Article Vi Philippine constitution (legistative department)

7/29/2019 Article Vi Philippine constitution (legistative department)

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Prepared by:Aguilar, Princess Alen I.

Daza, JeanettGuijo, CamilleGrepo, Gemma

Kalon, Al-Hadad


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Is essentially the authority under theconstitution to make laws and

subsequently , when the need arises, to

alter and repeal them.

THE PECULIAR TASK-

To prescribe General Rules for the government of

society with of course the enactment of it.

Law

refers to statutes which are the writtenenactments of the legislature governing the

relations of the people among themselves and the

government and its agencies.


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Defines the rights and duties of citizens

Imposes taxes

Appropriate funds

Defines crimes and provides for their punishment

Creates and abolishes government offices

Determine their jurisdiction and functions

IN GENERAL- REGULATES HUMAN

CONDUCT AND THE USE OF PROPERTY

FOR THE PROMOTION OF THE COMMON

GOOD


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It has been created in place of theunicameral set-up provided in the 1973ConstitutioN

ADVANTAGES OF BICAMERALISM A Second chamber (Senate) is necessary to serve

as a check to hasty and ill-considered legislation;

It serves as a training ground for future leaders;

It provides a representation for both regional andnational interest;

Less susceptible to bribery and control of big

interest;

It is traditional form of legislative body datingfrom ancient times; as such, it has been tested and

proven in the crucible of human experience.


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Has not work out as an effective fiscalizingmachinery

Although it affords a double consideration of bills,it is no assurance of better considered and betterdeliberated legislation

It produces duplication of efforts and seriousdeadlocks in the enactment of important measuresw/ the Conference committee of both houses,derisively called the third chamber, practicallyarrogating unto itself the power to enact law under

its authority to thresh out differences; All things being equal, it is more expensive to

maintain than a unicameral legislature

The prohibitive costs of senatorial elections havemade it possible for only wealthy individuals


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Plenary or General

Except to the extent reserved to the people by the

provision on initiative and referendum

Legislative powers not expressly delegated

deemed granted

The L-power of our congress are broader than to

the American congress, hence powers that cannotbe reasonably implied from the granted powers

are denied to the American Congress.


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Primary power is to legislate

GENERAL L-P

Power to enact laws intended as rules of conduct to

govern the relations among individuals and the

state.

Is Congress can enact any law? SPECIFIC POWERS

They are powers w/c the Constitution expressly

directs or authorizes Congress to exercise (e.g.

Power to Impeach)


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IMPLIED POWERS

They are essential or necessary to the effectiveexercise of the powers expressly granted. (e.g. To

punish for contempt)

INHERENT POWERS

They are powers w/c are possessed and can be

exercised by every government because they exist as

an attribute of sovereignty. (e.g. police power)


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PRESIDENTIAL SYSTEM UNDER THIS VIRTUE, THE PRINCIPLE IS

DEVIDED INTO THREE-3 DISTINCT CLASSES:

LEGISLATIVE

EXECUTIVE JUDICIAL

To promote governmental efficiency by insuring that all

functions of government are performed by the people,

especially assigned to discharged them.

Under this adopted system by the 1935 Charterand the present Constitution, The President is

elected directly by the people for a fixed term of

office


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It is observed along w/ the doctrine ofseparation of powers to make the

presidential system workable

The 3 co-equal departments are established

by the Constitution in as balance position aspossible. Therefore they have given certain

powers:

Checks by the President-the Pres may veto or

disapprove bills enact by the congressandthrough the pardoning power, he may modify or

set aside the judgments of the courts.


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Checks by Congress-they may override the veto of

the Pres, reject certain appointments unto the

Pres, impeach the pres and members of the

supreme court, etc

Checks by the Judiciary-w/ the Supreme Courtas the Final arbiter may declare legislative

measures or executive acts unconstitutional and

determine whether or not there has been a grave

abuse of discretion amounting to lack or excess ofjurisdiction on the part of the Congress of the

President.


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The senate shall be

composed of twenty-four

Senators who shall beelected at large by the

qualified voters of thePhilippines, as may be

provided by law.


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The term of office of the Senator shall be sixyears and shall commence, unless otherwise

provided by law, at noon on the thirtieth

day of June next following their election.

No Senator shall serve for more than two

consecutive terms. Voluntary renunciation

of the office for any length of time shall not

be considered as an interruption in the

continuity of his service for the full term

for which he was elected.


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Before they enter on their execution of theiroffice, the President, the Vice-President, orthe acting president shall take the oath ofaffirmation.

