Guide Questions: (Module 3, Part 1)

1. Why is legislative power which is vested in Congress considered

delegated and derivative power?

At its core, legislative power is a key part of a country's authority, as the

Constitution, which is like the country's rulebook, is made by the people
who have the ultimate say. However, the Constitution also says that this
power is given to the Congress of the Philippines. So, even though the
people are involved in making laws, only Congress can actually make
them.

2. What is the composition of Congress and the qualifications of its

members? (Marcos vs Comelec and Aquino vs Comelec, Social
Justice vs Dangerous Drugs case)

Ans: These are the criteria to become a member of the House of

Representatives:

a natural-born citizen of the Philippines;

at least twenty-five years old;
is able to read and write; and
except the party-list representatives, a registered voter and a resident
for at least one year in the district where s/he shall be elected.

3. How are legislative districts apportioned? (Mariano, Sema and

Bagabuyo cases)

Article VI Section 5 of the 1987 Constitution

Section 5. (1) The House of Representatives shall be composed of

not more than two hundred and fifty members, unless otherwise
fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a
party-list system of registered national, regional, and sectoral
parties or organizations.

4. What are the privileges of members of Congress? Why are they

entitled to such?

A Senator or Member of the House of Representatives shall, in all

offenses punishable by not more than six years imprisonment, be
privileged from arrest while the Congress is in session. No member shall
be questioned nor be held liable in any other place for any speech or
debate in Congress or in any committee thereof.

These privileges are thus secured not with the intention of protecting the
members against prosecutors for their own benefit, but to support the
rights of the people, by enabling their representatives to execute the
function of their office without fear of prosecution, civil or criminal.

 When shall the immunities apply? (Jalosjos and Triallanes

cases)

While the congress is in session.

5. What are their restrictions? What are the reasons for the
restrictions?
  How are members being disciplined? (Osmena case)

Section 16(3), Article VI of the Constitution provides the manner in

which members of the Senate may be disciplined, suspended or expelled.
It provides as follows:

Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and with the concurrence of two-
thirds of all its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty days.

 Can the Sandiganbayan suspend a Senator facing a criminal

case? (Santiago case)

Yes. The authority of the Sandiganbayan to order the preventive

suspension of an incumbent public official charged with violation of
the provisions of RA 3019 has both legal and jurisprudential
support, specifically Section 13 of the said law which states that any
incumbent public officer against whom any criminal prosecution
under a valid information under this Act shall be suspended from
office.

 Can the Ombudsman suspend a member of the House of

Representatives pending investigation and as penalty?

No, the Ombudsman cannot suspend a member of the house of Representatives

pending investigation and as a penalty. Excepted from the coverage of the
disciplinary authority of the Ombudsman are Members of Congress, the
Judiciary, and officials removable only by impeachment.

6. Distinguish initiative from referendum?

 What are the procedures for each? (refer to the law)

Under R.A. 6735 a "Referendum" is the power of the electorate to approve or

reject a legislation through an election called for the purpose. It may be of two
classes, namely:

c.1. Referendum on statutes which refers to a petition to approve or reject an

act or law, or part thereof, passed by Congress; and

c.2. Referendum on local law which refers to a petition to approve or reject a

law, resolution or ordinance enacted by regional assemblies and local legislative
bodies.

"Initiative" is the power of the people to propose amendments to the

Constitution or to propose and enact legislations through an election called for
the purpose.

There are three (3) systems of initiative, namely:

a.1 Initiative on the Constitution which refers to a petition proposing

amendments to the Constitution;

a.2. Initiative on statutes which refers to a petition proposing to enact a national

legislation; and

a.3. Initiative on local legislation which refers to a petition proposing to enact a

regional, provincial, city, municipal, or barangay law, resolution or ordinance.

7. What is an enrolled bill?

After both houses have given final approval to a bill, a final copy of the bill,
known as the “enrolled bill,” shall be printed, and certified as correct by the
Secretary of the Senate and the Secretary General of the House of
Representatives. After which, it will be signed by the Speaker of the House and
the Senate President.

A bill may become a law, even without the President’s signature, if the President
does not sign a bill within 30 days from receipt in his office. A bill may also
become a law without the President’s signature if Congress overrides a
presidential veto by two-thirds vote.

 In case of conflict between the contents of an enrolled bill

and journal of proceedings of Congress, which one prevails
and why?

The enrolled bill prevails over the journal of proceedings, except only as to
matters that the Constitution requires to be entered in the journals.

8. Enumerate the powers and composition of the following:

 HRET (Bondoc vs Pineda case)

The House of Representatives Electoral Tribunal (HRET) is composed of
nine (9) Members, three (3) of whom are Justices of the Supreme Court,
as designated by the Chief Justice, and the remaining six (6) are Members
of the House of Representatives who were chosen on the basis of
proportional representation from the political parties and the parties or
organizations registered under the party-list system. The Senior Justice
in the Tribunal serves as the Chairperson.

 SET (Senate Electoral Tribunal) (Abbas)

The Tribunal is composed of nine (9) Members, three (3) of whom are
Justices of the Supreme Court who were designated by the Chief Justice
and the remaining six (6) are members of the Senate who were chosen
on the basis of proportional representation from the political parties.
The senior Justice in the Electoral Tribunal is the Chairperson.

 Commission on Appointment
The commission is composed of the Senate President, the ex officio
chairman, twelve senators, and twelve members of the House of
Representatives.

9. Who can join the Party list elections?

RA. 7491 Sec 9
Sec. 9. Qualification of Party-List Nominees. – No person shall be
nominated as party-list representative unless he is a natural born citizen
of the Philippines, a registered voter, a resident of the Philippines for a
period of not less than one (1) year immediately preceding the day of the
election, able to read and write, bona fide member of the party or
organization which he seeks to represent for at least ninety (90) days
preceding the day of the election, and is at least twenty-five (25) years of
age on the day of the election.In case of a nominee of the youth sector, he
must at least be twenty-five (25) but not more than thirty (30) years of
age on the day of the election. Any youth sectoral representative who
attains the age of thirty during his term shall be allowed to continue until
the expiration of his term.

 How are the seats allocated under the party list

law? (RA 7941, Banat and Paglaum cases)
 The COMELEC shall tally all the votes for the parties, organizations, or
coalitions on a nationwide basis, rank them according to the number of
votes received and allocate party-list representatives proportionately
according to the percentage of votes obtained by each party,
organization, or coalition as against the total nationwide votes cast for
the party-list system.

10. What is PDAF?

The Priority Development Assistance Fund (PDAF) was a discretionary fund in

the Philippines available to members of Congress.

Cite 3 major constitutional issues against the pork barrel system?

(Belgica, Carague)

1. Corruption and misuse of funds

2. There is a lack of transparency and
accountability
3. Scandal that erupted from the misuse of
funds, namely, the infamous Janet Lim-
Napoles case

What are the reasons the Supreme Court declare it as

unconstitutional?

11. What is DAP? (Araullo case)

The Disbursement Acceleration Program in the Philippines is a "special" budget

allocated to accelerate or hasten a government project without Congress or
Senate's approval.

Why is it considered a budget within a budget?

When and how savings from the GAA can be used? By what
department?

Why is DAP considered an undue delegation of legislative

power?

Why did the Supreme Court declare DAP as unconstitutional?

-nothing follows-