YT YouTube2Text

YouTube2Text → Transcripts → The Legislative Department, Part 2

The Legislative Department, Part 2 — Transcript

by Atty. Alman Namla, LLM · 5,825 words · 969 segments · language en · Watch on YouTube

Open in transcriber Summarize with AI Download SRT/VTT

Full transcript

0:02Good afternoon. So, salalamu allayikum.
0:06And of course, this is a recorded
0:08lecture uh to pair with our
0:13first ever
0:16open notes quiz. So, this the quiz will
0:19be in a PDF uh format. So I wish that
0:25you send it or you upload it also using
0:31uh in in PDF format. Okay. So that uh
0:37I can just for ease of formatting
0:42word
0:45scramble the formatting is on and off.
0:49So here
0:50uh the quiz will be more resable.
0:55No, it's open notes and um there are
0:59only 10 questions. Um some questions can
1:03be answered better if you listen to this
1:07and then um
1:10you can
1:14uh submit it uh before 5:00 p.m. today.
1:18Okay, if this is Saturday
1:21uh January
1:24January uh sorry January September 12.
1:28Okay. So let's go to what will we cover
1:31today? And we will cover the
1:33qualifications
1:35uh regular uh and special election
1:38salaries, privilege from arrest,
1:41uh disclosure and prohibitions
1:44and um as you may know
1:48uh the
1:51sessions the officers they were late
1:53just recently we had an issue with who
1:56really is the Senate President uh who is
1:58the Senate President promporary
2:01uh director ederal tribunals if there
2:03are any disputes as to uh there there's
2:06an election contest involving the
2:09election the returns the qualifications
2:12of the members of Congress um the
2:18commission on appointments the records
2:20and books of accounts inquiries in aid
2:23of legislation we have discussed this
2:25slightly
2:27contempt power and its limits and the
2:29module reminders
2:315:00 p.m. po. Okay. So, I hope you've
2:34listened. Uh, but before I begin, no, I
2:38hope you have watched our discussion on
2:43uh when I discuss the 2026
2:46bar exam. No, as you can see, Mejo. Uh,
2:51I'm happy with the with with uh the the
2:56way questions were were asked. No,
2:59because it it's remotely similar. It's
3:03very similar to the type of questions I
3:07asked. I did not give out tips, but I
3:10conducted the lecture on critical areas
3:12in political law and international law,
3:14public international law. And um
3:17questions were around the topics I
3:20discussed were were asked. No, 16 out of
3:2220 can be gleaned from the syllabus. So
3:26right now you have your syllabus. As you
3:29may have noticed if you watched or if
3:31you listen to the to my breakdown and to
3:33the to my suggested answers to the
3:36political law examuss
3:46cases no or if you just read all of the
3:49cases you there's a good chance that you
3:51have you have the answer for each of the
3:56questions there. Okay. So not saying
3:59that you are qualified already to take
4:02the bar but some of the questions there
4:05you can answer yourself. Okay. So uh the
4:08five qualifications no of
4:11representatives the the rule the first
4:14rule is that it is exclusive. You cannot
4:17uh neither congress nor the kale may add
4:21to it. Um the second rule is that
4:24qualifications are continuing. They must
4:27exist on election day and throughout the
4:29term. Soila
4:31during the entire entire term that
4:34they're serving
4:36they are able to read and write naturalb
4:38born citizens
4:40resident
4:42residency requirement
4:44and age is recorded on the day of
4:46election. Okay. So not on the filing of
4:48the CSC not on uh assumption. So that uh
4:54on the day for example if it's a May 10
4:57on that day you're at least 35 or 25
5:01whichever the case may be you know as a
5:03member of Congress. So the residence
5:05here means doicile we have already taken
5:08up the case of Akina versus Com. So you
5:11know what that means.
5:13So the case of Benzison versus Cruz when
5:16you when someone
5:20uh is repatriated
5:22their whole uh their whole
5:28uh citizenship is uh restored. Okay. So
5:33you could have gone to the US to become
5:36an American citizen, naturalized
5:38citizen. And when you come back
5:42and then you do the requisites, you have
5:46uh uh taken your oath. You have
5:51you have taken your oath. You you have
5:54um what else? You have
5:58sworn an oath of allegiance and you have
6:00renounced your foreign citizenship. you
6:02are now a a Filipino again.
6:06So the challenge here was that he was no
6:08longer natural born, hence disqualified.
6:10Of course not. Repatriation is a
6:12recovery of the original status. Okay.
6:17So I hope that's clear.
