Gen.Info - Art. 6: The Legislative Department Part 2

Summary

In this video, the speaker delves into the key elements of Article 6, focusing on the legislative branch's independent bodies. The discussion covers the Electoral Tribunal, the Commission on Appointments, and the various prohibitions and privileges of congressional members. Key topics include the tribunal’s composition, its final decisions, the role of the Commission in confirming presidential appointments, and restrictions on holding certain offices or influencing government contracts. The video also explains the parliamentary privileges of immunity from arrest and protection for speech during official duties, underscoring the importance of these functions for Congress' effectiveness.

Takeaways

• 😀 The Electoral Tribunal resolves election contests related to the qualification of elected members of Congress and the legality of election results.
• 😀 The Electoral Tribunal is composed of three Supreme Court justices and six members from both the Senate and the House of Representatives, making a total of nine members.
• 😀 The Commission on Appointments (CA) confirms or rejects appointments made by the President, including heads of executive departments, ambassadors, and AFP officers.
• 😀 The Commission on Appointments consists of 12 senators, 12 representatives, and is chaired by the Senate President.
• 😀 The CA can only act on appointments within 30 session days and makes decisions through a majority vote.
• 😀 Legislators are prohibited from holding more than one government office simultaneously, especially when the positions are deemed incompatible.
• 😀 If a legislator is appointed to an incompatible office, they must resign from their congressional seat to accept the new post.
• 😀 The prohibition against holding an incompatible office only applies while a legislator remains in office. If re-elected, they can be appointed to such positions.
• 😀 Legislators cannot intervene in government matters for personal gain or financial benefit, and they are prohibited from holding financial interests in government contracts.
• 😀 Parliamentary privileges allow members of Congress to be immune from arrest while Congress is in session, with exceptions for serious crimes punishable by over six years of imprisonment.
• 😀 Members of Congress enjoy the privilege of speech and debate, meaning they cannot be prosecuted for statements made in official sessions or debates, encouraging free expression in their legislative duties.

Q & A

What is the role of the Electoral Tribunal in Congress?

The Electoral Tribunal is responsible for handling election-related contests, such as challenges to the legality or validity of election results. It ensures that the election returns and qualifications of elected members are accurate and legitimate.

How is the Electoral Tribunal composed?

The Electoral Tribunal consists of three Supreme Court justices, six members from the Senate, and six members from the House of Representatives, making a total of nine members. The senior justice in the tribunal serves as the chairman.

Can the decisions of the Electoral Tribunal be appealed?

The decisions of the Electoral Tribunal are final and cannot be appealed to the Supreme Court, except in cases of grave abuse of discretion.

What is the function of the Commission on Appointments?

The Commission on Appointments is responsible for confirming or rejecting political appointments made by the President. This includes appointments for various positions in the executive branch, such as department heads, ambassadors, and military officers.

How is the Commission on Appointments structured?

The Commission on Appointments is composed of the Senate President as the ex-officio chairman, 12 Senators, and 12 Representatives. The members are elected based on proportional representation from political parties and party-list organizations.

What positions are subject to confirmation by the Commission on Appointments?

The Commission on Appointments confirms appointments to positions such as heads of executive departments (excluding the Vice President), ambassadors, officers of the Armed Forces of the Philippines (AFP) from the rank of colonel or naval captain, and other positions vested in the President by the Constitution.

What is the limitation on the power of the Commission on Appointments?

The Commission on Appointments only meets when Congress is in session. They must act on appointments within 30 session days, and their decisions are made by a majority vote of all members.

What does the prohibition against holding incompatible offices entail?

A member of Congress cannot hold an additional government office that conflicts with their legislative duties. For instance, they cannot be appointed as a department secretary or director of any government position while serving as a legislator, unless they resign their legislative seat.

Can legislators hold other government positions if allowed by law?

Yes, legislators can hold other government positions if allowed by law or required by their primary functions. For example, the Secretary of Agriculture may also serve as the chairman of a government corporation if mandated by their duties.

What are the parliamentary privileges granted to members of Congress?

Members of Congress are granted legal immunities such as privilege from arrest while Congress is in session, and privilege of speech and debate. These privileges allow them to perform their duties without external interference or fear of prosecution.

What are the limitations of the privilege from arrest?

The privilege from arrest does not apply if the member is charged with a crime punishable by more than six years of imprisonment or if Congress is not in session. Additionally, the privilege only applies to arrest and not to prosecution.

What does the privilege of speech and debate entail for members of Congress?

The privilege of speech and debate ensures that members of Congress cannot be prosecuted for any statements made during debates or legislative actions. However, this privilege only applies to official duties, such as speeches made in Congress or related activities.

Can members of Congress be prosecuted for their actions outside of their official duties?

No, the privilege of speech and debate does not protect members of Congress for statements or actions taken outside of their official legislative functions. If they are acting in a personal capacity, they can be prosecuted.