than 18 months; or than 18 months; or e. A crime involving e. A crime moral turpitude, involving moral unless given plenary turpitude, unless pardon or given plenary pardon granted amnesty. or granted
(Section 12, BP 881) amnesty. (Section 12,
BP 881)
Note: The term of office prescribed by the Constitution may not be extended or shortened by the legislature, but the period during which an officer actually holds the office (tenure) may be affected by circumstances within or beyond the power of said officer. Tenure may be shorter than the term or it may not exist at all. These situations will not change the duration of the term of office. Q: How can members of Congress be removed from their respective offices?
A:
SENATORS MEMBERS OF THE
HOUSE OF REPRESENTATIVES
(HoR)
Expulsion by the Senate Expulsion by the House with the concurrence of is with the concurrence 2/3 of all its members. of 2/3 of all its
(Sec. 16, par. 3, Article members. (Sec. 16, par.
VI) 3, Art. VI)
Q: Can Congress or COMELEC impose an additional qualification for candidates for senator?
A: No. The Congress cannot validly amend or
otherwise modify these qualification standards, as it cannot disregard, evade, or weaken the force of a constitutional mandate, or alter or enlarge the Constitution (Cordora v. COMELEC, G.R. No. 176947, Feb. 19, 2009; Social Justice Society v. DDB and PDEA, G.R Nos. 157870, 158633, 161658, Nov. 3, 2008).
Q: What is the rule on voluntary renunciation of office for any length of time?
A: It shall not be considered as an interruption in
the continuity of his service for the full term for which he was elected (Sec. 4, Article VI).
House of Representatives (HoR)
Q: What is the composition of HoR?
A:
District Representative Party‐list
Representative
1. Elected
according 1. Elected
nationally
to legislative with party‐list
district by the organizations
constituents of garnering at least
such district; 3% of all votes cast 2. Must be a resident for the party‐list
of his legislative system entitled to
district for at least 1 seat, which is
1 year immediately increased before the according to
election; proportional 3. Elected personally, representation, but by name; is in no way to
4. Does not lose seat exceed 3 seats per
if he/she changes organization;
party or affiliation; 2. No special 5. In case of vacancy, residency
a special election requirement;
may be held 3. Voted upon by
provided that the party or
vacancy takes place organization. It is
at least 1 year only when a party
before the next is entitled to
election; representation 6. A district that it designates
representative is who will sit as not prevented from representative;
running again as a 4. If he/she changes
district party or affiliation,
representative if loses his seat, in
he/she lostduring which case he/she
the previous will be substituted
election; and by another 7. A change in qualified person in
affiliation within the party
months prior to /organization
election does not based on the list
prevent a district submitted to the
representative COMELEC;
from running under 5. In case of vacancy,
his new party. a substitution will be made within the
party, based on the
list submitted to the
COMELEC;
6. A party‐list
representative
cannot sit if he ran
and lost in the
previous election; and 7. A change in affiliation within 6 months prior to election prohibits the party‐list representatives from listing as
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
19
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
F a c u l t a d d e D e r e c h o C i v i l
UST GOLDEN NOTES 2011
representative 2. Each legislative district shall comprise
under his new party contiguous, compact and adjacent
or organization. territory. (This condition is not absolute)
DISTRICT REPRESENTATIVES AND QUESTIONS OF
APPORTIONMENT 3. Each city with a population of at least
250,000 or each province shall at least
Q: Who are district representatives? have one representative.
A: District representatives are those who were 4. Legislative districts shall be re‐
elected from legislative districts apportioned apportioned by Congress within 3 years
among the provinces, cities and the Metropolitan after the return of each census (Senator
Manila area. Aquino III v. COMELEC, G.R. No. 189793,
April 7, 2010. Q: How are legislative districts apportioned?
Note: GR: There must be proportional
A: Legislative districts are apportioned among the representation according to the number of their
provinces, cities, and the Metropolitan Manila constituents/inhabitants
area. They are apportioned in accordance with
XPN: In one city‐one representative/one province‐
the number of their respect inhabitants and on
one representative rule.
the basis of a uniform and progressive ratio.
(Section 5, Article VI, 1987Constitution) Note: Where a town is converted to a highly Each city with a population of at least 250,000 250, 000, the creation of a separate congressionalurbanized city with a population of not less than
shall have at least one representative. Each district is in keeping with the one city‐one
province shall have at least one representative. representative/one province‐one representative
Note: The question of the validity of an rule.
apportionment law is a justiciable question. (Macias A city which has exceeded the number of 250, 000
v. Comelec, G.R. No. L‐18684, September 14, 1961) inhabitants is entitled to one representative.
Q: What are the conditions for apportionment? Q: What is the reason for such rule?
A: A: The underlying principle behind the rule for
1. Elected from legislative districts which apportionment is the concept of equality of
are apportioned in accordance with the representation which is a basic principle of
number of inhabitants of each area and republicanism. One man’s vote should carry as
on the basis of a uniform and much weight as the vote of every other man.
progressive ratio:
Note: Section 5 provides that the House shall be
a. Uniform – Every representative of composed of not more than 250 members unless
Congress shall represent a territorial otherwise provided by law. Thus, Congress itself may
unit with more or less 250,000 by law increase the composition of the HR. (Tobias v.
population. All the other Abalos, G.R. No. L‐114783, December 8, 1994)
representatives shall have the same or
As such, when one of the municipalities of a
nearly the same political constituency
so much so that their votes will congressional district is converted to a city large
enough to entitle it to one legislative district, the
constitute the popular majority.
incidental effect is the splitting of district into two.
b. Progressive – It must respond to the The incidental arising of a new district in this manner
need not be preceded by a census. (Tobias v.
change in times. The number of House Abalos, G.R. No. L‐114783, December 8, 1994)
representatives must not be so big as to
be unwieldy. (Let us say, there is a Q: How should the reapportionment be made?
growth in population. The ratio may
then be increased. From 250,000 A: Reapportionment can be made thru a special constituents/1 representative it may be law. (Mariano, Jr. vs. COMELEC, G.R. No. 118577,
reapportioned to 300, 000 March 7, 1995)
constituents/1 representative).
20
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA