DESARROLLO DEL MODELO NUMÉRICO
5.2. Parametrización del modelo de simulación
Sec. 1. 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.
Classification of legislative power: (O De CO) 1. Original – Possessed by the people in their
sovereign capacity which is exercised via initiative and referendum.
2. Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution 3. Constituent – The power to amend or revise
the Constitution
4. Ordinary – The power to pass ordinary laws Limits on the legislative power of Congress:
1. Substantive – limitations on the content of laws.
e.g. no law shall be passed establishing a state religion.
2. Procedural – limitations on the manner of passing laws.
e.g. generally a bill must go through three readings on three separate days.
3. Congress cannot pass irrepealable laws.
4. Congress, as a general rule, cannot delegate its legislative power, under the maxim delegata potestas non potest delegari (delegated power may not be delegated).
Exceptions to non-delegability of legislative power: (PETAL)
1. Delegation to the people through initiative and referendum
2. Emergency powers delegated by Congress to the President
3. Congress may delegate tariff powers to the President
4. Delegation to administrative bodies 5. Delegation to local governments What may Congress delegate:
Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW
EXECUTION. This involves either of two tasks for the administrative agencies:
1. “Filling up the details” on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a
“contingent” law or provision into actual operation.
Sections 2-4. SENATE
Sections 5-7. HOUSE OF REPRESENTATIVES
Senator Representative 24 senators Not more than 250
members 35 yrs. old 25 yrs. old Natural- born citizen of the Philippines
Able to read and write
Registered voter Registered voter in the district in which he shall be elected – n/a
to party-list Resident of the
Philippines for at least 2 years immediately preceding the election
Resident of the said district for at least 1 year immediately preceding election –
n/a to party-list Term of 6 yrs. Term of 3 yrs.
Unless otherwise provided by law, term of office commence at noon of June 30 next following the
lection Term limit of not more
than 2 consecutive years
Term limit of not more than 3 consecutive
years
NOTE: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or subtract from these qualifications.
Voluntary renunciation
For any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
District Representatives:
1. Elected from legislative districts which are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio.
2. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;
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3. Each city with at least 250,000 inhabitants will be entitled to at least one representative while each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census.
5. The standards used to determine the apportionment of legislative districts is meant to prevent ‘gerrymandering’, which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party.
Distinctions between Term and Tenure
Term Tenure
The period during which the elected officer is legally authorized to assume his office and exercise the powers thereof
The period during which such officer actually holds his position
CANNOT be reduced MAY, by law, be limited
Party-List Representatives
Constitute 20% of the total number of representatives or a maximum of 50 party-list members.
However, for 3 consecutive terms from February 2, 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral representatives.
Under Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until legislation otherwise provides.
Mechanics of the party-list system
1. Registered organizations submit a list of candidates in order of priority.
2. During the elections, these organizations are voted for at large.
3. Those parties getting at least 2% of the total votes cast for the party-list system shall be entitled to one seat each. Those obtaining more than 2% shall be given additional seats in proportion to their total number of votes, but none of them shall have more than 3 seats each.
Qualifications of Party-List Representative 1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election (Youth sector nominee must be at least 25 years but not more than 30 years old on day of election)
3. Able to read and write
4. Must be a bona fide member of the party he seeks to represent at least ninety days before election day.
Guidelines for the election of party-list representatives:
The parties or organizations must represent the marginalized and underrepresented in section 5 of R.A. 7941 (Party-List Law);
Political parties who wish to participate must comply with this requirement;
1. The religious sector may not be represented;
2. The party or organization must not be disqualified under Section 6 of R.A. 7941 i.e.
religious sector/ organization, advocates of violence or unlawful means to seek its goal, foreign party or organization;
3. The party or organization must not be an adjunct of or a project organized or a entity funded or assisted by the government;
4. Its nominees must likewise comply with the requirement of the law;
5. Its nominees must likewise be able to contribute to the formation and enactment of legislation that will benefit the nation. (Ang Bagong Bayani-OFW Labor Party v.
COMELEC, GR No. 147589)
Sec. 9. 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.
Special Election (R.A. 6645)
1. No special election will be called if vacancy occurs:
a. at least eighteen (18) months before the next regular election for the members of the Senate;
b. at least one (1) year before the next regular election members of Congress
2. The particular House of Congress where vacancy occurs must pass either a resolution if Congress is in session or the Senate President or the Speaker must sign a certification, if Congress is not in session,
a. declaring the existence of vacancy;
b. calling for a special election to be held within 45 to 90 days from the date of the resolution or certification.
