Legislative Department Reviewer
Legislative Department Reviewer
Legislative Department Reviewer
MARIACOS
Q: Who is a natural-born citizen? exclusio alterius. The express mention of one
A: He is a citizen of the Philippines from birth thing excludes all the others.
without having to perform any act to acquire or
perfect his/her Philippine citizenship. Q: What is the difference between domicile and
residence? A: For purposes of Political Law, the
Q: What does the 35 year age requirement mean? term “residence” is synonymous with “domicile”. It
A: He must be 35 years old when the polls are is the place where one habitually resides and to
opened and the votes are cast, and not on the day which, when he is absent, he has the intention of
of the proclamation. returning. It imparts not only intention to reside
Q: What is term of a Senator? in a fixed place but also personal presence in that
A: The term of a senator is for six (6) years, place adopted with conduct indicative of such
commencing at noon on the thirtieth (30th) day of intention.
June next following his/her election, provided,
that no senator shall serve for more than two (2) In the case of Romualdez-Marcos vs COMELEC, it
consecutive terms. was held that:
● Minor follows domicile of the parents.
Q: How are Senators elected? ● Wife does not automatically gain
A: They are elected at large. Senatorial candidates husband’s domicile.
submit themselves to a vote of the entire national ● Domicile of origin is lost only when there
electorate. is:
➔ Actual removal or change of
Q: May a person of dual citizenship run for domicile;
Senate? ➔ Bona fide intention of abandoning
A: Yes, because what the law disallows is dual the former residence and
allegiance, which is inimical to national interest. establishing a new one; and
When a person has dual citizenship, he is a citizen ➔ Acts which corresponds with the
of two different countries by virtue of two purpose.
different laws governing in said countries. For
example, X has Filipino parents and was born in Q: In the passage of a bill into law, what do you
the United States. By virtue of jus sanguinis mean by appropriate committee?
(citizenship by blood), he is a citizen of the A: It refers to a Senate or House of Representatives
Philippines. But since he was born in the United specific committee which is tasked to handle
States, he is also considered as a citizen there specific issues (e.g. Committee on Accountability,
because the United States follows jus soli Committee on National Defense and Security,
(citizenship by place of birth). It was never his Committee on Health, Senate Blue Ribbon
fault to be in that kind of situation. What the Committee)
Constitution abhors is a situation wherein, a
Filipino citizen has made an oath of allegiance Q: What is apportionment?
with a foreign country and has become a citizen of A: It is done by the Congress every three (3) years
such country, yet, maintains his or her Filipino following the return of every census in order to
citizenship. (See Edu Manzano Case) insure each legislative district is composed of the
required number of inhabitants mandated by the
Q: May the Congress provide additional Constitution. It shall be made in accordance with
qualifications? the number of respective inhabitants on the basis
A: No, because the list of qualifications provided in of a uniform and progressive ratio. The
the Constitution is exclusive. Expressio unius est Constitution provides that each city with a
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CONSTI 1; LEGISLATIVE DEPARTMENT (FINALS) | ATTY. MARIACOS
population of at least two hundred fifty thousand I. Filipino citizen
(250,000), or each province, shall have at least one II. Marginalized and underrepresented
(1) representative. III. Lack of well-defined constituencies.
IV. There must be proportional representation
**N.B.: If Congress enacts a statute creating for a
certain province, let us say, Province Y. Then, such Proportional representation here does not refer
province by virtue of the abovementioned to the number of people in a particular district,
provision is automatically entitled to one because the party-list election is national in scope.
