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20.20. (4) Maximum terms The provisions are the same as those for Senators
except that the limit is for not more than three (3) consecutive terms (Sec. 7,
par. 2)
21.21. Term of Office and Tenure of Office A term of office refers to the fixed
period of service when an elected official may validly keep his post. The term
of office is usually specified by the law. A tenure of office, on the other hand,
refers to the actual period of service when an elected official holds the office.
Say, a congressman has resigned halfway his term, this is not considered as
an interruption, but the service is still regarded his full term or his actual
tenure. Thus, tenure is the actual incumbency.
22.22. Party List System The purpose of party list system is to bring the
government closer to people and assure that the democracy really works in
our society. Party list representative system is a device of balancing the
representation in the election of the members to the House of
Representatives from marginalized or under represented national, regional,
and sectoral parties or organizations duly recognized by the COMELEC.
23.23. Only organized and duly registered parties with the COMELEC may
participate instead of individual candidates. These are: a. Sectoral Parties
These refer to organized groups of citizens whose principal advocacy
concerns and special interests are in these sectors, namely: labor, peasant,
urban poor, indigenous communities, veterans, and elderly. b. Sectoral
Organizations These organizations are groups of qualified voters bound
together by similar physical attributes or characteristics or by employment,
interests, or concerns.
24.24. c. Political Parties These are organized groups of qualified voters pursuing
the same ideology, political ideas, and principles for general conduct of the
government. d. Coalitions Coalitions refer to aggregations of duly registered
national, regional, sectoral parties, or organizations for political and/or
electoral purposes.
25.25. Qualifications of a Party List Nominee 1. A natural-born citizen of the
Philippines; 2. A registered voter; 3. A resident of the Philippines for a period
of not less than one (1) year immediately preceding the election day; 4. Able
to read and write; 5. A bona fide member of the party he seeks to represent
for at least ninety (90) days preceding the election day; 6. A nominee shall
come from a disadvantage group of citizens which are organized and duly
registered to the COMELEC; and 7. At least twenty-five (25) years of age on
the Election Day.
26.26. In case of the youth sector, a nominee must be at least 25, but not 30
years of age on the date of election. Party list representatives are considered
elected members of the lower chamber, and as such, enjoy the same rights,
salaries, and emoluments as regular members of the House. They shall serve
for three (3) year term with the maximum of three (3) consecutive or
successive terms.
27.27. Vacancy in Congress RA 6645 provides for An Act Prescribing the Manner
of Filling A Vacancy in the Congress of the Philippines, signed into a law by
then President Aquino on December 1987. In case of vacancy arising in the
Senate at least 18 months or in the House of Representatives at least one
year before the next regular election for members of Congress, the COMELEC
upon receipt of certification of vacancy, shall call for special election. The
Senator or Member of the House of Representatives thus elected shall serve
only for the unexpired term. The election shall not be earlier than 45 days nor
later than 90 days from the date of such resolution.
28.28. Termination of Members of Congress 1. Voluntary renunciation of the
office (Art. VI, Sec. 7 [21]); 2. Forfeiture of seat of a member in Congress
during incumbency, in case when he or she keeps another office or
employment in the government or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporation or subsidiaries
(Sec. 13); 3. A penalty of suspension may serve a member of the Congress
for disciplinary action as determined by each Houses rules proceeding (Sec.
16{3}). Congress can punish any of its members for disorderly conduct;
29.29. 4. An Electoral Tribunal, through a resolution, may disqualify a member of
Congress in election contest (Sec. 17); 5. By means of resignation, death,
incapacity, or conviction which carries a penalty of disqualification to hold
office.
30.30. Compensation of Members of Congress The salaries of the members of
both Houses are fixed by law; it may be increased, but the effectivity of such
shall only be given to the members after the full term of their respective
offices has elapsed. However, no decrease of salary of members can be
allowed, as they are entitled to the right to salary. Art. XVIII, Sec. 17 reads,
The President of the Senate and the Speaker of the House shall receive an
annual salary of P 240,000, and the Senators and the members of the House
of Representatives shall receive P204,000 each per year
31.31. Rights and Privileges of Members of Congress The Constitutional rights
and privileges of members of Congress shall include the following: 1. Right to
salary; 2. Freedom of speech and debate without question; 3. Freedom from
arrest while the Congress is in session, except when the offense of which a
member is charged is punishable by more than six years imprisonment; and
4. Parliamentary immunity. The aim of this privilege is to facilitate that
members of Congress can Effectively discharge their functions without
previous restraints.
