LEGISLATIVE DEPARTMENT underrepresented sector represented is still qualified

1. What does majority vote mean? Majority means the to be a nominee. Since political parties are
number greater than half - Santiago v. Guingona indentified by their ideology or platform of
November 18, 1998 government, bona fide membership, in accordance
2. How to select minority leader? Can the majority with the political party’s constitution and by laws,
decide who will be the minority leader? Yes. Santiago would suffice
v. Guingona – Senate is a collegial body that 3. Formula in mandated by the consti in determining
determines its rule. Section 16, par. 3 Article VI – the number of party list representatives – section 5,
Cong. Baguilat v. Speaker Alvarez, July 25, 2017 Article VI – number of seats available for party list –
3. Doctrine of Shifting Majority – Vera v. Avelino, 1946 – 20% of the total membership of congressmen shall
basis for the existence of quorum is the total number belong to the party list
of Senators who are within the coercive jurisdiction of 4. 4 inviolable parameters to determine party list
the Senate winners:
4. Effect is there is no quorum – each house may a. 20% of the total number of the members of the
adjourn house including those under the Party list
5. Can the courts intervene in the implementation of b. 2% threshold –only those parties garnering a
their internal rules of Congress? – no. Pimentel v. minimum of 2% of the total valid votes cast for
Senate Committee of the Whole, March 8, 2011 0 the partylist system are qualified to have a seat
violates separation of powers. in the HR.
6. Are the internal rules of congress is required to be c. Three-seat limit -
published? – no. Tanada v. Tuvera – rules of the d. Proportional representation – the additional seats
house on legislative investigations – only need to which a a qualified party is entitled
published – article 6, section 21 Banat v. COMELEC (2009) the remaining parties
7. Is Publication of rules in the internet a valid are entitled to a seat each until the cant party list
publication – no – e-commerce act of 2000 merely seats are all filled up.
recognized Garcilliano v. HR - Banat v. COMELEC 2009 –
- advocacy pertains to special interest of a
PARTYLIST sector – Atong
1. Can major political parties participate in the party list
elections – Atong Paglaum Inc. v COMELEC, April 2, DISCIPLINE OF MEMBERS
2013 – yes. But should represent marginalized sector 1. Members of Congress may be suspended during their
2. Is it necessary for a party list nominee to actually tenure – section 16(3), Article VI
belong to the marginalized sector that he seeks to Who will suspend? – congress itself – by 2/3 votes
represent? – no. all you need is a genuine advocacy Can be suspended only by disorderly behavior.
of the interest and concern of the marginalized and
 What is disorderly behavior? – is the prerogative of should not automatically bar the conduct of
the house concerned and cannot be judicially legislative investigation
reviewed (Osmena v. Pendatun, October 28, 1960, 2. Distinguish the Standard Charter case with BEngzon
Alejandro v, Quezon) case – in Bengzon – the intended inquiry was not in
2. Can a senator or congressman be suspended by the aid of legislation. May batas sa Standar Charter
SB or the Ombudsman? 3. Question Hour – section 21 and 22 of Article VI
Yes. Paredes v. Sandiganbayan, August 10, 1995, Eo 464 - prohibitions on house investigations to
Santiago v. COMELEC – April 18, 2001) attend to congress hearing without consent of
Automatic Preventive Suspension – section 13, RA president
3019, RA 6770 Distinguish
Notice and hearing is not required – In the house. Senate v. ermita april 20, 2006 – eo 464 is partially
Santiago v. Sandiganbayan. It is automatic once the unconstitutional – section 22 – oversight function of
case is filed congress – gather evidence or information regarding
official – eo 464 is question is under section 22 but if
LEGISLATIVE INQUIRIES section 21 – it becomes legislative investigation in
1. Scope of the subject matter of the pwer to conduct aid of investigation – di pwedeng pigilan ng
inquiries in aid of legislation – indefinite. Arnault v. malacanang. President cannot prohibit the
Nazareno, July 18, 1950 attendance of witnesses
Limitations: 4. Executive privilege – exempts the executive from
a. Consti right to counsel and against self disclosure –
incrimination must be respected Who may invoke? – only the president but he can
b. the rules of procedures must be respected authorize the executive secretary - Neri v. Senate
c. must be in aid of legislation March 25, 2008
d. congress may not summon the president as Covered? –
witness a. Communication must relate to the President
e. Congress may no longer punish the witness in b. Kausap ng pres – operational proximity
contempt after its final judgment. Basis of the c. Contain state secrets
power to impose is the right to self preservation. Can congress require the executive to state the
Adjournment sine die – (Lopez v. Delos Reyes, reasons for the claim with particularlity? No.
