Electoral Tribunal Jurisdiction

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Questions and Answers

In BANAT v. COMELEC, the Court declared that the jurisdiction of the Electoral Tribunals can be invoked only after what?

  • The winning candidates have been proclaimed. (correct)
  • The losing candidates have conceded.
  • A recount has been performed.
  • All candidates have agreed to oversight.

According to the Supreme Court, who may question the illegally or invalidly procured certificate of naturalization?

The State, through its representatives.

According to the Supreme Court, private persons may raise the matter of naturalization in an election case involving the naturalized citizen's descendant.

False (B)

According to the Supreme Court, what does the power of the HRET not carry with it?

<p>The authority to delve into the legality of the judgment of naturalization.</p> Signup and view all the answers

The House of Representatives Electoral Tribunal would have jurisdiction have jurisdiction over the qualifications of candidates who have not been proclaimed as winners.

<p>False (B)</p> Signup and view all the answers

What does the proclamation of a winning candidate divest?

<p>The COMELEC of its jurisdiction over matters pending before it.</p> Signup and view all the answers

According to the Reyes case, what would strictly adhering to rules necessitate?

<p>The revision by the HRET of its rules prescribing the deadlines for the filing of election protests and petitions for quo warranto before it.</p> Signup and view all the answers

According to the 2011 Rules of the House of Representatives Electoral, how many days from the proclamation of the winning candidates must election protests and petitions for quo warranto be filled?

<p>Fifteen days.</p> Signup and view all the answers

For the House of Representatives, when does the term of Members commence?

<p>Noon on the thirtieth day of June next following their election.</p> Signup and view all the answers

According to the Supreme Court, when does the jurisdiction of the HRET begin?

<p>Only after the candidate is considered a Member of the House of Representatives.</p> Signup and view all the answers

According to the Court, to be considered a Member of the House of Representatives, which of the following is needed?

<p>All of the above (D)</p> Signup and view all the answers

According to Reyes v. Commission on Elections, before whom should a proper oath be taken?

<p>The Speaker of the House of Representatives.</p> Signup and view all the answers

What should the petitioner file to remedy winning in the congressional elections?

<p>An electoral protest with the HRET.</p> Signup and view all the answers

The decisions rendered by the Electoral Tribunals in the contests mentioned in this section, of which they are the sole judge, are non-appealable.

<p>False (B)</p> Signup and view all the answers

According to Macalintal v. Presidential Electoral Tribunal , what is 'essentially an exercise of judicial power'?

<p>The resolution of electoral contests (C)</p> Signup and view all the answers

Electoral Tribunals are courts of law.

<p>False (B)</p> Signup and view all the answers

In Robles v. House of Representatives Electoral Tribunal, what was affirmed?

<p>The jurisdiction of Congress.</p> Signup and view all the answers

It is aptly noted in the first of the questioned Resolutions that the framers of the Constitution could not have been unaware of the possibility of an election contest that would involve all 24 Senators-elect, six of whom would inevitably have to sit in judgment thereon. Indeed, such possibility would surface again in the wake of the 1992 elections when once more, but for the last time, all 24 seats in the Senate will be at stake. Yet the Constitution provides no scheme or mode for settling such unusual situations or for the substitution of Senators designated to the Tribunal whose ______ may be sought.

<p>disqualification</p> Signup and view all the answers

What right did the respondent body (predecessor of the Electoral Tribunals) have?

<p>The exclusive right to prescribe its own rules of procedure.</p> Signup and view all the answers

In Abbas v. Senate Electoral Tribunal, who were the petitioners?

<p>Protestants in a contest before the respondent body.</p> Signup and view all the answers

Legislators are prohibited from being financially interested in any contract with the government or any subdivision, agency or instrumentality thereof during their term of office.

<p>True (A)</p> Signup and view all the answers

In Puyat v. De Guzman, what did the legislator do after his representation was challenged under the above-mentioned section?

<p>He purchased two hundred pesos worth of stocks in the corporation from the faction he was representing and sought to intervene in the said dispute, this time as a stockholder.</p> Signup and view all the answers

Appearance of the legislator is now only barred before the Electoral Tribunals.