6:21Aina versus Kamal Aino list a condo unit
6:23in Makati and claimed the district's
6:26one-year residence. So the elements of
6:30doicile physical presence animus manendi
6:33I have discussed this already the intent
6:36to remain and animus nonreendi the
6:40intent to abandon the old domicil. So
6:43the domicle of origin here is not lost
6:46until a new one is validly
6:49uh acquired.
6:52Okay not necessarily
6:54the property ownership is not uh
6:57required.
6:58You can be renting a place as long as
7:00you have that intent and it can be
7:03established from the evidence that you
7:05wish to stay.
7:08Okay. So short-term leaves on the eve of
7:11elections it will betray the absence of
7:15animous manendi. So here Aino failed the
7:17one-year dis domiciliary requirement.
7:21Okay.
7:27So, sorry. This was the case of Aino
7:29versus Comic. No, Congress cannot add to
7:33the list. Maka versus Bora and SJS
7:37versus drugs board.
7:40Okay. Ways the tenure of a member
7:44uh may be shortened. So, panda is
7:46shortened. If you the term here you have
7:50to define is the fixed period of office
7:53set by the constitution. Tenure on the
7:57other hand is the period of actual
7:59incumbency. Okay.
8:04The term itself cannot be shortened by
8:06law but tenure if you wish to you know
8:09resign if you wish if you are ousted if
8:12the law allows you to shorten it you can
8:14shorten the the tenure. So for feature
8:18upon accepting an incompatible office.
8:20So remember when uh Senator Angara was
8:24still senator he accepted a position at
8:26the deped. So he had to resign because
8:29an it is an incompatible office.
8:33So exam expulsion by twothirds vote of
8:36all members. You may know Congress meow
8:40um Kiko Barzaga who was ousted
8:45by the electoral tribunal in a proper
8:47election contest.
8:52You can be uh removed from office in
8:56Congress from your congressional seat.
8:59Voluntary res resignation or death.
9:02conviction of a crime carrying the
9:05disqualification from public office
9:08doctrine.
9:10Okay.
9:14So
9:20next slide. Okay. So in the case of
9:22Kinto you must understand the here the
9:27doctrine is that uh
9:32representatives serve a term of 3 years
9:35for not more than three consecutive
9:37terms
9:38on the
9:41the deems designed deem resigned rule.
9:48Okay.
9:50The December 1, 2009 decision voided the
9:53automatic resignation of appoint of an
9:56appointed official. Okay. So the
10:00simplest way to explain this this
10:02doctrine is that
10:05uh when you are a in an appointed
10:09position for example you work in the
10:11government you did you were not elected.
10:14If you file your COC you are deemed
10:16resigned. Okay.
10:18file resignation letter or resignation
10:22you will be deemed resigned from that
10:24office if so facto. Okay. So here in
10:28this case
10:30uh what what what
10:33was made finalized here what was made
10:36final is that elective officials can be
10:41uh can file their coc's
10:44without uh resigning without being
10:47deemed resigned. Okay so even though
10:50even though they will be they will be
10:53filing their coc for example co uh
10:55senator
10:57president, they will not be deemed
10:59resigned. Okay? But if you're the dep
11:01secretary and you're going to file your
11:04certificate of candidacy for the
11:05presidency for a for a senate seat, that
11:08will uh have the effect of voiding your
11:13seat, your appointed seat or your
11:16appointive position. Okay? So voluntary
11:19renunciation of office does not
11:21interrupt the continuity of service for
11:24the three term count.
11:27So regular and special elections uh in
11:29Cordillia
11:31here Cordillia won and overwhelmingly
11:35but the Kale second division had
11:38disqualified him. Okay. So the ruling
11:41was reversed by the NB bank.
11:45NB bank here is the okay
11:48nbank Supreme Court NB
11:52bank. So here uh the kalech
11:59decided
12:01that he was not disqualified. Okay. So
12:04the speaker refused to
12:08the speaker sorry for the slide the
12:10medelate refused to recognize him. So
12:13the ruling is that once the kale and
12:15bank set aside the void disqualification
12:17cordilia was the lawful winner. Okay. So
12:22the house has a ministerial duty. Ano
12:24ministerial duty as we have explained
12:27ministerial is as long as the requisites
12:30are there are present you have no choice
12:33but to recognize. There's no discretion
12:36there. You have an obligation to
12:39recognize the winner in this case. So
12:42the rule of succession could not defeat
12:45the electorate's clearly expressed will.