Nov. 5, 1930)
f. Congress may no longer inquire (Bengzon v. Blue JPEPA - Yes. Usec – can invoke the executive
Ribbon --- supersedes and abandoned by privilege. Akbayan v. Aquino July 16, 2008 –
Standard Chartered Bank v. Senate, December disclosing these offers could impair the ability of the
27, 2007) Mere filing of a criminal or an admin Philippines to deal not only with Japan but with other
complaint before a court or a quasi judicial body foreign governments
5. May the senate be allowed to continue the conduct if
a legislative inquiry without a duly published rules of
procedure? SC – need pa rin mag publish Garcilliano
v. House of Rep Com on Dec. 23, 2008
6. Is the present senate a continuing legislative body? –
no.
7. House can contemt and detain – article VI, Section 21
Arnault v. Nazareno, 1950
8. Faeldon case – Senate of the Philippines v. Ermia,
2006 – he cannot invole executive privilege
POLI NOTES – March 3, 2018 augment particular expenses in the appropriations
law and not for nay and other purposes.
Salaries, Privileges and Disqualifications 7. The President cannot indiscriminately transfer funds
8. Features of DAP –
1. Rule on increase: Yes. Under Article VI, Sec. 10 a. Cross border transfers of the savings
Provided: Approval b. Funding of projects, activities
2. May Congress increase or decrease the salaries of c. Withdrawal of unobligated allotment from the
their members. – Yes. implementing agencies and the declaration of the
3. Per diems, emoluments and allowances are not withdraws, unobligated allotments etc.
included in the prohibition of salary increase. What 9. SC on MR – February 3, 2015
the law contemplates ia a fixed annual compensation a. the creation of savings from unobligated
or salary. Senators and members of the House are allotments prior to the end of the fiscal year
not prohibited from receiving these allowances. without complying with the statutory
4. Limits to the amounts of emoluments – No. requirements
Constitution does not provide for any limitation in the b. Operative fact doctrine – so long as there is an
amount that maybe appropriated, but the COA may item in the FAA that Congress has set aside a
audit the book of Congress. Sec 20, Article IX specified amount of public funds, savings may be
5. Is PDAF constitutional? – Philconsa case – 2011 transferred thereto for augmentation purposes –
constitutional but it overturn on Belgica vs. Ochoa but this doctrine is not a mitigating or exempting
case, Nov. 19, 2013 – It is unconstitutional for circumstances – it is considered technical
Congress to allocate the funds unto themselves and malversation
participate in its implementation and disbursement 10. Inhibitions and qualifications
6. Disbursement Acceleration Program – No. IT violates a. They are allowed to practice law. But they cannot
Article Vi, Section 25(5) – Araullo v. Aquino, 728 scra personally appear as counsel – section 14, Article
1- No law has been passed to authorize or legalize VI
DAP and the funds released under the said b. A lawyer who is a legislator. Can still practice but
mechanism, this clearly violating the above cited cannot comes to trials and hearings.
constitutional provision. Demetria v. Alba – The Incompatible Office and Forbidden Office
leeway granted was thus limited. The purpose and 1. Section 13, Article VI
conditions for which funds may be transferred – 2. Purpose: to prevent him from owing loyalty to
transfer may be allowed for the purpose of another branch of the government, to the
augmenting Any augmentation from savings from detriment of the independence of the legislature
the OP can only be spent by the OP and cannot be and the doctrine of separation of powers.
given to lawmakers. Furthermore, it must be to 3. The prohibition against the holding of an
incompatible office is not absolute; what is not
 allowed is the simultaneous holding of that office 4. Can a senator lawyer be disbarred or disciplined by
and the seat in Congress the SC for statements made during a privilege
4. In the case of the rest of the legislators, any of speech – No. the plea of Santiago for the dismissal of
them may hold another office or employment the complaint for disbarment or disciplinary action is
5. Ad interim appointment – immediately takes well taken. Pobre vs. Santiago, August 25, 2009. But
effect – can assume office until sometime the CA it is not okay for a senator to criticize the SC in a
confirm his appointment privilege speech
6. Forbidden office – the ban against to the office
created to the emoluments last only for the Congressional Electoral Tribunals
duration of the term. 1. Senate and house electoral tribunals
7. Liban v. Gordon, January 18, 2011 – Gordon does 2. Jurisdiction of electoral tribunals – section 17, article
not forfeit his seat as senator. The government VI – Marcos v. COMELEC, 1995 case – HRET;s
does not control the Phil. National Red Cross. It is jurisdiction begins only after a candidate has become
not GOCC. member of the HR.
