Constitutional Law 1 Finals Reviewer PDF

Title Constitutional Law 1 Finals Reviewer
Author Abigael Severino
Course Constitutional law 1
Institution San Beda University
Pages 64
File Size 1.1 MB
File Type PDF
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constitutional law lectures. helpful for freshmen students,...


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BTX San Beda College-Manila College of Law

BTX Notes in Constitut Constitutional ional Law 1 Bugayong Notes LEGISLATIVE DEPARTMENT Q: What is legislative power? A: It is the power or competence of the Legislature to propose, enact, amend and repeal laws. It is vested by the Constitution in the Congress, except to the extent reserved to the people by the provision on initiative and referendum. Q: Are there others who can exercise legislative power? A: Yes. There is what we call as original legislative power which is possessed by the sovereign power and is based on the power of initiative to make laws reserved by the people in the Constitution. Section 1 of Article VI of the Constitution denotes that legislative power shall be exercised by the people as manifested in initiative and referendum. *Initiative – the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose Referendum – the power of the people to approve or reject a piece of legislation (e.g. statute, resolution, ordinance) through an election called for the purpose Difference between initiative and referendum – initiative is entirely the work of the electorate or the people therefore without the participation of Congress while referendum is begun and consented to by the law-making body and is merely approving or rejecting a piece of legislation. Q: Can Congress exercise non-legislative power? A: Yes. The Congress also discharges powers of a non-legislative nature, to wit: (1) power to canvass the presidential elections; (2) power to declare the existence of a state of war; (3) power to give concurrence to treaties and amnesties; BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way. Page 1 Disclaimer: BTX is not a fraternity. It is just what we call our brotherhood composed of former Legal Management students of San Beda College-Manila. Members: Kent Limpot, Yadj Juanico, Kevin Leus, Marben Silva, Allen Sopoco, King Defante, Justin Abraham, Nate Rebudal, Francis Geronimo, Monico Aggabao, Mikko Escoto, Jireh Bringas, Sockie Averia, Nur Dimapanat, Koko Quadra, RJ Baclig, Raven Libunao, Bennet Veloya, Mark Tamayo, Kiel Rivera, James Culla, Jupi Malabanan, Dring Ferrer, Gelle Obas, Daryl Plan, Rovin Feliciano, Atea Zara, Raven Libunao, Rommel Amador, Gregg Namin, Richard Siccion, Ali Manuel, Jim Alberto, Jasper Aquino

BTX San Beda College-Manila College of Law

(4) power to propose constitutional amendments or revisions; (5) power to impeach Q: What is Bicameral Congress? A: It is composed of: 1. Senate; and 2. House of Representatives. Q: What is Senate? A: It is one of the chambers of Congress and it is composed of twenty-four (24) senators who are elected at large by the qualified voters of the Philippines, as may be provided by law. Q: Section 3 ,Art. VI of the Constitution provides that: “The Senate shall be composed of twenty-four Senators and it is composed of twenty-four senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.” Does this mean that the number of Senators may be increased by mere legislative enactment because of the phrase “as may be provided by law? A: No. The phrase as may be provided by law does not refer to the composition. It refers to the manner on how the election shall be held or the mechanics for electing the Senators at large, within the limits provided by the Constitution. Hence, it is only through constitutional amendment that the number of Senators can be changed. Q: What are the qualifications of a senator? A: The following are the qualifications of a senator: (V-N3RY = vaginal entry) 1) Registered Voter; 2) Natural-born citizen of the Philippines; 3) At least thirty-five (35) years of age on the day of the election; 4) Able to Read and write; and 5) Resident of the Philippines for not less than two (2) Years immediately preceding the day of the election (Sec. 3, Art. VI)

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way. Page 2 Disclaimer: BTX is not a fraternity. It is just what we call our brotherhood composed of former Legal Management students of San Beda College-Manila. Members: Kent Limpot, Yadj Juanico, Kevin Leus, Marben Silva, Allen Sopoco, King Defante, Justin Abraham, Nate Rebudal, Francis Geronimo, Monico Aggabao, Mikko Escoto, Jireh Bringas, Sockie Averia, Nur Dimapanat, Koko Quadra, RJ Baclig, Raven Libunao, Bennet Veloya, Mark Tamayo, Kiel Rivera, James Culla, Jupi Malabanan, Dring Ferrer, Gelle Obas, Daryl Plan, Rovin Feliciano, Atea Zara, Raven Libunao, Rommel Amador, Gregg Namin, Richard Siccion, Ali Manuel, Jim Alberto, Jasper Aquino

