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 hearing

Case: 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

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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)

Review Questions on Constitutional Law I Page 7

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 suspension

HANDOUT NO. 5 LEGISLATIVE DEPARTMENT PART II

ELECTORAL 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

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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

Review Questions on Constitutional Law I Page 7

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