DEFINITIONS:1. Legislative Power

Legislative Power is the power to make, amend and repeal laws. Legislative power is vested on the Congress which consists of the House of Representatives and the Senate.2. Contingent legislation

Legislation which leaves to another body the business of ascertaining the facts necessary to bring the law into actual operation3. Delegation of rule making powers

What is delegated to the administrative body is not the law making power but the rule making or implementation of the law.4. Party list system of representation

System wherein registered national, regional and sectoral parties or organizations which seeks to promote representation among the underrepresented and marginalized sectors of society who would otherwise be defeated by large political parties.5. Gerrymandering

Formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party is not allowed.6. Domicile and residence

Domicile is the place of habitual residence

It requires bodily presence in the place, an intention to abandon the former domicile and intention to remain and establish a new domicile.

7. Quorum

Number of members necessary to perform official functions Majority of all the members constitute a quorum8. Enrolled Bill

Final copy of a bill which bears the signature of the Senate President, the Speaker and the President of the Philippines and the certification by the secretaries of both Houses that such bill was passed

It is conclusive upon courts

9. Enrolled bill doctrine

The signing of a bill by the Speaker of the House and the Senate President and the certification of the secretaries of both houses of Congress that such bill was passed is conclusive of its due enactment

10. Investigations in aid of legislation power of inquiry

Congress has the power to conduct inquiries in aid of legislation wherein everyone may be summoned to testify before it.11. Oversight function question hour

Congress may exercise its oversight function which is to ensure that the laws it passed are properly implemented and if the laws are working properly. In order to do this, it may summon heads of departments. However, they may not be compelled to attend such inquiries.12. Money bills

Bills used to raise revenue

Revenue bills, appropriation bill, tariff bills,

Money bills must originate from the House of Representatives.

13. Riders

Riders are inappropriate provisions included in the General Appropriations Act which are not related to or germane to the subject of the bill.14. Method of passing bills

15. Conference committee

The joint committee formed by both houses of Congress tasked to reconcile amendments proposed by each house to the bill.16. Item veto

17. Doctrine of Inappropriate provisions

A provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item.

18. Executive impoundment

Refusal of the president to spend funds made available by Congress19. Power to tax

The power to tax is the governments means to raise revenue. It is also referred to as a tool for regulation and a power to keep alive. It is an instrument of national economic and social policy.

20. Progressive system of taxation

Tax increases as the tax base increases

21. Pork barrel

22. Executive Privilege

The power of the President to withhold information from the public, Congress and courts.

23. Classifications of Communications covered by Executive Privilege

Military or state secrets Identity of government informers in some circumstances, Information related to pending investigations Foreign relations24. Elements of Presidential Communications Privilege

The protected communication must relate to a "quintessential and non-delegable presidential power.

The communication must be authored or "solicited and received" by a close advisor of the President or the President himself. The judicial test is that an advisor must be in "operational proximity" with the President.

The presidential communications privilege remains a qualified privilege that may be overcome by a showing of adequate need25. Pr esidents immunity from suit

The President is immune from any suit during his tenure as President. However, once out of office, he is no longer immune from all suits. He may not be charged with cases involving acts which were done in the performance of his duties as President during his term of office.

26. Midnight appointments

Midnight appointments are those appointments made by the President 2 months before the next presidential elections for partisan considerations.

27. Ad interim appointments

Ad interim appointments are permanent in nature and takes effect immediately. They may be extended only to positions requiring confirmation by the Commission on Appointments. Such appointments are effective only until the Commission on Appointments disapproves or until the next adjournment of Congress. They may only be extended to positions requiring the confirmation by the Commission on Appointments.28. Appointments in an acting capacity

Appointments in acting capacity are temporary in nature and may be revoked by the President any time he pleases. Such appointments may be extended to any position in the Executive department, even those not requiring confirmation.29. Power to control

The power of control is the power of an officer to repeal, alter, modify or reverse the judgment of a subordinate officer and substitute it with his own judgment. This power extends even to decisions of subordinates, which are legal.30. Doctrine of Qualified political agency

The doctrine of qualified political agencies states that all executive and administrative agencies are adjuncts of the Executive department. Department heads are considered as alter egos of the President. Their actions are presumed to be the actions of the President unless the President revokes such actions. (Villena vs. Secretary of Interior)31. Power to remove

The power to remove an official comes from the power of the President to appoint.

