Constitution Transcriptions August 14

7/26/2019 Constitution Transcriptions August 14

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Transcription in Constitutional Law Julius

Cesar M. SalarzaAugust 14, 2013

Topics:

a. Determination of the 20% allocation for the Party-list Membersb. Qualications of District Representatiesc. Party !ominees". Term of o#ce

There is a proision in R$ &'( that says that the party-list or)ani*ations+ this is

section (( para)raph , of &'( states the parties+ or)ani*ations an" coalitions

receiin) at least to percent of the total otes cast for the party-list system shall

be entitle" to one seat each. Proi"e"+ that those )arnerin) more than to percent

of the otes shall be entitle" to a""itional seats in proportion to their total numberof otes. This is the proision here there is a "ierence beteen the /TR$!1

case an" ,$!$T case because in the /TR$!1 case+ the 1upreme ourt

interprete" this as in proportion to their total number of otes in relation to their

total number of otes of the 1stparty an" ho many seats the (stparty has. 3n the

eterans there shoul" be no ay that the 2n"+ 4r"+ 'th+ an" so on ran5in) parties

shoul" not hae a number of seats e6uialent to the ( stparty+ because in the min"

of 1 in the case of eterans+ in proportion means 7ano and boto ko in relation sa

boto ng frst party8 so if the (stparty has 20 percent then 3 hae (0 percent otes+ 3

hae 90 percent less than the (stparty an" e hae a proision on 4 seat limit+ the

1 interprete" this to mean as if you hae 2 percent you hae ( seat+ ' percent 2

seats+ percent 4 seats+ this oul" mean that if they oul" not apply formula that

they impose" in the /TR$!1 that the ( stparty ith 20 percent an" 2n"party ith

(0 percent ill hae the same number of seats+ no the 1 cannot accept that so

hen you rea" the /TR$!1 case the 1 proi"e 2 formulae - it complicate" hat

shoul" hae been as simpler process of allocatin) seats because of that min"set.

That is hy hen they sole for the (st ran5in)+ madali lang kinuha nila yung

percenta)e if you hae 2% ( seat + '% 2 seats+ % 4 seats ;refer to the solin)< but

hen they sole for the 2n"ran5in) party "on+ the total number of otes of the

concerne" party "ii"e" by the total number of otes of the (stparty. =hat is ron)

ith that> The la says total number of otes of the concerne" party in relation tothe total number of otes. 1o 3 f 3 say 2%+ 3 hae 2% if the total number of otes

!Tthat 3 hae 2% of the total otes of the ( stran5in) party. Doon na)5amali an)

1+ that is hy hen they reisite" the /TR$!1 an" ma"e a "ecision in ,$!$T+

they ma"e the computation much simpler? )et their total percenta)e by computin)

your number of otes in relation to the total number of otes in the party-list

election an" in the case of 7$n) ,a)on) ,ayani in 20048+ the 1 sai" that the total

number of otes mean that you "o not count the otes for the "is6ualie" parties+


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only for the 6ualie" parties. The ori)inal number of otes is aroun" 90 million but

hat as before the @MA rule" that of the 90 million+ only million are for the

6ualie" parties+ the rest ere otes for the "is6ualie" parties.

$fter ran5in) the party-lists+ the neBt step oul" be those ho obtaine" 2% an"

more shall hae ( )uarantee" seat. 1o the 2% is still true or ali" ith re)ar"s to (

)uarantee" seat. !o after that+ there is a 2n" roun" of allocatin) seats+ not

computation actually but allocatin) seats because this time+ after )iin) out the

)uarantee" seats+ 7ilan ang remaining seats>8 the percenta)e of the otes obtaine"

by a party in relation to the remainin) aailable seats. 1o let us say that e hae a

ran5in) of C.&%+ .&% B the number of remainin) seats+ so ilan ang upuan ko dyan>

!o the neBt proision of the la proi"e" that those )arnerin) 2% if the total

otes shall be entitle" to hae an a""itional seat in proportion to their total number

of otes+ e are tal5in) about a""itional seats. 3n /TR$!1+ only those ith 2%

an" up are entitle" to a""itional seat+ but in ,$!$T the 1 sai" that 7that portion isno "eclare" as unconstitutional.8 =hy> ,ecause+ if e follo this+ no

