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

hello everyone i'm back with a new episode this is the second part of article 6 legislative branch to start let's discuss the independent bodies in the congress first is electoral tribunal this is the soul charge of all contests relating to the election returns and qualification of their respective members according to our constitution the senate and the house shall each have an electoral tribunal this is especially needed in times of an election contest when we say election contest this is an election of which the legality or validity of the result is challenged by the listening candidate let's move on to the composition of the electoral tribunal the electoral tribunal must be composed of the following people three supreme court justices designated by the chief justice six members of the senate are the house of representatives a total of nine members now it is important to take note of the following first the senior justice in the electoral tribunal is the chairman second the congressional members of the electoral tribunal shall be chosen on the basis of proportional representation from the political parties and party leased organizations last the decision of the electoral tribunal is final and may not be appealed to the supreme court except on the basis of grave abuse of discretion let's move on to the second independent body in the congress this is what we call the commission on appointment it is a constitutional body under the 1987 constitution which confirms or rejects political appointments made by the president now here is the composition of the commission on appointments first the senate president as an ex-official chairman second 12 senators third 12 members of the house it is important to take note that the 12 senators and 12 representatives are elected on the basis of proportional representation from the political parties and party leased organization moving on to the voting of the commission on appointments the chairman shall only vote in case of a tie the commission and appointment shall also act on all appointments within 30 session days from their submission to the congress lastly the commission shall rule by a majority vote of all the members next let's talk about the power to confirm appointments of the commission on appointment the commissioning appointments shall confirm the appointments by the president with respect to the following positions first heads of the executive department except if it is the vice president who is appointed to the post second the ambassadors other public ministries or councils third officers of the afp from the rank of colonel or naval captain and last other officers whose appointments are vested in him by the constitution next the meetings of the commission on appointment the commission and appointments meets only while the congress is in sachet these meetings are held either at the call of the chairman or a majority of all its members now since the ca is also an independent constitutional body its rules of procedure are outside the scope of congressional and judicial powers let's move on to the next topic the congressional disqualification members of the congress are prohibited to do the following first prohibition against holding more than one position by appointive officials these are what we call incompatible offices or public offices which cannot be held by one person at the same time a member of the legislative cannot be appointed as a department secretary or a director of any government positions while holding his position at the same time not unless he resigns for example congressman pedro was appointed as the secretary of the department of trade and industry if he accepts the position his seat and the house of representative will automatically be forfeited it is also important to take note that the prohibition against holding an incompatible office is not absolute what is not allowed is a simultaneously holding of that office and the seat in the congress legislators may still hold another office or employment in the government as long as he forfeits his seat as a legislator another thing that you need to remember not every other office or employment is recorded as an incompatible office there are states that are permitted by the constitution for example membership in the electoral tribunal and in the judicial and bar council holding such positions will not result in the laws of the legislator seats in the congress next an appointed official may also hold any other office or employment in the government only when allowed by the law or when required by the primary functions of his position for example the secretary of agriculture in charge of food production may also be appointed as a chairman of the board of directors of a government corporation the purpose of this prohibition is to prevent owing loyalty to another branch of the government members of the congress are expected to devote their time and attention to one office only let's move on to the second prohibition the prohibition to be appointed to any office in the government that has been created or the emoluments thereof have been increased during his term these are what we call forbidden office or any office civil or military created or the emoluments of which have been increased during the term for which he was elected the appointment of a member of a congress to the forbidden office is not allowed only during the term for which he was elected when such office was created or its emoluments were increased after such term and even if the legislator is re-elected the disqualification no longer applies and he may be appointed to the office the purpose of the disqualification is to prevent legislators to create offices or emoluments for personal gain some legislators who do not opt to run again in the public office might create or improve lucrative government positions and in combination with the president a range that they be appointed in those positions third prohibition to appear as council before any court of justice electoral tribunal quasi-judicial and administrative bodies this prohibition is intended to prevent and to influence or intimidation upon the charge or the head of administrative body concerned who may be persuaded to change your decisions fourth prohibition against having any financial interest and any contract with the government directly or indirectly this prohibition is to prevent members from using their influence for financial benefits last prohibition to intervene and any mother before any office of the government this prohibition aims to ensure that every vote by a member is made with a common kid in mind and not for personal benefits or advantages next topic the parliamentary privileges the competition grants certain legal immunities for members of both houses to allow them to perform their duties without interference from outside of the house let's talk about the purpose of these privileges parliamentary privilege exists for the purpose of enabling the congress to effectively carry out its function the first privilege is their privilege from arrest members of the congress cannot be arrested while congress is still in session whether regular or special here is the rule the offense must not be punishable for more than six years of imprisonment for example if senator pedro is charged for the crime of simple death while the congress is still in session he cannot be arrested because temple theft is not punishable for more than six years of imprisonment but if he is charged for rape he may be arrested even though the congress is in session because rape is punishable by more than six years of imprisonment let's talk about the limitation of this privilege members of the congress is not immune from arrest in the following instances first when the offense committed by the member is punishable for more than six years of imprisonment second when the congress is no longer in session for example if congress is in recess the members can be arrested last the immunity is only with respect to arrest not the prosecution for criminal offences next let's talk about the last privilege that we will discuss in this video the privilege of speech and debate members of the congress cannot be prosecuted for any words spoken in the debate or in session this enables them as representatives of the people to execute their function of their office without fear of prosecution devil or criminal here is the rule it must be noted that the privilege is effective only in speeches and debates made in congress or in those authored by the legislator in his capacity as a member of the congress there are of course limitations to this privilege the immunity does not apply in the following instance first when the member is not acting as a member of the congress but in his personal capacity second when the member is being questioned in the congress itself third the speech or debate must be made in performance of their due dates as members of the congress this includes speeches delivered statements made vote cast as well as bills introduced and other activities done in performance of their official duties last but not the least congress need not to be in session when the utterance is made as long as it forms part of the legislative action the immunity applies that's the end of our video don't forget to like and subscribe to our channel and if you have friends please share this video thank you for watching see you in the next video