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Answer to the Review Questions:

SEPARATION OF POWERS

What is the doctrine of Separation of Powers?

According to Justice Laurel, the doctrine is intended to secure action, to forestall
overaction, to prevent despotism and to obtain efficiency.

What is its purpose?

a) Cruz: The doctrine of separation of power is intended to prevent a concentration of authority in
one person or group of persons that might lead to an irreversible error or abuse in the exercise
to the detriment of our republican institution.
b) The doctrine is intended to secure action, to forestall overaction, to prevent despotism and to
obtain efficiency.

What is the concept of Blending of Powers?

Blending of Powers are instances in the Constitution when powers are not confined
exclusively within one department but are in fact assigned to or shared by several
departments.
As a result of this of this blending of powers, there is some difficulty now in classifying
some of them as definitely legislative, executive or judicial.

LEGISLATIVE DEPARTMENT

What is Legislative Power?

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Authority to make laws and to alter and repeal them.

What are the advantages of Bicameralism? (4)

Allows for a body with national perspective to check the parochial tendency of
representative of the district;
Allows a more careful study of legislation;
Makes the legislature less susceptible to control by the executive; and
Serves as a training ground for national leaders.

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What are the advantages of Unicameralism? (3)

Simplicity of organization resulting in economy and efficiency;
Facility in pinpointing responsibility for legislation; and
Avoidance of duplication.

What are the different kinds of Legislative Power?

Original possessed by the sovereign people.
Derivative that which has been delegated by the sovereign people to legislative bodies
(Congress) and is subordinate to the original power of the people.
Constituent - power to amend and revise the constitution.
Ordinary power to pass ordinary laws.

What are the different kinds of limits on Legislative Power?

Substantive Limit curtail the contents of the law.
Procedural Limits curtail to the manner of passing laws.

Describe the power of the Congress to legislate?

The power of Congress to legislate is PLENARY, that is it may legislate in any subject
matter.

May Congress pass irrepealable laws?

No, Congress may not pass irrepealable laws, the power of present and future legislature
must remain plenary.

May legislative power be delegated? How?

Yes, the legislative power maybe delegated.
It can be delegated either by a specific constitutional provision or by the immemorial
practice of it being delegated to the local governments.

COMPOSITION, QUALIFICATIONS, AND TERM OF OFFICE

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SENATE

Composition
Section 2, Article VI of the Constitution states that the Senate shall be composed of
twenty-four (24) senators.

Is it mandatory to have a complete set of 24 Senators?

Yes, because the Constitution states that the Senate shall be composed of twenty-four (24)
Senators. (Section 2, Article 6 of the Constitution)

Qualifications (Citizenship, age, education, registered voter and residence)

Qualifications: (Section 3, Article 6 of the Constitution)
Citizenship Natural born citizen of the Philippines
Age on the day of election 35
Education Able to read and write
Registered voter In the Philippines.
Residence 2 years (immediately preceding the election)

When these Qualifications needed to be possessed by a candidate vying for a Senate Seat?

How many Senators are elected every National Elections?

Of the senators elected in the election of 1992, the first 12 obtaining the highest number of
votes shall serve for 6 years and the remaining 12 for 3 years. Thereafter 12 senators will
be elected every 3 years, to serve a term of 6 years. (Art. XVIII, Sec. 2)

Term of Office 6 years

When do the Senators commence their term of office.
The Senators can commence their term in the office at noon on June 30 next following the
election or unless otherwise provided by the law. (Art. VI, Sec. 4)

How many terms may a Senator hold office?

The Senators can only be allowed to served for two (2) consecutive terms. (Article 6,
Section 4)

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What is the rule on voluntary renunciation?

The rule on voluntary renunciation states that no voluntary renunciation of the office for any
length of time shall be considered for the purpose of interrupting the continuity of his
service for the full term for which he was elected. (Article VI, Sec. 4)

May a Senator who runs for a higher position during the midterm election return to his seat in the
Senate if she/he looses in said election?
Is the Senate a continuing body?

HOUSE OF REPRESENTATIVES
1. District Representative

Current Composition? 287 (230 = District Reps: 57 = Party List)

How are the districts to be apportioned among the provinces, cities and Metro Manila?
The apportionment must be based on the number of inhabitants, using a uniform and
progressive ratio. Within 3 years following the return of every census, Congress shall
make a reapportionment of legislative districts, based on the standards herein provided (to
make it representative and more responsive to the people.

What is gerrymandering?
is the arrangement of districts in such a way as to favor the election of preferred
candidates (usually re-electionist) through the inclusion therein only of those areas where
they expect to win, regardless of the resultant shape of such districts.

What is the minimum population of one district?

Each district should have a minimum of at least 250,000. (Sec. 5, Art. 6)

May a district have a population of less than 250,000.00?

Yes, because as held in the case of Aquino vs. Comelec, G.R. No.189793, April 27, 2010
that No specific provision in the Constitution that fixes a 250,000 minimum population that
must compose a legislative district.
CASE: AQUINO vs. COMELEC
Population requirement of 250,000.

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There is no specific provision in the Constitution that fixes a 250,000 minimum population
that must compose a legislative district.
250,000 population requirement applicable only for CITIES not PROVINCE.
Ruling Mariano vs. Comelec interpreting Section 5(3).
Requisites of creation as stated in section 461 of LGC.

