Handout No. 4 Legislative Department Part I: Review Questions On Constitutional Law I Page 7
Handout No. 4 Legislative Department Part I: Review Questions On Constitutional Law I Page 7
Handout No. 4 Legislative Department Part I: Review Questions On Constitutional Law I Page 7
Case: US vs Pons
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.
6. Sessions
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
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)
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
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