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Legislative

The document outlines the structure of the national government, detailing the tripartite system comprising the executive, legislative, and judicial branches, with Congress holding legislative power. It describes the composition, qualifications, and functions of the Senate and House of Representatives, including the party-list system and legislative privileges. Additionally, it addresses the process of legislation, limitations on legislative power, and the discipline of members within Congress.
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0% found this document useful (0 votes)
9 views17 pages

Legislative

The document outlines the structure of the national government, detailing the tripartite system comprising the executive, legislative, and judicial branches, with Congress holding legislative power. It describes the composition, qualifications, and functions of the Senate and House of Representatives, including the party-list system and legislative privileges. Additionally, it addresses the process of legislation, limitations on legislative power, and the discipline of members within Congress.
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STRUCTURE OF NATIONAL GOVERNMENT

*Governmental powers are allocated to the three branches of the government which are
co-equal and coordinate.
*Under a unitary and tripartite system of government the central government is organized
into 1) executive (PRESIDENT) (Art. VII), legislative (CONGRESS) (Art. VI) and judicial
(SUPREME COURT & ICs) departments (Art. VIII) exercising powers of government,
according to the nature of functions.
*Special offices may also be created for particular government areas of concern. Thus, the
following independent constitutional agencies were created: the Civil Service Commission,
the Commission on Election on Elections, the Commission on Audit, and the Ombudsman.
LEGISLATIVE DEPARTMENT
Legislative power, the plenary power to propose, enact, amend or repeal law, is vested in
Congress.
Exception: legislative powers reserved to the people by the provision on initiative and
referendum.
*Classes of Legislative power
1) Original – possessed by the people in their sovereign capacity, ie., initiative and
referendum
2) Delegated – possessed by Congress and other legislative bodies by virtue of the
Constitution
3) Constituent – power to amend or revised the Constitution
4) Ordinary – power to pass ordinary laws

*Limitations on the legislative power of Congress


1) Substantive – limitations on the content of laws, i.e., ex post facto law & bill of
attainder, irrepealable laws
2) Procedural – limitations on the manner of passing laws, i.e., only one subject,
three separate readings
3) Congress, as a general rule, cannot delegate its legislative power.

*Permissible delegation of Power


1) Delegation to the President – tariff and emergency powers
2) Delegation to administrative bodies –quasi-legislative or rule-making power
3) Delegation to local government units – ordinance-making
4) Delegation to the people thru people’s initiative and referendum (RA 6735)

*Tripartite System - the powers of the government are allocated to three branches which
are co-equal and coordinate, ie., executive department, legislative department and judicial
department.
*The Legislative Department, called Congress which is bicameral in structure, is composed
of the Senate and House of Representatives.
*The Senate is composed of 24 senators elected at large while the House of Representatives
consists of not more than 250 members elected from legislative districts and through a
party-list system of the registered national, regional and sectoral parties or organizations.
*Twenty percent (20%) of the total membership of the House must be elected under the
party-list system.
QUALIFICATIONS

Minimum
Age on
Members of Citizenship Residence Immediately
Election Day
Congress Preceding the Election

*Senator 35 yrs. Natural-born


2 yrs. in PH
Filipino

*District 25 yrs. Natural-born


Representative Filipino 1 yr. in PH & district

*Party-list
Representative; 25 yrs. Natural-born 1 yr. in PH
if youth sector 25-30 yrs. Filipino

*Other Qualifications: 1) ability to read and write 2) a registered voter

SENATE
*Composition: 24 Senators elected at large on a staggered basis;
*6 year term, two consecutive-term limit

SENATE AS A CONTINUING BODY


*The Senate is a continuing institution. However, in the conduct of its day-today business,
the Senate of each Congress acts separately and independently of the Senate of the
Congress before it. Due to the termination of the business of the Senate during the
expiration of one (1) Congress, all pending matters and proceedings, such as unpassed bills
and even legislative investigations, of the Senate are considered terminated upon the
expiration of that Congress and it is merely optional on the Senate of the succeeding
Congress to take up such unfinished matters, not in the same status, but as if presented for
the first time. (Balag v. Senate of the Philippines, July 3, 2018)
HOUSE OF REPRESENTATIVES
Composed of:
1) district representatives (80%) – elected on geographical, population basis
*The Power of Reapportionment is legislative in nature, exclusively belongs to
Congress thru the enactment of a reapportionment law
*Legislative districts created by Congress are NOT subject to approval by the
people in a plebiscite.
*Each city with at least 250 thousand population, or each province, regardless of
geographical size and population shall have at least one representative.
*Conversion of a municipality into a highly urbanized city automatically creates a
new legislative district.

