Philippine Constitution Overview
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Questions and Answers

What is required for each House to elect its President or Speaker?

  • A plurality of votes
  • Two-thirds majority
  • Unanimous consent
  • A majority vote of all its Members (correct)

A smaller number than a majority can adjourn from day to day and compel attendance of absent Members.

True (A)

Which of the following is NOT a qualification for someone to be elected President?

  • Natural-born citizen of the Philippines
  • At least forty years of age
  • Must be a resident for twenty years (correct)
  • Able to read and write

What is the maximum penalty of suspension imposed on a Member of Congress?

<p>Sixty days</p> Signup and view all the answers

Each House shall keep a Journal of its proceedings, excepting such parts as may affect _____ security.

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

A Vice-President can serve more than two successive terms.

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

Match the following components to their respective descriptions:

<p>Electoral Tribunal = Composed of Justices and Members for election contests Commission on Appointments = Consists of Senators and Members for appointments President of the Senate = Acts as ex officio Chairman of appointments Senior Justice = Chairman of the Electoral Tribunal</p> Signup and view all the answers

What is the term duration for the President and Vice-President?

<p>six years</p> Signup and view all the answers

How many Members comprise each Electoral Tribunal?

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

The regular election for President and Vice-President shall be held on the second Monday of __________.

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

Match the following roles with their qualifications:

<p>President = Natural-born citizen, at least 40 years old, resident for 10 years Vice-President = Same qualifications as the President Election = Held on the second Monday of May Term = 6 years</p> Signup and view all the answers

Each House may adjourn for more than three days without the consent of the other House.

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

Who is designated as the Chairman of the Electoral Tribunal?

<p>The senior Justice</p> Signup and view all the answers

What happens if two or more candidates receive the highest number of votes?

<p>The Congress will choose a winner (C)</p> Signup and view all the answers

What is required before a compensation increase for members of the Senate and House of Representatives takes effect?

<p>Full term expiration of all members approving it (A)</p> Signup and view all the answers

The President can serve an unlimited number of consecutive terms.

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

What is required for the Vice-President's appointment as a Member of the Cabinet?

<p>No confirmation required</p> Signup and view all the answers

Members of Congress can be arrested for offenses punishable by more than six years imprisonment while Congress is in session.

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

What must all Members of the Senate and House of Representatives disclose upon assuming office?

<p>Their financial and business interests</p> Signup and view all the answers

Who can vote in the Commission?

<p>The Chairman in case of a tie (A)</p> Signup and view all the answers

No Senator or Member of the House of Representatives may hold any other office or employment in the Government during his term without __________ his seat.

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

The Commission on Appointments may meet any time of the year, regardless of Congress sessions.

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

What is the time frame for the Commission to act on appointments after submission?

<p>Thirty session days</p> Signup and view all the answers

Which of the following is NOT allowed for Members of Congress during their term?

<p>Participating in congressional debates (C)</p> Signup and view all the answers

Match the activities with their corresponding restrictions for Members of Congress:

<p>Holding another government job = Forfeiting their seat Appearing as counsel in court = Not allowed Increasing emoluments during term = Not allowed Disclosing financial interests = Required</p> Signup and view all the answers

The Congress has the power to declare a state of ______ by a vote of two-thirds of both Houses.

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

Match the following sections with their corresponding functions:

<p>Section 19 = Formation of Electoral Tribunals and Commission on Appointments Section 20 = Auditing of Congress records Section 21 = Conduct of inquiries in aid of legislation Section 22 = Department heads appearing before Congress</p> Signup and view all the answers

The regular session of Congress convenes on the third Monday of July every year.

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

What must happen for department heads to appear before Congress?

<p>They need the consent of the President. (C)</p> Signup and view all the answers

What can the President do regarding Congress sessions?

<p>Call a special session</p> Signup and view all the answers

The rights of persons appearing in legislative inquiries are always disregarded.

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

What is the function of the Commission on Audit?

<p>To audit the records and accounts of Congress.</p> Signup and view all the answers

Who is the sole judge of contests relating to the election of the President or Vice-President?

<p>The Supreme Court (A)</p> Signup and view all the answers

The President's salary may be decreased during their tenure.

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

What must the President-elect do before entering into office?

<p>Take the oath of office</p> Signup and view all the answers

The Vice President-elect shall act as President if the President-elect fails to __________.

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

Match the following roles with their responsibilities:

<p>President = Chief executive of the nation Vice President = Assumes office if the President-elect fails to qualify President of the Senate = Acts as President when both President and Vice-President are unavailable Speaker of the House = Acts as President in case of Senate President's inability</p> Signup and view all the answers

What happens if the President-elect dies before assuming office?

<p>The Vice President-elect becomes President (B)</p> Signup and view all the answers

What is the last part of the oath of office that is omitted in case of affirmation?