12:50Okay. So in Tolentino versus Kale, a
12:53special election to fill the Senate's
12:55seat vacated by Senator Gingona was held
12:58simultaneously with the regular 2001
13:01elections. So the 13th placer took the
13:04unexpired term. So is this valid? Yes,
13:07it is valid. Come failure to give
13:10special notice did not invalidate the
13:14election. So here as you may recall,
13:17Senator Gingona became vice president.
13:19Soia Senate. So that's one seat vacant
13:23in the in the Senate. So you will need a
13:26a a another one to fill the the the seat
13:31in in Senate. So in 2001
13:37uh instead of 12 senators or senator
13:40senatorables
13:42senatorial seats up for grabs ning 13.
13:46Okay. So the 13th placer took the an
13:49unexpired term. Okay. In Filona versus
13:54mate which is another case
13:57uh when you say uh increase in salaries.
14:01Okay. A law increasing the salaries of
14:03members of Congress cannot take effect
14:05until the expiration the full term of
14:08all the members. So senators included
14:12who approve the the increase. So
14:16for example, if right now uh they will
14:20approve a salary increase okay let's say
14:23gawang 1 million per month as member of
14:26the house of representatives that will
14:29not take effect right away that will not
14:31also take effect in 2028. Okay, that
14:36will take effect
14:38on 2031
14:41and and so on and so forth. 2031 because
14:46the senators here also approved the
14:49increase by law. Remember that when you
14:51say law, the the both houses must have
14:57approved that law. So the law increasing
15:01the salaries of members of Congress
15:03cannot take effect until the expiration
15:06of the full term of all the members. So
15:11including the senator. So reelectil
15:17members of Congress or members of the
15:19house they will only they will not enjoy
15:22it when they get reelected. they will
15:24enjoy it when they get reelected for
15:26another term in 2031 or whoever is
15:28sitting in those positions. Okay.
15:33Hello central these are when you talk
15:36about privilege okay from arrest just to
15:40make this memorable no halos hos uh who
15:46was recently passed no uh was a member
15:50of the house of representatives trilanes
15:52was uh in the senate so they both asked
15:57their respective houses
16:02to be able to uh legislate. No, to be
16:06able to legislate uh from detention.
16:09Okay. So, both were refused. The people
16:12cannot by electing electing a man repeal
16:16the criminal law. So, just because
16:20congressman or senator doesn't mean that
16:23they are privileged. Okay? Remember if
16:28the case no is punishable for more than
16:316 years imprisonment orang penalty
16:36you can be you can be arrested. Okay.
16:39But for minor cases that will have less
16:41than 6 years imprisonment you have the
16:43privilege from arrest.
16:45Okay. And only while Congress in is in
16:48session. Okay.
16:52So this is the parliamentary privilege
16:54from arrest.
16:57So next case,
17:01how about the parliamentary speech uh
17:06doctrine? Okay, they're
17:09privileged to be able to say whatever
17:12they want. Okay, whatever they want. So
17:14let's check out the cases. So here in
17:16Jimenez versus Kabang Bang uh an open
17:19letter uh to the president was published
17:21by in newspapers while congress was not
17:25in session.
17:27It is considered not a privileged speech
17:30or debate. Okay. Because
17:35excuse me, what the what the clause
17:37covers is atterances made in Congress or
17:41in any of the committees made in the
17:44discharge of their legislative
17:46functions.
17:48You don't make this while you're on
17:50Twitter, on Facebook or on like in this
17:53case on the newspaper when they posted
17:55this or when they had this published in
17:58the newspapers. Okay. So that is not
18:00covered in trilliones versus Castillo
18:03Marmen. When you make statements to the
18:06media in press interviews that are not
18:08inside the halls or not in session,
18:14you are not uh you are not immune. Okay?
18:18You are not that speech is not
18:19considered to be privileged.
18:25Okay. for that in pub
18:29here this is about the case of the late
18:32Miriam defensor Santiago wherein she
18:35said uh I'm not angry I spit on the face
18:38of chief justice Artimia Panganiban
18:42uh the privileged speech was shielded
18:45was delivered on the floor in the
18:46discharge of her functions so this is
18:49beyond disciplinary reach though the
18:52court expressed its displeasure
18:56So in synthesis the privilege is
18:58measured or is respected when there is a
19:02proper forum and you are in the proper
19:04forum and you're doing it in the proper
19:07or you're performing a proper function.
19:11Okay. So s floor p plenary or s
19:14committee per uh media in print. No.
19:19Okay.