2) party-list representatives (20%) – composed of


i) registered national, regional political parties and
ii) sectoral parties who
a) may either be marginalized or underrepresented, (labor, peasant, fisherfolk) or
b) lacking well-defined political constituencies (youth, women, elderly,
professional
*Nominees of sectoral parties must a) belong to their respective sectors, or b) have a track
record of advocacy for their respective sectors
*The party-list system is not synonymous with sectoral representation (Atong Paglaum v.
COMELEC, 2013, citing the 1986 Constitutional Commission Records)
*Resignation of a party-list member from his political party shall result in the forfeiture of
his seat.

4 Parameters of the Party-list System


1) 20% allocation – now mandatory, ie., all available seats shall be filled up, not anymore a
mere a mere ceiling
2) 2% threshold - 2 rounds of seat allocation: the first requires the minimum of 2% votes,
the second does not require application of the 2% threshold, otherwise the same
would be unconstitutional
3) 3-seat limit – to prevent any party from dominating the party-list system
4) Proportional representation – not absolute proportionality
*Rules on the Computation of Seats
Step 1: Compute total number of seats allocated for party-list representatives
Step 2: Rank all party-list candidates from highest to lowest based on the
number of votes they garnered.
Step 3: Compute for each party-list candidate’s percentage of votes garnered in relation to
the total number of votes cast for party-list candidates.
Step 4: Round 1 – Allocate one (1) seat each for party-list that garnered at
least 2% of the total number of votes.
Step 5: Round 2 – Assign additional seats from the balance (i.e. total number
of party-list seats minus Round 1 allocations) by:
a. Allocating one (1) seat for every whole integer (e.g. if a party garners
2.73% of the vote, assign it two (2) more seats; if 1.80%, assign it
one (1) more seat); then
b. Allocating the remaining seats (i.e. total seats minus Round 1 and
Round 2a allocations) to those next in rank until all seats are
completely distributed.

*In Angkla v. Comelec, September 15, 2020, the Court ruled that there is no constitutional
requirement for absolute proportional representation in the allocation of party-list seats.
The term “proportional,” by its very nature, means that it is relative. It cannot be argued
that the current formula for allocating party-list seat is not proportional. What the
petitioners seek is absolute proportionality.
*The Constitution gives Congress the discretion to formulate the manner of allocating
congressional seats to qualified parties, groups and coalitions. In BANAT, the Court declared
the 2% threshold in relation to the distribution of additional seats as void.
*ANGKLA, reiterates the two steps in the second round of seat allocation: first, percentage
is multiplied by the remaining available seats, second, remaining seats to be allocated on
the basis of rank in terms of percentage vote obtained.

LEGISLATIVE PRIVILEGES
1) SALARIES shall be determined by law
*No increase in said compensation shall take effect until after the expiration of the full
term of all the members of the Senate and the House of Representatives approving such
increase.
*Per diem, emolument and allowances are not included in the prohibition which covers
only fixed annual compensation or salary.
2) Immunity from arrest
i) only when Congress is in session and
ii) with respect only to offenses punishable by up to 6 years of imprisonment
*Congress is not considered in session during a recess.
* A member who has committed an offense punishable by not more than 6 years can be
arrested.
*There is no immunity from searches.

2) Freedom of speech or debate


*The speech or debate must be made in the performance of their duties as members of
Congress.
*Congress need not be in session when the utterance was made.

*The protection is only against forum other than Congress itself.


*The speech or debate must be made in the performance of their duties as members of
Congress.
*The speech or debate includes a vote or passage of a resolution, all utterances made in the
performance of their functions, speeches, statements made or votes casts bills introduced
(whether or not it is in session), all other utterances made outside or inside the premises
of Congress made in accordance with legislative function.
*Published speech shall be made while Congress is in session and not during its recess.
*Statements in media interviews by a senator during gaps and breaks in plenary and
committee hearings are not covered by the parliamentary speech or debate privilege.
*Parliamentary non-accountability cannot be invoked when the lawmaker’s speech or
utterance is made outside sessions, hearings, or debates in Congress. The statements were
clearly not part of any speech delivered in the Senate or any of its committees. It cannot
likewise be successfully contended that they were made in the official discharge of
performance of petitioner’s duties as senator, as the remarks were not part of or integral
to the legislative process. (Trillanes v. Castillo-Marigomen, March 2018)

INHIBITIONS AND DISQUALIFICATIONS


1) During his term – holding an INCOMPATIBLE OFFICE. If he does, he forfeits his seat.
2) Holding a FORBIDDEN OFFICE, ie., the office was created or the emoluments thereof
increased during the term for which he was elected.
3) Cannot personally appear as counsel before any court of justice, electoral tribunal,
quasi-judicial and administrative bodies.
4) During his term, cannot be financially interested directly or indirectly in any contract
with or in any franchise or special privilege granted by the Government.
5) Cannot intervene in any matter before any office in the Government when it is for his
pecuniary benefit.

