COMPOSITION QUALIFICATIONS TERMS OF OFFICE

PRESIDENT
VICE PRESIDENT

NATURAL BORN *SIX YEARS

35 Y/O ON THE DAY *JUNE 30
SENATORS 24 ART 6 SEC 2 ART 6 SEC 3 ART 6 SEC 4
ELECTED AT LARGE ABLE TO READ AND WRITE *NO 2 CONSECUTIVE TERMS
REGISTERED VOTER *NO VOLUNTARY
RESIDENT > 2 YRS RENUNCIATION

Senate President: No Fixed

Senate President
Term

*NOT MORE THAN 250 NATURAL BORN *THREE YEARS

MEMBERS 25 Y/O ON THE DAY *JUNE 30
HOUSE OF REP *APPORTIONED AMONG ART 6 SEC 5 ABLE TO READ AND WRITE ART 6 SEC 6 *NO 3 CONSECUTIVE TERMS ART 6 SEC 7
PROVINCES, CITIES AND REGISTERED VOTER * NO VOLUNTARY
METRO MANILA RESIDENT > 1 YR RENUNCIATION

House Speaker House Speaker: No Fixed Term

*20% OF THE TOTAL

PARTY LIST NUMBER OF ART 6 SEC 5 + Member of the partylist
REPRESENTATIVE
SUPREME COURT
 ELECTION SALARIES SESSION
PRESIDENT 300K ART 18 SEC 17
VICE PRESIDENT

2ND MONDAY OF MAY; DETERMINED BY LAW; ONCE EVERY YEAR

ART 6 SEC 8 NO INCREASE UNTIL THE
SENATORS VACANCY- SPECIAL ELECTION 4TH MONDAY OF JULY
(WILL ONLY SERVE THE Spec Elec: RA EXPIRATION OF FULLTERM ART 6 SEC 10 CONTINUES UNTIL 30 DAYS BEFORE
ART 6 SEC 15
6645 OF ALL MEMBERS
UNEXPIRED TERM) APPROVING SUCH INCREASE NEXT SESSION

Senate President: Majority THE PRESIDENT MAY CALL ON

Senate President Art 6 Sec 16(1)
Vote SPECIAL SESSION ANY TIME

DETERMINED BY LAW;
2ND MONDAY OF MAY; ONCE EVERY YEAR
VACANCY- SPECIAL ELECTION ART 6 SEC 8 NO INCREASE UNTIL THE 4TH MONDAY OF JULY
HOUSE OF REP Spec Elec: RA EXPIRATION OF FULLTERM ART 6 SEC 10 ART 6 SEC 15
(WILL ONLY SERVE THE CONTINUES UNTIL 30 DAYS BEFORE
UNEXPIRED TERM) 6645 OF ALL MEMBERS NEXT SESSION
APPROVING SUCH INCREASE

House Speaker House Speaker Majority Vote Art 6 Sec 16(1) THE PRESIDENT MAY CALL ON
SPECIAL SESSION ANY TIME

PARTY LIST

SUPREME COURT
 PRIVILEGES
PRESIDENT
VICE PRESIDENT

1. Freedom From Arrest (> 6 yrs)

SENATORS 2. Freedom of Speech (outside) Art 6 Sec 11
all while in sesssion

Senate President

1. Freedom From Arrest (> 6 yrs)

HOUSE OF REP 2. Freedom of Speech (outside) Art 6 Sec 11
all while in sesssion

House Speaker

PARTY LIST

SUPREME COURT
 Syllabus CASES LAW TOPIC SUMMARY RULING HELD
Constitutional It allowed other districts to have
Congress - Composition, Provision of Assaling constitutionality of RA 3040;
Matias v Comelec ART 6 SEC 5 VOID, UNCONSTITUTIONAL more representative irrespective of
Qualification and Term of Office proportional apportioning the 120 seats in HOR the population and less for others
representation

The plebiscite did not include

Assailing constitutionality of BP 885 creating a
Congress - Composition, voters in the remaining areas
Tan V Comelec Art 11 Sec 3 Plebiscite new province, plebscite for ratification only VOID, UNCONSTITUTIONAL outside
Qualification and Term of Office of the new province (which
included that of the new province are also affected by the change)

