Philippine Constitution - Parliamentary Immunity
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The document outlines the concept of parliamentary immunity, detailing the privileges and limitations of members of Congress regarding arrest and speech during sessions. It describes the processes for legislative and non-legislative powers, the steps for bill passage, and the various types of appropriations, emphasizing the 'power of the purse' held by Congress. Additionally, it discusses the role and functions of electoral tribunals and the commission on appointments, along with the rules governing taxation and appropriations.
Philippine Constitution - Parliamentary Immunity
- 1. PARLIAMENTARY IMMUNITY By: John Paul Espino De La Salle University – Dasmarinas Facebook.com/Johnpaul.dss
- 3. Privilege from arrest and of speech - while congress is in session, whether or not he is attending session. -it is intended to enable members of Congress to discharge their functions adequately and without fear. - to ensure representation of the constituents of the member of Congress by preventing attempts to keep him from attending sessions.
- 4. Instances When immunity cannot be invoked: ■ The offense by reason of which the arrest made is punishable by more than 6 yrs imprisonment. ■ Congress is no longer in session.
- 5. Disqualifications/Prohibitions 1. INCOMPATIBLE OFFICE – any kind of office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or subsidiaries during his term.
- 6. ■ 2. FORBIDDEN OFFICE – any office created or the emoluments of which of which have been increased during the term for which he was elected ■ 3. Prohibition as lawyer-legislator - The lawyer-- legislator may still engage in the practice of his profession except that when it comes t o trials and hearings before the courts and other agencies, appearance may be mad e not by him but by some members of his law office.
- 7. QUORUM – number of the membership of an assembly that is competent to transact business; ordinarily, at least one-half plus one of the members
- 8. DISCIPLINE OF MEMBERS -Each House may punish its members for disorderly behavior and, with the concurrence of 2/3 votes of all its members, suspend (for not more than 60 days) or expel a member. -each house shall keep a Journal of its proceedings
- 9. Power of Electoral Tribunals: ■ Sole judge of all contests relating to the election, returns and qualification of their respective members. ■ Rule-making power - is independent and its decisions may be reviewed by the Supreme Court only upon showing of grave abuse of discretion.
- 10. Composition of Electoral Tribunals ■ 3 Supreme court Justices designated by the Chief Justice; and ■ 6 members of the Chamber concerned (Senate or HR) chosen on the basis of proportional representation from political parties and parties registered under the party-list system. *Senior Justice shall act as Chairman.
- 11. COMMISSION ON APPOINTMENTS Composition: ■ 12 Senators and 12 Representatives, elected by each House on the basis of proportional representation from the political parties and parties and organizations registered under the party-list system represented therein. ■ Senate President acts as ex-officio chairman. ■ Chairman shall not vote, except in case of a tie.
- 12. Powers of commission on Appointments ■ Act on all appointments submitted to it within 30 session days of Congress from their submission by majority vote of its members; and ■ Promulgate its own rules of proceedings.
- 13. POWERS OF CONGRESS 1. Legislative a. General Plenary Power b. Specific power of appropriation c. Taxation d. Legislative investigation e. Question hour
- 14. 2. Non- Legislative- includes power to: a. Canvass presidential elections b. SOLE power to declare the existence of a state of war c. Delegation of emergency powers to the President d. Call special election for President and Vice- President e. Give concurrence to treaties and amnesties f. Propose constitutional amendments g. Confirm certain appointments h. Impeach i. Decide the disability of the President j. Revoke or extend proclamation of suspension of privilege of Writ of Habeas Corpus or declaration of Martial Law k. Power with regard to utilization of natural resources
- 15. POWER OF APPROPRIATION - The spending power, called ‘the power of the purse’ belongs to the Congress, subject only to the veto power of the President. It carries with it the power to specify the project or activity to be funded under the appropriation law Appropriation – authorization made by law, directing payment out of government funds Appropriations Bill - a statute, the primary and specific purpose of which is to authorize release of public funds from the treasury.
- 16. Kinds of Appropriations: 1. Annual/ General – passed annually, intended for the financial operations of the entire government during one fiscal period; generally known as the budget. 2. Supplemental/ Special – designed to supplement the general appropriations 3. Specific appropriation – for payment of a particular expense. 4. Continuing appropriation – provides a definite sum to be always available from year to year without necessity of further legislative action
- 17. Some Constitutional rules on general appropriations law: 1. Congress may not increase appropriations recommended by the President for the operations of the Government. 2. Prohibition against appropriation for sectarian benefit. 3. Automatic re-appropriation – if, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.
- 18. Question Hour – the heads of departments may upon their own initiative with the consent of the President, or upon the request of either House, as the rules of each house shall provide, may appear on any matter pertaining to their departments. Bill- a proposed law or draft of a law submitted to the consideration of a legislative body for its adoption.