Quorum and Voting Majorities


*In computing a quorum, members who are outside the country, thus outside of each
House’s coercive jurisdiction, are not included.
*Majority” refers to the number of members within the “jurisdiction” of the Congress
(those it can order arrested for the purpose of questioning). In Avelino v. Cuenco [G.R. No.
L-2821 (1949)], one Senator was out of the Philippines which is not within the “jurisdiction”
of the Senate, so that the working majority was 23 Senators. There is a difference between
a majority of "all members of the House" and a majority of "the House", the latter requiring
less number than the first. Therefore, an absolute majority (12) of all members of the Senate
less one (23) constitutes constitutional majority of the Senate for the purpose of the
quorum.

Doctrine of Shifting Majority


For each House of Congress to pass a bill, only the votes of the majority of those present
in the session, there being a quorum, is required.
Exceptions to Doctrine of Shifting Majority:
Votes where requirement is based on “ALL THE MEMBERS OF CONGRESS”: requirement is
based on the entire composition of a House or Congress (in its entirety), regardless of the
number of Members present or absent.
Other Special Cases, i.e. NOT out of all members

Discipline of Members
*Each house may punish its members for disorderly behavior, and with the concurrence
of 2/3 of ALL its members:
*Suspension (shall not exceed 60 days); Expulsion
Other disciplinary measures:
1) Deletion of unparliamentary remarks from the record;
2) Fine;
3) Imprisonment;
4) Censure

*The suspension contemplated in the Constitution is different from the suspension


prescribed in the Anti-Graft and Corrupt Practices Act (R.A. No. 3019). The former is punitive
in nature while the latter is preventive. [Defensor-Santiago v. Sandiganbayan, G.R. No.
118364, (1995)].
*The determination of congress when it comes to disciplining its members is respected by
the court. As such, the Supreme Court does not have the power to compel congress to
reinstate a member who has been expelled by it [Alejandrino v. Quezon, (1924)].
*The interpretation of the phrase disorderly behavior is the prerogative of the House
concerned and cannot be judicially reviewed. (Osmena v. Pendatun)

PROCESS OF LEGISLATION
Ways of passing bills:
*Jointly: In a joint session; required by the Constitution in special and specific cases
*Separately: Each house takes up the bill on its own
*Simultaneously: houses take up a bill at the same time
*Sequentially: bill originates from one house and, upon proper passage, is transmitted to
the other house for the latter’s own passage. In case of conflict between the two houses’
versions, a bicameral conference committee is organized.
*The Origination Clause provides that appropriation bills, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local application and private bill shall
originate exclusively from the HoR.

Bicameral Conference Committee (BCC)


*Composed of equal number of members from the Senate and the HOR
*Makes recommendations to the two houses on how to reconcile conflicting
provisions/versions
*BCC members are usually granted blanket authority to negotiate/reconcile the bills.
*At the end of the process, the BCC comes up with a Conference Committee Report, which
is then submitted to the respective chambers for approval. Upon approval, the bill may be
engrossed.
*The Bicam report need not pass through 3 readings. The Bicam may also include entirely
new provisions and substitutions [See Tolentino v. Secretary of Finance, G.R. No. 115455
(1994); Philippine Judges Association v. Prado, G.R. No. 105371 (1993)]. NOTE: the
BICAMERAL provisions must remain GERMANE to the subject matter of the original bill.
*The NO AMENDMENT RULE in each House does not apply to the Bicameral Conference
Committee.
*Enrolled Bill doctrine: The (a) signing of a bill by the Speaker of the House and the President
of the Senate, and the (b) certification by the secretaries of both Houses of Congress that it
was passed, are conclusive of its due enactment.