The 20% quota is not mandatory,

Comelec gravely abused its discretion for what is mandatory is the 2% votes.
Congress - Composition, Veterans V Comelec RA 7941 and Art 2% Rule of Party List allowing partylist who did not reach the 2% VOID, UNCONSTITUTIONAL The statutory provision on 2
Qualification and Term of Office 6 Sec 5 System quota a seat in HOR to reach the 20% percent requirement is precise and
requirement of Constitution crystalline

Cannot be disqualified merely on

Challenging the Resolution 3785 allowing REMANDED, COMELEC TO the ground that they are a political
Congress - Composition, Bagong Bayani V Art 9 Sec 7 and 8 Who may be voted in participation of 154 organications, on grounds CONDUCT EVIDENTIARY party, The court laid down
Qualification and Term of Office Comelec the partylist System of being a political party HEARING guidelines on what constitutes
party list rep

Residency in a condiminuim is not

sufficient. The purpose of the
Aquino filed Certificate of candidacy stating he
Congress - Composition, Residency requirement is to avoid strangers
Aquino V Comelec Art 6 Sec 6 has been residing for more than a year in VOID, UNCONSTITUTIONAL from taking advantage
Qualification and Term of Office Requirement of HOR for electoral
Makati by virtue of contract of lease gain. It defeats the purpose of the
requirement

Congress - Composition, Residency Amended COC claiming residency since

Marcos V Comelec Art 6 Sec 6 CONSTITUTIONAL Domicile of origin is not easily lost
Qualification and Term of Office Requirement of HOR childhood
 Syllabus
Congress - Composition,
Qualification and Term of Office
Congress- Organization and
Sessions
Congress- Organization and
Sessions
Congress- Organization and
Sessions
Congress- Organization and
Sessions
CASES LAW TOPIC SUMMARY
Petition to prohinity Torayno from running.
Residency Torayno ran in Cagayan De Oro (a chartered
Torayno V Comelec Art 6 Sec 6
Requirement of HOR city). This was assailed because he has been
governor of Misamis
Santiago peitition that Tatad should be the
Santiago V Guingona Art 6 Sec 16 (1) Election of Officers minority leader since he is the one who lost
the election for the Senate Presidency
Peitioner Avelino, then Senate president
adjourned and walked out with 10 other
senators. Cuenco and 12 remaining continued
Avelino v Cuenco Art 6 Sec 16 (2) Quorum the session and replaced him. Petitioner
contends that Cuenco was not validly elected
because they did not constitute majority, thus
no quorum
Petitioner was appointed as Municipal Judge,
and was confirmed. A day after a member of
Art 16 Sec 16 Commission on Appointmens filed a petition
Pacete V Comm on
Rule 21 Rules of Rules on Proceeding for reconsideration of confirmation. Petitioner
Appointments
Proceedings was advised that after the motion for
reconsideration automatically vacates the
position
Assailing the validity of the approval of Sin Tax
Arroyo V De Venecia House Rules Rules on Proceeding for violating House Rules. Arroyo insists that
he was prevented from speaking
RULING HELD
The purpose is best met by
individuals who have either had an
actual residence in the area for a
PETITION DENIED
given period or who have been
domiciled in the same area wither
by origin or choice.
The constitutional provision to
THE COURT MAY NOT elect senate president by majority
INTERVENE; LEGISLATIVE does not delienate who will
ACTION comprise the minority and majority
leader
The constitution states "each
house" means The House not "all
PETITION DENIED members". The 12 members will be
sufficient to constitute a quorum,
being a majority of 23, not 24
The mere filing of reconsideration
does not nullify the confirmation.
The constitutional requirement is
CONFIRMATION STANDS
clear, there needs to be either
rejection or non action of
Commission of Appointmens.
Mere failure to conform with the
THE COURT MAY NOT
House Rules does not invalidate the
INTERVENE; LEGISLATIVE
action. The court cannot intereven
ACTION
because it is merely internal rules.
 Syllabus CASES LAW TOPIC SUMMARY RULING HELD
Alejandrino was suspended for assaulting
Congress- Organization and Discipline of Internal rules of Congress and
Alejandrino V Quezon Art 16 Sec 16(3) another member. Petitioner assails validity of POLITICAL QUESTION
Sessions Members courts may not intervene
resolution

