[CONSTI] Module 8: The Legislative Department

Bicameralism

• the foundational structure of the legislative branch established under Article VI, Section 1 of the 1987 Constitution.

Bicameralism

• It means legislative authority is divided between 2 distinct legislative chambers: the Senate (Upper House), and the House of Representatives (Lower House)

24 senators elected at large

What is the composition of the Senate under Article VI, Sec. 2?

6-year term, no senator shall serve for more than 2 consecutive terms

What is the term and term limit of a Senator?

At noon on the 30th day of June next following after their election

When shall a senator’s term commence?

1. natural-born citizen of the Philippines, 2. at least 35 years old, 3. able to read and write, 4. a registered voter, 5. a resident of the Philippines for not less than 2 years immediately preceding the day of the elections

What are the 5 qualifications of a senator?

1. that a man must have a residence or domicile somewhere, 2. once established, it remains until a new one is acquired, 3. a man can have but one residence or domicile at a time

What are the 3 requisites in establishing a domicile?

1. he must demonstrate an actual removal or an actual change of domicile, 2. a bona fide intention of abandoning the former place of residence and establishing a new one, 3. definite acts which correspond with the purpose

What are the 3 requisites to abandoning a domicile?

animus manendi

• Latin legal term which means “intention to remain”. It refers to a person’s mental state or resolve to stay in a new location for an indefinite period.

animus non revertendi

• Latin legal term which means “intention not to remain”. It refers to the decision or intent to abandon one’s previous permanent home or domicile.

2nd Monday of May, every 3 years

When are regular elections for Senators and HoR members held? (Art.VI, Sec. 7, 1987 Constitution)

Only for the unexpired term

How long is the term for a Senator or Member of the HoR who was elected through a special election in the case of vacancy? (Art. VI, Sec. 9, 1987 Constitution)

Gerrymandering

• the arrangement of districts in such a way as to favor the election of preferred candidates (usually re-electionists) through the inclusion therein only of those areas where they expect to win, regardless of the resultant shape of such districts.

• the new Constitution reiterates the guaranty against this.

Gerrymandering

• It has been described as “an apportionment of representative districts so contrived as to give an unfair advantage to the party in power.”

Compact

• In relation to Art. VI, Sec. 5, this term refers to how territory must be “solid”.

Contiguous

• In relation to Art. VI, Sec. 5, this term refers to how territory must be “in physical contact”.

Adjacent

• In relation to Art. VI, Sec. 5, this term refers to how territory must be “close by or near”.

Reapportionment

• defined as “the realignment or change in legislative districts brought about by changes in population and mandated by the constitutional requirement of equality of representation.”

To equalize population and voting power among districts

What is the aim of legislative apportionment?

Constitutional amendment

The number of seats in the composition of the Senate can only be changed by ____________.

mechanics of the election, and not to the number of Senators

Art. VI, Section 2. “The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.”

The phrase “as may be provided by law” refers solely to the ______________.

physical presence and the intention to remain permanently or to return when absent

Domicile requires the twin elements of ______ and ________ or _________.

twenty per centum

Party-list representatives shall constitute _______ of the total number of representatives including those under the party-list.

within three years

Congress shall make a reapportionment within ________ following the return of every census.

Party-list system

• intended to enable marginalized and underrepresented sectors, as well as non-sectoral parties, to obtain seats in the House of Representatives.

1. The 20% allocation is a ceiling, not a mandatory number that must be filled;

2. The 2% threshold entitles a party to one guaranteed seat; additional seats that may be given even to parties that obtained less than 2%

3. Each party is subject to a 3-seat cap

4. The remaining seats are allocated by proportional representation

What are the 4 Inviolable Paramters in the Party-list system as established by BANAT v. COMELEC + Atong Paglaum?

Three groups may participate in the party-list system:

1. national parties or organizations

2. regional parties or organizations

3. sectoral parties or organizations

What are the rules on participation in the party-list system?

Moral or religious disapproval, standing alone

What is not a legitimate state interest sufficient to justify exclusion from the party-list system, according to the doctrine established by Ang Ladlad LGBT Party v. COMELEC?

determined by law

Under Art. VI, Sec. 10, the salaries of Senators and Members of the HoR shall be __________. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and of the HoR approving such increase.

1. Privilege from Arrest, 2. Privilege of Speech and Debate

Under Art. VI, Sec. 11, What are the 2 legislative immunities granted to Senators and Members of the HoR?

a.) The remarks must be made while the legislature or one of its committees is in session; and b.) The remarks must be made in connection with the discharge of official legislative duties

What are the 2 indispensable requirements for a Senator/Congressman to invoke the privilege of speech and debate?

to ensure that the constituents are not deprived of representation by attempts to prevent the Member from attending sessions of Congress

What is the rationale on why Senators/Members of the House are granted the Privilege from Arrest?

Regular Session

The Congress shall convene once every year on the fourth Monday of July for its _________, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next _______, exclusive of Saturdays, Sundays and legal holidays.

Special Session

The President may call a ________ at any time. In a _______, the Congress may consider only such subjects as the President may designate, unless the rules of each House or a subsequent call by the President provide otherwise.

Joint Session

Both Houses meet together for the State of the Nation Address, the canvassing of the votes for President and Vice-President, the declaration of the existence of a state of war, and certain other constitutional functions.