representative. Neither does it allude to numerical strength in a
distressed or oppressed group. Rather, it refers to
Q: What is gerrymandering? the representation of the "marginalized and
A: It is the creation of representative districts out underrepresented" as exemplified by the
of separate portions of territory in order to favor a enumeration in Section 5 of the law; namely,
candidate. This is prohibited under the "labor, peasant, fisherfolk, urban poor, indigenous
Constitution because each legislative district shall cultural communities, elderly, handicapped,
comprise, as far as practicable, contiguous, women, youth, veterans, overseas workers, and
compact and adjacent territory. professionals
Q: What comprises the House of Representatives? Lack of well-defined constituencies refers to the
A: Sec. 5 (1), Art. VI provides that the House of absence of a traditionally identifiable electoral
Representatives (HOR) shall be composed of not group, like voters of a congressional district or
more than two hundred fifty (250) members, territorial unit of government. It points again to
unless otherwise expressly provided by law. The those with disparate interests identified with the
law referred to in this section is the "marginalized or underrepresented." (Ang Bagong
apportionment law above mentioned. The HOR is bayani v. COMELEC)
composed of district representatives, party-list
representatives and sectoral representatives. **Justice Leus: “I eexplain ko lang sa tagalog para
(Atty. Bugayong did not dwell so much on the hindi niyo na imememorize at mas maintindihan.
difference of party-list representatives from ➔ Proportional Representation- Ibig sabihin
sectoral representatives and how the number of niyo may representation ang mga under
seats allocated for them is computed. This is for represented, kung saan nationally, may
another subject, Election Law) mga members dun. Halimbawa mga
matatanda.
Q: What are the qualifications? ➔ Lack of well-defined constituencies – Ibig
A: The qualifications of a district representative sabihin nito dapat hindi nakaenclose sa
are as follows: iisang distrito lang. Kaya nga lack of
➔ Natural-born Filipino citizen; well-defined constituencies. Halimbawa,
➔ At the day of election, at least twenty-five mga matatanda, pasok sila kasi hindi lang
(25) years old; naman sa Las Pinas may matatanda.
➔ Able to read and write; Unlike kapag isa kang Congressman, ang
➔ Registered voter; and constitutents mo ay ang nasa iisang
➔ Resident of the legislative district that he distrito lang. Halimbawa nga ay sa Las
or she wishes to represent for not less than Pinas lang. Dapat hindi madefine ung
one (1) year immediately preceding the day constituencies mo at nagrerefer lang siya
of elections. depende sa kung anu ang nirerepresent
mo. Halimbawa, Party-list representative
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CONSTI 1; LEGISLATIVE DEPARTMENT (FINALS) | ATTY. MARIACOS
ng mga may kapansanan sa bicol. Hindi pecuniary benefit or where he may be called upon
pwede dahil may defined constituency, to act on account of his office. (Section 14, Article
mga nasa bicol.” VI)
Inhibition and Prohibitions **Exception: agent; firm
Q: Incompatible office Q: What are the legislative privileges?
A: It refers to any other office or employment in A: (1) Privilege from arrest; and (2) Privilege of
the government or any subdivision, agency, or speech and debate.
instrumentality thereof including
government-owned-or-controlled corporations Q: What is privilege from arrest?
(GOCCs) and their subsidiaries. Members of the A: (Sec. 11) A Senator or Member of the House of
Congress cannot hold an incompatible office. Representatives shall, in all offenses punishable by
more than six years imprisonment, be privileged
Q: Is the prohibition absolute? from arrest while the Congress is in session. No
A: No. What is prohibited by the law is the Member shall be questioned nor be held liable in
simultaneous holding of the abovementioned any other place for any speech or debate in the
office. Forfeiture of the seat in Congress Congress or in any committee thereof.
automatically occurs upon assumption of an
incompatible office. **Ratio: To ensure representation of the
constituents of the members of Congress by
**Purpose: To prevent owing loyalty to other preventing attempts to keep him from attending
offices. You cannot serve two masters at the same the session
time. Such immunity may be availed of when Congress
is in session, whether regular or special and
Q: What is a forbidden office? whether or not such legislator is actually attending
A: It is an office which has been created or the a session.
emoluments thereof increased during the term for
which a particular member of the Congress was Q: What is privilege of speech and debate?