8. Torres v. DE Leon, January 18, 2016 – PNRC is a in marcos case: only two: proclamation and oath
GOCC. It is sui generis in character. 3. Reyes v. COMELEC – June 25, 2013
a. Valid proclamation
Parliamentary immunities b. Proper oath
1. Immunity from arrest – People v. Jalosjos – it is not a c. Assumption of office
right. It is only privilege. They are privilege in arrest 4. Before there is a valid or official taking of the oath it
only when they are in session only to offenses must be made before the speaker of the house and
punishable by up to 6 years of imprisonment. in open session
2. May a congressman convicted of rape be allowed to 5. Velasco v. Belmonte, January 12, 2016 – SC issued a
attend in session in Congress pending his appeal – mandamus. He is legally duty bound to recognize
No. to allow would constitute an unjustified Velasco as the congressman of Marinduque in view of
broadening of the privilege from arrest bestowed by the ruling rendered by the SC which is now final and
the Constitution upon members of Congress. executor.
3. Legislative privilege – no member shall be 6. Electoral tribunal has jurisdiction in election contest –
questioned or held liable in any forum other that his where a defeated candidate challenges the
or her respective congressional body for any debate qualification and claims for himself the sear of the
or speech in congress or in any committee. The only proclaimed winner.
can punish him is the congress himself. Subject to 7. In the absence of an election contest – ET is without
limitations: jurisdiction.
a. Speech must be made while in performance of 8. Can you remove a member of ET? Yes.
duty a. Expiration of term
 b. Death c. Revoke or extend the presidential
c. Resignation proclamation of ML or suspension of the
d. Removal of office for other valid reasons privilege of writ of HC
9. Abayon v. HRET, Feb. 11, 2010. d. Called by the president any time when
10. Can the COMLEEC pass upon the question of the congress is not in session
residency? No. Jalosjos v. COMELEC, June 26, 2012 3. Instances when congress is voting separately
11. Expulsion is not valid. They enjoy security of tenure. - Votation is by separate except when the
They cannot be remove simply because they did not constitution requires jointly but there are
obey party lines. Bondoc v. Pineda, Sept. 26, 1991 instances to meet jointly but vote separately
12. Jurisdiction over a petition to expel a member of the a. Choosing the president
House (PL)? how about explusion from the party list? b. Determine the president’s disability
- Lico v. COMELEC, Sept. 25, 2015 c. Confirm the nomination of VP
If nakaupo na – field with HRET d. Declare the existence of a state of war in
Vs. decision in Lokin v. COMELEC joint session
Hindi pa nananalo ang PL nominees – they are e. Proposing consti amendments
not member of congress.
Commission of Appointments Joint session but vote jointly:
1. Composition: 25 members a. Revoke or extend the proclamation of suspension
2. How to choose 12 senators and of the privilege of writ of HC
congressmen? On the basis of proportional b. Revoke or extend the declaration of ML
representation from the political parties
and party list organizations 4. Enrolled bill – signed by House and Senate from
3. Jurisdiction of the CA – MEMORIZE bicameral conference committee
4. Limitations 5. Enrolled bill theory – Mabanag v. Vito, March 5,
1947 – once signed it is ca conclusive proof
Legislation 6. Tolentino v. sec of finance, august 25, 1994 – the
1. Regular session of congress – may 30 to june 30 – enrolled bill prevails except only as to matters
adjournment cine die; but in between there are that the consti requires to be entered in the
recess but still in session journals. An enrolled copy of a bill is conclusive
2. Instances wherein there are special sessions: not only of its provisions but also if its enactment
a. Vacancy in OP or OVP 7. Journal shall prevail only when there are
b. Disability of the President because a majority questions
of all the members of the cabinet have 8. Matters mandated by the consti to be entered in
disputed his assertion that he is able to the journal
discharge the powers and duties of his office
 a. Yeas and nays on the third and final reading provision. Yes to budget and inappropriate
of a bill provisions.
b. Veto message of the president
c. Yeas and nays on re passing a bill vetoed by
the president
d. Yeas and nays on questions 1/5 present
9. Bills required by the consti to originate from
House
a. Appropriation bills
b. Private bills
c. Revenue bills
d. Bills increasing public debt
e. Local bills

10. Can the president take active part in the

legislative process? – Yes
a. Address congress at any time for the
enactment of certain laws
b. Recommends the GAB
c. Can a special session of congress at any
time
d. Certify to the necessity of the immediate
enactment
11. Bill without sign of president – sec 27(1) , Article
VI
12. Estrada v. SB
13. IRR RA 9335 – does the creation of a
congressional oversight committee violate the
doctrine of separation of powers – yes. (abakada
guro v. Purisima, August 14, 2008) this amounts
to a legislative veto. Wala na dapat paki sa
implementation
14. Doctrine of inappropriate provisions – Gonzales
v. macaraig, 1990, philconsa v. enriquez, 1994 -
the president can veto that inappropriate