Article 6,7,8

Special election

<Kinds of election> it may be called in case a vacancy arises in the senate or house of representatives to fill such vacancy in the manner prescribed by law.

Section 5

"(1) the house of representatives shall be composed of not morethan two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the providences, cities, and the metropolitan manila area in accordance with the number of their representative inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. (2) the party-list representatives shall constitute twenty Per Centum of the total number of representatives including thise under the party list. For three consecutive terms after the ratification of this constitution, one half of the seats allocated to the partylist representatives shall be filled, as provided by law,by selection or election from the labor, peasant,urban poor, indigenous cultural communities, women, youth and such other sectors as may be provided by law, except the religious sector. (3) each legislative districts shall comprise, as far as practicible, contiguous, compact and adjacent territory. Each city with a population of atleast two hundred fifty thousand, or each providence, shall have at least one representative. (4) within three years following the return of every census, the congress shall make a reapportionment of legislative districts based on the standards provided inthis section.

Section 11

"A senator or member of the house of representatives shall, in all offenses punishable by not more than six years imprisonment, be priviledged from arrest while the congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the congress or in any committee thereof. "

Section 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 Senators or Members of the House of Representatives thus elected shall serve only for the unexpired term."

Section 6

"No person shall be a Member of the house of representatives unless he is a natural born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately proceding the day of the election."

Section 3

"No person shall be a senator unless he is a natural born citizen of the philippines and on the day of the election, is atleast thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

Section 2

"The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Section 1

"The legislative power shall be vested in the congress of the philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum."

Section 7

"The members of the House of representatives shall be elected for a term of three years shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of june next following their election. No member of the House of Representatives shall serve for more than three consecutive term. Voluntary renounciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected"

Section 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 the full term of all the Members of the Senate and the House of Representatives approving such increase"

Section 4

"The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of june next following their election. No Senators shall serve for more than two consequtive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected."

Section 8

"Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of may."

Advantages of bicameralism

(1) a Second Chamber (senate) is necessary to serve as a check to hasty and ill-considered legislation; (2) It serves as a training ground for future leaders; (3) it provides a representation for both regional and national interests; (4) a bicameral legislature is less susceptible to bribery and control of big interests; and (5) it is the traditional form of legilative body dating from ancient times; as such, it has been tested and proven in the crucible of human experience.

Disadvantages of bicameralism

(1) the bicameral set-up has not worked out as an effective fiscalizing machinery; (2) although it affords a double consideration of bills, it is no assurance of better considered and better deliberated legislation; (3) it produces duplication of efforts and serious deadlocks in the enactment of important measures with the Conference Committee of both Houses, derisively called the "THIRD CHAMBER", practically arrogating unto itself the power to enact law under its authority to thresh out differences (4) all things being equal it is more expensive to maintain than a unicameral legislature; and (5) the prohibitive costs of senatorial elections have made it possible for only wealthy individuals to make it to the senate; and as to the claim that a Senate needed to provide a training ground for future leaders, two of our Presidents became chief executives even if their service was confined to the House of Representatives.

Bicameral and Unicameral

2 kinds of law making bodys

General legislative power

<Classification of powers of Congress> it is the power to enact laws intended as rules of conduct to govern the relations among individuals or between the individuals and the state.

Specific powers

<Classification of powers of Congress> they are powers which the Constitution expressly directs or authorizes Congress to excercise like the power to choose who shall become President in case two or more candidates have an equal and highest number of votes (Article VII, Sec. 4 part. 4) to confirm a certain appointments by the President (Ibid., Sec.16), to promote social justice (Art.XIII, Sec. 1), to declare the existence of a state of war (Sec.23[1]), to impose taxes (Sec.28[1]), to appropriate money (Art.29[1]), to impeach (Art.XI, Sec.2), to act as a constituent assembly (Art.XVII, Sec.1), etc.

Inherent powers

<Classification of powers of Congress> they are the powers which are possessed and can be exercised by every government p because they exist as an attributeof sovereignty.

Implied powers

<Classification of powers of Congress> they are those essential or necessary to the effective exercise of the powers expressly granted, like the power to conduct injury and investigation in aid of legislation (Sec.21), to punish for contempt, to determine the rules of its proceedings(Sec. 16[3])

Regular election

<Kinds of election> it shall be held on the second monday of may. Congress may, by law, provide otherwise. (Sec.8) if the election is held beyond the term of office, the members of Congress cannot hold over.