elected. Said member of the Congress cannot A: Privilege of speech and debate- Ratio: To enable
assume such office EVEN AFTER finishing his a legislator to express views bearing upon the
term. The prohibition is absolute in case of public interest without fear of accountability
forbidden offices. outside the halls of the legislature for his inability
to support his statements with the usual evidence
**Purpose: To prevent trafficking in public office. required in the courts of justice.
These are offices that would ensure a senator to a
public office after the termination of his tenure. Requirements for the privilege of speech:
➔ The remarks must be made while
Q: What is the prohibition against personally the legislature or the legislative
appearing as a counsel? committee is functioning (in
A: (1) Not to personally appear as counsel before session);
any court; (2) not to be directly, or indirectly, ➔ They must be made in connection
interested financially in any contract with, or any with the discharge of official duties.
franchise or special privilege granted by the
Government; (3) not to intervene in any matter **Privilege of speech is not absolute since he may
before any office of the Government for his be called to account for his remarks by his
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CONSTI 1; LEGISLATIVE DEPARTMENT (FINALS) | ATTY. MARIACOS
colleagues in the Congress itself or punished for considered privileged is one which is made inside
“disorderly behaviour”. the halls of Congress.
**Justice Leus: Where does the power of Congress Q: When is there a regular session?
come from? Ibig sabihin paano nakuha yung A: A regular session convenes on the 4th Monday
power na yun. Section 11 Art. 6 No member shall of July until 30 days before the opening of the next
be questioned nor be held liable in any other place regular session.
for any speech or debate in the Congress or in any
committee thereof. Q: What is a special session?
A: A special session is one called by the President
**The phrase in any other place means that a while the legislature is in recess.
member of the legislature cannot be made liable in
places other than Congress. Hence, it is only in Q: What is mandatory recess?
Congress that its members can be punished. A: A mandatory recess is prescribed for the
thirty-day period before the opening of the next
NOTE: Two privileges are not available while the regular session, excluding Saturdays, Sundays and
Congress is in recess. legal holidays.
Is intended to leave legislator unimpeded in the Q: What is a quorum?
performance of his duties and free from fear of A: Any number sufficient to transact business
harassment from outside. (Javellana vs Tayo)
Session- refers to the entire period from its initial Q: Discipline of Members (Osmena vs Pendatun)
convening until its final adjournment. A: Rules of proceedings are within the discretion
Final adjournment- this is the 30 days before the of each house to formulate, unless it violates
opening of the next session. fundamental or individual rights.
Adjournment - The dismissal by court, legislative
assembly or properly authorized officer, of the There must be a concurrence of two thirds of all
business before them. To meet again another time the members in suspending or expelling a
appointed. member.
Suspension must not be for more than 60 days.
Q: When is the court in session? Other modes of disciplinary measure are; deletion
A: (Sec. 15) Congress shall convene once every year of unparliamentary remarks from the record, fine,
on July 4 for its regular session, unless a different imprisonment and censure (Soft impeachment)
date is fixed by law, and shall continue to be in
session until such number of days as may be Disorderly behaviour- is the prerogative of the
determined by law until 30 days before the congress and cannot as a rule be judicially
opening of the next regular session, exclusive of reviewed.
Sat, Sun, and legal holidays.
President may call for a special session anytime. Q: What is a journal?
A: It is a record of what is done and passed in a
Q: Can the privileges be applicable outside the legislative assembly. It does not include those
session hall? A: No. No member shall be which may affect national security, in the
questioned XXX for any speech or debate in judgment of each House of Congress. The journal
Congress or in any committee thereof. Based from is only a resume or the minutes if what transpired
this codal provision, the speech which is during a legislative session.