<p>False (B)</p> Signup and view all the answers

General Court Martial has been characterized by the Supreme Court as any other administrative body.

<p>False (B)</p> Signup and view all the answers

What ought not to have been established as a private corporation by a special law?

<p>PNRC</p> Signup and view all the answers

Membership in the Electoral Tribunals is prohibited by the Constitution.

<p>False (B)</p> Signup and view all the answers

Legislators who serve as treaty negotiators can no longer sit in the Congress.

<p>False (B)</p> Signup and view all the answers

What is the term for the simultaneous holding of that office and the seat in the Congress?

<p>Incompatible office.</p> Signup and view all the answers

For Congress, what is a new provision intended to ensure the probity and objectivity of the members?

<p>Conflict of interest.</p> Signup and view all the answers

Records and books of Congress need not be open to the public.

<p>False (B)</p> Signup and view all the answers

What is the remedy if there has been any mistake in the printing of a bill before it was certified by the officers of Congress and approved by the Executive?

<p>Amendment or curative legislation.</p> Signup and view all the answers

What is the rule that our cases manifest firm adherence to?

<p>Enrolled copy of a bill is conclusive (C)</p> Signup and view all the answers

But except only where the matters are required to be entered in the journals, like the yeas and nays on the final reading of a bill or on any question at the request of one-fifth of the members present, the contents of the enrolled bill shall prevail over those of the journals in case of ______.

<p>conflict</p> Signup and view all the answers

In the case of Casco Philippine chemical co. v. Gimenez, what did petitioners claim the phrase 'urea formaldehyde' as used in a statute should be read as?

<p>&quot;urea and formaldehyde&quot;</p> Signup and view all the answers

In US v. Pons, what did the supreme court refuse to go beyond?

<p>beyond the recitals in the legislative journals</p> Signup and view all the answers

The Court cannot annul any expulsion or suspension of a member unless what?

<p>That is not concurred in by at least two-thirds of the entire body.</p> Signup and view all the answers

According to the document, what significantly constricts the future legislators' room for action and flexibility?

<p>More than two-thirds vote of all the Members of Congress (supermajority vote).</p> Signup and view all the answers

Which of the following was an example of incompatible office given in the text?

<p>Congressman who was elected provincial governor (A)</p> Signup and view all the answers

The new rule on the legislative sessions is the following: Sec. 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests.

<p>False (B)</p> Signup and view all the answers

In Alauya v. Limbona, what was declared as ineligible, and punished?

<p>A judge who filed his certificate of candidacy as a party-list representative without first resigning.</p> Signup and view all the answers

According to Section 8 of the law, under what cases no change of names or alteration of the order of nominees shall be allowed?

<p>Where the nominee dies, or withdraws in writing his nomination, or becomes incapacitated.</p> Signup and view all the answers

According to the Supreme Court, what does domicile denote?

<p>A fixed permanent residence to which, whenever absent for business, pleasure, or some other reasons, one intends to return.</p> Signup and view all the answers

What does the literacy requirement now specifically prescribed because of?

<p>It is not deemed embraced in the suffrage qualification under the present Constitution.</p> Signup and view all the answers

According to Article IV, Section 2 of the Constitution what are natural born citizens?

<p>Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.</p> Signup and view all the answers

Under present rules The Congress of the Philippines does not consist of a Senate and a House of Representatives.

<p>False (B)</p> Signup and view all the answers

According to Section 2, what shall the Senate be composed of?

<p>Twenty-four Senators who shall be elected at large by.</p> Signup and view all the answers

According to the document, for what was the Senate originally intended?

<p>all of the above (D)</p> Signup and view all the answers

For what were the unapproved cityhood bills filed during the 11th Congress a good example?

<p>Extrinsic aids in construing laws passed by subsequent Congresses.</p> Signup and view all the answers

In Maquiling v. Commission on Elections, what was declared?