Limitations on Legislative Power


1) Formal/Procedural Limitations
Prescribes manner of passing bills and form they should take. Rider
clause: Every bill passed by the Congress shall embrace only one
subject, which shall be expressed in the title [Sec. 26(1), Art. VI].
2) Express limitations:
i) On general powers – Bill of Rights [Art. III]
*While the power to legislate is PLENARY, Congress cannot enact Ex
post Facto Law and Bill of Attainder, and irrepealable laws.
ii) On taxation [Secs. 28 & 29(3), Art. VII]-Doctrine of Public Fisc-public funds
iii) On appropriation [Secs. 25 and 29(1) and (2), Art VI]
- Doctrine of Appropriations Control - the enactment of appropriations law
iv) On appellate jurisdiction of the SC [Sec. 30, Art. VI]
v) No law granting title of royalty or nobility shall be passed [Sec. 31, Art. VI]
3) Implied Limitations:
i) No power to pass irrepealable law, a manifestation of a Republican Democracy
ii) Non-encroachment on powers of other departments, or separation of powers
iii) Non-delegation of legislative powers
*The title is not required to be an index of the contents of the bill. It is sufficient compliance
if the title expresses: (1) the general subject; and (2) all the provisions of the statute are
germane to that subject [Tio v. Videogram Regulatory Commission, 151 SCRA 208 (1987)].
*No bill passed by either house shall become law unless it has passed 3 readings on separate
days [Sec. 26(2), Art. VI].
*Printed copies in its final form must have been distributed to its members 3 days before
the passage of the bill [Sec. 26(2), Art. VI]. Exception: President certifies to the necessity of
its immediate enactment to meet a public calamity or emergency.
*Presidential certification dispenses with (1) the printing requirement; and (2) the
requirement for readings on separate days [Kida v. Senate, G.R. No. 196271 (2011), citing
Tolentino v. Secretary of Finance, supra].
When a bill becomes a law
1) Approved and signed by the President.
2) Presidential veto overridden by 2/3 of all members of both Houses.
3) Failure of the President to veto the bill and return it with his objections to the House
where it originated, within 30 days after the date of receipt.
4) A bill calling for a special election for the President and Vice President becomes a law
upon third and final reading.
Rule on Presidential Veto
GR: If the President disapproves a bill enacted by Congress, he
should veto the entire bill.
EXCEPTION: Item veto is allowed in case of appropriation, revenue and tariff bills
Limitations on the Power of Appropriation
1) Congress cannot increase the appropriation proposed by the President
2) Prohibition on the enactment of INAPPROPRIATE PROVISION – provision not
specifically related to some appropriations in the GA bill
3) Special appropriations bill shall specify its purpose and supported by
certificate of availability of funds by the National Treasurer
4) Prohibition on CROSS-BORDER transfer of funds
5) Transfer under the Doctrine of AUGMENTATION is ALLOWED
Requisites:
i) a law authorizing transfer of funds within the same branch
ii) funds transferred must come from SAVINGS
iii) the purpose of the transfer is to augment insufficient
appropriation in an item in the General Appropriation Act
iii) approval by the Head of the branch

*Augmentation denotes that an appropriation was determined to be deficient after the


implementation of the project or activity for which an appropriation was made, OR after
evaluation of the needed resources.
*The absence of any item to be augmented starkly projects the illegality of the diversion of
funds and the profligate spending thereof.
*Where the scholarship program under its Human Resource Development Plan was
disapproved by the DBM because it was not a priority project, the funds therefor were not
among the items approved under the 2012 GAA. As such, there can be no augmentation
from savings for an item or project that was not included in the approved budget of the
agency. (Balili v. COA, July 6, 2021)

*DOCTRINE OF AUTOMATIC RE-APPROPRIATION –re-enactment of the GAA for the


preceding fiscal year, in case Congress failed to pass the GA Bill for the ensuing fiscal year.
*EXECUTIVE POWER OF IMPOUNDMENT –refusal of the President to spend funds already
allocated by Congress for specific purpose. Legal Basis: Administrative Code & GAA, in case
of unmanageable National Government deficit. (Araullo v. Aquino, 2014)
*Unconstitutionality of Pork Barrel System under the Priority Development Assistance
Fund (Belgica v. Executive Secretary, 2013)
1) violated the principle of separation of powers;
2) violated the principle of non-delegability of legislative power;
3) flouted the prescribed procedure of presentment and, in the process, denied the
President the power to veto items;
4) impaired public accountability;
5) subverted genuine local autonomy

Legislative Inquiries
1) Legislative Investigation
*The mere filing of a criminal or administrative complaint before a court or quasi-
judicial body shall not automatically bar the in conduct of legislative investigation.
(Sabio vs. Gordon, GR 174340, October 17, 2006)
*The conduct of Legislative Investigation must be in accordance with its duly published
rules of procedure. (Neri vs. Senate Committees, supra) The rights of persons appearing
in such inquiries musts be respected.