Qualifications (Citizenship, age, education, registered voter. And residence)

Qualifications:
Citizenship

Natural born citizen

Age on the day of election - 25 years old
Education:
Able to read and write
Registered voter:
In the district, if district representative
Residence:
One year in the district (immediately preceding the election)

Term of office 3 years

When do the Congressman commence their term of office?
The Congressman commence their term of office at noon of June 30 next following the
election or unless otherwise provided by law. (Art.VI, Sec. 7)

How many terms may a Congressman hold office?

The Congressman may serve or hold a position for 3 consecutive terms. (Art. VI, Sec. 7)

What is the rule on voluntary renunciation?

The rule on voluntary renunciation states that no voluntary renunciation of the office for any
length of time shall be considered for the purpose of interrupting the continuity of his
service for the full term for which he was elected for the purpose of circumventing this 3year limitation. (Art. VI, Sec. 7)

Is the House of Representatives a continuing body?

CASE: ROMUALDEZ-MARCOS vs. COMELEC MANDATORY

Concepts of domicile and residence.

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A residence is used to indicate a place of abode, whether permanent or temporary

while a domicile denotes a fixed permanent residence to which, when absent, one has the
intention of returning.
What is stated in Article 50 of the Civil Code of the Civil Code.
Article 50 of the Civil Code decrees that [f]or the exercise of civil rights and the
fulfillment of civil obligations, the domicile of the natural persons is their place of habitual
residence.
Twin elements of Domicile
The twin elements of domicile are as follows:
The fact of residing or physical presence in a fixed place;
Animus manendi, or the intention of returning there permanently.
Ordinary meaning of Residence
Residence, in its ordinary conception, implies the factual relationship of an
individual for a certain place.
In election law, what does the term residence mean?
Residence in election law is used synonymously with domicile.
How may domicile will be lost?
Domicile can be lost by:
An actual removal or actual change of domicile;
A bona fide intention of abandoning the former place of residence establishing a new
one;
Acts correspond with the purpose.
CASE: DIMAPORO vs. MITRA
Validity of Sec. 67, Art. IX of B.P. 881.
Any elective official whether national or local running for any office other than the
one he is holding in a permanent capacity except for President and Vice President shall be
considered ipso facto resigned from his office upon the filing of his certificate of candidacy.
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Ground for forfeiture in Section 13, Art. VI of the Constitution.

The ground of forfeiture in Section 13, Art. VI of the Constitution, is actually a
mode of voluntary renunciation of office under Sec. 7, par. 2 of Art. VI of the Constitution.
Concepts of term and tenure distinguished.
The term of office prescribed by the Constitution may not be extended or
shortened by legislature, but the period during which an officer actually holds the office
(tenure), may be affected by circumstances within or beyond the power of said officer.
Voluntary renunciation of office Mode of voluntary renunciation of office under Sec. 7,
par. 2 of Art. VI of the Constitution.
2. Party List Representative

What is a Party List System?

Is a social justice tool designed not only to give more law to the great masses of our
people who have less in life, but also to enable them to become veritable lawmakers
themselves empowered to participate directly in the enactment of laws designed to benefit
them.

What law governs the Party List System in the Philippines?

Republic Act No. 7941 also known as Party-List System Act

What is the state policy with regards to the Party List System?
The state shall promote proportional representation in the election of representatives to the
House of Representatives through a party list system of registered national, regional and
sectoral parties or organizations or coalitions thereof, which will enable Filipino citizens
belonging to the marginalized and underrepresented sectors, organizations and parties,
and parties, and who lack well defined political constituencies but who could contribute to
the formulation and enactment of appropriate legislation that will benefit the nation as a
whole, to become members of the House of Representatives.

What is the objective of the party list system under the 1987 Constitution?
To democratize political power by giving political parties that cannot win in legislative
district elections a chance to win seats in the House of Representatives.

JEFF

Composition (20% of total number of representatives)

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How to compute?
(Current Number of Legislative District Representatives 0.80) x (0.20) = Number of
Seats Available to Party List Representatives (Banat vs. Comelec, 586 SCRA 2010)

Who may register under the Party List System?

Any organized group of persons may register as a party, organizations or coalition for
purposes of the party list system by filing with the COMELEC not later than ninety (90)
days before the election a petition verified by its president or secretary stating its desire to
participate in the party list system.

Who may be refused registration?

Who are included in the party list system?

Sectoral and Non Sectoral Parties.

What compose the Party List System?

Party List System is composed of three different group; (1) National Parties or
Organizations; (2) Regional Parties or Organizations; (3) Sectoral parties and
organizations.

What is the common denominator between sectoral and non sectoral parties?
The common denominator between sectoral and non-sectoral parties is that they cannot
expect to win in legislative district elections but they can garner, in nationwide elections, at
least the same number of votes that winning candidates can garner, in legislative district
elections.

What is the proof that the party list system is not exclusively for sectoral parties?
Section 5(2), Article VI of the 1987 Constitution clearly shows that the party list system is not
exclusively for sectoral parties.

What is the difference between a Political Party and a Sectoral Party?

Political Party refers to an organized group of citizens advocating ideology or platform,
principles and policies for the general conduct of the government.
Sectoral Party refers to an organized group of citizens belonging to any of the sectors
enumerated in section 5 hereof whose principal advocacy pertains to the special interest and
concerns of their sector.

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What type of Major Political Parties are allowed to participate in the Party List System?
Major political parties must organized a sectoral wing, like a labor, peasant, fisherfolk,
urban poor, professional, women and youth wing, that can register under the party list
system.

Does R.A. No. 7941 require National and Regional parties to represent the marginalized and
underrepresented sectors?
No, R.A. 7941 does not require national and regional parties or organizations to represent
the marginalized and underrepresented sectors.

JEFF

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