19:20So disclosure in the two forbidden
19:22offices. So section 12 it made mention
19:26in the constitution. We're still in
19:28article six. I hope you're not lost. So
19:30all members shall upon assumption of
19:33office make a full disclosure of their
19:36financial and business interests and
19:39shall notify the house of a potential
19:43conflict of interest arising from the
19:45filing of any proposed legislation of
19:48which they are authors. Okay. So
19:52incompatible office or forbidden office.
19:55So I've mentioned this earlier but what
19:58do you mean by incompatible office? Okay
20:01when you say compatible incompatible
20:03office you cannot hold any other office
20:06or employment in the government during
20:08your term without forfeit forfeiting
20:11your seat. So this was also discussed in
20:13Liban versus Gordon which we will which
20:14we'll talk about later. So acceptance if
20:17for example you you accepted a seat in
20:20the DNR as a secretary you are
20:24automatically vacating your seat. Okay.
20:29Forbidden office is when you cannot be
20:32appointed to any office created or whose
20:36emolments were increased during your
20:38term. Okay. Okay. So for example while
20:41while you are a congressman
20:43uh you created the anti-AI agency which
20:46we talked about last year or last year
20:48last week. So when you are appointed to
20:52that position that is considered to be a
20:55forbidden office to you. So you cannot
20:58be a director or a head of that office
21:01that you yourself
21:03created.
21:05Okay. Okay. So the bar runs for the full
21:07term for which he was elected. Okay. So
21:12just just note take note of that. So
21:14this happened a couple of years ago in
21:16the case of the case of um not Liban
21:20vers Gordon. I'm talking about Gregorio
21:22Honasan or Greeno Nasan. He was
21:24appointed as secretary of the DICT and
21:27during his term the ICT was created. He
21:30was senator.
21:32So that is uh an anomaly on its own but
21:36it was allowed.
21:38Okay. In Laosia.
21:40So let's go to Liban versus Gordon.
21:44Liban versus Gordon. Senator Gordon did
21:46not forfeit the seat by accepting the
21:47chairmanship of the Philippine National
21:49Red Cross because it was considered to
21:51be a private organization performing
21:54public functions. So its chairmanship is
21:57not a government office within the
21:59meaning of section 13.
22:03Okay.
22:05Uh this is a a a legislator no who
22:10appeared as council.
22:13Okay. So what a legislator cannot do
22:16directly cannot do indirectly. So he is
22:19barred from
22:21uh appearing as is barred from appearing
22:25as councel. Okay. before an
22:29administrative body I think s securities
22:32and exchange
22:34commission. Okay.
22:37So just because you're a shareholder one
22:40case
22:42to protect your identity does not it
22:45does not uh uh circumvent the rule.
22:50Okay. So members
22:54of the house are barred from being
22:58financially interested
23:01directly or indirectly in any contract,
23:03franchise or special privilege granted
23:06by the government and from intervening
23:10in any matter before any office
23:13before any uh for their uh peon benefit.
23:18Okay. So regular and special sessions
23:21right now uh the Congress are in regular
23:25the Congress is in regular session. They
23:28convene once every year on the fourth
23:30Monday of July unless a different date
23:33is fixed by law and continues in session
23:35as long as it may be determined until 30
23:38days before the opening of the next
23:39regular session excluding Saturdays,
23:42Sundays and legal holidays. special
23:44session. It this happened before the
23:47president called one time called this I
23:51mean the current president he called
23:52this to talk about certain um
23:57important pieces of legislation
24:00to be discussed in a special session.
24:03Okay. So Congress then considers the
24:06subject the call specifies no
24:15president he can do that of course
24:17regularly there are no special regular
24:19it's regular session wang special call
24:22okay so the house adjourns um neither
24:26house during sessions may adjourn for
24:28more than 3 days nor to any other place
24:31than that in which the two houses are
24:33sitting without the consent of the other
24:37so let's go to section 16 when you talk
24:39about section 16 these are the officers
24:42of Congress. Okay. So the doctrine in
24:45defense of Sanjiago this prescribes here
24:48it prescribes here how the senate
24:50president is chosen by majority vote of
24:53all members. So P 24 you need at least
24:57you just need at least um uh 13. Okay 13
25:04but it is silent on the minority
25:07leadership. So the choice of who the
25:09minority leader is an internal matter.
25:11So the court cannot uh the court cannot
25:15intervene cuz a problem as as I have
25:17discussed regarding separation of powers
25:20uh a a department will not intervene in
25:24the problem of another
25:28uh the in in the problem or in the issue
25:32of another department. Okay. For
25:33example, the president cannot intervene.