2) Question Hour- to obtain information in the pursuit of Congress’ oversight function in


the implementation of legislation it has enacted.

Question Hour of Sec. 22 v. Legislative Investigation of Sec. 21,


*As to purpose
QH: directed merely to congressional oversight over the implementation of laws, in line
with the principle of checks and balances
LInv: to illicit information that may be used in aid of legislation

*As to persons who may appear


QH: only a department head/cabinet member’s appearance may be requested
LInv: any person, and the appearance is mandatory, unless a valid claim of executive
privilege is made by a department head

*As to who conducts inquiry


QH: entire body, either Senate or House of Representatives
LInv: committee or joint committees

*As to subject matter


QH: matters related to the department only
LInv: any matter for the purpose of legislation

*As to the requisite of President’s permission


QH: President’s permission for cabinet members to appear is required
LInv: President’s permission for cabinet members to appear is not required

*As to the use of compulsory process


QH: Congress cannot compel the appearance of executive officials
LInv: Congress can compel executive officials to appear (except when a valid claim of
executive privilege is invoked)
Power to Cite in Contempt
*The Senate has no power to impose the indefinite detention of a person cited in contempt
during its inquiries. As long as there is legitimate inquiry, then the inherent power of
contempt by the Senate may be properly exercised. Conversely, once the legislative inquiry
concludes, the exercise of the inherent power of contempt ceases and there is no more
genuine necessity to penalize the detained witness. The legislative inquiry ends upon the
approval or rejection of the committee report and/or upon the expiration of one Congress.
(Balag v. Senate of the Philippines, G.R. 234608, July 3, 2018)
*Purpose. The power to cite for contempt must be exercised on the preservative, not
vindictive principle, and on the corrective and not retaliatory idea of punishment. The
courts and other tribunals vested with the power of contempt must exercise the power to
punish for contempt for purposes that are impersonal, because that power is intended as a
safeguard not for the judge as persons but for the functions that they exercise. (Yasay vs.
Recto, 313 SCRA 739)
*The President issued EO 464, Section 3 and Section 2(b) of which prohibit Cabinet
Members and other officials from appearing before congressional investigations without
securing her prior consent to ensure the 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 inquiries in aid of legislation. The Supreme Court issued the following ruling
cited in Senate of the Philippines vs. Ermita, April 20, 2006,:
(1) Section 3 and Section 2 (b) must be invalidated. The assailed EO severely frustrates the
power of inquiry of Congress. In the conduct of congressional inquiry in aid of legislation,
any person, including Cabinet Members and other public officials may be required by
either House of Congress to appear before congressional investigations under pain of
contempt without prior permission of the President.
*The requirement of securing prior consent of the President prior to appearing before
either House of Congress applies only to Cabinet Members and not to other public officials
and only when either House of Congress conducts a Question Hour and not in cases of
inquiries in aid of legislation as the latter should be untrammelled because it is co-extensive
with the power to legislate.
(2) Any executive issuance tending to unduly limit disclosures of information in such
investigations necessarily deprives the people of information, which are presumably
a matter of public concern.
(3) While EO 464 applies only to officials of the executive branch, it does not follow that
the same is exempt from the need for publication. Due process requires that the
people should have been apprised of this issuance before it was implemented.
*However, in Gudani vs. Senga, August 15, 2006, the Supreme Court en banc clarified the
above ruling and upheld the President’s constitutional authority over the military and to
stop the two officers from attending the Senate hearing by virtue of her power as
Commander in Chief, and that as a consequence, a military officer who defies such an
injunction was liable under the military justice. In the same case, the Supreme Court also
ruled that any chamber of Congress which seeks the appearance before it of a military
officer against the consent of the President, has adequate remedies under the law to
compel such attendance. Any military official whom Congress summons to testify before it
may be compelled to do so by the President. If the President is not so inclined, the President
may be commanded by judicial order to compel the attendance of the military officer. Final
judicial orders have the force of the law of the land which the President has the duty to
faithfully execute.