32. Power of supervision

The power of supervision is the power to ensure that all laws are faithfully executed. It is the power of an official to determine whether or not the actions of his subordinates are legal or illegal.

33. Call out power

The President may call out the armed forces to prevent or suppress lawless violence, invasion or rebellion

This power is not subject to Congress or judicial review.

34. Writ of Habeas Corpus

The writ of habeas corpus is a written document ordering the military or police to bring the detainee to court and show cause why the person should remain in detention. The privilege gives detainees instant release and freedom. The privilege benefits those who are detained. When the privilege is suspended, the detainees are allowed to be kept in detention and those who are in charge of the detainee may be allowed not to show the person in court.35. Martial law

Martial law has no clear definition because it is defined on a case-to-case basis. It may be said that martial law is intensified police power. The military is called to assist the police in keeping peace and order in the country. The president as Commander in Chief may declare martial law throughout the whole Philippines or a part thereof. Its duration is limited to 60 days but it may be shortened or extended by Congress by majority vote, voting jointly. To validly declare martial law, there must be an actual invasion or rebellion and public safety requires it.

36. International Agreements that need concurrence of the Senate

Executive agreements which are original and permanent in nature or which establish national policy require concurrence. Executive agreements which are merely implementation of treaties or statutes do not require the concurrence of the Senate.37. Pardon

Pardon is an act of grace of the Executive which exempts the individual from the punishment the law inflicts on a crime he has committed. It is a private act which must be pleaded and proved by the person pardoned. Pardon looks forward and relieves the offender from the consequences of an offense. However, it does not exempt the offender from paying civil indemnity. 38. Reprieves

A reprieve causes a delay or postpones the execution of the punishment against an offender.

39. Commutations

It is a remission of a part of the punishment. It is a substitution of a less penalty for the one originally imposed.40. Remission of fines and forfeitures

It prevents the collection of fines and confiscation of forfeited property.41. Amnesty

Amnesty denotes a general pardon to rebels for political offenses. It is a public act which may only be granted with the concurrence of the Congress. It is granted to classes of persons guilty of political offenses. It may be granted before the prosecution or after the final conviction. It completely obliterates the offense including civil liabilities.42. Judicial power

Judicial power is the power of the courts to settle actual controversies involving rights which are enforceable and legally demandable and to determine whether there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

43. Abuse of discretion

Capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction44. Declaratory Relief

An action by any person interested under a deed, will, contract or any written instrument or whose rights are affected by a statute, ordinance, EO or regulation to determine any question or validity arising from the instrument, order or statute and for a determination of his rights or duties thereunder45. Advisory Opinion

Response to a legal issue posed in the abstract in advance of any actual case46. Moot case

A moot case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value47. Political question doctrine

Those questions which are to be decided by the people in their sovereign capacity or in regard to which full discretionary authority has been delegated to the legislative or executive department48. Judicial power to control execution

The Supreme Court has the power to control the execution of all the punishments it provides. Once a sentence has been pronounced, the Court may no longer amend or modify its decision but it still retains its jurisdiction to execute and enforce its judgment.49. Judicial fiscal autonomy

Appropriations for the judiciary may not be reduced by the Legislature below the amount appropriated for the previous year and after approval, the money shall be regularly and automatically released.

50. Judicial review

Judicial review is the power of the courts to declare a law, treaty, ordinance, presidential decree, order, or any instruction unconstitutional.