<p>So help me God</p> Signup and view all the answers

The President and Vice-President can receive additional compensation from other sources during their tenure.

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

Who has the authority to appoint the regular members of the Judicial and Bar Council?

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

The Chief Justice serves as the ex officio Chairman of the Judicial and Bar Council.

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

What is the term length for the representative of the Integrated Bar in the Judicial and Bar Council?

<p>four years</p> Signup and view all the answers

The Clerk of the Supreme Court acts as the Secretary __________ of the Judicial and Bar Council.

<p>ex officio</p> Signup and view all the answers

Which of the following members is NOT part of the Judicial and Bar Council?

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

Match the following positions with their functions in the Judicial and Bar Council:

<p>Chief Justice = Ex officio Chairman Secretary of Justice = Ex officio Member Professor of Law = Regular Member Clerk of the Supreme Court = Secretary ex officio</p> Signup and view all the answers

The Members of the Supreme Court hold office until they reach the age of __________.

<p>seventy years</p> Signup and view all the answers

The appointments of the Members of the Supreme Court require confirmation from the Commission on Appointments.

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

Flashcards

Salary Increase Restriction

Salary increases for members of Congress can't take effect until after the current terms of all Senators and Representatives have ended.

Congressional Immunity

Senators and Representatives are protected from arrest for minor offenses while Congress is in session.

Freedom of Speech and Debate

Members of Congress can't be sued or punished for their speeches or debates in Congress.

Financial Disclosure

All Senators and Representatives must disclose their financial interests when they take office.

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Conflict of Interest Reporting

Members of Congress must report potential conflicts of interest if they introduce a bill that might benefit their own businesses.

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Prohibition on Holding Other Offices

Senators and Representatives can't hold other government jobs while in office.

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Restrictions on Outside Activities

Members of Congress can't represent clients in court, work for the government, or profit from contracts with the government while in office.

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Congressional Sessions

Congress meets annually on the fourth Monday of July unless a different date is set by law.

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How does the Commission on Appointments vote?

The Commission on Appointments makes decisions by majority vote of its members.

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What is the time limit for the Commission on Appointments to act on appointments?

The Commission on Appointments must act on all appointments within 30 session days.

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Can the Chairman of the Commission on Appointments vote?

The Chairman of the Commission on Appointments can only vote in case of a tie.

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When is the Commission on Appointments formed?

The Commission on Appointments is formed within 30 days after the Senate and House are organized.

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When does the Commission on Appointments meet?

The Commission on Appointments meets only when Congress is in session.

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Who audits the Congress's financial records?

The Commission on Audit audits the Congress's financial records and publishes an annual report.

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What can the Senate or House of Representatives do to help with legislation?

The Senate or House of Representatives can conduct inquiries to help with legislation.

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Can heads of departments appear before Congress?

The President can appear before Congress and be heard on matters related to their department, with certain conditions.

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Qualifications for President

A person must be a natural-born citizen of the Philippines, a registered voter, literate, at least 40 years old on the day of the election, and a resident of the Philippines for at least 10 years prior to the election.

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Vice-President's Qualifications and Role

The Vice-President has the same qualifications, term of office, and election process as the President. They can also be appointed to the Cabinet.

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Presidential Term

The President and Vice-President serve a six-year term, starting on June 30th after the election.

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Term Limits

The President is not eligible for re-election. A Vice-President can only serve for two consecutive terms. Serving less than a full term doesn't count as a term.

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Election Date

The regular election for President and Vice-President is held on the second Monday of May, unless otherwise specified by law.

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Election Canvas

Each province or city sends certified election returns to Congress, which then canvasses the votes to determine the winner.

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Tiebreaker

In the case of a tie for the presidency, the members of both houses of Congress vote separately to decide the winner.

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Congress Role in Election

Congress sets the rules for canvassing the election results.

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What power does the Supreme Court have regarding presidential elections?

The Supreme Court has the authority to decide disputes about the presidential and vice-presidential elections, including the counting of votes and qualifications.

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What oath must the President take before assuming office?

The President, Vice President, or Acting President must take an oath to uphold the Constitution, execute the laws, and serve the nation before assuming office.

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How is the President's salary determined?

The President's salary is set by law and cannot be reduced while in office. Any salary increase takes effect only after the current term ends.

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What happens if the President-elect can't assume office?

If the President-elect is unable to qualify, the Vice President-elect becomes Acting President until the President-elect can take office.

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What happens if a president is not chosen by the start of the term?

If no president has been chosen by the beginning of the term, the Vice President-elect becomes Acting President until a president is chosen.

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What happens if the President-elect dies before taking office?

If the President-elect dies or becomes permanently disabled, the Vice President-elect becomes President.