<p>That a candidate who takes his Oath of Allegiance to the Republic and executes an Affidavit of Renunciation of his American citizenship under the provisions of the Republic Act No. 9225, but thereafter continues using his American passport.</p> Signup and view all the answers

In social Justice Society v. Dangerous Drugs Board, what was declared unconstitutional?

<p>Sec. 36(g) of RA 9165</p> Signup and view all the answers

In Limbona v. COMELEC, what did the Court declare?

<p>A candidate is presumed to have changed her domicile upon her marriage, or by operation of law, consistent with the provisions of Articles 68 and 69 of the Family Code to the effect that spouses shall have a single family domicile.</p> Signup and view all the answers

When seeking a change of domicile, a candidate must demonstrate what?

<p>An actual removal or an actual change of domicile, a bona fide intention of abandoning the former place of residence and establishing a new one, and definite acts which correspond with the purpose.</p> Signup and view all the answers

When did the term The members of the Senate have their term originally under the old Constitution?

<p>On the thirtieth day of December next following their election in November.</p> Signup and view all the answers

Flashcards

When can Electoral Tribunals be invoked?

Electoral Tribunals can be invoked after winning candidates are proclaimed.

Citizenship as a Qualification

Citizenship is a continuing requirement for House Members.

Who can question naturalization?

The state, designated by statute, questions illegally obtained naturalization certificates.

Deadline to file Quo Warranto

Quo warranto are filed within fifteen days of winning candidate proclamation.

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HRET Jurisdiction Trigger

HRET jurisdiction links to candidates' election, returns, and qualifications.

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Who Oversees the Oath?

The speaker of the House of Representatives presides over the oath.

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Filing Protests After Election

Election protest filed with HRET when a congressional election winner occurs.

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Proclamation's Effect on COMELEC

General rule, proclamation of congressional candidate ends COMELEC’s jurisdiction.

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Electoral Tribunal's Role

Electoral Tribunals are judges of contests relating to elections, returns, and qualifications.

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Requirements for House membership

Winning candidate must be proclaimed and taken oath, then assumed office

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Judicial Review of Election Decisions

When the COMELEC, HRET, and SET decide election contests, decisions are subject to judicial review

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HRET's Independence

The House cannot influence the actions of the HRET.

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Appeal of Electoral Tribunal decisions?

Electoral Tribunals are not appealable, except grave abuses of discretion.

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Tribunal's Duty

Tribunal cannot abandon its duty.

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Electoral Tribunal's Independence

Electoral Tribunals are legislative in membership but independent.

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Requirement to Keep Journal

Each House shall keep a Journal of its proceedings

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Election of Congress Leaders

The Senate elects its President and the House of Representatives its Speaker

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Legislative Quorum

A majority of each House constitutes a quorum

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Members' term

Term of the members is three years

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When does the congress must convened

A session should convene once a year on the fourth Monday of July

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Legislator Contract Restriction

Legislators cannot have financial interest in government contracts.

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Enrolled bill vs. Journal

The contents of an enrolled bill shall prevail the matters entered in the journals.

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Legislator's Court Appearance Ban

Legislators can’t personally appear as counsel before any court.

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Incompatible Offices

Legislator forfeits the seat if he holds any other office.

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Senate has power to do what?

Senate may determine rules of proceedings

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Punish Members

Each House may punish its members for disorderly behavior

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Power of Speech

The power of speech and debate can be availed by a member of the Congress

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Questioning

The senate shall not hold anyone liable in any other place for any speech

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Publication Required

The 1987 constitution requires the Congress to publish annually for information of the people

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Salaries Determined

The salaries for senators and The House of Representatives shall be determined by law

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Congress with limitations

The Congress is not circumscribed except by limitations imposed by organic law

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Senate term type

Senate can only be filled for an unexpired term

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Age type

The age qualification is lower in which the House of Representatives is in compared with Senate.

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2 Types of Congressmen.

There are two kinds of congressmen those elected

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Party System.

Section five of the constitution

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Citizenship status

The state shall be deemed not to have lost their Philippine citizenship.