Oath or affirmation of the President, Vice-President, or Acting President

Oath is an outward pledge made under an

immediate sense of responsibility to God.


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The President shall have an official residence.The salaries of the president and Vice-Presidentshall be determined by law and shall not bedecreased during their tenure. No increase insaid compensation shall take effect until after theexpiration of the term of the incumbent duringwhich such increase was approved. They shall notreceive during their tenure any other emolumentfrom the government or any other source.

Official residence and compensation of thePresident and Vice-President


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1. The official residence of the President shall bedetermined by law.2. The annual compensation of the President and Vice-

President shall be provided by law.3. During their tenure of office, the President and Vice-

President shall not receive any other emolument (e.g.,

per diems, allowances, and any other remunerations)from the government or any other source.

4. The compensation of the President and Vice-President,as fixed by law, cannot be increased or decreased byCongress during their continuance in office.

5. The Constitution, in the Transitory Provisions, fixes the

initial annual salary of the president at P300,000.00 andthe Vice-President at P240,000.00. Congress mayprovide otherwise subject to Section 6. (Art. XVIII, Sec.17.)


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Section 7 The President-0elect and the Vice-President-

elect shall assume office at the beginning oftheir terms.

If the President-elect fails to qualify, theVice-President-elect shall act as Presidentuntil the President-elect shall have qualified.


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If a President shall not have been chosen, theVice-President-elect shall act as Presidentuntil a President shall have been chosen andqualified.

If at the beginning of the term of thepresident, the President-elect shall have diedor shall have become permanently disabled,the Vice-President-elect shall becomePresident


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Where no President and Vice-President shallhave been chosen or shall have qualified, orwhere both shall have died or becomepermanently disabled, the President of the

Senate or, in case of his inability, the Speakerof the House Representatives shall act asPresident until a President or a Vice-Presidentshall have been chosen or qualified.


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The Congress shall, by law, provide for themanner in which one who is to act asPresident shall be selected until a President ora Vice-President shall have qualified, in case

of death, permanent disability, or inability ofthe officials mentioned in the next precedingparagraph.


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Senator or Member of the HORin all offenses punishable by not

more than six yrs imprisonment,

be privileged from arrest whilethe Congress is in session. No

member shall be questioned nor

be held liable in any other placefor any speech or debate in the

Congress or in any committee

thereof.


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While congress is in session- Every member has the privileged for this, even he is

not attending session. Congress is considered in

session, regular or special, for as long as it has not

adjourned.

Aim of Privileges-

Intended to enable members of the Congress to

discharge their functions adequately and without

fear. (e.g. abused of freedom of speech)


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The immunity cannot be invoke

when:

The offense by reason of w/c the

arrest is made is punishable bymore than 6 yrs imprisonment. The

seriousness of the case cannot avail

the privilege. Congress is no longer in session and

the privilege is a personal one and

may be waived.


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Freedom from beingquestioned for speech and

debate

When Immunity cannot

be claimed

In any place otherthan in Congress

Aim of Privilege-to

protect themembers againstprosecution, butfor the benefit of

the people, byenabling theirrepresentatives todischarge their

functions.

The member is not actingas a member of theCongress, for he is notentitled to any privilegesabove his fellow citizens;

nor are the rights of thepeople affected if he isplacced on the sameground on which hisconstituents stand; and

The member is being

questioned in Congressitself, whenever said bodyconsiders that his wordsand conduct are disorderlyand unbecoming of amember thereof.


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WHEN PUBLIC TO BE INFORMED OF PRESIDENTSSTATE OF HEALTH:

- The problem was temporary highlighted during the

Presidency of Ferdinand Marcos 1993.* When his illness and lack of provision forsuccession exacerbated political and economicuncertainties.- In the case of serious illness of the President thepublic has a right to be informed of the state of hishealth, particularly during abnormal times, theConstitution declares that Cabinet members incharge of national security and foreign relations andthe Chief of Staff not be denied access to thePresident during illness


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Section13:The President, the Vice-Pre, the Members of theCabinet, and their deputies or assistants shall not,unless otherwise provided in this Constitution, holdany other office or employment during tenure.They shall not, during said tenure, directly orindirectly practice any other profession, participatein any business, or be financially interested in anycontract with, or any franchise, or special privilegegranted by the Government or any subdivision,agency, or instrumentality thereof, includinggovernment-owned or controlled corporations ortheir subsidiaries. They shall strictly avoid conflictof interest in the conduct of their office


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The spouse and relatives by consanguinity or affinitywithin the fourth civil degree of the President shallnot during his tenure be appointed as Members ofthe Constitutional Commissions, or the Office of theOmbudsman, or as Secretaries, Undersecretaries,chairmen or heads or bureaus of offices, includinggovernment-owned or controlled corporations andtheir subsidiaries.


