Article 6 - Legislative Department

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Article 6 - Legislative Department
2012-12-16 17:40:00
Political Science

Philippine Constitution
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  1. The authority under the Constitution to make laws and subsequently, when the need arises, to alter and repeal them
    Legislative power
  2. statutes w/c are the written enactments of the legislature governing the relations of the people among themselves or between them and the gov't. and its agencies
  3. double-chamber body consisting of the senate and the HOR
    Congress of the Phils.
  4. Advantages of bicameralism
    pg 236
  5. Disadvantages of bicameralism
    pg 236
  6. Scope of legislative power of Congress
    • Plenary or general
    • Legislative powers not expressly delegated deem granted
  7. Pwers of congress
    • General legislative power
    • Specific powers
    • Implied Powers
    • Inherent powers
  8. power to enact laws intended as rules of conduct to govern the relations among individuals or between the indivivduals and the State
    Genera legislative power
  9. they are powers w/c the Constitution expressly directs or authorizes Congress to exercise like the power to choose who shall become President in case two or more candidates have an equal and highest number of votes, to confirm certain appointments by the President, to promote social justice, to declare the existence of a state of war...
    Specific powers
  10. They are those essential or necessary to the effective exercise of the powers expressly granted.
    Implied powers
  11. The powers w/c are possessed and can be exercised by every government bec they exist as an attribute of sovereignty.
    Inherent powers
  12. Principle of separation of poers
    • Presidential system
    • Parliamentary system
    • French presidential-parliamentary system
  13. Principle of checks and balances
    • Checks by th President
    • Checks by Congrtess
    • Checks by the judiciary
  14. Qualifications of a Senator
    • a natural-born citizen of the Phils.
    • at least 35 yrs of age on the day of the election
    • able to read and write
    • a registered voter
    • a resident of the Phils for not less than two years immediately preceeding the day of the election
  15. Term of office (Senate)
    6 years
  16. Composition and election (Senate)
    • 24 Senators
    • Elected at large by the qualified voters
  17. One who has all the qualificiations for a voter and none of the disqualifications provided by law and who has registered himself in the list of voters
    registered voter
  18. the place where one has his true permanent home and to w/c, whenever absent, he has the intentiuon of returning.
  19. Qualifications of a representaive
    • a natural-born citizen of the Phils.
    • at least 25 yrs of age on the day of the election
    • able to read and write
    • except for a party-list representative, a registered voter in the district in w/c he shall be elected
    • a resident thereof for a period of not less than one yr preceeding the day of the election
  20. Kinds of election for members of Congress
    • Regular election
    • Special election
  21. Congress election that shall be held on the second of May
    Regular election
  22. Congress election that may be called in case a vaxancy arises in the Senate or HOR to fill such vacancy
    Special election
  23. Sessions of Congress
    • Regular Session
    • Special Session
  24. a number of the membership of an assembly or collective body as is competent to transact its business
  25. The official record of what is done and passed in a legislative assembly.
    legislative journal
  26. Pwer of legislative inquiry and investigation
    • Sound legislation
    • Other desirable benefits
  27. Power of Congress to declare existence of a state of war
    • Concurrence of both Houses
    • Existence of war before declaration by Congress
  28. it is one the primary and specific aim of w/c is to make appropriations of money from the public treasury
    appropriations bill
  29. kinds of appropriations
    • annual or general appropriations
    • special or supplemental appropriations
    • specific appropriation
    • continuing appropriations
  30. other bills
    • revenue bill
    • tariff bill
    • bill authorizing increase of thepublic debt
    • bill of local application
    • private bill
  31. a bill in w/c its primary and specific purpose is to raise revenue
    REvenue bill
  32. a bill that has reference to one imposing customs duties for revenue purposes
    Tariff bill
  33. one w/c creates public indebtedness such as a bill providing for the issuance of bonds and other forms of obligations
    bill authorizing increase of the public debt
  34. one affecting purely local or municipal concerns like one creating a city or municipality or changing its name
    bill of local application
  35. one affecting purely private interest, such as one granting a franchise to a person or corporation, or compensation to a person for damages suffered by him for w/c the gov't. considers itself liable
    Private bill
  36. the financial program of the national gov't. for a designated calendar year, consisting of statements of estimated receipts from revenues and expenditures for the calendar on w/c it is intended to be effective based on the results of operations during the preceding calendar year
  37. a provision or enactment inserted in the general appropriations bill w/c does not relate to some particular appropriation therin
  38. requiremnts w/ respect to special appropriations bill
    pg 282
  39. any measure containing several subjects on unrelated matters combined together for the purpose of securing the support of members of the legislatures severally intersetd in the different subjects of the bills
    hodge-podge or log-rolling
  40. Steps in the passage of bill
    • first reading
    • referral to appropriate committe
    • second reading
    • debates
    • printing and distribution
    • third reading
    • referral to the other house
    • submission to joint bicameral committee
    • submission to the president
  41. a draft of a law submitted to the consideration of a legislative body for its adoption
  42. written will of the legislature as an organized body expressed according to the form necessary to constitute it into a law of the state, and rendered authentic by certain prescribed forms and solemnities
  43. formal parts of a law
    • title
    • preamble
    • enacting clause
    • body
    • effectivity clause
  44. veto means
    I forbid or deny
  45. the power vested in the President to disapprove acts passed by Congress
  46. purpose of veto
    pg 294
  47. a formal expression of opinion, will, or intent by an official body or assembled group
  48. kinds of resolutions
    • simple
    • concurrent
    • joint
  49. A resolution may be ____, if passed by either House for its exclusive use or purpose
  50. A resolution may be ____, if passed independently in one HOuse and ratified by the other in the same manner as a bill
  51. A resolution may be ____, if approved by both Houses meeting in joint session but voting separatley
  52. "all taxable articles or properties of the same clas shall be taxed at the same rate"
    uniformity in taxation
  53. exemption of certain entities and properties from property taxes
    • test of exemption
    • exemption of religious, charitable, and educational institutions
  54. the authorization by law that money may be paid out of the public treasury
  55. prohibition is not violated when
    • payment given as compensation
    • religious use incidental
    • use, public in nature
    • payment based in contract
    • consideration received
  56. prohibition against granting title of royalty or nobility
    • equalitarian principle obeserved in a democratic society
    • prevents creation of a priviledged class
    • prohibition directed at Congress
  57. the reserved power of the people to directly propose and enact laws at polls called for the purpose independently of Congress or of a local legislative body
  58. the process by w/c any act or law or part therof passed by congress or by a local legislative body is submitted to the poeple for their approval or disapproval