25:37justices or senator the the president
25:41cannot intervene without any law
25:44allowing him to be to to be to be
25:47allowing him to interfere.
25:50Okay. So here when you talk about uh an
25:54internal matter which is which is
25:56choosing a minority leader
25:59Supreme Court. Okay. Unless there is
26:01grave abuse of the constitution here
26:05since there is no exact provision
26:08on the minority leadership. Okay.
26:13And the only
26:15provision is on how the Senate president
26:18is chosen.
26:27Provision or procedure
26:32Senate. Okay. So because there is a role
26:36in the constitution, the court can take
26:39jurisdiction of the case and can
26:42intervene
26:44violate constitution and absent any you
26:48cannot really uh the court cannot really
26:51intervene as stated in this case.
26:55So Aina versus Quenko this is just
26:57recently
26:59this is recently discussed. No.
27:02Ginamitong
27:0370 how old is this case? 77 year old
27:07case became famous when uh the courtroom
27:12of uh the Senate was uh discussed. No,
27:19cuz they were electing a Senate
27:21President and
27:25uh may absent. No. Maya.
27:33Anyway, but for the purpose of academic
27:37uh discussion here, Senate President
27:40Avilino walked out with his allies to
27:43abort a session. So, the remaining 12
27:47elected Quenko. Okay. So, the court
27:50initially declined jurisdiction cuz a
27:53political question. But when they were
27:56asked to reconsider, they resolved the
27:58quorum issue. So the court said a
28:01majority of each house shall constitute
28:03a corum to do business. And this is also
28:06what is provided for in the
28:09constitution.
28:11Okay. So it says here that a smaller
28:16number may adjourn from day to day and
28:18may compel the attendance of absent
28:21members and you can even have them
28:23arrested if you want.
28:26Philippines. So here compulsion to
28:30attend is the rem is the remedy against
28:33a minority that absents itself to
28:36paralyze the the chamber. Okay. So here
28:4112 lang it was considered to be a valid
28:44quorum because there is one senator who
28:46is abroad. Okay. So uh
28:50okay they are still part of the quorum.
28:52So your base uh denominator is still 24
28:57per here since there was one senator
28:59abroad only 23 because they are beyond
29:03the the they are beyond the the coercive
29:08jurisdiction of of the court sorry of
29:13Congress. Soilit.
29:15Okay.
29:17In um
29:20in Osmana versus Santiago, let's talk
29:23about internal and external discipl.
29:26Okay. Congressman Osmana's privilege
29:28speech accused the president of bribery
29:30and the house suspended him for 15
29:33months for disorderly behavior. So what
29:37constitutes disorderly behavior is for
29:40the
29:41house itself to judge. It is a political
29:44question. So for example, uaga
29:50he was removed. No spend
29:54remove.
29:56What uh
29:59what is this orderly behavior or how
30:01wrong or how right it was the courts
30:04cannot intervene. It is a political
30:06question. Okay. Okay, they will not
30:08interfere because there as long as there
30:11is proper observation of due process,
30:13there is proper observation of the
30:16constitutional procedure to remove him
30:22congress meow because it's what the
30:25constitution says. Okay. And it will
30:29violate separation of powers if the
30:32court will intervene. Okay. In Santiago
30:35vers Bayan, the Senigan Bayan
30:37preventively suspended Senator Santiago.
30:40Is this valid? Yes, this is valid
30:43because this is a a a this is provided
30:46for by
30:48Congress. And this is distinct from the
30:51punitive suspension
30:55that uh Congress can impose under or on
30:58its members under section 16 number
31:01three.
31:07when you talk about uh journals and
31:10records. So you journaling journal this
31:12is the this is the recording okay about
31:19of what has transpired in the in the
31:25in the in the in both houses or in in
31:28house of representatives in the senate.
31:30Okay. So where the journal says the
31:32session adjourned at midnight of
31:33February 28th, the courts cannot receive
31:37uh other witnesses to prove the clock
31:39was stopped and the session was uh in
31:42fact held in in March. Okay. So here
31:46pawns attacked a law as passed after
31:50adjournment sind die. Uh okay.
31:53Uh the journal show showed adjournment
31:56on the last lawful day. So uh by as
32:00public policy the veracity of
32:02legislative records cannot be left to
32:04the memory of witnesses.
