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Constitutional Law 1: Midterms Codal Provision (Decoded)

ARTICLE 6 TERMS after the ratification of Constitution, one-half of the seats allocated
LEGISLATIVE DEPARTMENT to party list representatives shall be filled by selection or election from
SEC. 1: Legislative Power labor, peasant, urban poor, indigenous cultural communities, women, youth,
The Legislative power shall be vested in the Congress of the Philippines and such other sectors as may be provided by law, except religious sector
which shall consist of a Senate and a House of Representative, [COMPOSITION OF PARTY-LIST REPRESENTATIVE]
EXCEPT to the extent reserved to the people by the provision on initiative 3. Each Legislative district shall comprise, as far as practicable, contiguous,
and referendum compact and adjacent territory. Each city with a population of at least 250K,
SEC. 2: Composition of Senate or each province, shall have at least 1 rep [REQUISITE/ REQUIRED
HOW MANY SENATORS: Senate shall be composed of TWENTY- NUMBER TO BE ENTITLED A REPRESENTATION/ MANNER OF
FOUR SENATORS REAPPORTIONMENT]
HOW ARE THEY ELECTED: who shall be elected AT LARGE by the
4. Within 3 years following the return of every census, the Congress shall
qualified voters of the Philippines, as may be provided by law.
make reapportionment of legislative district based on standards provided in
SEC. 3: Qualifications of a Senator
this section [REAPPORTIONMENT]
Natural-born citizen of the Philippines SEC. 6: Qualification of a Member of HR
35 years old on the day of election
Natural-born citizen of the Philippines
Able to read and write
At least 25 years old on the day of election
Registered voter
Able to read and write
Resident of the Philippines for not less than 2 years immediately preceding
Registered voter in the district in which he shall be elected (except for
the day of election
party-list representative)
SEC. 4: Term of Senator
Resident of the district for a period of not less than 1 year immediately
term of office shall be SIX YEARS and shall commence, unless otherwise preceding the election (except for party-list representative)
provided, at NOON OF JUNE 30 next following their election
no Senator shall serve for more than 2 CONSECUTIVE TERMS (they NOTE: Congress cannot change the qualification
may serve for more than 2 terms provided that terms are not consecutive) SEC. 7: Term of Office of HR
Voluntary renunciation of office for any length of time shall not be shall be elected for a term of THREE YEARS which will begin , unless
considered as an interruption in the continuity of his service for full term for otherwise provided by law, at NOON OF JUNE 30 next following their
which he was elected election
no member shall serve for more than 3 CONSECUTIVE TERMS (may run
SEC. 5: Composition of HR
for more than 3 terms but are not successive)
1. House of Representative shall be composed of NOT MORE THAN 250,
unless otherwise provided by law, who shall be elected from Voluntary renunciation of the office for any length of time shall not be
LEGISLATIVE DISTRICT apportioned among the provinces, cities, and considered as an interruption in the continuity of his service for the full term
Metropolitan areas in accordance with the number of their respective for which he was elected
inhabitants, and ON THE BASIS OF UNIFORM AND PROGRESSIVE
RATIO, and those who, as provided by law, shall be elected through a SEC. 8: Regular Election of Senate and HR
PARTY-LIST SYSTEM OF REGISTERED NATIONAL, REGIONAL, Regular election of Senators and HR shall be held on 2nd MONDAY OF MAY
and SECTORAL PARTIES OR ORGs [COMPOSITION AND SEC. 9: Special Election to Fill Vacancies
MANNER OF ELECTION OF HR] in case of vacancy in Senate or HR, SPECIAL ELECTION may be called to
fill such vacancy in a manner prescribed by law
2. The Party-list representatives shall constitute 20% of the total number of Senator of Member of HR thus elected shall serve only for the unexpired
representatives including those under the party list. For 3 CONSECUTIVE term

ALL IS WELL! KEEP GOING! By Joseph Asuncion 1


Constitutional Law 1: Midterms Codal Provision (Decoded)