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Q: Matters which under the Constitution are to be ➔ 6 members of the house, chosen on
entered in the journal the basis of proportional
A: (1) yeas and nays on 3rd and final reading of a representation from the political
bill; (2) veto message of the President; (3) yeas and parties registered.
nays on the repassing of a bill vetoed by the
President; (4) yeas and nays on any question at the Q: Electoral Tribunal v. COMELEC
request of 1/5 of members present. A: Electoral Tribunal governs electoral protest
against a candidate after his/her confirmation to a
Q: What is an enrolled bill? respective position, while COMELEC take
A: It is a final copy of the bill which, after both jurisdiction on election dispute prior being
Houses have given final approval to a bill, shall be elected. Election contest – relates only to statutory
printed, and certified as correct by the Secretary of contest
the Senate and the Secretary General of the House
of Representatives. After which, it will be signed Q: Congressman himself is being questioned, is
by the Speaker of the House and the Senate he required to resign?
President. A: No, question lang naman eh bakit ka
magreresign.
Q: Can the proper officers revoke their signatures
in the enrolled bill? Q: What is Commission on Appointment (COA)
A: Yes. It is only for the purpose for the A: COA is a creature of the constitution which is
authenticity of the bill, that is, that it has passed executive in nature (sec.18) There shall be a
the proper procedures. Commission on Appointments consisting of:
➔ 1. Senate President (Chairman)
Q: If there is a discrepancy between an enrolled ➔ 12 senators
bill and Journal, which would prevail? ➔ 12 members of HOR
A: In case of discrepancy between the two, the
enrolled bill shall prevail. **Senators and HOR shall be elected according to
proportional representation
Individual statements made by Members of the **Chairman will only vote if there is a tie
House, which are documented in the Journal, do
not necessarily reflect the view of the House. The Q: What are the functions of COA?
enrolled bill is conclusive upon the courts as A: acts as legislative check on the appointing
regards the tenor of the measure passed by authority of the President. For the effective of the
Congress and approved by the President. If there appointment of key officials enumerated in the
has been any mistake in the printing of a bill, the constitution, the consent of the commission on
remedy is by amendment or curative legislation, appointments is needed.
not by judicial decree.
Commission must act on the commission within
Q: What is Electoral Tribunal thirty session days from their submission. This is
A: (sec. 17) The Senate and the HOR shall each have to prevent freezing appointments.
an Electoral Tribunal which shall be the sole judge
of all contests relating to the election, returns, and Ad interim appointments not acted upon at the
qualifications of their respective members. time of adjournment of Congress even if the thirty
Composition: day period has not yet expired shall be deemed
➔ 3 SC Justices designated by CJ, the by-passed.
senior justice shall be the chairman
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CONSTI 1; LEGISLATIVE DEPARTMENT (FINALS) | ATTY. MARIACOS
Q: What are the powers of Congress? ➔ Bills authorizing increase in public debts -
A: Legislative power bonds;
● General plenary power ➔ Bills of local application – purely local or
● Specific power of appropriation municipal concern
● Taxation and expropriation
● Legislative Investigation Q: Why are these exclusive in the HoR?
● Question hour A: Its members are presumed to be more familiar
Non-legislative with the needs of the country in regard to the
● Power to canvas enactment of the legislation involved.
● To declare the existence of a state of
war. Q: What is the process of passing of bill?
● To give concurrence to treaties and A:
amnesties 1. Introduction of Bill
● To propose amendments and to 2. File in the dockets section (either from
impeachment. Senate/HR)
3. 1st reading -Reading of the number and
Q: What is the legislative power? title of the bill; the bill may be “killed” by
A: the power of law making, the framing and to the committee or it may be recommended
enact, amend and repeal of laws. The power to for approval
make laws includes the power to alter and repeal 4. 2 nd reading – reading entirely,
them. scrutinized and debate.
5. 3 rd reading - register their votes by yeas
Q: To whom is vested the legislative power? and nays
A: (Sec.1) The legislative power shall be vested in 6. Transfer to the other house which will
the Congress of the Philippines which shall consist under-go the same readings: 1st. 2nd, 3rd
of a Senate and a House of representatives, 7. Bicameral Conference Committee shall
EXCEPT to the extent reserved the people by the harmonize, if any, the difference from
provision on initiative and referendum; (Sec. 32) both houses. Jurisdiction of the ConCom is
“… whereby the people can directly propose and not limited to resolving differences
enact laws or approve or reject any act of law or between both versions of the bill. It may
part thereof …“ propose an entirely new provision.