32.32. Power of Congress
33.33. 1.Over and above, the power to make laws and to pass resolutions; 2.To
approve appointments made by the President through Commission of
Appointments; 3.To decide cases of electoral protest involving its members
through an Electoral Tribunal; 4.To declare the existence of a state of war by
2/3 votes of both Houses, voting independently; 5.To ratify treaties upon 2/3
votes of all members of Congress, voting separately;
34.34. 6. To grant the President emergency powers in times of war and national
distress; 7. To provide for the rules of presidential succession should the
speaker of the House fails to qualify; 8. To concur to a grant of amnesty by
the President; 9. To exercise the power to override the veto power of the
President; 10. To hear and decide cases of impeachment against high
officials; 11. To exercise the power to amend or revise the Constitution; 12. To
prescribe, define, and apportion the jurisdiction of lower courts;
35.35. 13. To determine or apportion seats of Legislative districts; 14. The power
to tax and levy impositions; 15. To determine the disability of the President
and the Vice-President; 16. To break a knot ion case when there is a tie for
the position of President of the Republic; 17. To cancel or extend Martial Law;
18. To investigate in aid of legislation; 19. To approve the annual budget of
the government as prepared by the Executive; 20. To determine the rules of
proceedings and more.
36.36. Parliamentary Immunities Art. VI, Sec. 2 provides two immunities, which a
member of Congress may enjoy in the exercise of his task (while the
Congress is in session). These are: 1.A Senator or a member of the House of
Representatives shall be privileged from arrest while the Congress is in
session; and 2.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.
37.37. The privileges are personal ones and may be waived. There are, however,
exemptions from parliamentary immunities: a.Given gravity and seriousness
of the offense committed, any members of the Congress cannot invoke
immunity from arrest, when the penalty of the charge leveled against him
carries the penalty of more than six (6) years imprisonment; and b.When a
member is not acting as a member of Congress, but on his personal capacity.
38.38. Disabilities of Members of Congress While the members of the legislative
may be enjoy some constitutional and statutory grants or privileges, they are
likewise constrained by some technical disqualifications. As provided under
Art. VI, Sec.14, the prohibitions are: 1. No Senator or member of the House of
Representatives may personally appear as counsel before any court of justice
or before the electoral tribunals, or quasi-judicial and administrative bodies.
2. Any member shall not, either directly or indirectly, show financial interests
in any contract with the government or any of its agency or instrumentality
thereof, including GOCCs, during his incumbency. This includes government
franchise.
39.39. 3. Any member shall not intervene in any matter before any office of the
government for his own benefit.
40.40. Incompatible and Forbidden Office By Incompatible office, we mean that
no member of the Congress may hold any other office in the government or
its subdivisions, agency, or any instrumentality thereof, including
government-owned or controlled corporation, during his incumbency. A
member of Legislative cannot be appointed as a department secretary or a
director of any government positions while holding his position at the same
time, not unless he resigns.
41.41. By Forbidden office, we mean that no member of the Congress can be
appointed to any office created or the emoluments of which have been
increased during the term for which he was elected. Under art. IX-B, Sec. 8
no elective 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 foreign government.
42.42. Sessions of Congress Art. VI, Sec. 15 reads: The Congress shall convene
once every year on the fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in session for such
number of days as it may determine until 30 days before the opening of its
next regular session, exclusive of Saturdays, Sundays and legal holidays. The
President may call a special session at any time.
43.43. 1.Regular Session The Congress shall meet or convene once in every year
beginning on the fourth Monday of July for its regular session, unless law fixes
a different date. Once the Congress has convened, the session continues for
such duration until thirty (30) days before the opening of the next regular
session, exclusive of Saturdays, Sundays, and legal holidays.