- 19. Section 26(1). Every bill passed by congress shall embrace only one subject which shall be expressed in the title thereof. Rationale: 1. to prevent hodge-podge or log-rolling legislation 2. to prevent surprise or fraud upon the legislature 3. to fairly apprise the people, in order that they may have opportunity to be heard
- 20. hodge-podge or log-rolling legislation – any measure containing several subjects of unrelated matters combined together for the purpose of securing the support of the members of the legislature severally interested in the different subjects of the bills.
- 21. Meaning of Other Bills 1. Revenue bill- the primary and specific purpose is to raise revenue. 2. Tariff bill- has reference to one imposing customs duties for revenue purposes. 3. Bill authorizing increase of the public debt- a bill providing for the issuance of bonds and other forms of obligations. 4. Bill of local application- affecting purely local or municipal concerns. 5. Private bill- one affecting purely private interest, such as one granting a franchise to a person or corporation, or compensation to a person for damages suffered by him for which the government considers itself liable.
- 22. PASSAGE OF A BILL General Rule: No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to the members three days before its passage. Exception: When the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.
- 23. STEPS IN THE PASSAGE OF A BILL 1. Proposal of a bill from either House. Will then be calendared for first reading. 2. First reading. The principal author may propose the inclusion of additional authors; the bill is read by its number and title and the name/names of the author/s. 3. Referral to appropriate committee. After first reading, it is referred to appropriate committee for study and consideration. It may consolidate with similar bills filed. If it is disapproved, it dies a natural death. If approved, will be calendared for second reading.
- 24. 4. Second reading. The bill is read in its entirety together with the amendments. 5. Debates. A general debate is opened after the second reading and sponsorship speech of the author of the bill. Amendments may be proposed by any member of Congress. It will then be calendared for third reading. 6. Printing and distribution. After approval of the bill, it will then be printed in its final form and distributed among the members of the House. 7. Third reading. Only the title of the bill is read. No amendments are allowed. Voting will then take place. Members may state their reason for voting in favor or not of the said bill.
- 25. 8. Referral to the other House. If approved, it will then be referred to the other House where the same procedure takes place. If there are no amendments, the final versions enrolled bill is presented. 9. Submission to joint bicameral committee. If there are differences, or amendments, there will be a conference committee of members of both Houses for reconciliation and compromise. If either House accepts the changes made by the other, no compromise is necessary. 10. Submission to the President. After approval from both Houses, it will then be submitted to the office of the President for his action.
- 26. WAYS FOR A BILL TO BECOME A LAW 1. Approved and signed by the President; 2. Presidential veto overridden by 2/3 vote of all members of both Houses; 3. Failure of the President to veto the bill and to return it with his objections to the House where it originated, within 30 days after the date of receipt; 4. A bill calling a special election for President and Vice- President under sec. 10 Art. VII becomes a law upon third and final reading. *Statute- written will of the legislature as an organized body expressed according to the form necessary to constitute it into a law of the state.
- 27. Formal parts of a statute: 1. Title- announces the subject matter of the act. 2. Preamble- introduction or preface of law. Its purpose is to explain the reasons for the enactment of a law 3. Enacting clause- immediately precedes the body of the statute and serves as a formal means of identifying the legislative body that enacts the law 4. Body- contains the proposed law or statute itself. 5. Effectivity clause- provides for the time when the law shall take effect. A law takes effect 15 days following the completion of its publication in the Official Gazette or in newspaper of general circulation in the Philippines, unless it is otherwise provided
- 28. Veto- a Latin term meaning “I forbid” or “deny” - power of the President to disapprove acts passed by Congress Pocket veto- disapproval of a bill by inaction on the part of the President. (inaction of the President automatically causes the bill to become a law.)27.1 Partial veto – disapproval of some portion of the bill - only allowed in appropriation, revenue, or tariff bill.
- 29. Presidential Veto General rule: When the President disapproves a bill enacted by Congress, he should veto the entire bill. He is not allowed to veto separate items of a bill. Exception: Item-veto is allowed in case of appropriation, revenue and tariff bills.
- 30. Uniformity in taxation – all taxable articles of properties of the same class shall be taxed at the same rate equity in taxation – requires that apportionment be more or less just in the light of the taxpayer’s ability to pay
- 31. Delegata potestas non potest delegari - states that "no delegated powers can be further delegated” Exception – Congress is authorized to delegate to the President its power to fix within limits: 1. tariff rates 2. import and export quotas 3. tonnage and wharfage dues.
- 32. EXEMPT INSTITUTIONS AND PROPERTIES test: use and not ownership 1. charitable institutions 2. churches and parsonages or convents appurtenant thereto 3. mosques 4. nonprofit cemeteries 5. all lands, buildings and improvements, actually, directly and exclusively used for religious, charitable, or educational purpose
- 33. PARLIAMENTARY IMMUNITY By: John Paul Espino De La Salle University – Dasmarinas Facebook.com/Johnpaul.dss