51. Legal standing

Person who impugns the validity of a statute must have a personal and substantial interest in the case such that he has sustained or will sustain direct injury as a result of its enforcement. 52. Bar integration

Official unification of the lawyer population of the Philippines53. Ex-officio

Denotes an act done in an official character, or as a consequence of office, and without any other appointment or authority than that conferred by the office.ENUMERATIONS:1. Kinds of Legislative Power

Original

Derivative

Constituent

Amendatory

2. Limits on legislative power

Substantive Procedural3. To whom may legislative power be delegated

To local governments To the president during state of national emergency or in fixing tariff rates, import and export quotas, wharfage and tonnage dues4. Delegating law qualifications (2)

The law must be complete in itself There must be sufficient standards by which the administrative body will implement the statute5. Penal regulations of delegated law (3)

The delegating statute itself must specifically authorize the promulgation of penal regulations The penalty must not be left to the administrative agency but must be provided for by the statute itself6. Qualifications of a senator (5)

Natural born citizen

Able to read and write

At least 35 years old

Resident of the Philippines for at least 2 years immediately preceding the next election

Registered voter

7. Guidelines for application of party list (7)

1. Political or sectoral party must represent the marginalized and underrepresented groups

2. Political parties are allowed to participate but they must comply with the declared statutory policy

They must show that they represent the marginalized and underrepresented

3. A party must not be disqualified

Religious sect or denomination

Advocates violence

Foreign party

Receives support from a foreign government

Violates or fails to comply with laws, rules and regulations relating to elections

Declares untruthful statements in petition

Ceased to exist for at least one year

Fails to participate in the last 2 preceding elections

4. Organization must not be an adjunct of, or a project funded by the government

5. Party must comply with the requirements of the law and likewise the nominees

6. The nominees must also represent the marginalized and underrepresented sectors

7. Nominee must be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole

8. 4 Inviolable Parameters of Party-list System

20% Composition 2% Threshold 3-seat limit Proportional Representation9. Qualifications of Party List nominee (6)

Natural born citizen

Able to read and write

At least 25 years old

Resident of the Philippines for at least 1 year immediately preceding the next election

Registered voter

Bona fide member of the party which he seeks to represent

10. Qualifications of house representatives

Natural born citizen

Able to read and write

At least 25 years old

Resident of the district which he seeks to represent for at least 1 year immediately preceding the next election

Registered voter in the district in which he seeks to be elected as representative of

11. Elements of Domicile

Residence or bodily presence in the new locality

Intention to remain there Intention to abandon old domicile12. Purpose of journal

To insure publicity to the proceedings of the legislature and a correspondent responsibility of the memebers to their respective constituents To provide proof of what actually transpired in the legislature13. Composition of HRET and SET

3 Justices of the Supreme Court

6 members of the House of Representatives or Senate, chosen based on the proportional representation from the political parties

Senior Justice as Ex Officio Chairman

14. Composition of Commission on appointments

Total Members: 25 Senate President as Ex Officio Chairman 12 Members from the House of Represntatives 12 Members from the Senate Elected based on the proportional representation from the political parties15. Emergency powers that may be delegated

Congress may authorize the Preisdnet to exercise powers necessary and proper to carry out a declared national policy16. Purpose and evils prevented by rule on Riders (3)

To prevent hodge podge or log-rolling legislation

To prevent surpise or fraud

To fairly apprise the people

17. Standards of uniform and equitable tax system (4)

The standards that are used therefor are substantial and not arbitrary The categorization is germane to achieve the legislative purpose The law applies, all things being equal, to both present and future conditions, and The classification applies equally well to all those belonging to the same class.18. Qualifications of a president

Natural born citizen

Registered voter

Able to read and write

At least 40 years old

Resident of the Philippines for at least 10 years immediately preceding the next election

19. Appointments which the President may make

Heads of departments, ambassadors, other public ministers and consuls; officers of the armed forces from the rank of colonel or naval captain Other officers whose appointments are vested in the President in the Constitution Other officers whom the President is authorized to appoint by law Congress, may by law, vest in the President alone, in the courts or in the heads of executive departments the power to appoint officials lower in rank20. Appointments by president that need confirmation from commission on appointments

Heads of the executive department

Ambassadors, other public ministers and consuls

Officers of the armed forces from the rank of colonel or naval captain

Other officers whose appointments are vested in the President in the Constitution

21. Other officials whose appointments need confirmation by the Commission on Appointments

Chairman and Members of Comelec, Commission on Audit and Civil Service Commission Members of the Judicial and Bar Council22. Martial law depends on 2 factual basis

