Poli Midterm by Carlo Cruz
Poli Midterm by Carlo Cruz
Poli Midterm by Carlo Cruz
When a foreign power occupies a state and exercises the powers of government,
the political laws of the said state are deemed automatically suspended but the former
government and the political laws so suspended shall automatically come to life and
will be in force and in effect again upon the re-establishment of the former government.
Under Art. VI of the 1987 Constitution, the enactment of revenue and tariff bills
is within the province of the Legislative Department. However, under the same
constitutional provision, The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may impose, tariff
rates, import and export quotas, tonage and wharfage dues, and other duties or imposts
within the framework of the national development program of the Government. The
relevant congressional statute is the Tariff and Customs Code of the Philippines.
5. EXECUTIVE PRIVILEGE
Any action or step beyond that will undermine the separation of powers
guaranteed by the Constitution.
7. PDAF ARTICLES
PDAF is a form of “Pork Barrel” adopted since year 2000 which refers to an
appropriation of government spending meant for localized projects and secured solely
or primarily to bring money to a representative's district. Locally, it refers to a lump-
sum, discretionary funds of Members of the Legislature, although its usage would
evolve in reference to certain funds of the Executive.
8. FISCAL AUTONOMY
Fiscal autonomy means freedom from outside control. Under Sec. 3, Art. VIII of
the 1987 Constitution, appropriations for the Judiciary may not be reduced by the
legislature below the amount appropriated for the previous year and, after approval,
shall be automatically and regularly released.
The Constitution itself grants the Judiciary fiscal autonomy in the handling of its
budget and resources. Full autonomy, among others,6 contemplates the guarantee of full
flexibility in the allocation and utilization of the Judiciary’s resources, based on its own
determination of what it needs.
The National Territory comprises the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas.
(Archipelagic Doctrine) The waters around, between and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters
of the Philippines. [Sec.1, Art. I, 1987 Philippine Constitution]
Section 16(3), Article VI of the Constitution provides that each House of the
Congress may determine the rules of its proceedings, punish its Members for disorderly
behavior, and with the concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed sixty days.
Thus, it is within the exclusive discretion of each House to formulate and
interpret Rules for the orderly conduct of their sessions, and may not be judicially
reversed. However, the courts may annul any expulsion or suspension of a member that
is not concurred in by at least two-thirds of the entire body or any suspension meted out
by the legislature, even with the required two-thirds vote, as to any period in excess of
the 60-day maximum duration. These are procedural matters and therefore justiciable.
But the interpretation of the phrase "disorderly behavior" is the prerogative of
Congress and cannot as a rule be judicially reviewed. The matter comes in the category
of a political question. Accordingly, the Supreme Court did not interfere when the
legislature declared that the physical assault by one member against another, or the
delivery of a derogatory speech which the member was unable to substantiate,
constituted "disorderly behavior" and justified the adoption of disciplinary measures.
Section 27(1), Article VI of the Constitution states that every bill passed by the
Congress shall, before it becomes a law, be presented to the President. If he approves the
same, he shall sign it, otherwise, he shall veto it and return the same with his objections
to the House where it originated
Every bill passed by Congress must be presented to the President for approval or
veto. In the absence of presentment to the President, no bill passed by Congress can
become a law. In this sense, law-making under the Constitution is a joint act of the
Legislature and of the Executive. Assuming that legislative veto is a valid legislative act
with the force of law, it cannot take effect without such presentment even if approved by
both chambers of Congress.