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3. The Senator or representative elected shall serve only for the unexpired term.
Sec. 10. Salaries of Senators and Members of the House
Determination of Salaries:
Their salaries shall be determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until AFTER the EXPIRATION OF THE FULL TERM (NOT TENURE) of all the members of the Senate and the House of Representatives approving such increase.
NOTE: Since the Constitution ‘provides for rules on
“salaries” and not on ‘emoluments,’ they can appropriate for themselves other sums of money such as travel allowances, as well as other side
‘benefits.’
Sec. 11: CONGRESSIONAL IMMUNITIES
A. Immunity from arrest:
Legislators are privileged from arrest, and not to prosecution for criminal offenses, while Congress is
“in session” only (whether regular or special) with respect to offenses punishable by up to 6 years of imprisonment.
B. Legislative privilege:
No member shall be questioned or held liable in any forum other than his/her respective Congressional body for any debate or speech in the Congress or in any Committee thereof.
Limitation on the privilege:
1. Protection is only against prosecution in any forum other than Congress itself. Hence, the Senate or the House, as the case may be, may discipline their members.
2. The ‘speech or debate’ must be made in performance of their duties as members of Congress.
3. Congress need NOT be in session when the utterance is made, as long as it forms part of legislative action i.e. part of the deliberative and communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with Congress’ jurisdiction.
Sec. 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.
Disqualifications:
DISQUALIFICATION WHEN APPLICABLE 1) Cannot hold any other
office or employment in the Government or any subdivision, agency or instrumentality thereof, including GOCCS or their subsidiaries.
During his term. If he does so, he forfeits his seat.
2) Legislators cannot be appointed to any office.
IF the office was created or the emoluments
thereof increased during the term for which he was elected.
3) Legislators cannot personally appear as counsel before any court of justice, electoral tribunal, quasi-judicial and administrative bodies.
During his term of office.
4) Legislators cannot be financially interested directly or indirectly in any contract with or in any franchise, or special privilege granted by the Government, or any subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary.
During his term of office.
5) Legislators cannot intervene in any matter before any office of the government.
When it is for his pecuniary benefit or where he may be called upon to act on account of his office.
Sections 13-14: CONGRESSIONAL DISQUALIFICATIONS:
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Sec. 15: REGULAR AND SPECIAL SESSIONS
Regular Sessions:
Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law).
Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal holidays.
Special Sessions:
Called by the President at any time when Congress is not in session.
Sec. 16. Officers:
1) Senate President;
2) Speaker of the House; and
3) Such other officers as it may deem necessary.
Election of Officers
By a majority vote of all respective members.
Quorum to do business:
1. Majority of each House shall constitute a quorum.
2. A smaller number may adjourn from day to day and may compel the attendance of absent members.
3. In computing a quorum, members who are outside the country and thus outside of each House’s coercive jurisdiction are not included.
Internal Rules:
As part of their inherent power, they can determine their own rules. Hence, the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress.
Discipline:
1. Suspension – needs concurrence of 2/3 of ALL its members and shall not exceed 60 days. Or,
2. Expulsion - Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
General rule, the Journal is conclusive upon the courts but an enrolled bill prevails over the contents of the Journal.
An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House. Thus where the certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill.
Adjournments:
1. Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the other House.
2. Neither can they adjourn to any other place than that where the two houses are sitting, without the consent of the other.
Sec. 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal which shall be composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.
NOTE: The congressional members of the ET’s shall be chosen on the basis of proportional representation from the political parties and party-list organizations.
Jurisdiction:
Each Electoral tribunal shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their respective members. This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner.
An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner.
In the absence of an election contest, the Electoral Tribunal is without jurisdiction. However, the power of each House to expel its own members or even to defer their oath-taking until their qualifications are determined may still be exercised even without an election contest.
Issues regarding the Electoral Tribunals:
Since the Electoral Tribunals are independent constitutional bodies,
1. Neither Congress nor the Courts may interfere with procedural matters relating to the functions of the Electoral Tribunals.
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2. The Electoral Tribunals being independent bodies, its members may not be arbitrarily removed from their positions in the tribunal by the parties which they represent. Neither may they be removed for not voting according to party lines, since they are acting independently of Congress.
