Review Questions on Constitutional Law I Page 7

HANDOUT NO. 4 LEGISLATIVE DEPARTMENT PART I

Case: US vs Pons

Adjournment of Congress Sine Die meaning The result is that the law and the adjudicated cases make it our duty to take judicial notice of the legislative journals of the special session of the Philippine Legislature of 1914. These journals are not ambiguous or contradictory as to the actual time of the adjournment. They show, with absolute certainty, that the Legislature adjourned sine die at 12 o'clock midnight on February 28, 1914. A Legislative body adjourns sine die when it adjourns without appointing a day for a further meeting or hearingCase: Astorga vs Villegas

Wrong copy of the Bill was signed by the President which resulted in the enactment of RA 4065. Senate President admitted mistake and the President withdrew his signature The Senate President declared his signature on the bill to be invalid and issued a subsequent clarification that the invalidation of his signature meant that the bill he had signed had never been approved by the Senate. As far as Congress itself is concerned, there is nothing sacrosanct in the certification made by the presiding officers. It is merely a mode of authentication. The lawmaking process in Congress ends when the bill is approved by both Houses, and the certification does not add to the validity of the bill or cure any defect already present upon its passage. In other words it is the approval by Congress and not the signatures of the presiding officers that is essential. Enrolled Bill doctrine not applicable

Absent such attestation as a result of the disclaimer, and consequently there being no enrolled bill to speak of, what evidence is there to determine whether or not the bill had been duly enacted? In such a case the entries in the journal should be consulted.Case: Morales vs Subido Deletion of the phrase or has served as 6. Sessions When do the REGULAR sessions of the CONGRESS BEGINS?

The Congress shall convene once every year on the FOURTH MONDAY of JULY for its REGULAR SESSION , unless a different date is fixed by law How long does the REGULAR session LAST?

It shall continue to be in session for such number of days as it may determine, until THIRTY DAYS before the opening of its next regular session, EXCLUSIVE of SATURDAYS, SUNDAYS and LEGAL HOLIDAYS How long may they ADJOURN the regular session?

Neither HOUSE during the SESSION of the CONGRESS shall without the CONSENT of the other house, ADJOURN for more than THREE DAYS May they transfer the place where they are holding regular session?

Neither HOUSE during the SESSION of the CONGRESS shall without the CONSENT of the other house, TRANSFER to any other place than that in which the TWO HOUSES shall be sitting

PLACE as here used refers not to the BUILDING but to the POLITICAL UNIT where the TWO HOUSES may be SITTING Who may call for a SPECIAL SESSION of Congress?

The PRESIDENT may call a SPECIAL SESSION at any time What are the INSTANCES when a SPECIAL SESSION may be HELD?

When the PRESIDENT CALLS for a special session at any time

To call a SPECIAL ELECTION due to VACANCY in the offices of PRESIDENT and VICE-PRESIDENT in which the Congress shall CONVENE at 10 am of the THIRD DAY AFTER VACANCY, without a need of a call To DECIDE on the DISABILITY of the PRESIDENT because the CABINET (majority) has DISPUTED his assertion that he is able to dispose his duties and powers. (This takes place not when the cabinet first sends a written declaration about the inability of the President, but after the President DISPUTED this initial declaration) Congress shall CONVENE, if it is not in session, within 48 HOURS, without need of call To REVOKE or EXTEND the Presidential Declaration of MARTIAL LAW or SUSPENSION of the WRIT of HABEAS CORPUS. Congress shall convene, if not in session, within 24 HOURS following such proclamation or suspension, without a need of a call When is a JOINT SESSION held?

When BOTH HOUSES meet JOINTLY, they generally VOTE SEPARATELY What are the INSTANCES when members of the HOUSE VOTE SEPARATELY?

When Congress, while acting as the CANVASSER of the VOTES for the PRESIDENT and VICE-PRESIDENT, has to BREAK THE TIE between two or more candidates for either position having an equal and highest number of votes

When it decides (by 2/3 vote) on the question of the PRESIDENTs INABILITY to discharge the powers and duties of his office

Whenever there is a VACANCY in the office of the VICE-PRESIDENT, when it CONFIRMS the NOMINATION of a VP by the President from among the members of Congress; such person shall ASSUME office upon confirmation by a MAJORITY VOTE OF ALL MEMBERS of both houses, voting separately When it declares (by 2/3 vote) the existence of a STATE of WAR

When it proposes to AMEND the CONSTITUTION (3/4 vote of the members) When do the members of the house vote jointly? When there has been a proclamation of MARTIAL LAW or a suspension of the WRIT of HABEAS CORPUS by the President, and Congress has to decide whether to REVOKE or to EXTEND such proclamation or suspensionHANDOUT NO. 5 LEGISLATIVE DEPARTMENT PART IIELECTORAL TRIBUNALS What is the composition of the respective Electoral Tribunal?