8. Approval or Authentication by the
Q: What is a bill? President and return to the House where
A: A bill is a general measure, which if passed upon the bill originated; the president may veto
by Congress, becomes a law. It is an incipient the bill for changes or suggestions.
statute.
*incipient – beginning to come into being or to Q: The bill should embrace the principle of “One
become apparent title, one subject rule”, why?
A:
Q: What are the bills exclusive in HoR? (APRIL) ● to prevent Hodgepodge or log rolling
A: legislation –“any act containing several
➔ Appropriation Bill – general or specific subjects with unrelated matters
purposes; representing diverse interest.”
➔ Private Bill - franchise; ● to prevent fraud or surprise upon the
➔ Revenue or Tariff Bill – taxes and legislative by means of provisions in bills
Rate/duties; which the title gave no information and
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CONSTI 1; LEGISLATIVE DEPARTMENT (FINALS) | ATTY. MARIACOS
which might therefore be overlooked and communicate his veto within thirty (30) days after
carelessly/ unintentionally adopted. the date of receipt of a bill, it shall become a law as
● To fairly appraise the people through such if he had signed it. (Section 27 (1), Article VI)
publication of legislative proceedings
Q: What is an item?
Q: What are the substantive limitations of a bill A: refers to the particulars, the details, the distinct
A: Ex post facto law; Bill of attainder; Impairment and several parts of the bill. Q: What is the power
of contract; passage of irrepealable law. of Appropriation/ Appropriation Law? A: Spending
power called the “power of the purse” belongs to
Q: What is the most important stage? 1st, 2nd, or Congress subject only to the veto power of
3rd Reading? president. A statute, primarily and specific
A: It is the 1st Reading. The First Reading is the purpose of which is to authorize the release of
longest in time. Real examination happens in the public funds from the treasury.
referral to the appropriate Committee. The bill
may already be killed during the First Reading. Q: What are the limitations of appropriation?
Thus, there would be no more Second Reading to A: Implied Limitation:
speak of. ➔ devoted to public purpose;
➔ Sum authorized to be released must be
Q: What are the characteristics of ex post facto determinate or at least determinable.
laws? Constitutional Limitation:
A: ➔ Congress may not increase the
➔ Law makes criminal an act done before the appropriations recommended by the
passage of the law and which was innocent president ;
when done, and punishes such act. ➔ the form, content, and manner shall be
➔ Law which aggravates a crime, makes it prescribed by law;
greater than it was ➔ Particular operations;
➔ Law which changes the punishment and ➔ procedure for approving appropriations
inflicts a greater punishment for congress shall strictly follow the
➔ Law which alters the legal rules of procedure for approving appropriations
evidence, authorizes conviction upon less for other departments and agencies;
or different testimony than the law ➔ doctrine of Augmentation;
required at the time of commission of ➔ prohibition against sectarian benefit;
offense. ➔ Automatic re-appropriation
➔ Law which assumes to regulate civil rights
and remedies only, but in effect imposes Q: What is “sub-rosa appropriation”?
penalty or deprivation of a right for A: It is an appropriation in which the public is
something which when done was lawful unable to ascertain the purposes and exact
➔ Law which deprives a person accused of a amounts of the outlay for the operations of the
crime of some lawful protection to which Congress and the allowances of its Members
he has become entitled. because these were agreed upon among
themselves only. “Subrosa” is a Latin term which
Q: What is pocket veto? means “secretly”. “Sub” means under and “rosa”
A: It is one in which the President does not act on a refers to roses which, in olden times, stood as a
bill passed by Congress resulting in the symbol of secrecy or silence.
disapproval of the bill. It is not allowed under the
Constitution. If the President does not Q: Legislative Investigation v. Question Hour
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