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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?
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?
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.
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?
According to the Supreme Court, what does the power of the HRET not carry with it?
The House of Representatives Electoral Tribunal would have jurisdiction have jurisdiction over the qualifications of candidates who have not been proclaimed as winners.
The House of Representatives Electoral Tribunal would have jurisdiction have jurisdiction over the qualifications of candidates who have not been proclaimed as winners.
What does the proclamation of a winning candidate divest?
What does the proclamation of a winning candidate divest?
According to the Reyes case, what would strictly adhering to rules necessitate?
According to the Reyes case, what would strictly adhering to rules necessitate?
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?
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?
For the House of Representatives, when does the term of Members commence?
For the House of Representatives, when does the term of Members commence?
According to the Supreme Court, when does the jurisdiction of the HRET begin?
According to the Supreme Court, when does the jurisdiction of the HRET begin?
According to the Court, to be considered a Member of the House of Representatives, which of the following is needed?
According to the Court, to be considered a Member of the House of Representatives, which of the following is needed?
According to Reyes v. Commission on Elections, before whom should a proper oath be taken?
According to Reyes v. Commission on Elections, before whom should a proper oath be taken?
What should the petitioner file to remedy winning in the congressional elections?
What should the petitioner file to remedy winning in the congressional elections?
The decisions rendered by the Electoral Tribunals in the contests mentioned in this section, of which they are the sole judge, are non-appealable.
The decisions rendered by the Electoral Tribunals in the contests mentioned in this section, of which they are the sole judge, are non-appealable.
According to Macalintal v. Presidential Electoral Tribunal , what is 'essentially an exercise of judicial power'?
According to Macalintal v. Presidential Electoral Tribunal , what is 'essentially an exercise of judicial power'?
Electoral Tribunals are courts of law.
Electoral Tribunals are courts of law.
In Robles v. House of Representatives Electoral Tribunal, what was affirmed?
In Robles v. House of Representatives Electoral Tribunal, what was affirmed?
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.
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.
What right did the respondent body (predecessor of the Electoral Tribunals) have?
What right did the respondent body (predecessor of the Electoral Tribunals) have?
In Abbas v. Senate Electoral Tribunal, who were the petitioners?
In Abbas v. Senate Electoral Tribunal, who were the petitioners?
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.
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.
In Puyat v. De Guzman, what did the legislator do after his representation was challenged under the above-mentioned section?
In Puyat v. De Guzman, what did the legislator do after his representation was challenged under the above-mentioned section?
Appearance of the legislator is now only barred before the Electoral Tribunals.
Appearance of the legislator is now only barred before the Electoral Tribunals.
General Court Martial has been characterized by the Supreme Court as any other administrative body.
General Court Martial has been characterized by the Supreme Court as any other administrative body.
What ought not to have been established as a private corporation by a special law?
What ought not to have been established as a private corporation by a special law?
Membership in the Electoral Tribunals is prohibited by the Constitution.
Membership in the Electoral Tribunals is prohibited by the Constitution.
Legislators who serve as treaty negotiators can no longer sit in the Congress.
Legislators who serve as treaty negotiators can no longer sit in the Congress.
What is the term for the simultaneous holding of that office and the seat in the Congress?
What is the term for the simultaneous holding of that office and the seat in the Congress?
For Congress, what is a new provision intended to ensure the probity and objectivity of the members?
For Congress, what is a new provision intended to ensure the probity and objectivity of the members?
Records and books of Congress need not be open to the public.
Records and books of Congress need not be open to the public.
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?
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?
What is the rule that our cases manifest firm adherence to?
What is the rule that our cases manifest firm adherence to?
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 ______.
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 ______.
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?
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?
In US v. Pons, what did the supreme court refuse to go beyond?
In US v. Pons, what did the supreme court refuse to go beyond?
The Court cannot annul any expulsion or suspension of a member unless what?
The Court cannot annul any expulsion or suspension of a member unless what?
According to the document, what significantly constricts the future legislators' room for action and flexibility?
According to the document, what significantly constricts the future legislators' room for action and flexibility?
Which of the following was an example of incompatible office given in the text?
Which of the following was an example of incompatible office given in the text?