3. The mere fact that the members of either the Senate or the House sitting on the Electoral Tribunal are those which are sought to be disqualified due to the filing of an election contest against them does not warrant all of them from being disqualified from sitting in the Electoral Tribunal.
4. Judicial review of decisions of the Electoral Tribunals may be had with the SC only insofar as the decision or resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process.
Sec. 18: THE COMMISSION ON APPOINTMENTS
Composition:
1. Senate President as ex-officio chairman;
2. 12 Senators; and
3. 12 Members of the House.
NOTE: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations.
Voting/Action
1. The Commission shall rule by a majority vote of all the Members.
2. The chairman shall only vote in case of a tie.
3. The Commission on Appointments shall act on all appointments within 30 session days from their submission to Congress.
Jurisdiction
Commission on Appointments shall confirm the appointments by the President with respect to the following positions: (CODE: HAPCOO)
1. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).
2. Ambassadors, other public ministers or consuls.
3. Officers of the AFP from the rank of Colonel or Naval Captain: and
4. Other officers whose appointments are vested in him by the Constitution (e.g.
COMELEC members).
Limitations
1. Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the CA.
2. Appointments extended by the President to the above-mentioned positions while Congress is not in session shall only be effective until disapproval by the CA or until the next adjournment of Congress.
Meetings of the CA
Commission on Appointments meets only while Congress is in session.
Meetings are held either at the call of the Chairman or a majority of all its members.
Since the Commission on Appointments is also an independent constitutional body, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary.
NOTE: The Electoral Tribunal and the Commission on Appointments shall be constituted within 30 days after the Senate and the House of Representative shall have been organized with the election of the President and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope of Legislative Inquiries:
Such must be conducted “in aid of legislation” which does not mean that there is pending legislation regarding the subject of the inquiry. Hence, the materiality of a question is determined not by its connection to any actually pending legislation, but by its connection to the general scope of the inquiry.
But, if the investigation is no longer “in aid of legislation” but “in aid of prosecution” which the stated purpose of the investigation is to determine the existence of violations of the law, then it is beyond the scope of congressional powers.
Enforcement:
Congress or local government units if they are expressly authorized to do so, has the inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated until such time that they agree to testify. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Thus, each ‘Congress’ of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is indefinite because the Senate, with its staggered terms, is a continuing body.
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Limitations:
1. The inquiry must in aid of legislation.
2. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House conducting the inquiry; and
3. The rights of persons appearing in or affected by such inquiries shall be respected.
Ex. The right against self-incrimination.
Question Hour -- Appearance of department heads before Congress:
Under the principle of separation of powers, department heads cannot be compelled to appear before Congress. Neither may the department heads impose their appearance upon Congress.
Department heads may appear before Congress in the following instances:
1. Upon their own initiative, with the consent of the President (and that of the House concerned); or
2. Upon the request of either House (which cannot compel them to attend)
And, their appearance will be conducted in EXECUTIVE SESSION when:
1. Required by the security of state or required by public interest; and
2. When the President so states in writing Question
Hour (Sec. 22, Article VI)
Legislative Investigation (Sec. 21, Article
VI) As to persons
who may appear
Only a department
head
Any person
As to who conducts the investigation
Entire body Committees
As to the subject matter
Matters related to the department
only
Any matter for the purpose of
legislation
Senate of the Philippines vs. Eduardo Ermita*
(G.R. No. 169777) (20 April 2006)
EO 464: ENSURING OBSERVANCE OF THE PRINCIPLE OF SEPARATION OF POWERS, ADHERENCE TO THE RULE ON EXECUTIVE PRIVILEGE AND RESPECT FOR THE RIGHTS OF PUBLIC OFFICIALS APPEARING IN LEGISLATIVE
INQUIRIES IN AID OF LEGISLATION UNDER THE CONSTITUTION AND FOR OTHER PURPOSES.
Facts:
Several invitations were issued by the Senate to various officials of the Executive Department including officials of the AFP for them to appear as resource speakers in a public hearing on the alleged overpricing and unlawful provisions of the contract covering the North Rail Project.
However, they received a letter requesting a postponement of the hearing in order to be given opportunity to prepare for the various issues involved.
However, they received a letter requesting a postponement of the hearing in order to be given opportunity to prepare for the various issues involved.