BTX San Beda College-Manila College of Law

Q: Who is a natural-born citizen? A: He is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his/her Philippine citizenship. Q: What does the 35 year age requirement mean? A: He must be 35 years old when the polls are opened and the votes are cast, and not on the day of the proclamation. Q: What is term of a Senator? A: The term of a senator is for six (6) years, commencing at noon on the thirtieth (30th) day of June next following his/her election, provided, that no senator shall serve for more than two (2) consecutive terms. Q: How are Senators elected? A: They are elected at large. Senatorial candidates submit themselves to a vote of the entire national electorate. Q: May a person of dual citizenship run for Senate? A: Yes, because what the law disallows is dual allegiance, which is inimical to national interest. When a person has dual citizenship, he is a citizen of two different countries by virtue of two different laws governing in said countries. For example, X has Filipino parents and was born in the United States. By virtue of jus sanguinis (citizenship by blood), he is a citizen of the Philippines. But since he was born in the United States, he is also considered as a citizen there because the United States follows jus soli (citizenship by place of birth). It was never his fault to be in that kind of situation. What the Constitution abhors is a situation wherein, a Filipino citizen has made an oath of allegiance with a foreign country and has become a citizen of such country, yet, maintains his or her Filipino citizenship. (See Edu Manzano Case) Q: May the Congress provide additional qualifications? BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way. Page 3 Disclaimer: BTX is not a fraternity. It is just what we call our brotherhood composed of former Legal Management students of San Beda College-Manila. Members: Kent Limpot, Yadj Juanico, Kevin Leus, Marben Silva, Allen Sopoco, King Defante, Justin Abraham, Nate Rebudal, Francis Geronimo, Monico Aggabao, Mikko Escoto, Jireh Bringas, Sockie Averia, Nur Dimapanat, Koko Quadra, RJ Baclig, Raven Libunao, Bennet Veloya, Mark Tamayo, Kiel Rivera, James Culla, Jupi Malabanan, Dring Ferrer, Gelle Obas, Daryl Plan, Rovin Feliciano, Atea Zara, Raven Libunao, Rommel Amador, Gregg Namin, Richard Siccion, Ali Manuel, Jim Alberto, Jasper Aquino

BTX San Beda College-Manila College of Law

A: No, because the list of qualifications provided in the Constitution is exclusive. Expressio unius est exclusio alterius. The express mention of one thing excludes all the others. Q: What is the difference between domicile and residence? A: For purposes of Political Law, the term “residence” is synonymous with “domicile”. It is the place where one habitually resides and to which, when he is absent, he has the intention of returning. It imparts not only intention to reside in a fixed place but also personal presence in that place adopted with conduct indicative of such intention. In the case of Romualdez-Marcos vs COMELEC, it was held that: 1) Minor follows domicile of parents. 2) Wife does not automatically gain husband’s domicile. 3) Domicile of origin is lost only when there is: a) Actual removal or change of domicile; b) Bona fide intention of abandoning the former residence and establishing a new one; and c) Acts which corresponds with the purpose.

Q: In the passage of a bill into law, what do you mean by appropriate committee? A: It refers to a Senate or House of Representatives specific committee which is tasked to handle specific issues (e.g. Committee on Accountability, Committee on National Defense and Security, Committee on Health, Senate Blue Ribbon Committee) Q: What is apportionment? A: It is done by the Congress every three (3) years following the return of every census in order to insure each legislative district is composed of the required number of inhabitants mandated by the Constitution. It shall be made in accordance with the number of respective inhabitants on the basis of a uniform and progressive ratio. The Constitution provides that each city with a BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way. Page 4 Disclaimer: BTX is not a fraternity. It is just what we call our brotherhood composed of former Legal Management students of San Beda College-Manila. Members: Kent Limpot, Yadj Juanico, Kevin Leus, Marben Silva, Allen Sopoco, King Defante, Justin Abraham, Nate Rebudal, Francis Geronimo, Monico Aggabao, Mikko Escoto, Jireh Bringas, Sockie Averia, Nur Dimapanat, Koko Quadra, RJ Baclig, Raven Libunao, Bennet Veloya, Mark Tamayo, Kiel Rivera, James Culla, Jupi Malabanan, Dring Ferrer, Gelle Obas, Daryl Plan, Rovin Feliciano, Atea Zara, Raven Libunao, Rommel Amador, Gregg Namin, Richard Siccion, Ali Manuel, Jim Alberto, Jasper Aquino