Checks by Congress

<Principle of checks and balances> On the other hand, congress may override the veto of president (Sec.27 [1]); reject certain appointments of the president (Art.VII, Sec. 16); revoke the proclamation of martial law or suspension of the privilege of the writ of Habeas Corpus by the president (Ibid., Sec. 18); and amend or revoke decisions of the courts (by the enactment of a new law or by an amendment of the old, giving it such meaning and interpretation as to wipe out the effect of such decision.)

Checks by the president

<Principle of checks and balances> The President may veto or disapprove bills enacted by the congress (Sec.27[1]),and through the pardoning power, he may modify or set aside the judgements of the courts. (Art. VII, Sec. 19)

Checks by the judiciary

<Principle of checks and balances> the judiciary, in turn, with the Supreme court as the fina, arbiter may declare legislative measures or executive acts unconstitutional(Art. VIII, Sec 4[2]) and "Determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part" of Congress or the President. (Ibid., Sec.2, par.2)

Presidential System

<Principle of separation of powers> The powers of the government, by virtue of this principle, are divided into (3) three distinct classes: the legislative, the executive,and the judicial. They are distributed, respectively, among the legislative, executive, and judicial branches or departments of the government.

Parliamentary system

<Principle of separation of powers> The three-fold division of power is observed in the presidential form of government which is distinguished by the separation of authority between the executive and legislative organs.

French presidential-parliamentary

<Principle of separation of powers> this is a Variant of the two types of the government. The present government of France established in 1958, is known as the fifth republic.

Effectivity of increase

<Salaries of members of Congress> Under the above provision, Congress is not prohibited from increasing or decreasing the salary of its members. However, any INCREASE can take effect only after the expiration of the FULL TERM of the members approving such increase. This rule applies even as to members who voted against the increase.

Statutes

All laws enacted by the law making bodys

Executive power

Has been defined as the power to administer the laws, which means carrying them into practical operation and enforcing their due observance.

Legislative power

Is essentially the authority under the constitution to make laws and subsequently, when the need arises and repeal them.

Residence

Is the place where one has his true permanent home to which, whenever absent, he has the intention of returning

Registered voter

One who has all the qualifications for a voter and none of the disqualifications provided by law and who has registered himself in the list of voters

Qualifications of The House of Representatives

THE HOUSE OF REPRESENTATIVES: A representative must be: (A) a natural born citizen of the philippines (B) at least 25 years of age on the day of the election (C) able to read and write (D) except for a party-list representatives, a registered voter in the district in which he shall be elected; and (E) a resident thereof for a period of not less than one year proceeding the day of the election. (Sec.6)

Composition and election/selection of The House of Representatives

THE HOUSE OF REPRESENTATIVES: It is the lower chamber of the Congress of the Philippines. The House, often informally called "CONGRESS", is composed of not more than 250 members popularly known as "Congressmen".

Term of office of The House of Representatives

THE HOUSE OF REPRESENTATIVES: It is three (3) years, to begin also, unless otherwise provided by law, at noon on the 30TH day next following their election.

Maximum term of The House of Representatives

THE HOUSE OF REPRESENTATIVES: the provisions are the same as those senators except that the limit is for not more than three (3) consecutive terms. Under the Constitution, a representative cannot serve continuously for more than nine (9) years.

Maximum Terms of The Senate

THE SENATE: In line with the state policy on equal access to opportunities for the public service and against political dynasties, a senator is disqualified to serve for more than two (2) CONSECUTIVE TERMS.

Qualifications of The Senate

THE SENATE: A senator must be: (A) natural born citizen of the philippines (B) at least 35 years of age on the day of the election (i.e., day of the balloting) (C) able to read and right (D) registered voter (E) a resident of the philippines for not less than two years immediately preceding the day of the election.

Term of office of The Senate

THE SENATE: It is six years. It shall commenc,unless otherwise provided by law, at noon on the 30th day of june next following election.

Composition of Election of The Senate

THE SENATE: it is the upper chamber of the Congress of the Philippines. It is composed of 24 Senators. They are elected at large (nationwide) by the qualified voters, as may be provided by law. (Sec.2). Unless otherwise provided by law, the regular election of the senators shall be held on the second monday of may. (Sec.8)

Judicial power

The power and duty of Courts of Justice to apply the laws to contests or disputes concerning legally recognized rights or duties between the state and private persons or individuals or between private persons or individual litigations, in cases properly brought before the judicial tribunals.

Purpose of restriction

To prevent congress from increasing the salary of its members during their incumbency.