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Section 14Appointments extended by an Acting Presidentshall remain effective, unless revoked by theelected President within ninety days from hisassumption or re-assumption of office.


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SEC. 15.

Two months immediately before the next

presidential elections and up to the endof his term, a President or Acting

President shall not make appointments,except temporary appointments to

executive positions when continuedvacancies therein will prejudice public

service or endanger public safety.


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(3)Allowed if made more than two (2) months before.

Appointments, whether permanent or temporary, to

executive or judicial position, extended by theincumbent or Acting President more than two (2)months preceding the date of the next Presidentialelection, are valid.

Section 15 prohibits are appointments, whetherpermanent or temporary, to executive positions, madewithin the two (2)-month period except in respect to

temporary appointments to executive positions whichhave to be filled immediately.

SEC. 16. The President shall nominate and, with the consent


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,of the Commission on Appointments, appoint the heads ofthe executive departments, ambassadors, other publicministers and consuls, or officers of the armed forces from

the rank of colonel or naval captain and other officers whoseappointments are vested in him in this Constitution. He shallalso appoint all other officers of the Government whoseappointments are not otherwise provided for by law, and

those whom he may be authorized by law to appoint. Thecongress may, by law, vest the appointment of other officerslower in rank in the President alone, in the courts, or in theheads of departments, agencies, commissions, or boards.

The President shall have the power to makeappointments during the recess of the Congress, whethervoluntary or compulsory, but such appointments shall beeffective only until disapproval by the Commission onAppointments or until the next adjournment of the Congress.


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Appointment is the act of designation by the

executive officer, board, or body to whom the power hasbeen delegated, of the individual who is to exercise thefunctions of a given office.

The power of appointment is intrinsically an executiveprerogative. The legislative body creates the office, definesits powers, limits its duration, and provides thecompensation. This done, its legislative power ceases. It has

nothing to do with designating the man to fill the office.The executive nature of the appointing power does not

imply that no appointment by Congress and the Courts canbe made. They may also appoint those officers who are

necessary to the exercise of their own functions.


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Only the officers in the first three (3) groups enumerated in

Section 16 are appointed by the President with the consent

(confirmation) of the Commission on Appointments.

(1) Department undersecretaries and heads of bureaus

and certain offices under the different departments which

are not called bureaus like the:

Securities and Exchange Commission

Insurance Commission

National Irrigation Administrationare no longer included among those whose appointments are to be

confirmed by the Commission on appointments.

The purpose is to insulate them from the baneful influence of partisanpolitics. They are civil service officers whose appointments are

supposed to be made only according to merit and fitness.

f


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(2) The members of the judiciary and theOmbudsman and his Deputies are appointed by thePresident upon recommendation of the Judicial and Bar

Council without need of confirmation by theCommission on appointments.

(3) The appointment of the Chairman and Membersof the Commission of Human Rights does not alsorequire confirmation by the Commission onAppointments.

Not subject to confirmation are the ranking officers of

the Philippine National Police (PNP) which is a civilianorganization distinct from the Armed Forces of thePhilippines (AFP).


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Kinds of presidential appointments


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(1) Submission to Commission on Appointments, -Appointments which are required to be submitted to theCommission on Appointments are either:

(a) regular appointments or those made during the sessions ofCongress (Sec. 16, par. 1.)

(b) ad interim appointments or those made during a recess ofCongress. (Ibid., par. 2.)

(2) Stages in regular appointments. - With respect to regularappointments subject to confirmation by the Commission onAppointments, the President issues a nomination as apreliminary to appointment, to be approved by theCommission on Appointments. So there is no appointment

yet in the strict sense until it is confirmed. It is clear that thereare (3) three stages in regular appointments, to wit:

Nomination by the President.

Consent by the Commission on Appointments

Appointment by the President.


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(1) Recess of Congress. The second paragraph Sec.

16 refers to ad interim appointments or appointmentsmade by the President during the recess of Congress,whether such recess is voluntary or compulsory.

Compulsory recess takes place when Congress adjourns.

voluntary recess is that which takes place before theadjournment of Congress, like a Christmas recess.

Under the Constitution, the Commission onAppointments, which approves major appointments ofthe President, meets only when Congress is in session.(Art. VI, Sec. 19.).