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Age type

Representative may not be thirty years old

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Senators must what

Senate and House must be natural-born citizens

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Congress meet

Congress Canvasses the presidential elections

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House of Rep.

The number of representatives shall be elected from legislative districts, from a uniform and progressive ratio

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Study Notes

Electoral Tribunal Jurisdiction

  • The Electoral Tribunal's jurisdiction can only be invoked following the proclamation of winning candidates, as declared in BANAT v. COMELEC.
  • In Limkaichong v. COMELEC, the Supreme Court decided that the HRET has jurisdiction over disqualification petitions based on citizenship against House members. Citizenship is an ongoing requirement, recognizable by the HRET, regardless of the standard prescriptive period.
  • Only the State, via its statutory representatives, can question an illegally obtained naturalization certificate. Private individuals cannot raise this issue in an election case involving a naturalized citizen's descendant.
  • In Vilando v. HRET, it was remarked that the HRET's power does not authorize delving into the legality of naturalization judgments to disqualify someone.
  • The House of Representatives Electoral Tribunal lacks jurisdiction over candidates' qualifications who haven't been proclaimed winners, including unqualified party-list nominees.

Proclamation's Effect on Jurisdiction

  • A winning candidate's proclamation removes jurisdiction from the COMELEC, and challenges to the candidate's qualifications must be presented in a quo warranto before the HRET.

HRET Rules and Deadlines

  • Strict adherence to the Reyes case rules might require the HRET to revise its deadlines for filing election protests and quo warranto petitions.
  • Current rules require filing such protests within 15 days of the winning candidates' proclamation, which may expire before June 30 following their election.
  • The interpretation of "Member" in Section 17 may need reconsideration to refer to the officer's nature rather than the candidate's status.
  • The HRET can possess jurisdiction over proclaimed House of Representatives candidates upon their proclamation, without needing them to take oaths or assume office.

Oath and Assumption of Office

  • The oath and office assumption cannot occur before noon on June 30 following the election, as predecessors' terms would not have expired yet.
  • A valid "open session" and quorum are required for the newly-elected House members to take their oaths.

Justice Brion's Dissenting View

  • The majority's ruling allows filing election protests or quo warranto petitions only after the candidate assumes office on June 30, conflicting with HRET rules.
  • This affects future proclamations as they can't be earlier than 15 days from the June 30 cut-off for newly-elected officials' assumption of office.
  • Proclamation of the winning candidate is the operative fact that triggers the HRET's jurisdiction over election contests.

Supreme Court Rulings

  • The HRET's jurisdiction begins only after the candidate is considered a House of Representatives Member and a petition is duly filed with said Tribunal as reiterated in Reyes v. Commission on Elections.
  • Being considered a "Member" requires a valid proclamation, proper oath, and office assumption. A "proper oath" is taken before the Speaker in open session, per House of Representatives Rules.
  • A "proper oath" can only be taken by a new House member once it convenes, usually the fourth Monday of July, or during a special session.
  • The Reyes decision did not address when a proclaimed candidate can take the "proper oath" or when they are considered to have "assumed office".
  • The term of House members starts at noon on June 30 following their election.

COMELEC's Powers

  • The remedy for a winner in congressional elections is to file an electoral protest with the HRET.
  • In Perez, the Supreme Court dismissed a petition filed before it on June 16, 1998, stating that the private respondent was already a Member of the House of Representatives.

Electoral Tribunal Independence

  • The resolution of electoral contests is characterized as an "essentially an exercise of judicial power". The Supreme Court stressed that COMELEC, HRET, and the SET decisions are still subject to judicial review via petition for certiorari, if abuse of discretion is rendered amounting to lack or excess of jurisdiction.

House of Representatives' Power

  • The House of Representatives cannot change its representative in the HRET to thwart a decision reached by the Tribunal.

Senate Independence

  • The independence of the Electoral Tribunals is bolstered by holding that the employees of the Electoral Tribunals are their own, and not of the Senate nor the House of Representatives nor of any other entity. The decisions are not appealable to the Supreme Court except in cases where there is a clear showing of grave abuse of discretion.

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