BTX San Beda College-Manila College of Law

population of at least two hundred fifty thousand (250,000), or each province, shall have at least one (1) representative. N.B.: If Congress enacts a statute creating for a certain province, let us say, Province Y. Then, such province by virtue of the abovementioned provision is automatically entitled to one representative. Q: What is gerrymandering? A: It is the creation of representative districts out of separate portions of territory in order to favor a candidate. This is prohibited under the Constitution because each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Q: What comprises the House of Representatives? A: Sec. 5 (1), Art. VI provides that the House of Representatives(HOR) shall be composed of not more than two hundred fifty (250) members, unless otherwise expressly provided by law. The law referred to in this section is the apportionment law abovementioned. The HOR is composed of district representatives, party-list representatives and sectoral representatives. (Atty. Bugayong did not dwell so much on the difference of party-list representatives from sectoral representatives and how the number of seats allocated for them is computed. This is for another subject, Election Law) Q: What are the qualifications? A: The qualifications of a district representative are as follows: 1) Natural-born Filipino citizen; 2) At the day of election, at least twenty-five (25) years old; 3) Able to read and write; 4) Registered voter; and 5) Resident of the legislative district that he or she wishes to represent for not less than one (1) year immediately preceding the day of elections. Q: What are the qualifications of a party-list representative? BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way. Page 5 Disclaimer: BTX is not a fraternity. It is just what we call our brotherhood composed of former Legal Management students of San Beda College-Manila. Members: Kent Limpot, Yadj Juanico, Kevin Leus, Marben Silva, Allen Sopoco, King Defante, Justin Abraham, Nate Rebudal, Francis Geronimo, Monico Aggabao, Mikko Escoto, Jireh Bringas, Sockie Averia, Nur Dimapanat, Koko Quadra, RJ Baclig, Raven Libunao, Bennet Veloya, Mark Tamayo, Kiel Rivera, James Culla, Jupi Malabanan, Dring Ferrer, Gelle Obas, Daryl Plan, Rovin Feliciano, Atea Zara, Raven Libunao, Rommel Amador, Gregg Namin, Richard Siccion, Ali Manuel, Jim Alberto, Jasper Aquino

BTX San Beda College-Manila College of Law

A: (FUC-R) (Fucker) (1) Filipino citizen (2) Marginalized and underrepresented (3) Lack of well-defined constituencies. (4) There must be proportional representation Proportional representation here does not refer to the number of people in a particular district, because the party-list election is national in scope. Neither does it allude to numerical strength in a distressed or oppressed group. Rather, it refers to the representation of the "marginalized and underrepresented" as exemplified by the enumeration in Section 5 of the law; namely, "labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals Lack of well-defined constituencies refers to the absence of a traditionally identifiable electoral group, like voters of a congressional district or territorial unit of government. It points again to those with disparate interests identified with the "marginalized or underrepresented." (Ang Bagong bayani v. COMELEC) Justice Leus: “I eexplain ko lang sa tagalog para hindi niyo na imememorize at mas maintindihan. Proportional Representation- Ibig sabihin niyo may representation ang mga under represented, kung saan nationally, may mga members dun. Halimbawa mga matatanda. Lack of well-defined constituencies – Ibig sabihin nito dapat hindi nakaenclose sa iisang distrito lang. Kaya nga lack of well-defined constituencies. Halimbawa, mga matatanda, pasok sila kasi hindi lang naman sa Las Pinas may matatanda. Unlike kapag isa kang Congressman, ang constitutents mo ay ang nasa iisang distrito lang. Halimbawa nga ay sa Las Pinas lang. Dapat hindi madefine ung constituencies mo at nagrerefer lang siya depende sa kung anu ang nirerepresent mo. Halimbawa, Party-list representative ng mga may kapansanan sa bicol. Hindi pwede dahil may defined constituency, mga nasa bicol.” Inhibition and Prohibitions

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way. Page 6 Disclaimer: BTX is not a fraternity. It is just what we call our brotherhood composed of former Legal Management students of San Beda College-Manila. Members: Kent Limpot, Yadj Juanico, Kevin Leus, Marben Silva, Allen Sopoco, King Defante, Justin Abraham, Nate Rebudal, Francis Geronimo, Monico Aggabao, Mikko Escoto, Jireh Bringas, Sockie Averia, Nur Dimapanat, Koko Quadra, RJ Baclig, Raven Libunao, Bennet Veloya, Mark Tamayo, Kiel Rivera, James Culla, Jupi Malabanan, Dring Ferrer, Gelle Obas, Daryl Plan, Rovin Feliciano, Atea Zara, Raven Libunao, Rommel Amador, Gregg Namin, Richard Siccion, Ali Manuel, Jim Alberto, Jasper Aquino

