Democracy in Legislative Branch Democracy: legislative branch

>Through the laws, the legislature defines the rights and duties of citizens, imposes taxes, appropriates
funds,defines crimes and provides for their punishment,creates and abolishes government
offices,determines their jurisdiction and functions, and in general, regulates human conduct and the use
of property for the promption of the common good.

>Their is classification of power in Congress

-General legislative power

-Specific Powers

-Implied Powers

-Inherent Powers

>There is separation of powers

-Presidential System

Parliamentary System

French presidential

-parliamentary system

>Principle of Check and balances

-Check by the President

-Checks by Congress

-Checks by the Judiciary

>The senators are elected at large (nationwide) by the qualified voters as may be provided by law and
shall follow the qualifications to run for the office

>The term of office for a senator is 6 years.

>The House of representatives shall be elected from legislative dictricts and through a party-list system
of registered national, regiobal and sectoral parties or organizations and shall follow the qualifications to
run for the office

>the term of office for a representative is 3 years.

>Sec.9: In case of vacancy in the Senate or in the House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term.
>Election for Members of Congress

-Regular election

-Special Election

>Sec 10: The salaries of Senators and Members of the house of Representatives shall be determined by
law.No increase in said compensation shall take effect until after the expiration of full term of all the
Members of the Senate and House of Representatives approving such increase.

>Sec 11: A senator or member of the House of Representative shall, in all offenses punishable by not
more than six years imprisonment,be privileged from arrest while the Congress is in session. -Freedom
from being questiones for speech and debate

>Sec 12: All members of the senate and the House of Representatives shall, upon assumption of
office,make a full disclosure of their financial and business interests. They shall notify the House
concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of
which they are authors

>Sec. 20: The records and books of accounts of the Congress shall be preserved and be open to the
public in accordance with law, and such books shall be audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid to and expenses incurred for each member.

>Sec 21: The senate of the House of Representatives or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.

> the rules promulgate should not ignore constitutional restraints or violate fundamental rights. >the
fact that the constitution expressly gives each house the power to punish its members for disorderly
behavior

>-there are also limitations of the legislative branch and with that, in legislative investigations, as in the
courts of justice, the constitutional rights (eg. rights against self- incrimination, right to counsel) of
persons appearing in or affected by such injuries must be respected > regarding their budget, their
budget is consists of statements of estimated receipts from revenues and expenditures for the calendar
on which it is intended to be effective based on the results of operations during the preceding calendar
year.

> As said in Sec.28, there is Uniformity and Equity in Taxation >Sec.31: No law granting a title of royalty
or nobility shall be enacted.
In Executive:

-the president and the vice president shall be elected by direct vote of the people for a term of six years
-the constitution retains the system of direct popular election of the president despite criticism for
abetting massive vote and other undesirable practices; the people should not be deprived of the right to
choose the head of their government, considering that, having exercised it since 1935, this right has
acquired special significance for them

-the suspension of the privilege shall apply only with respect to persons judicially charged for rebellion
or offenses inherent in or directly connected with invasion

-section 2 of article 7 states the qualifications of the president

-the president may be removed from office by congress by means of impeachment

-a vice president cannot serve for more than 2 successive terms but is still eligible for election as
president

-the prohibitions against re- election of the president also widens the base leadership. In theory, no
man is indispensable in a democracy, and any person, no matter how good he is, may be replaced by
others equally good.

-the president shall have control of all the executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.

-with respect to civil service officers, the president may remove them only for cause as provided by law -
the president shall be the commander in chief of all armed forces of the Philippines and whenever it
becomes necessary he may call out such armed forces to prevent or suppress lawless violence, invasion
or rebellion

In Judiciary:

- there is a right. A right may be defined as a power or privilege which a person (obligee/creditor) has
under the law to demand action of forbearance from another (obligor/ obligee)

-Sec 9: The members of the Supreme Court and judges of lower courts shall be appointed by the
President from a list of at least three nominees prepared by the Judicial and Bar Council for every
Vacancy. Such appointments need no confirmation.

-Sec.10: the salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges
of lower courts shall be fixed by law. During their continuance in office, their salary shall not be
decreased

-Sec. 14 No decisions shall be rendered by any court without expressing therein clearly and distinctly the
facts and the law in which it is based.
-in a democracy, the court enjoy independence, that is, they are free to perform their functions without
interference from the executive or legislative branch of the government.

-congress may not deprive the supreme court of the constitutional powers granted to it.

-there are certain qualifications for members of the suoreme court

-the congress shall have the power to define, prescribe, and apportion the jurisdiction of the various
courts but my not be deprive the supreme court of its jurisdiction over cases enumerated in section 5 of
article 8