44.44. 2. Special Session The Congress may be called upon by the President
anytime to consider some urgent and national concern. Some peculiar
characteristics include: a.Special session has no definite or fixed date. It may
be called anytime; b.Special session considers only one subject
matter/agendum when Congress is convened for the purpose; c.Special
session may also be called or convened by the Congress; and d.Special
session normally is brief and attends only to the agenda being called for.
45.45. 3. Executive Session In some rare cases, the Congress or the President
may call for a secret or close door session when matters concerning national
interest are to be discussed.
46.46. Quorum and Business Quorum is the required number of members of
each House to be present in order to legally transact a business. Each House
shall determine its own quorum. The Constitution requires that the majority of
each Houses may adjourn from day to day, and may compel the attendance
of absent members in such manner, and other such penalties as each House
may provide. Both Houses shall elect their political leaders at the pleasure of
their members. The Senate shall determine its speaker by majority votes of
all its respective members.
47.47. Disciplinary Behavior Under the Constitution, each House of Congress
may determine acts constituting disorderly behavior, and whether a Member
should be suspended or expelled. Each House is authorized under its Rules to
punish its member for disorderly behavior, and with the concurrence of two-
thirds vote of all kits members, suspend or expel an erring legislator. The
Constitution, however, limits the suspension to sixty days.
48.48. Internal Discipline Internal Discipline is an inherent legislative power. The
Court once said: If the power did not exist, it would be utterly impractible to
transact the business of the nation, either at all, or at least with decency,
deliberation, and order. The humblest assembly of men to understood to
posses this power, and would absurd to deprive the councils of the nations of
a like authority.
49.49. Journal and Enrolled Bill A journal is an official report of the legislative. It
is written business, which arises from all the legislative proceedings. Art. VI,
Sec. 16 (4) each House shall keep a journal of its proceedings, and from time
to time publish the same, expecting such parts as may in its judgment, affect
national security, and the years and nays on any question shall, at the
request of one-fifth of the member present be entered in the journal. Each
house shall also keep a record of its proceedings.
50.50. An enrolled bill refers to a bill which has been duly introduced, finally
enacted by both House, signed by the proper officers of each House, and
approved by the President. An enrolled copy bill is conclusive not only of its
provisions, but also of its due enactment. In case of conflict between the
journal and an enrolled bill, the latter prevails over the former, save as to
matter required by the Constitution to be enacted in the journal.
51.51. Adjournment Art. VI, Sec. 16 (5) adds, neither the House during the
session of the Congress shall without the consent of the other, adjourn for
more than three (3) days, nor to any other place than in which the two
Houses shall be sitting.
52.52. The Organization of Electoral Tribunal Each House shall have and Electoral
Tribunal, in which shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective members. The
characteristics and composition are:
53.53. 1. Each Electoral Tribunal shall be composed of nine members, three
whom shall be justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six shall be members of the Senate or the House of
Representatives, as the case may be;
54.54. 2. Membership shall be chosen on the basis of the proportional
representation from the political parties, and the parties or organizations
registered under the party list system represented therein; 3. The Senior
Justice in the Electoral Tribunal shall be its Chairman (Sec. 17); 4. Members
enjoy security of tenure. It is co-terminus with their legislative term of
service;
55.55. 5. The decision arrived at by the Electoral Tribunal shall be final. It may be
appealed though to the Supreme Court on the cases or instances of certiorari,
grave abuse of discretion; 6. The Electoral Tribunal shall have jurisdiction over
70. Art. 25 Budget -refers to the financial statement or record of the central
government for an incoming fiscal year, including the statements of the
projected receipts from revenue collections and expenditures for the year.
Rider -is prohibited under the Constitution. A rider is a loose provision or
enactment being inserted in the general appropriations bill, which does not
form integral part of certain appropriation contained therein.
71.71. Passage of a Bill art. 26
72.72. A bill is essentially a proposed law by the legislative department. Each
house may propose a bill, when the House of Representatives proposes one,
it shall be called a House Bill, and when the Senate initiates a proposal, it
shall be called a Senate Bill.