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.
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.
In Alauya v. Limbona, what was declared as ineligible, and punished?
In Alauya v. Limbona, what was declared as ineligible, and punished?
According to Section 8 of the law, under what cases no change of names or alteration of the order of nominees shall be allowed?
According to Section 8 of the law, under what cases no change of names or alteration of the order of nominees shall be allowed?
According to the Supreme Court, what does domicile denote?
According to the Supreme Court, what does domicile denote?
What does the literacy requirement now specifically prescribed because of?
What does the literacy requirement now specifically prescribed because of?
According to Article IV, Section 2 of the Constitution what are natural born citizens?
According to Article IV, Section 2 of the Constitution what are natural born citizens?
Under present rules The Congress of the Philippines does not consist of a Senate and a House of Representatives.
Under present rules The Congress of the Philippines does not consist of a Senate and a House of Representatives.
According to Section 2, what shall the Senate be composed of?
According to Section 2, what shall the Senate be composed of?
According to the document, for what was the Senate originally intended?
According to the document, for what was the Senate originally intended?
For what were the unapproved cityhood bills filed during the 11th Congress a good example?
For what were the unapproved cityhood bills filed during the 11th Congress a good example?
In Maquiling v. Commission on Elections, what was declared?
In Maquiling v. Commission on Elections, what was declared?
In social Justice Society v. Dangerous Drugs Board, what was declared unconstitutional?
In social Justice Society v. Dangerous Drugs Board, what was declared unconstitutional?
In Limbona v. COMELEC, what did the Court declare?
In Limbona v. COMELEC, what did the Court declare?
When seeking a change of domicile, a candidate must demonstrate what?
When seeking a change of domicile, a candidate must demonstrate what?
When did the term The members of the Senate have their term originally under the old Constitution?
When did the term The members of the Senate have their term originally under the old Constitution?
Flashcards
When can Electoral Tribunals be invoked?
When can Electoral Tribunals be invoked?
Electoral Tribunals can be invoked after winning candidates are proclaimed.
Citizenship as a Qualification
Citizenship as a Qualification
Citizenship is a continuing requirement for House Members.
Who can question naturalization?
Who can question naturalization?
The state, designated by statute, questions illegally obtained naturalization certificates.
Deadline to file Quo Warranto
Deadline to file Quo Warranto
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HRET Jurisdiction Trigger
HRET Jurisdiction Trigger
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Who Oversees the Oath?
Who Oversees the Oath?
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Filing Protests After Election
Filing Protests After Election
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Proclamation's Effect on COMELEC
Proclamation's Effect on COMELEC
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Electoral Tribunal's Role
Electoral Tribunal's Role
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Requirements for House membership
Requirements for House membership
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Judicial Review of Election Decisions
Judicial Review of Election Decisions
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HRET's Independence
HRET's Independence
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Appeal of Electoral Tribunal decisions?
Appeal of Electoral Tribunal decisions?
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Tribunal's Duty
Tribunal's Duty
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Electoral Tribunal's Independence
Electoral Tribunal's Independence
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Requirement to Keep Journal
Requirement to Keep Journal
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Election of Congress Leaders
Election of Congress Leaders
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Legislative Quorum
Legislative Quorum
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Members' term
Members' term
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When does the congress must convened
When does the congress must convened
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Legislator Contract Restriction
Legislator Contract Restriction
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Enrolled bill vs. Journal
Enrolled bill vs. Journal
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Legislator's Court Appearance Ban
Legislator's Court Appearance Ban
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Incompatible Offices
Incompatible Offices
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Senate has power to do what?
Senate has power to do what?
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Punish Members
Punish Members
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Power of Speech
Power of Speech
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Questioning
Questioning
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Publication Required
Publication Required
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Salaries Determined
Salaries Determined
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Congress with limitations
Congress with limitations
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Senate term type
Senate term type
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Age type
Age type
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2 Types of Congressmen.
2 Types of Congressmen.
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Party System.
Party System.
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Citizenship status
Citizenship status
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Age type
Age type
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Senators must what
Senators must what
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Congress meet
Congress meet
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House of Rep.
House of Rep.
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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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