ARTICLE VI Phil Constitution

7/29/2019 ARTICLE VI Phil Constitution

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Legislative Power

the authority under the Constitution tomake laws and to alter and repealthem

power to propose, enact, amend andrepeal laws

vested in Congress, except to theextent reserved to the people byprovision on initiative and referendum.


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The peoples participation in the

Government consist of:

Suffrage - Right and obligation to vote inelection of certain national and localofficers of the Government and in thedecision of public questions submitted tothe people.

Plebiscite- the process by which a proposedamendment to the constitution issubmitted to the people for approval

Referendum - the process by which a

proposed law or a part thereof issubmitted to the people for approval

Initiative - the process by which the peopledirectly propose and enact laws or

amend the constitution.


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Apportionment of Legislative District

1. Maintain proportional, representation based onnumber of inhabitants;

Each city with not less than 250 thousandinhabitant, entitled to at least one (1)

representative

Each province, irrespective of the number ofinhabitants, entitled to at least one (1)

representative2. Each district must be contiguous, compact and

adjacent. Gerrymandering is not allowed.

Reapportionment within 3 years following return ofevery census.

formation of one legislativedistrict out of separateterritories for a purpose of

favoring a candidate orparty.


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Qualifications of Senators(a) a natural-born citizen of the Philippines

(b) at least 35 yrs. of age on the day of election(c) able to read and write(d) a registered voter(e) a resident of the Philippines for not less than two

(2) years immediately preceding the day of theelection.

Qualifications of House of

Representatives:(a) a natural born citizen of the Philippines(b) at least 25 yrs. of age on the day of Election(c) able to read and write


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Election

Kinds of Election

Regular Election- held on second Mondayof May.

Special Election- It may be called in casevacancy rises in the Senate or H.O.R to fillsuch vacancy in the manner prescribed by

law.


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Sessions Regular session- once every year on the

4th Monday of July up to 30 days before thenext regular session unless a differentdate is fixed by law.

Special Session- takes place when thePresident calls Congress, during the timethat it is in recess, to session to considersuch subjects or legislations as he may

suggest. Executive sessions- secret meetings of

Congress; a closed session held when theissue involves national security.


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Discipline of Members

Nature not specified in the Constitution sinceit would exist, whether expressly conferred ornot.

Form of punishment reprimand, fine,forfeiture of salary, imprisonment, suspension,and expulsion.

Contempt committed by non-memberscongress may punish for disorderly behavior ofany other person


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Composition:Composed of 9 members 3 Justices of Supreme Court 6 members of the Senate or the House of RepresentativesShall be constituted within 30 days

It has exclusive jurisdiction over all contests

Reason for creation Under the 1973 constitution Given to the Commission on Elections

To be free from the control of political parties To insure a fair and impartial determination of election

contests Enables Congress to concentrate on its proper function,

lawmaking

Congressional Electoral Tribunals


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Commission on Appointments in Congress

Composition, constitution and natureComposed of 25 members

President of the Senate as ex officio chairman 12 senators 12 members of the House of Representatives

Power or Function Power is to approve or disapprove appointments

submitted to it by the President It must act on all appointments, by a majority vote

of all the members, within 30 days of Congress

The CA does not curtail the Presidentsappointing authority but serves as a checkagainst its abuse. It assures that the Presidenthas exercised the power to appoint wisely,by appointing only those who are fit and

qualified.


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Powers of Congress

General legislative power it is the power toenact laws intended as rules of conduct togovern the relations among individuals orbetween individuals in the state.

Specific powers they are powers which theconstitution expressly directs or authorizesCongress to exercise like the power to choosewho shall become President in case 2 or morecandidates have an equal and highestnumber of votes, to confirm certainappointments of the President, to act as aconstituent assembly to impeach, etc.


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Implied powers They are those essential ornecessary to the effective exercise of the powersexpressly granted, like the power to conduct

inquiry and investigation in aid of legislation, topunish contempt, to determine the rules of itsproceedings, etc.