73.73. The Hodge-podged legislation refers to any proposed measure consisting
of general or more unrelated subjects, but are integrated in the proposal in
order to guarantee support from members of the Congress. The avoidance of
logrolling legislation is to ensure enough consideration and support from the
members in regard to the passage of a bill into law.
74.74. The passage of a bill into law follows strictly the procedures: 1.First
Reading 2.Second Reading 3.Floor Debates 4.Printing and Distributions
5.Third Reading 6.Transmitted to the Other House 7.Submission to Joint
Bicameral Committee 8.Approval of Consolidated Bill by Both Houses
9.Submission to the President 10.Veto Power of the President
75.75. 10. Veto Power of the President Particularly: a.Every bill must be
presented and approved by the President; b.In case, the President
disapproves a bill, he exercises veto power and returns it, with his objection,
to the House where it originated; c.In case the House, after such deliberation,
considered the bill as proposed, a 2/3 vote may carry its power to override
the veto.
76.76. Component Parts of a Law 1.Title refers to the subject matter of the law,
or the Act carried by the legislative department, and the executive as well.
2.Preamble introduces the objectives for the enactment of the Act and
explains the general reasons for such legislation. 3.Enacting Clause refers to
the collective and distinct will of both Houses to enact an act or a bill.
Enacting clause specifically states the reason for the legislation Act. 4.Body
pertains to the total substance or content of the proposed bill.
77.77. 5. Effectively Clause indicates the time at which the law shall take
effect. Usually, a law will be enforced next following the next 15-day
publication requirement in a newspaper of general circulation in the
Philippines or in the Official Gazette, not unless a date is fixed as to its
effectivity.
78.78. Taxation is a means of raising funds for the operation of the government,
especially its public services. The distribution of the tax burden should be
equitable or fair. This means a person has to pay taxes based on his ability to
pay. Taxes should serve as tools in facilitating economic stability and growth.
79.79. Basis of Taxation Under the Constitution, the rule of taxation (See Sec. 28)
shall include the following: 1.The rule shall be uniform and equitable; 2.The
taxation should be based on progressive income system; 3.The Congress may
authorize the President to fix tariff rates, import and export quotas, tonnage
and wharfage dues, and other duties and imports, subject to the limitation of
the Congress; and
80.80. 4. Charitable institutions, churches and parsonages or convents
appurtenant thereto, mosques, non-profit cemeteries and all lands, buildings,
and improvements actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from taxation.
81.81. Who are exempted from paying taxes? Charitable institutions, churches
and parsonages, or convents appurtenant thereto, mosques, non-profit
cemeteries, and all other facilities used for religious and educational
purposes.
82.82. Limitations of the Power of Congress 1.Under Art. III based on the Bill of
Rights: a.That the Congress cannot pass laws impairing the obligations of
contrast (Sec. 10) b.That no law shall impair the freedom of speech, of press,
and of expression (Sec. 10) c.That no law shall be made respecting an
establishment of religion or prohibiting the free exercise thereof (Sec. 5) d.No
person shall be held liable to answer for a criminal offense without due
process of law (Sec. 14)
83.83. e. No person shall be imprisoned for debts or non-payment of a poll tax
(Sec. 20); and f. No ex-post facto law or bill of attainder shall be enacted (Sec.
22)
84.84. 2. Under Art. VI, Sec. 29 a. Money shall be paid out the treasury, except in
the punishment of an appropriation made by law; and b. No public money or
property shall be appropriated, applied or paid, or employed, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination,
sectarian institution, or system of religion, or any priest, preacher, minister or
other preacher, minister or dignitary assigned to the armed forces, or to any
penal institution, or government orphanage or leprosarium.
85.85. 3. Art. VI, Sec. 30 states: no law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this Constitution without its
advice and concurrence. 4. Art. VI, Sec. 31 declares: no law granting a
royalty or nobility shall be enacted. 5. The Congress cannot pass law
granting tax exemption in the absence of the concurrence of the majority of
all members of the House.
86.86. Legislative Power of the People The legislative department is no longer
the sole body or institution, which enact laws and pass resolutions. Under the