32:08Okay. And this is related to the
32:10enrolled bill doctrine. What do you mean
32:14when you say enrolled bill? The bill
32:18Senate President
32:22uh House Speaker and the secretaries
32:25it is what the law is and then once it
32:29is signed by the president no
32:33version bill. Oh this is actually what
32:35the bill says. This is actually what the
32:36law says. what they signed together, the
32:39Senate President, the speaker is the
32:41enrolled bill, meaning it is now
32:44conclusive to the courts, to everyone
32:46that this is what the law is, the law
32:49says. Okay. So,
32:52uh
32:54and last item here, the matters the con
32:57constitution requires to be entered in
32:59the journal is the yays and nays. No
33:04batas veto messages and this prevail
33:08even against the enrolled bill on those
33:12specific points. Okay. Um the the
33:18journal is what is records what
33:20transpires in the in the sessions in the
33:25plenary in the committees. But uh the
33:28records on the other hand is the
33:32verbative
33:36members of Congress. For example,
33:38sometimes the senator you will hear him
33:40or her say uh I move your Mr. president
33:45mean addressing the Senate President or
33:47the presiding officer
33:49that [snorts]
33:50uh what a particular colleague has said
33:54be stricken off the record.
33:58So you uh especially combastos or
34:03improper because whatever they say no as
34:07a senator as a member of congress what
34:10you say inside that session hall it has
34:14weight okay and whatever you say will
34:16form part of the record. So if you look
34:20uh into
34:22the records of congress 50 years from
34:24now what senator padilas stated will be
34:27there. what senator uh Jesus Cado stated
34:31will be there and is part of the record.
34:35Okay. So now let's go to the electoral
34:38tribunals the set and the hrect. Okay.
34:41So don't be uh this is probably new to
34:45you but the set and no um this is the
34:48sole they are the sole judge of all
34:51contests relating to election returns
34:53and qualifications. Okay. So when you
34:57say when you say the electoral tribunals
35:00no before
35:03is electoral commission this was in the
35:061930s
35:08they act similarly with the hretz and
35:12set this there is a grant of power uh
35:16complete in itself
35:18uh including incidental power is
35:20necessary necessary to it existence such
35:22as fixing the period for filing protest.
35:25So here the congress back then used to
35:28be called the assembly national assembly
35:31uh confirmed the election of angara
35:34and later resolved that the confirmation
35:38cut off protests
35:41protest
35:43confirm electoral commission.
35:46Okay so here the commission entertained
35:48a protest filed within its own deadline.
35:52So the commission now controls the
35:55election of the contest the tribunal
35:57itself. So the whatever the assembly or
36:02congress says the house says or the
36:04senate says it cannot defeat the
36:06rulemaking power of the tribunal. So
36:09this justifies now the independence of
36:13the electoral tribunals. Okay. So the
36:17tribunals's independence
36:20uh is affirmed from the parent chambers.
36:23So house of rep representatives
36:25electoral tribunal they are independent
36:27from the house. If it's the senate and
36:30electoral tribunal they're independent
36:32from the senate. Okay. So when does the
36:37tribunal's jurisdiction
36:40uh begin?
36:42So as synthesized here the het acquires
36:45in the case of shankoreas versus kale
36:49uh the het requires jurisdiction only
36:52over a member of the house.
36:56Member one becomes a member upon the
37:00concurrence of a valid proclamation. So
37:02you need to memorize this. A proper oath
37:05before the speaker in open session and
37:07assumption of office.
37:10assumption of office at noon June 30.
37:14Okay. So once you are now a member
37:20issue or my jurisdiction okay the
37:23tribunal itself will now have
37:27jurisdiction. Okay. So the case of Reyes
37:29versus Com.
37:32And the Reyes versus Hre case.
37:35Okay. So,
37:39so you might be confused. There are two
37:41contests here or there are two
37:43controversies here. There could be an
37:46election contest. There could be a
37:47pre-proclamation controversy. So, when
37:50you say it's a pre-proclamation
37:52controversy, it says what it means. It
37:54means what it says. It's it's raised
37:57before uh proclamation. It's limited to
38:01the board of conversorers proceedings
38:03and the face of the returns. Okay. So
38:08proclaim
38:10member house as stated in rees. So
38:20sorry
38:24body is the okay. So a candidate's
38:28remedy against manifest errors, illegal
38:30composition lies with the come before
38:33proclamation. So after proclamation of
38:36the winners, a pre-proclamation
38:38controversy against them is no longer
38:40available. Okay. So winner's
38:48case he was proclaimed. There is a
38:51proper oath and the assumed office. You
38:54now go to the tribunal. Okay. age threat
38:57or set. So this is filed after
39:00proclamation, oath and assumption and
39:02the tribunal will now become the sole
39:04judge of election returns and
39:06qualifications. Okay. So protest
39:11issue.