The recess appointment power keeps in continuousoperation the business of government when Congress isnot in session.


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( ) f th P id t d t t t th l


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(c) from the Presidents duty to execute the laws(see Secs. 5, 17);

(d) from the Presidents control of all departments,

bureaus and offices (Sec. 17.); and

(e) from the provision that no officer or employeein the Civil Service shall removed or suspended exceptfor cause provided by law. (Art. IX, B-Sec. 2[3].)

(3) Removal power of other offices Where the power to

appoint is vested by law in the courts, the heads ofdepartments.

Congress may also provide that those appointed maybe removed by them, subject to such restrictions as itdeems best to impose for the public interest.


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(1) With respect to officers exercising purely executivefunctions whose tenure is not fixed by law(i.e., members of the

Cabinet), the President may remove them with or withoutcause and Congress may not restrict such power.

(2) With respect to officers exercising quasi-legislative orquasi-judicial functions (e.g., members of the Securities andExchange Commission), they may be removed only on grounds

provided by law to protect their independence on the dischargeof their duties;

(3) With respect to constitutional officers removable only bymeans of impeachment(see Art. XI, Sec. 2), and judges of lower

courts (Art. VIII, Sec. 11), they are not subject to the removalpower of the President; and

(4) With respect to civil service officers, the president mayremove them only for cause as provided by law. (Art. IX,B-Sec.2[3].)


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The power to grant pardon and other acts ofclemency to violators of the law istraditionally vested in chief Executive of thenation.


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ReprieveIs the postponement of the execution of adeath sentence to a certain date.

Suspension of sentenceIs the postponement of a sentence for anindefinite time.


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Act of grace proceeding from the powerentrusted with the execution of the laws(president) which exempts the individual onwhom it is bestowed, from the punishment

the law inflicts for a crime he has committed.


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The reduction of the sentence imposed to alesser punishment, as from death to lifeimprisonment.


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1. It may not be exercised for effenses inimpeachment cases.2. It may be exercised only after conviction by

final judgment.

3. It may be exercised over civil contempt (asfor refusing to answer a proper questionwhen testifying as a witness in a case)

4. In case of violation of election law or rules

and regulations, no pardon, parole orsuspension of sentence may be grantedwithout the recommendation of thecommission on elections.


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1. It removes penalties and disabilities andrestores him to his full civil and politicalrights;

2. It does not discharge the civil liability of the

convict to the individual he has wronged asthe president has no power to pardon aprivate wrong

3. It does not restore offices, property, or

rights vested in others in consequence ofthe conviction.


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The president has the power to remit finesand forfeitures for all offenses after finalconviction. This power may not be exercisedby any officer other than the president. But

congress may constitutionally authorize otherofficers such as heads of departments orbureau chiefs to remit administrativefinesand forfeitures.


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Remission prevents the collection of finesor the confiscation of forfeited property

Meaning of Amnesty:- act of the sovereign power granting oblivionor a general pardon for a past offense usuallygranted in favor of certain classes of personswho have committed crimes of a politicalcharacter, such as treason, sedition, orrebellion.


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3. Pardon is granted for infractions of the peace ofthe state, while amnesty, for crimes against thesovereignty of the state (i.e political offenses)

4. Pardon is a private act of the president which

must be pleaded and proved by the person whoclaims to have been pardoned, because thecourts take no judicial notice thereof, whileamnesty by proclamation of the president withthe concurrence of the congress is a public act ofwhich the courts will take judicial notice.


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Executive agreements which have beentraditionally recognized in the Philippines tobe well within the prerogative of the Presidentto make without need for legislative

concurrence.


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There are two general steps in the entiretreaty-making process, namely :

1. Negotiation. In the field of negotiation,President alone has the sole authority. The

reason is that secrecy, dispatch, and accessto information are essential ingredients inthis task which the president alonepossesses.


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Budgetary power of the president.The president is entrusted by the constitutionwith the task of preparing the budget ofreceipts and expenditures based on existing

and proposed revenue measures and othersources of financing (e.g. loans) andsubmitting it to congress within 30 days fromthe opening of each regular session.


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The president shall address and congress at theopening of its regular session. He may alsoappear before it at any other time.Prerogative to address and appear beforecongress.This provision furnishes an opportunity on the part

of the president at the opening of the regularsession of Congress to give information on the

state of the nation and to recommend to theconsideration of the legislative body suchmeasures are, of course, merely proposals.

Documents

Article Vi Philippine constitution (legistative department)