Actual invasion or rebellion

Public safety requirements

23. What are the forms of executive clemency

Pardon

Commutations

Reprieves

Remissions and Forfeitures

Amnesty

24. Constitutional limits on executive clemency

May not be extended to impeachment cases

May only be given after final conviction

Grant of amnesty must be given with the concurrence of 2/3 of the members of the Senate

May not be given in violation of election laws without the recommendation of Comelec

25. What are the foreign relations powers of the president

The power to appoint ambassadors, other public ministers and consuls

The power to receive ambassadors from other countries

The power to guarantee and contract foreign loans

The power to deport aliens

The power to negotiate treaties and other international agreements

26. Composition of the supreme court

1 Chief Justice

14 Associate Justices

27. What is the role of the legislature in the judicial process (2)

Defining such enforceable and demandable rights and prescribing remedies for violations of such rights Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights28. Cases that should be heard en banc

All cases involving the constitutionality if a treaty or law

Cases involving the constitutionality, application or operation of PDs, proclamations, orders, ordinances and other regulations

All cases which under the rules of Court should be decided en banc

Cases heard by a division when the required majority vote is not obtained

Cases where the Supreme Court modifies or reverses a doctrine or principle of law previously laid down either en banc or in division

Administrative cases where the vote is for the dismissal of a judge of a lower court

Election contests for President and Vice President

29. Cases that are heard by the Supreme court originally

Cases involving ambassadors, other public ministers and consuls

Petitions of certiorari, mandamus, quo warranto, habeas corpus and prohibition

30. Exceptions when the Supreme Court will decide a moot case

There is a grave violation of the Constitution Exceptional character of the situation and the public paramount interest is involved When the constitutional issue raised requires formulation of controlling principles to guide the bench, bar and the public The case is capable of repetition yet evading review31. Essential requisites for the exercise of the power of judicial review

There must be an actual case or controversy

Person challenging the constitutionality of a statute must have legal standing or he must have sustained or will sustain direct injury from the implementation of the said statute

Question of constitutionality must be raised at the earliest opportunity

The question of constitutionality must be the very lis mota of the case (resolution of constitutionality must be necessary to the resolution of the case)

32. When will a citizen be allowed to raise a constitutional question (3)

When he can show that he has sustained or will sustain direct injury from the implementation of the statute Injury is fairly traceable to the challenged action Injury is likely to be redressed by a favorable action33. Requisites for taxpayer suit (2)

That he has a sufficient interest in preventing the illegal expenditure of money raised by taxation That he will sustain direct injury as a result of the enforcement of the questioned statute34. Guidelines for determining whether a question is political

Constitutional commitment of the issue to a political department

Lack of judicially discoverable or manageable standards for resolving it

Impossibility of deciding the issue without an initial policy determination

35. Limits of supreme court to promulgate rules (3)

They shall provide a simplified and inexpensive procedure for speedy disposition of cases

They shall be uniform for all courts

They shall not diminish, increase or modify substantive rights

36. Qualifications of a member of the supreme court

Natural born citizen At least 40 years old Must have been a judge of a lower court or have been practicing law for at least 15 years A person of proven competence, integrity, probity, and independence37. Composition of the judicial and bar council

Chief Justice as Ex officio Chairman Secretary of Justice Representative of Congress Representative of the Integrated Bar Retired member of the Supreme Court Professor of Law Representative of the Private sector38. Purpose of the requirement of stipulating facts for decisions

To inform the person reading the decision and the parties of how the decision was reached by the courts and after consideration of the pertinent facts and examination of the applicable laws

To assure that the judge studied the case

To give the losing party the opportunity to analyze the decision and possibly appeal or convince the losing party to accept the decision

To enrich the body of case law

VOTING:

1. Suspend or expel a member of senate or house concurrence of 2/3 of all it members

2. yeas and nays at the request of 1/5 of the members present

3. Commission on Appointments will rule by a majority decision

4. The congress, by a vote of 2/3 of both houses in joint session, voting separately, shall have the sole power to declare the existence of a state of war

5. 2/3 vote of house, 2/3 vote of senate to counter veto of president in passing bills