Inherent powers they are the powers which arepossessed and can be exercised by everygovernment because they exist as an attribute ofsovereignty.

Executive power Powers of the Congress toappoint its officers, affirm treaties, confirmpresidential appointees through the Commission

on Appointments and remove power.


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Director/Supervisory power The Congress ofthe Philippines exercises considerable controland supervision over the administrative

branch.

Electoral power These are powers of theCongress to elect its presiding officer, act as

board of canvassers for the canvass ofpresidential/vice presidential votes.

Judicial power This power of Congress will

enable it to pass judgment upon certainparties/courses of action.

Miscellaneous powers The other powers ofthe Congress mandated by the Constitution.


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Classification of Powers:

General or plenary powerSpecific power of appropriation,

taxation, and expropriation

Legislative InvestigationsQuestion hour

Legislative


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Non-legislative Canvass presidential elections Declare existence of a state of war Delegation of emergency powers Call special election for President and Vice-

President Give concurrence to treaties and amnesties

Propose constitutional amendment Confirm certain appointments Impeach Decide the disability of the President because

majority of the Cabinet disputes his assertion that

he is able to discharge his duties. Revoke or extend proclamation of suspension of

privilege of writ of habeas corpus or declarationof martial law

Power with regard to utilization of naturalresources


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QUESTION HOUR

LEGISLATIVE

INVESTIGATION

1. As to personswho may appear

Only a departmenthead

Any persons

2. As to whoconducts theinvestigation

Entire body Committees

3. As to subjectmatter

Matters related tothe department only

Any matter for thepurpose oflegislation


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1) First Reading

2) Referred to the appropriation Committee

3) Second Reading

4) Full Debate and Disclosure

5) Printing and Distribution6) Third and Final Reading

7) Submission/Transmittal to the other house

8) Joint Bicameral Conference Committee

9) Submission to the President

1) Sign the bill into Law

2) Vetoes the Bill and return it to the origin house

3) Inaction within 30 days

Steps in the Passage of Bill :

The bill is read by its number and titleand the name/names of author orauthors.The bill is read again in its entiretytogether with the amendments, ifany, proposed by the committee.

Only the title is read on thefloor,: Nominal voting held.


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Revenue Bill

Appropriation Bill

Tariff Bill

the primary and specific purposeof which is to raise revenue

Kinds of Bill

Imposing custom dutiesfor revenue purposes.

Is one the primary and specific aim

of which is to make appropriationsof money from the public treasury.

is a draft of a law submitted to theconsideration of a legislative body

for its adoption


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Bill of Local Application

Bill authorizing increase ofthe public debt

Private bill

One affecting purely local ormunicipal concerns

a bill provide for the issuanceof bonds and other forms of

obligations

one affecting purely privateinterest such as one granting

to a person or corporation


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Parts of a Law

Title - It announces the subject matter of the act.

Preamble - It follows the title and precedes theenacting clause.

Enacting Clause immediately precedes the body ofthe statute and it serves as a formal means of

identifying the legislative body that enacts thelaw.

Body - It is a portion containing law or statute itself. Effectivity Clause It is that portion providing the

time when the law shall take effect.

Republic Act No. 386 has for its enactingclause Be it enacted by the Senate and

House of Representatives of the Philippinesin Congress Assembled


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Party List System

is a method of electing representatives to the

House of Representatives by voting for the party towhich they belong. It is defined as a method of voting byproportional representation in contrast to the traditionalmethod of voting through the single member district orconstituency.

Article 6,section 5 (1 & 2) the House of Representativesshall be composed of not more than 250 members,unless otherwise fixed by law. Twenty percent of theHouse membership shall be elected through theparty-list system of voting."

Since there are 206 legislative districts in the Philippinestoday, twenty percent of this is 51. Thus, the Comelecprovides for 51 seats available for the party-list.

ARTICLE VI Phil Constitution

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