39:14Okay. So composition when you say uh AB
39:19when you say hret they are uh all
39:23senator members of the set were
39:25respondents in the protest and were
39:26asked to inhibit unmas. Uh the
39:29constitution no deliberately mixed
39:31justices
39:34this tribunals have the participation of
39:39the justices.
39:42Okay. So um you cannot say
39:47inhibit
39:48members set are
39:52the members of the house of his each
39:55respective house and the members of the
39:58court. Okay. So a party list
40:01representative are entitled to
40:04proportional representation in the hrect
40:06and the CA the CA here is the commission
40:09and appointments but the claim must
40:11first be made through the house's
40:13internal processes. Okay. So this is
40:16also something that is doctrinal that
40:18you must read into the case of Pmental
40:22versus HD. Okay. So, Bondok versus
40:24Pineda, the the LDP
40:28expelled
40:32the LDP expelled uh representative
40:35Kamasura for bait voting his conscience
40:39uh for voting his conscience in favor of
40:42Bondok to unseit him from the HR. So
40:45again, void because the members enjoy
40:48security of tenure. They can only be
40:51removed uh via just cause with a just
40:55cause and their disloyalty to a party is
40:58not a just cause. Okay, remember the
41:03tribunal is independent of the house
41:06that created it.
41:08The case of sema okay sema I leave
41:12responsible to read this.
41:15So now let's go to the commission and
41:17appointments. When you talk about the
41:19commission and appointments, this is
41:21where uh
41:27this is where it is a legislative check
41:29as to who the president uh appoints.
41:34Okay. So for example,
41:36uh the president
41:39no uh anyway let's go to the cases.
41:44So the house can uh reorganize the
41:47commission appointments no to mirror a
41:50genuine substantial and durable
41:52political uh realignment. Okay. Because
41:56in the the membership
41:59is based on the representation of the
42:02the parties proportional representation.
42:07uh seats
42:10party. Okay, for example, there are many
42:13LP or Liberal Party senators. So, it
42:16should be reflected in the commission on
42:18appointments. They have a right to have
42:22more say in the commission on
42:25appointments. Okay. In cosetting versus
42:28Mitra, a party with a single member, no,
42:32has no mathematical right to a seat.
42:36You uh Congress has 200 members. So you
42:42cannot say that you represent women. It
42:45cannot override proportionality.
42:48Okay? So you need to be a member of the
42:51party in order for you to be to
42:53represent your party in the commission
42:55and appointments in Gona versus
42:57Gonzalez. Fractional membership cannot
43:00be rounded up. So 7.5 senators worth of
43:04representation does not become eight
43:08membership s uh commission on
43:12appointments. Okay.
43:15So
43:19drill versus speaker there is a
43:21complaint uh on
43:25there's a complaint on uh or about a
43:29chambers's membership. Okay. So it has
43:34to be addressed to the chamber itself
43:36because the court cannot uh just
43:39outright say now uh mal okay because
43:45it has there has to be a respect for the
43:47a coequal branch. So the justices will
43:50not just come in come in and and and
43:55say oh uh this is unconstitutional you
43:58must first address the chamber. Okay. So
44:02the composition of the of the CA or the
44:06commission of appointments uh the Senate
44:08President acts as the
44:12uh exofficial chairman and only votes to
44:16break a tie and then you have 12
44:18senators and 12 members of Congress.
44:22Okay. So what do they do? they confirm
44:24or reject uh the presidential
44:27appointments including cabinet members,
44:29military generals and the and diplomats.
44:32Okay. So this is a form of legislative
44:34check. So if appoint for example
44:37president
44:40okay so the
44:44commission of appointments as
44:45representative of us as our
44:48representatives will see to it that
44:50whoever the president appoints is worthy
44:53of that position. So for example,
44:56department of justice. So they could be
44:59a lawyer, someone who has integrity,
45:01competence, independence, no to do the
45:05job, to get the job done. So this is our
45:10safeguard provided in the constitution
45:12to make sure
45:15is the best. Okay. So if they're not
45:17satisfied, they can uh either
45:21uh they can either reject the
45:23appointment or bypass lang. Okay. So I
45:27hope that's clear. In Serento versus
45:29Mison, you cannot add into the uh list.
45:33Okay.
45:36to uh this particular position has to be
45:39confirmed by the constitution uh
45:42constitutional body that is the uh
45:46commission on appointments in deep.