Powers of Congress
General Legislative Powers –
Includes the power to propose, enact, amend or repeal laws, except to the extent
reserved to the people by the provision on initiative and referendum.
Specific Powers –
1) to declare the existence of a state of war
2) delegate emergency powers to the President
3) concur in amnesty
4) concur in treaties through the Senate
5) propose amendments to the Constitution
6) enact appropriation and tax laws
7) act as Board of Canvassers for Presidential and Vice Presidential elections.
8. power of legislative investigation
9. power of impeachment

*Impeachment is a sui generis proceedings


*Impeachable officials are exclusively enumerated in the Constitution: President, Vice
President, Members of the Constitutional Commissions and the Ombudsman
*All other public officers and employees may be removed from office but not by
impeachment. Hence, Sandiganbayan Justices cannot be removed by impeachment.
Grounds
1) culpable violation of the Constitution
2) treason
3) bribery
4) graft and corruption
5) other high crimes
6) betrayal of public trust
*Four of the above-listed grounds also criminal offenses;
*CRONYISM is a form of betrayal of public trust, not among the grounds under the 1935
PC.

General Steps
1) Initiation of Impeachment exclusively by House of
Representatives
i) filing of a verified complaint of impeachment
a) by a member of the HoR or
b) by a citizen upon a resolution of endorsement by a member of the HoR ;
the same shall be referred to the Committee on Justice of HoR then to the
plenary to affirm the same by a vote of 1/3 of all the Members
ii) filing of a verified complaint of impeachment by at least 1/3 of all Members of
the House; no need to refer to the Committee on Justice and to the plenary

*Limitation on Initiation: No impeachment proceedings shall be initiated against the same


official more than once within a period of one year
2) Trial by the Senate
3) Decision by the Senate
*Conviction: 2/3 vote of all Members of the Senate; failure to attain the required vote will
result to acquittal
*Principal penalty – limited to removal from office, with accessory penalty of perpetual
disqualification to hold any office (not subject to Presidential pardon);
*Party convicted shall be liable and subject to prosecution, trial and punishment and may
be granted pardon if convicted.

There are two bodies created by the Constitution, whose members are drawn from
Congress, namely, the
(1) Commission on Appointments and
(2) the Electoral Tribunals.
*There is a Commission on Appointments with the President of the Senate as Chairman
and 12 senators and 12 members of the HoR elected on the basis of proportional
presentation from political parties or organizations registered under the party-list system.
*The Commission on Appointments acts on all nominations for appointments submitted
to it by the President, as provided in Section 16, Article VI of the Constitution.

Options of the CA
1) to approve the appointment – can assume office
2) to disapprove the appointment – appointee cannot be reappointed
3) to by-pass the appointment (neither approved nor disapproved) - appointment is
effective only until the next adjournment of Congress

Limitations on Confirmation
1) Congress cannot by law prescribe the appointment of a person to an office created by
such law be subject to confirmation by the Commission on Appointment
2) Appointments extended by the President to the positions mentioned in Section 16,
Article VI while Congress is not in session shall only be effective until disapproval by
CA or until the next adjournment of Congress.

Electoral Tribunals
*Each house has an electoral tribunal (HRET & SET) composed of nine members, three of
whom are justices of the Supreme Court and the remaining six members of the Senate and
House chosen on the basis of proportional representation from political parties and parties
or organizations registered under the party-list system.
*It is the sole judge of all contests relating to the election, returns and qualifications of the
members of each House.
*Jurisdiction: In Ongsiako-Reyes v. COMELEC [G.R. No. 207264 (2013)] where the Court
held that an Electoral Tribunal acquires jurisdiction only after
(1) a petition is filed before it, and
(2) a candidate is already considered a member of the House.
*To be considered a member, in turn, there must be a concurrence of the following:
(1) a valid proclamation;
(2) a proper oath (a) before the Speaker and (b) in open session; and
(3) assumption of office. [Id.]

*Members chosen enjoy security of tenure and cannot be removed by mere temporary
change of party affiliation [Bondoc v. Pineda, G.R. No. 97710 (1991)].

*Valid grounds/just cause for termination of membership to the tribunal:


1) Expiration of Congressional term of office;
2) Death or permanent disability;
3) Resignation from political party which one represents in the tribunal;
4) Removal from office for other valid reasons.
*Disloyalty to party and breach of party discipline are not valid grounds for the expulsion
of a member of the tribunal [Bondoc v. Pineda, supra].

System of Initiative and Referendum on Statutes


*INITIATIVE – a process where the people can directly propose and enact laws
*REFERENDUM- a process where the people can directly approve or reject any act or law or
part thereof passed by Congress.
*Procedural requisite: after registration of a petition therefor signed by at least ten (10)
percent of the total number of registered voters of which every legislative district must be
represented by at least three (3) percent of the registered voter thereof.

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