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What happens if both the President and Vice President are unavailable?

If the President and Vice President both die or become permanently disabled, the President of the Senate or, if unavailable, the Speaker of the House of Representatives takes on the role of President temporarily.

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Where does the President live?

The President has an official residence provided by the government.

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Quorum for official business

The majority of members in each house (Senate and House of Representatives) are required to conduct official business. If fewer members are present, they can only adjourn for the day and can force absent members to attend.

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House Rules & Discipline

Each house of Congress (Senate and House of Representatives) can create its own rules, punish members for bad behavior, and even remove members with a two-thirds vote. However, suspensions cannot exceed 60 days.

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Transparency in Congress

Each house keeps a record of its proceedings, publishing most of it. Only information that could harm national security is kept secret. Members can also request a vote count to be recorded.

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Congress Adjournment Rules

Neither the Senate nor the House can adjourn for more than three days, and they can only move to a new location if both houses agree. This ensures that Congress stays active and doesn't avoid work.

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Electoral Tribunal

The Senate and House of Representatives each have a special court called an Electoral Tribunal. It decides disputes about election results, qualifications, and returns of their members. The tribunal includes judges and members of Congress to ensure fairness.

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Commission on Appointments

The Commission on Appointments helps the President choose who will be appointed to positions like ambassadors and judges. It includes senators and representatives ensuring that political parties are represented.

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Leading the Houses of Congress

The Senate chooses its President, and the House of Representatives chooses its Speaker, both through a majority vote. Each house can also pick other officials if they believe it's necessary.

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House Rules

Each house of Congress, both Senate and House of Representatives, has the ability to make its own rules about how it functions. These rules cover procedural matters, organization, and even penalties for members.

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What is the Judicial and Bar Council?

A body created to recommend appointees for judicial positions in the Philippines. It's composed of the Chief Justice, Secretary of Justice, a representative of the Congress, a representative of the Integrated Bar, a professor of law, a retired Supreme Court Justice, and a representative of the private sector.

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How are members of the Judicial and Bar Council appointed?

The President appoints members of the Judicial and Bar Council for a term of four years, with the consent of the Commission on Appointments. The initial appointments for different members have staggered terms ranging from one to four years.

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How does the Judicial and Bar Council influence judicial appointments?

The Judicial and Bar Council recommends a list of at least three nominees to the President for each vacant judicial position. The President then appoints from this list without needing confirmation.

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Who has the power to discipline lower court judges?

The Supreme Court en banc (full court) has the power to discipline or dismiss judges of lower courts through a majority vote of the participating justices.

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How are judicial salaries decided?

The salaries of the Chief Justice, Associate Justices, and lower court judges are determined by law. Their salaries cannot be reduced during their tenure.

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What is the tenure of Supreme Court Justices and lower court judges?

Judges of the Supreme Court and lower courts serve during good behavior, meaning they can only be removed for misconduct, until they reach the age of 70 or become incapacitated.

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How is the Judicial and Bar Council funded?

The Supreme Court provides funding for the Judicial and Bar Council in its annual budget.

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What are other functions of the Judicial and Bar Council?

Besides recommending judicial appointees, the Judicial and Bar Council can carry out other duties as assigned by the Supreme Court.

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Study Notes

Preamble

  • The Filipino people, seeking divine aid, establish a just society and government.
  • The ideals and aspirations of the people are to promote the common good, conserve and develop the patrimony, and secure freedom, love, equality, and peace.

Legislative Department

  • Section 1: Legislative power vested in Congress (Senate and House of Representatives).
  • Section 2: Senate composed of 24 Senators elected at large by qualified voters.
  • Section 3: Senator qualifications: natural-born Filipino citizen, 35 years of age or older on election day, able to read and write, registered voter, and resident of the Philippines for at least two years.
  • Section 4: Term of office for Senators is 6 years, commencing on the 30th day of June following their election. No Senator can serve for more than two consecutive terms. Voluntary renunciation of office does not interrupt serving the full term.

House of Representatives

  • Section 5: House of Representatives composed of no more than 250 members, unless otherwise determined by law. Members are elected from legislative districts (proportional to population) and through a party-list system.
  • Section 6: House of Representatives' Member qualifications: natural-born Filipino citizen, 25 years of age or older, able to read and write, registered voter in the district, resident for at least 1 year prior to the election.
  • Section 7: Term of office for House members is 3 years. No member may serve more than three consecutive terms. Voluntary renunciation does not interrupt service.
  • Section 8: Regular elections for Senators and Representatives held on the second Monday of May unless otherwise provided by law.

Congressional Sessions & Leadership

  • Section 15: Congress convenes annually on the fourth Monday of July for a regular session.
  • Section 16: Senate elects a President and House elects a Speaker (majority vote). House members may compel attendance of absent members.
  • Section 16-4: Each House has rules to manage order, suspension or expelling.
  • Section 17: Electoral Tribunals are established to determine election contests for Senate and Representative members.