SEC. 10: Salary of Senate and HR Sec. 15: Regular and Special Session
Salaries of Senators and Members of HR shall be determine by law Congress shall convene once every year on 4th MONDAY OF JULY for its
no increase in said compensation shall take effect until the expiration of the regular session, unless a different date is fixed by law, and shall continue to
full term of all members of the Senate and the House approving such be in session for such number of days as it may determine until 30 days
increase before the opening of its next regular election, EXCLUSIVE OF
SATURDAYS, SUNDAYS, and LEGAL HOLIDAYS
SEC.11: Parliamentary Immunity and Freedom of Speech President may call a special session at ANY TIME
Senator or Members of HR, in all offenses punishable by not more than 6 Sec. 16: Officers of Congress/ Journal/ Record
years imprisonment, be privileged from arrest while Congress is in session 1. The Senate shall elect its President and the HR its speaker, by majority vote
No member shall be questioned nor ne held liable in any other place for any of all its respective members; Each house shall choose such other officers as
speech or debate in Congress or in committed thereof it may deem necessary
SEC. 12: Disclosure of Financial and Business Interest 2. Majority of each House shall constitute a QUORUM to do business, but a
All members of the Senate and HR, upon assumption of office, make FULL smaller number may adjourn from day to day and may compel the
DISCLOSURE of their financial and business interest attendance of absent members in such manner, and under such penalties, as
They shall notify the House concerned of a potential conflict of interest that such House may provide
may arise from the filling of a proposed legislation of which they are 3. Each House may determine the rules of its proceedings, punish its members
authors for disorderly behavior, and with the concurrence of 2/3 of all its members,
suspend or expel a member. A penalty of suspension, when imposed, shall
SEC. 13: Incompatible and Forbidden Office not exceed 60 DAYS
No senator or member of HR may hold any other office or employment in
4. Each house shall keep a JOURNAL of its proceedings, and from time to
the GOVERNMENT, or ANY SUBDIVISION, AGENCY, or
time publish it, expecting such parts as may, in its judgment, affect national
INSTRUMENTALITY thereof including GOCC or their SUBSIDIARIES
security; and YEAS AND NAYS on any question shall, at the request of 1/5
during his term with FORFEITING HIS SEAT of the members present, entered in the Journal
Neither he shall be appointed to any office which may have been created or
the emoluments thereof increased during the term for which he was elected Each house shall also keep a record of its proceedings
SECTION 14 [PROHIBITION ON MEMBERS OF CONGRESS RELATIVE 5. Neither house during the sessions of the Congress shall, without consent of
TO PRACTICE OF PROFESSION/ Fiduciary Offices]
the others, adjourn for more than 3 days, nor any other place than that in
No Senator or Member of HR may personally appear as counsel, before any which the two house shall be sitting
court of justice or before electoral tribunals, quasi-judicial, and other
administrative bodies Sec. 17: Electoral Tribunal, its composition
Neither shall he, directly or indirectly, be interested in any contract with any The Senate and HR shall each have an ELECTORAL TRIBUNAL, which
franchise, or special privilege granted by the government, or any shall be the sole judge of all contest relating to the election, returns, and
subdivision, agency, or instrumentality, including GOCC and its subsidiary
qualification of their respective members
during term of office
Each House shall be composed on of 9 members: 3 Justices of SC as
Shall not intervene in any matter before any office of government for his
pecuniary benefit or where he may be called upon to act on account of his appointed by Chief Justice; 6 shall be member of Senate or HR who shall be
office chosen on proportional representation from the political parties and the
parties registered under the party-list system represented therein.
NOTE: Prohibition is PERSONAL The Senior Justice in the Electoral Tribunal shall be its Chairman

ALL IS WELL! KEEP GOING! By Joseph Asuncion 2


Constitutional Law 1: Midterms Codal Provision (Decoded)