Art 6 Sec 15 protects him from

being questioned in any other
Rule 17 Sec 7 Disciplinary proceedings were isntituted
Congress- Organization and places but not inside of Congress.
Osmena V Pendatum (responsibility for Privilege Speech against Osmena for the speech he delivered RULES APPLY
Sessions Rule 17 Sec 7 also recognized
words) addressing the President power of the House to hold
member responsible for his words

Authority of the Sandiganbayan to

Congress- Organization and
Sessions
suspend in violation of RA 3019.
Authority of
Santiago V Santiago assails the validity of the suspension Congress- Organization and Sec 13 provides, any offense
RA 3019 Sandiganbayan to
Sandiganbayan of Sandiganbayan Sessions involving fraud shall be suspended
suspend from office. Sandiganbayan merely
adhered to the mandate of the law.

Congress- Organization and De Venecia V

Sessions Sandiganbayan

Enrolled bill in conclusive upon the

Petitioner assails that the phrase "Urea courts. If there is any mistake, the
Congress- Organization and Casco Chemical V Enrolled Bill Enrolled Bill prevails Formaldehyde" used in the law should be read Enrolled Bill is conclusive remedy is by amendment or
Sessions Gimenez Theory as Urea AND Formaldehyde; error in printing. curative legislation not judicial
decree.

Accused contends that the statute he was Legislative journals are the acts of
WON courts can look prosecuted is invalid for having been passed the Government itself. There is a
Congress- Organization and Art 6 Sec 16 beyond the journal to
United States V Pons after the last allowable day of legislative PETITION DENIED rule on the verity and
Sessions (Journals) determine time of sessions, petitioner assail that the clock was unimpeachability of legislative
adjourment stopped records
 Syllabus CASES LAW TOPIC SUMMARY RULING HELD

1. Yaes and Naes of 3rd and final reading

2. Veto Message of the President
Congress- Organization and Matters to be entered Art 6 Sec 16 Matters to be entered 3. Yaes and Naes on the repassing
Sessions in the journal (Journals) in the journal 4. Yaes and Naes on any question at the
request of 1/5 of the Congress

Enrolled bill prevails over journal excet on

Congress- Organization and Journal Entry VS Enrolled Bill Which prevails matters required to be entered in the
Sessions Enrolled Bill Theory legislative journals

Congressional record contains the verbatim

Congress- Organization and Congressional Record What is? transcript of all proceedings in the house and
Sessions of its committees

a. Pass a bill on special election

Congress- Organization and Special Sessions b. 2/3 declaring President unable to work (Art
Special Sessions Art 6 Sec 15
Sessions without need of call 7 Sec 10)
3. Extend or revoke Martial Law

Congress- Organization and Joint Sessions Meet Jointly Except to extend or revoke Martial Law (Art 7
Sessions Vote Separately Sec 18)

1. Break tie of Pres and VP (Art 7 Sec 4(5)

Congress- Organization and Meet Jointly 2. Decides on Pres Inability (Art 7 Sec 11(4)
Joint Sessions
Sessions Vote Separately 3. Declares Existence War (Art 6 Sec 23(1)
4. Vacancy of VP (Art 7 Sec 9)

The purpose of the law is to avoid

influence of self-interest in its
Congress- Salaries, Privileges and Art 6 Sec 14 Effectivity of Salary Petitioner filed for the salary increased be
Philconsa V Mathay PETITION DENIED adoption. Term must have expired
Disqualification (1935) Increase released according to the new law before the increase becomes
operative
 Syllabus CASES LAW TOPIC SUMMARY RULING HELD

Such a scheme would contravene

A Law was passed increasing the retirement the Constitution for it would lead to
Congress- Salaries, Privileges and Art 6 Sec 14 Increasing Retirement gratiuty and the increase would be made basis VOID, UNCONSTITUTIONAL the same prohibited result. A
Ligot V Mathay
Disqualification (1935) Gratuity in computing the retirement pay of retirement gratuity is a form of
incumbment members compensation to their salary as
provided by law.

Jaloslos (GAGO) who is confined at the 1. Membership in congress does

pentitentiary for rape and acts of not exempt an accused from
Congress- Salaries, Privileges and People V Jalosjos Art 6 Sec 11 Freedom From Arrest lasciviousness files a motion asking that he be PETITION DENIED statutes which apply to validly
Disqualification allowed to discharge his duties as incarcinated persons
congressman 2.