Special Powers & Legislative Processes

  • Section 20: Congress holds authority to preserve records and books, audited by the Commission on Audit annually.
  • Section 21: Senate or House committees conduct inquiries for legislation.
  • Section 22: Department heads can testify before Houses on legislative matters.

Budget, Taxation, & Financial Matters

  • Section 25: Congress may not increase the president's appropriations, adhering to budget law standards.
  • Section 25-2: No general appropriation bills unless it relates specifically to a particular appropriation.
  • Section 25-3: Congress' approval procedure for appropriations follows steps applicable to the other departments and agencies.
  • Section 25-4: Special appropriations bills must identify and be supported by available funds.
  • Section 25-5 & 6 Congress can authorize transfer of funds but requires guidelines and appropriate vouchers.
  • Section 26: All bills must embrace a single subject.

Bill Passage and Veto

  • Section 27: Every bill must be presented to the President. If signed it becomes a law. A veto can be overridden by two-thirds vote from each house.
  • Section 27-2: President can veto specific items within appropriation bills.
  • Section 28: Rules of taxation and power to set tariffs, import & export quotas.
  • Section 28-3: Charitable institutions and related properties are exempt from taxation.

Other Provisions

  • Section 29: No money paid out of Treasury without appropriation (by law). No public funds for religion or religious personnel. Special funds used for specified purposes.
  • Section 30: No Congressional law may increase the Supreme Court's appellate jurisdiction without Court advice.
  • Section 31: No law granting a title of royalty or nobility shall be enacted.
  • Section 32: Congress must enact legislation for an initiative and referendum system.

Executive Department

  • Section 1: Executive power vested in the President.
  • Section 2: President qualifications: natural born citizen, registered voter able to read and write, at least 40 years old, resident of the Philippines for at least 10 years prior to election.
  • Section 3: Vice President with same qualifications and term as President, removes from office same way as President. Can be Member of Cabinet.
  • Section 4: President and Vice President terms of office is 6 years. President cannot be re-elected.

Presidential Inability and Serious Illness

  • Section 11: President can declare inability to discharge powers, duties are discharged by Vice-President.
  • Section 12: Cabinet declares Presidential inability, Vice-President becomes temporary President. Congress determines Presidential inability by a two-thirds vote.
  • Section 13: President, Vice President, Cabinet, and their deputies cannot hold other office, participate in business, or be financially interested in contracts with the government.

Powers and Duties of the President

  • Section 13: President is Commander-in-Chief of armed forces, can call forces out to prevent unlawful acts. Can suspend habeas corpus during invasion/rebellion.
  • Executive departments are under control of the President, and this office ensures laws are faithfully executed.

Appointments

  • Section 14 Appointments made by Acting President effective until revoked by elected President within 90 days.
  • Section 15: Appointments limited in two months before election.
  • Section 16: President nominates heads of executive departments, ambassadors, and other prominent officials. Congress approves these appointments. May make appointments while Congress is not in session.
  • Section 17: President controls executive departments.

Judicial Department

  • Section 1: Judicial power vested in Supreme Court and lower courts.
  • Section 2: Congress determines jurisdiction of courts but cannot diminish Supreme Court's jurisdiction.
  • Section 3: Judiciary enjoys fiscal autonomy. Appropriations cannot decrease below prior year's.
  • Section 4: Supreme Court composed of Chief Justice and 14 Associate Justices. Any vacancies filled within 90 days.
  • Section 5: Supreme Court's original jurisdiction over specific cases and appellate jurisdiction (for cases decided by lower courts). Cases must be decided in consultation.

Administrative Functions and Supervision

  • Section 6: Administrative supervision of supreme court over all courts and personnel.
  • Section 7 No one can serve as Supreme Court member if they are not a natural born citizen of the Philippines, and have not been a judge for at least 15 years (or engaged in law practice for that amount of time).
  • Section 8: Judicial and Bar Council established to oversee the appointment of judges and other judicial matters.

Tenure, Salaries, and Prohibitions

  • Section 10: Supreme Court, and lower courts, judges, salaries are determined by law but cannot be decreased once in office.
  • Section 11: Supreme Court members in good standing have life tenure.

Judicial Decisions and Resolutions

  • Section 13: Court decisions follow specific procedures, documented and reviewed by all judges.

Timelines and Reporting

  • Section 15: Cases are resolved within specific timeframes (24 months for Supreme Court).

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Description

This quiz focuses on the preamble and legislative department of the Philippine Constitution. It covers the ideals of society, the roles of Congress, and the qualifications and terms for Senators. Test your knowledge on these foundational elements of the Philippine government.

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