pressures from those whose support he must preserve and has to devote his time and energy to consolidate this political support. In the context of Philippine experience, every President elected to the Office has used the first term to work for re-election
A President who seeks a second term is under a terrific handicap in the performance of his functions. The result has been that political motivation is attributed to practically every act he performs; moreover, the danger of alienating much needed votes may be an obstacle to the proper and impartial performance of his duties
A President seeking re-election will even use public funds for the purpose even to the extent of making the government bankrupt because no incumbent President would like to go down from power as a leader repudiated by his people
The prohibition also widens the base - Answer reasons for the prohibition against re-election of president
The ban will also put an end or at least hamper the establishment of political dynasties
The six-year term will give the President a reasonable time within which to implement his plans and programsof government. He can concentrate on being President free from the demands of partisan politics
The criticism against a six-year term without re-election that six (6) years are too long for a bad President but too short for a good one and that the people will suffer most from a lame duck. (Art. XI, Sec. 2.) A term, no matter how long, is short for a good President. - Answer reasons for the prohibition against re-election of president
is a mode of terminating official relation, the main object of which is to serve as an effective restraint which the legislature may interpose in the abuse of the executive and judicial authorities. It is a method of national inquest into the conduct of public men. - Answer impeachment
is to protect the people from official delinquencies or malfeasances. It is, therefore,
committed by any public officer who shall accept such gift inconsideration of the non-performance of an official duty or the execution of an act which does not constitute a crime (Article 210, Revised Penal Code) - Answer Direct Bribery
he offense committed by any public officer who shall accept gifts offered to him by reason of his office (Article 211, Revised Penal Code) - Answer Indirect Bribery
the phrase cover all graft and corrupt practices. It was not included as ground for impeachment under the 1935 Constitution. Its inclusion may be attributed to the awareness of the 1971 Constitutional Convention of the widespread graft and corruption in the government at the time - Answer Graft and Corruption
the phrase refers to those crimes which, like treason and bribery, are of so serious andenormous a nature as to affect the very life or orderly workings of the government. For impeachmentpurpose, "no act may be regarded as a high crime" unless there is a law forbidding and publishing it. - Answer other high crimes
this is a new ground for impeachment. It will cover any violation of the oath ofoffice involving loss of popular support even if the violation may not amount to criminal offense. Its inclusion is more of a reaction to past experience than an exercise in logic - Answer betrayal of public trust
"The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed." - Answer Article 7, Section 17
The President of the Philippines has the power to give executive issuances, which are means to streamline the policy and programs of an administration. - Answer Ordinance power
Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders - Answer Executive Orders
Acts of the President which relate to particular aspects of governmental operations in
pursuance of his duties as the administrative head shall be promulgated in administrative orders. - Answer Administrative orders
Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend,shall be promulgated in proclamations which shall have the force of an executive order - Answer Proclamations
Acts of the President on matters of administrative detail, or of subordinate or temporary interest which only concern a particular officer or government office shall be embodied in memorandum orders - Answer Memorandum orders
Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices of the government, for information or compliance, shall be embodied in memorandum circulars. - Answer Memorandum Circulars
Acts and commands of the President in his capacity as commander-in-chief of the Armed Forces of the Philippines shall be issued as general or special orders. - Answer General or special orders
a. The chief executive may have an alien in the Philippines deported from the country after due process.
b. The President may change the status of a foreigner, as prescribed by law, from a non-immigrant status to a permanent resident status without necessity of visa.
c. The President may choose to overrule the Board of Commissioners of the Bureau of Immigration before their decision becomes final and executory (after 30 days of the issuance of the decision).The Board of Commissioners of the Bureau of Immigration has jurisdiction over all deportation cases.
d. The president is also mandated by the Administrative Code of 1987 to exercise powers as recognized by the generally accepted principles of international law. -
nominees or transferees. Within the period fixed in, or any extension thereof authorized by, the constitution, the President shall have the authority to recover ill-gotten properties amassed by the leaders and supporters of the previous regime, and protect the interest of the people through orders of sequestration or freezing of assets or accounts. - Answer Power over ill-gotten wealth
The President may appoint officials of the Philippine government as provided by the constitution and laws of thePhilippines. Some of these appointments, however, may need the approval of the Committee on Appointments(a committee composed of members from the House of Representatives and the Senate of the Philippines). - Answer Power of appointment
The President of the Philippines, as chief executive, has the mandate to supervise local governments in the Philippines, despite their autonomous status as provided by Republic Act No. 7160 otherwise known as the Local Government Code of 1991. - Answer Power of general supervision over local governments
Powers Under the Constitution. - The President shall exercise such other powers as are provided for in the Constitution. - Answer Article 7, Section 19
Residual Powers. - Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above, or which are not delegated by the President in accordance with law. - Answer Article 7, Section 20
"The President shall be the Commander-in-Chief of all armed forces of the Philippinesand whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law..." - Answer Article 7, Section 18
a. to call out such armed forces to prevent or suppress lawless violence, invasion, or rebellion,
b. to suspend the privilege of the writ of habeas corpus, and
c. to place the Philippines or any part thereof under martial law. - Answer Military Powers given to the President by the Constitution
"Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment." - Answer Article 7, Section 19
a. Reprieve
b. Commutation
c. Pardon
d. Remission of Fines and Forfeitures
e. Amnesty - Answer Forms of executive clemency
postpones the execution of an offense to a day certain - Answer Reprieve
is a remission of a part of the punishment; a substitution of a less penalty for the one originally imposed - Answer Commutation
is an act of grace, proceeding from the power entrusted with the execution of the laws,which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed, - Answer Pardon
a) Absolute pardon is complete even without acceptance
b) Conditional pardon has no force until accepted by the condemned - Answer Types of Pardon
merely prevents the collection of fines or the confiscation of forfeited property - Answer Remission of Fines and Forfeitures