45:49Okay. So only the four groups of
45:52appointees the second third and fourth
45:55are outside the outside the CA
45:59confirmation. Okay. Okay. So, heads of
46:01executive departments, DPH secretary,
46:04head noo, head ng,
46:08uh, ambassadors, other public minister
46:11consoles, officers of the armed forces
46:13in the PNP armed forces l from the rank
46:15of colonel or naval captain and whose
46:18and officers whose appointed are vested
46:21in the president by the constitution.
46:23These require the commission and
46:25appointments
46:26confirmation.
46:28Okay.
46:30So now let's go to uh inquiries in aid
46:34of legislation. So inita
46:38in the case of
46:41EO464
46:42you cannot allow blanket
46:45refusals to appear. Okay. So executive
46:49privilege must be invoked expressly. We
46:52will discuss this uh next uh in the next
46:56article we talk about executive
46:58privilege. The president cannot uh order
47:04his own people to not appear
47:08without his consent. Okay. So the power
47:11of inquiry the president as the
47:14commander-in-chief may require military
47:15officers to secure consent
47:18uh before appearing in in Congress but
47:23they cannot punish the officers no their
47:25remedies to go to court. In the N versus
47:28Senate the three NBNC uh ZTE questions
47:33was considered to be privileged. Okay.
47:36So it was it cannot be asked.
47:40So in Garceliano
47:43when you conduct Senate inquiries may
47:46published rules. Okay. So now publish
47:50rules. So unpublish published rules are
47:54fatal. So these are the standards
47:57provided for uh uh to be respected.
48:01Okay. This is the these are the three
48:03requisites for a valid inquiry. There
48:06must be it must be an aid of
48:07legislation. So in every Senate inquiry
48:10naap
48:12intering as it is it is in aid of
48:15legislation. The current impeachment is
48:17not in aid of legislation. It's a
48:19separate proceeding. It's a sweneries.
48:22It's a it's a it's a unique proceeding.
48:27It's a uh it's it's it's a one-of-a-kind
48:30proceeding. Okay. But when you talk
48:32about the general
48:34legislative purpose, it has to be stated
48:38invite or speaker. For example, when the
48:40flood control investigation was
48:42conducted, uh it has to be an aid of
48:44legislation. So the goal is not
48:48necessarily to convict or to find
48:51criminal uh liability or criminal fault.
48:55The goal of these investigations is in
48:58aid of legislation.
49:00Okay? and it must be conducted in
49:02accordance with duly published rules of
49:05procedure. And number three, the rights
49:08of persons appearing in or affected by
49:10the inquiry must be respected.
49:14So in Arnold versus
49:19the old rule is that uh a contempt no
49:25and you can be detained uh indefinitely.
49:28But the new rule now is
49:31uh kang until the ano lang until the end
49:37of the inquiry and until the the
49:40committee report is is signed and
49:43approved. Okay. So you cannot be
49:45detained forever.
49:51It does not necessarily mean forever
49:55indefinite.
49:58There is now a modern limit. Okay. So it
50:01will last only until the termination of
50:05the inquiry.
50:08Okay. So your module open notes quiz t
50:10number one 10 questions 10 points each
50:13open notes.
50:15You can do whatever you want when it
50:18comes to uh
50:21uh the sources. You can use the this
50:23recording your codel your annotations
50:25but work alone. Okay. So submit by 5:00
50:29p.m. and I will see you in next uh
50:32Saturday. So
50:34thank you everyone. please uh upload it
50:38uh in the in in the link that I will
50:40provide. Okay? Either email or uh Google
50:44Drive, but I think we'll be using Google
50:47Drive. Okay? Thank you.

About this transcript

This page contains the full transcript of The Legislative Department, Part 2 by Atty. Alman Namla, LLM, generated from the public captions YouTube serves with the video. The transcript has 5,825 words across 969 segments, with the original timestamps preserved so you can click any line to jump to that moment in the embedded player.

What you can do with it

Use the transcript to take notes, quote the speaker, build a study guide, generate a summary with ChatGPT or Claude via the YouTube Summary tool, or export it as a timed subtitle file with YouTube to SRT. You can also re-open it in the transcriber to translate the transcript into 100+ languages.

Free YouTube transcript tool

YouTube2Text is a free YouTube transcript generator — no signup, no daily limit. Paste any YouTube link and get the full transcript instantly, with timestamps, click-to-jump, translation to 100+ languages, AI prompts for ChatGPT, Claude, and Gemini, and exports to TXT, SRT, VTT, or Markdown.