Sec. 18: Commission on Appointments international or EA, law, presidential decree, proclamation, order,
There shall be CA consisting of Senate President as ex-officio chairman; 12 instructions, ordinance, or regulation in question
Senators; 12 members of HR, elected by each House on the basis of b. All cases involving the legality of any tax, impost, assessment, or toll,
proportional representation or any penalty imposed in relation thereto
The Chairman of Commission shall not vote, except in case of tie. c. All cases in which the jurisdiction of any lower court is in issue
Commission shall act on all appointments submitted to it within 30 d. All criminal cases in which the penalty imposed is reclusion perpetua
SESSION DAYS of the Congress form their submission or higher
Commission shall rule by a majority vote of all its members e. All cases in which only an error or question of law is involved
Sec. 19: Manner of Decision of CA 3. Assign temporary judges of lower courts to other stations as public interest
may require. Such temporary assignment shall not exceed 6 months without
Electoral Tribunal and CA shall be constituted within 30 days after the
prior consent of the judge concern
Senate and HR shall have been organized with the election of the President
4. Order a change of venue or place of trial to avoid a miscarriage of justice
and Speaker
5. Promulgate rules concerning the protection and enforcement of constitution
CA shall meet only while the Congress is in session, at the call of its
rights, pleadings, practice of law, the Bar, legal assistance to the
Chairman or a majority of all its members, to discharge such powers and
underprivileged. Such rules shall provide a simplified and inexpensive
functions given
procedure for the speedy disposition of cases, shall be uniform for all courts
Sec. 32: Peoples Initiative on Laws
of the same grade, and shall not diminish, increase, or modify substantive
The Congress shall, as early as possible, provide for a system of rights. Rules of procedure of special courts and quasi-judicial bodies shall
INITIATIVE AND REFERENDUM, and the exception therefrom, where remain effective unless disapproved by the SC
by people can directly propose and enact laws or approve of reject any act 6. Appoint all officials and employees of the Judiciary in accordance with the
or law or part therefor passed by the Congress or local legislation body after Civil Service Law
the resignation of any petition therefor ARTICLE 11
signed by at least 10 percent of the total number of registered voters, of Accountability of Public Officials
which evert legislative district must be represented by at least 3 percent of Sec.2: Grounds for Impeachment and Impeachable Officers
the registered voters thereof
WHO MAY BE REMOVED THROUGH IMPEACHMENT
ARTICLE 8
(EXCLUSIVE)
Judicial Department 1. President
Sec. 1: Judicial Power 2. Vice- President
Judicial power shall be vested in ONE SUPREME COURT and is such 3. Members of the SC
lower courts as may be established by law 4. Members of Constitutional Commission
JUDICIAL POWER includes: 5. Ombudsman
a. Duty of the courts of justice to settle ACTUAL CONTROVERSIES GROUNDS FOR IMPEACHMENT
involving rights which are legally demandable and enforceable 1. Conviction of, culpable violation of the Constitution
b. To determine WON there has been a GADALEJ on the part of any 2. Treason, bribery, graft and corruption, other high crimes (no act is high
branch or instrumentality of the government crime unless there is a law forbidding and punishing it)
Sec. 5: Powers of the Supreme Court 3. Betrayal of public trust
1. Exercise original jurisdiction over cases affecting ambassadors, other All other public officers and employees may be removed from office as
public ministers, and consuls; petitions for certiorari, prohibition, provided by law, but not impeachment
mandamus, quo warranto, and habeas corpus Sec. 3: Impeachment Procedure
2. Review, revise, reverse, modify, or affirm on appeal or certiorari as the law 1. HR shall have the EXCLUSIVE POWER to initiate all cases of
or the Rules of Court may provide, final judgments and orders of lower impeachment
courts in: 2. VERIFIED COMPLAINT for impeachment may be filed by any member of
a. All cases in which the constitution or validity of any treaty, HR or by citizen upon a resolution of ENDORSEMENT by any Member,
ALL IS WELL! KEEP GOING! By Joseph Asuncion 3
Constitutional Law 1: Midterms Codal Provision (Decoded)

which shall be included in the Order of Business within 10 session days, NOT SELF-EXECUTORY: Congress shall provide for the
and referred to the proper committee within 3 SESSIONS implementation of the exercise of this right
- The COMMITTEE, after hearing, and by MAJORITY VOTE OF ALL ITS
MEMBERS, shall submit its report to the House within 60 SESSION Sec. 3: How Constitutional Convention may be called
DAYS from such referral Congress, may by vote of 2/3 of all its members, call a Con-Con
- Resolution shall be calendared for the consideration by the House within 10 Or by majority vote of all its Members, submit to the electorate the question
SESSION DAYS from receipt thereof of calling such a convention
3. A vote of at least 1/3 of all the members of the House shall be necessary Sec. 4: Ratification through Plebiscite
either to affirm a favorable resolution, or override its contrary resolution HOW AMENDMENT THROUGH CON-CON IS RATIFIED
- Vote of each member shall be recorded By majority of the votes cast in a plebiscite
4. In case of verified complaint of impeachment is filed by at least 1.3 of the Plebiscite shall be held not later than 60 days nor later than 90 days
members of the house, it shall constitute the Articles of Impeachment, and after the approval of such amendment or revision
trial by the Senate shall proceed
5. No impeachment proceedings shall be initiated against the same official
HOW AMENDMENT THROUGH INITIATIVE IS RATIFIED
more than once within the period of one year
When ratified by a majority of the votes cast in the plebiscite which
6. The SENATE shall have the sole power to try and decide all cases of shall be held not earlier than 60 days nor later than 90 days after the
impeachment
certification by the COMELEC of the sufficiency of the petition
- When sitting for that purpose, the Senators shall be on oath or affirmation
- When the PRESIDENT is on trial, CJ of SC shall preside but shall not vote
- No person shall be convicted without the concurrence of 2/3 of the members
of Senate
7. Judgment in cases of impeachment shall not extend further than removal
from office and disqualification to hold any office under RP
- But the party convicted shall nevertheless be liable and subject to
prosecution, trial, and punishment according to law
The CONGRESS shall promulgate its rules on impeachment to effectively carry
out the purpose of this section

ARTICLE XVII
AMENDMENTS OR REVISIONS
Sec. 1: Who Can Propose Amendment and Revision of Constitution
The CONGRESS, upon a vote of of all its members
A CONSTITUTIONAL CONVENTION
Sec. 2: Rule Regarding Amendments proposed by the people through
INITIATIVE
Amendment of Constitution through peoples initiative upon a petition of at
least 12% of the total number of registered voters, of which every legislative
district must be represented by at least 3% of registered voters therein
LIMITATION ON THE EXERCISE
a. No amendment under this section shall be authorized within 5 years
following the ratification of this Constitution
b. Nor oftener than once every five years thereafter

ALL IS WELL! KEEP GOING! By Joseph Asuncion 4

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