The Senate and the House of Representative shall EACH have an Electoral Tribunal to be composed of NINE members

3 shall be JUSTICES of the SC to be designated by the Chief of Justice

6 shall be MEMBERS of the RESPECTIVE HOUSES chosen on the basis of PROPORTIONAL REPRESENTATION from the political parties, and the parties/organization under the party list system

The SENIOR JUSTICE shall be the CHAIRMAN Discuss the proportional representation of membership in the Electoral Tribunals

Under the 1935 CONSTITUTION (HR/S) Reserve 3 seats for the MAJORITY party and 3 seats for the MINORITY

So long as there is one minority senator, there is always a clause that he could outvote the majority, that is when the 3 Justices vote with him Present set up of CONGRESS The slot reserved for the MINORITY party should NOT BE FILLED UP by the MAJORITY party even if there is only one member from the minority party. For to fill it up would offset the balance of the tribunal, and this would defeat its neutrality when acting as the sole judge of all election contests (TANADA vs CUENCO) The PARTY LIST system in the House of Representatives make the fixed representation impossible By making the composition proportional, the very nature of the ET as a neutral judge of election contests has been destroyed If only ONE SENATOR comes from the MINORITY party, there is no way that he would be represented in the tribunal. At least 2 senators are required of the 24 members of the Senate in order to have one representative in the tribunal.

Even if this single representative votes together with the 3 justices, there is no way for them to outvote the 5 from the Majority party. The case then is one of a majority preserving its advantage May the courts interfere in the selection of the members of the respective Electoral Tribunal? Under Section 17, Article VI of the Constitution, each chamber of Congress exercises the power to choose, within constitutionally defined limits, who among their members would occupy the allotted 6 seats of each chambers respective electoral tribunal

Only if the House fails to comply with the directive of the Constitution on proportional representation can petitioners seek recourse to the Courts under its power of Judicial Review

Under the doctrine of primary jurisdiction, prior recourse to the House is necessary before petitioners may bring the instant case to the court

The discretion of the House to choose its members to the Electoral Tribunal is not absolute, being subject to the mandatory constitutional rule on proportional representation. However, under the doctrine of separation of powers, the Court may not interfere with the exercise by the House of this Constitutionality mandated duty, absent a clear violation of the Constitution or grave abuse of discretion amounting to lack or excess of jurisdiction What is the Status of the Electoral Tribunal vis-a-vis Congress?

The Electoral Commission was an independent body, although attached to Congress (ANGARA vs ELECTORAL COMMISSION)

As adjunct of Congress, was ruled to be an independent body, although attached to Congress, and so salary of its staffers need not be the same as those of Senate. (SUARES VS CHIEF ACCOUNTANT COA (UNDER THE 1935 CONSTITUTION)) What kind of contest falls within the jurisdiction of the ET? Senate and the House of Representatives shall EACH have an ET which shall be the sole judge of all contest relating to:

Election

Returns

Qualifications of their respective members

EXCLUSION PROCEEDINGS by vote of majority DENY ADMISSION to a member elect pending the resolution complaints concerning the elections

If there is no electoral contest there will be no occasion for the ET to exercise its jurisdiction EXPULSION PROCEEDING vote of 2/3 a sitting member is OUSTED for disorderly behaviour Differentiate the respective jurisdictions of the COMELEC and the Electoral Tribunal

COMELEC

Vested with the power to declare valid or invalid a certificate of candidacy

Jurisdiction ceases with the proclamation and assumption of office by the member of Congress ELECTORAL TRIBUNAL

Has the sole jurisdiction over all contests relative to election, returns, and qualifications of the members of Congress

Once a winning candidate has been PROCLAIMED, TAKEN HIS OATH, and ASSUMED OFFICE as a member of the Congress, COMELECs jurisdiction over election contests relating to election, returns and qualifications ENDS and the ELECTORAL TRIBUNAL own jurisdiction BEGINS Discuss the power of the respective Electoral Tribunal to prescribe their own rules

In Angara vs Electoral Commission, it was held that EC has the exclusive right to prescribe its own rules of procedures, in connection with the election contests under its jurisdiction

The ECs rule making power necessarily flows from the general power granted to it by the Constitution Where a general power is conferred, every particular power necessary for the exercise of the one or the performance of the other is also conferred

In the absence of any further constitutional provisions relating to the to the procedure to be followed, the incidental power to promulgate such rules necessary for the proper exercise of its exclusive power to judge all contests relating to the election, returns and qualifications of the members of the legislature, must be deemed by necessary implication to have been lodged in the EC

Are the judgments of the Electoral Tribunals subject to the review by the Supreme Court?

Only by EXTRAORDINARY JURISDICTION upon a determination that the tribunal decision was rendered:

Without or in excess of its JURISDICTION With GRAVE ABUSE of DISCRETION

Clear showing of arbitrary and improvident use of its power to constitute a DENIAL of DUE PROCESS of LAW

Demonstration of a very clear unmitigated ERROR, manifestly constituting such GAD that there has to be a remedy for such abuse

CASE: ABBAS vs SENATE ELECTORAL TRIBUNAL