6. Tax exemption need the concurrence of the majority of all the members of congress

7. In case there is a tie with the nominees of presidency, one shall be chosen by the vote of a majority of all members of both houses of the congress, voting separately

8. When there is a vacancy in the vice-presidency, the president shall choose from a list given by Congress upon the confirmation by a majority vote of all the members of both houses, voting separately

9. A majority of the cabinet to declare the president unfit

10. Congress will decide whether he is fir or unfit by 2/3 voting separately

11. Congress, voting jointly, by a majority vote, may remove or extend martial law or suspension of the privilege

12. Majority of all the members of congress needed to grant amnesty

13. Concurrence of monetary board needed to contract foreign loans

14. The supreme court en banc shall have the power to discipline judges or order their dismissal by a vote of a majority of the members who took part in the deliberations

DATES/TIME ELAPSE/NUMBERS:

1. Term of senator (6 years, not more than 2 consecutive terms, starting noon of June 13)

2. Terms of house representatives (3 years, not more than 3 consecutive terms, starting noon of June 13)

3. 250,000 population of city = 1 representative

4. Election of House and Senators (second Monday of May unless otherwise provided by law) also presidents and vice-presidents

5. Immunity from arrest of senators or house members (offenses punishable not more than 6yrs)

6. Congress shall convene once every year on the fourth Monday of July until 30 days before the opening of its next regular session

7. Penalty of suspension for senators and house representatives not more than 6 months

8. Congress cannot adjourn for more than 3 days

9. Commission on appointments shall act within 30days of submission to it

10. Electoral tribunals and commission on appointments shall be constituted within 30days after congress shall have been organized

11. Commission on appointments will only meet while congress is in session

12. Question hour questions 3days before should be submitted

13. 30days for president to act on a bill or else it becomes a law

14. 10percent of total registered voters and each district has 3percent for initiative or referendum

15. Term of a president (6years starting at noon of June 13)

16. No person who has succeeded as president and has served as such for more than four years shall be qualified for election to the same office

17. No Vice-president shall serve for more than two successive terms

18. Upon receiving the election returns for president and vice-president, the president of the senate shall not later than 30days after the day of the election, open all the certificates in the presence of the Senate and the house

19. Congress shall at 10am on the 3rd day after the vacancy in the presidency and vice-presidency, convene without a need for a call and within 7 days enact a law calling for a special election to elect a president and a vice-president to be held not earlier than 45days nor later than 60days from the time of such call.

20. No special election shall be called if the vacancy occurs within 18months before the date of the next presidential election

21. Within 5days of presidents response, cabinet must transmit with congress saying otherwise. Then if thats the case, congress within 48hours shall convene

22. After receipt of the written declaration, congress shall convene within 10 or 12days to decide if president is fit or unfit

23. Appointments by acting president may be revoked by the elected president within 90days from his assumption of office

24. 2months before the next presidential elections, presidents may not make appointments, except for temporary appointments

25. President may suspend the privilege of the writ of habeas corpus for not more than 60days

26. Within 48hours of such suspension or declaration of martial law, the president shall appear personally or in writing before congress to submit a report

27. Martial law: if not in session, shall convene within 24hours

28. Any citizen filing a case with regards to martial law must be given a decision within 30days from its filing

29. No person, during the suspension of the privilege, detained shall be judicially charged within 3days or else released

30. The monetary boards shall within 30days from the end of every quarter of the calendar year submit a complete report to congress

31. No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all member of congress

32. The president shall submit to congress within 30days from the opening of every regular session the general appropriations bill

33. Any vacancy in the supreme court shall be filled within 90days

34. 3 votes minimum in supreme court cases

35. Temporary assignment of judges of lower courts to stations for public interest shall not be more than 6months without the consent of the judge

36. Regular members of the judicial bar council shall be 4 years

37. Members of the supreme court and the lower court shall be chosen by the president from a list of 3 nominees given by the judicial bar council

38. The president shall issue such appointments within 90days from the submission of the list

39. Judges can hold office until 70years old

40. All decisions of the supreme court must be made within 24months, lower collegiate courts within 12months, and lower trial courts within 3months

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