BTX San Beda College-Manila College of Law

Q: Incompatible office A: It refers to any other office or employment in the government or any subdivision, agency, or instrumentality thereof including government-owned-or-controlled corporations (GOCCs) and their subsidiaries. Members of the Congress cannot hold an incompatible office. Q: Is the prohibition absolute? A: No. What is prohibited by the law is the simultaneous holding of the abovementioned office. Forfeiture of the seat in Congress automatically occurs upon assumption of an incompatible office. Purpose: To prevent owing loyalty to other offices. You cannot serve two masters at the same time. Q: What is a forbidden office? A: It is an office which has been created or the emoluments thereof increased during the term for which a particular member of the Congress was elected. Said member of the Congress cannot assume such office EVEN AFTER finishing his term. The prohibition is absolute in case of forbidden offices. Purpose: To prevent trafficking in public office. These are offices that would ensure a senator to a public office after the termination of his tenure. Q: What is the prohibition against personally appearing as a counsel? A: (1) Not to personally appear as counsel before any court; (2) not to be directly, or indirectly, interested financially in any contract with, or any franchise or special privilege granted by the Government; (3) not to intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office. (Section 14, Article VI) Exception: agent; firm Q: What are the legislative privileges? BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way. Page 7 Disclaimer: BTX is not a fraternity. It is just what we call our brotherhood composed of former Legal Management students of San Beda College-Manila. Members: Kent Limpot, Yadj Juanico, Kevin Leus, Marben Silva, Allen Sopoco, King Defante, Justin Abraham, Nate Rebudal, Francis Geronimo, Monico Aggabao, Mikko Escoto, Jireh Bringas, Sockie Averia, Nur Dimapanat, Koko Quadra, RJ Baclig, Raven Libunao, Bennet Veloya, Mark Tamayo, Kiel Rivera, James Culla, Jupi Malabanan, Dring Ferrer, Gelle Obas, Daryl Plan, Rovin Feliciano, Atea Zara, Raven Libunao, Rommel Amador, Gregg Namin, Richard Siccion, Ali Manuel, Jim Alberto, Jasper Aquino

BTX San Beda College-Manila College of Law

A: (1) Privilege from arrest; and (2) Privilege of speech and debate. Q: What is privilege from arrest? A: (Sec. 11) A Senator or Member of the House of Representatives shall, in all offenses punishable more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be question nor held liable in any other place for any speech or debate in the Congress or in any committee thereof. Ratio: To ensure representation of the constituents of the members of Congress by preventing attempts to keep him from attending the session Such immunity may be availed of when Congress is in session, whether regular or special and whether or not such legislator is actually attending a session. Q: What is privilege of speech and debate? A: Privilege of speech and debate- Ratio: To enable a legislator to express views bearing upon the public interest without fear of accountability outside the halls of the legislature for his inability to support his statements with the usual evidence required in the courts of justice. Requirements for privilege of speech: 1.) The remarks must be made while the legislature or the legislative committee is functioning (in session); 2.) They must be made in connection with the discharge of official duties. **Privilege of speech is not absolute since he may be called to account for his remarks by his colleagues in the Congress itself or punished for “disorderly behaviour”.

BTX Notes in Constitutional Law 1 Brotherhood. Trust. Xcellence. There’s no other way but the BTX Way. Page 8 Disclaimer: BTX is not a fraternity. It is just what we call our brotherhood composed of former Legal Management students of San Beda College-Manila. Members: Kent Limpot, Yadj Juanico, Kevin Leus, Marben Silva, Allen Sopoco, King Defante, Justin Abraham, Nate Rebudal, Francis Geronimo, Monico Aggabao, Mikko Escoto, Jireh Bringas, Sockie Averia, Nur Dimapanat, Koko Quadra, RJ Baclig, Raven Libunao, Bennet Veloya, Mark Tamayo, Kiel Rivera, James Culla, Jupi Malabanan, Dring Ferrer, Gelle Obas, Daryl Plan, Rovin Feliciano, Atea Zara, Raven Libunao, Rommel Amador, Gregg Namin, Richard Siccion, Ali Manuel, Jim Alberto, Jasper Aquino

BTX San Beda College-Manila College of Law

Justice Leus: Where does the power of Congress come from? Ibig sabihin paano nakuha yung power na yun. Section 11 Art. 6 No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof. **The phrase in any other place means that a member of the legislature cannot be made liable in places other than Congress. Hence, it is only in Congress that its members can be punished. NOTE: Two privileges are not available while the Congress is in recess. Is intended to leave legislator unimp...


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