mathematical formula oul" yiel" a number that oul" ll the entire 20%

allocation+ althou)h it is not man"atory+ there oul" be no instance in the future

herein the entire 20% aailable seats oul" be lle" up. 1o meanin)+ that

proision of the constitution oul" remain ctional because the proision of la

cannot reach that 20%. $s the 1 "eclare" that proision unconstitutional+ hat

"oes that mean> ' a""itional seats this is not only for those 2 percenters+ you still

follo the ran5in)+ those ho hae 2% or more+ )et their percenta)e in relation to

the remainin) seats+ )ie them the seats that they are entitle" to+ up to 4 seats

each. =hat about the rest> 3f 3 hae (.&% multiply it by remainin) seats+ say 4C+

that oul" be e6uialent to ( seat then you are entitle" to ( seat. 3 am not a 2

percenter but still 3 am entitle" of ( )uarantee" seat. $fter that+ if you loo5 at the

ran5in)+ other parties hae 0.&+ 0.C+ they "i" not reach the ( percent mar5+ the 1

sai" that it is pointless to sole kasi hindi naman yan aabot hanggang 1+ but hat

"i" the 1 "i" to this case> 3t "istribute" all the seats to the neBt in ran5 until all the

aailable seats oul" be lle" up.

3f you compare /TR$!1 an" ,$!$T+ in /TR$!1+ only the ( stparty ill )et the 4

seats+ the 2n" party an" "on+ 2 seats nalang yan+ in fact hen they use the

eterans formula+ 3 thin5+ ' parties ere )ien a""itional seats. ,ut if you use the

,$!$T formula+ not only the (st

party ill )et the 4 seats but also the 2n"

+ 4r"

+ 'th

+may still )et the 4 seats "epen"in) on the result of the percenta)e B number of

seats aailable. 1o if you ere as5e" a 6uestion+ is the 2% threshol" constitutional>

"es+ as to the )uarantee" seat an" !o as to a""itional seats.

Section # pro$i%es t&at no person s&all 'e a Me('er o) t&e *ouse o)

+epresentati$es unless &e is a natural'orn citizen o) t&e -&ilippines an%,

on t&e %ay o) t&e election, is at least twenty$e /2 years o) age, a'le to


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rea% an% write, an%, ecept t&e partylist representati$es, a registere%

$oter in t&e %istrict in w&ic& &e s&all 'e electe%, a resi%ent t&ereo) )or a

perio% o) not less t&an one year i((e%iately prece%ing t&e %ay o)

election.

1o section proi"es for the 6ualications for the members of the Eouse ofRepresentaties. 1ince e hae 2 compositions of the house+ District an" Party-list

representaties+ they "ier some aspects an" particularly in the resi"ency

re6uirement. Aet us )o to the District Representaties+ constitutional 6ualications

oul" be that heFshe must be a natural born+ at least 29 years of a)e+ able to rea"

an" rite+ re)istere" oter of the "istrict of hich he shall be electe" for not less

than a year imme"iately prior from the "ay of elections. =hen e tal5 about

resi"ency un"er the topic of ri)ht to sura)e+ e sai" that resi"ency is synonymous

ith "omicile an" this is also true to run for public o#ce+ thus resi"ency is

synonymous ith "omicile.

1o if e loo5 at it+ hen you say resi"ence in its isual sense+ hat is re6uire" isthe actual if physical presence. ,ut hen you say "omicile+ it "oes not re6uire

actual or physical presence+ hat is re6uire" is attachment here one is absent+ he

has alays the intention to return.

!o+ let us apply this in the case of 3mel"a Marcos. 1he as born in Aeyte+ but they

transferre" in Tolosa+ Aeyte hen she as C years ol"+ an" from there she stu"ie"

elementary+ hi)h school+ an" colle)e an" in fact she or5e" there as a teacher. 3f

you count her stay in Tolosa+ she staye" there for more or less (' years but it as

establishe" that Tolosa+ Aeyte is her "omicile. $fter that+ she ent to manila+ met

Ger"inan" Marcos+ an" marrie" him. $roun" (&0Hs+ Ger"inan" became the

presi"ent of the Philippines+ "urin) that time 3mel"a as alrea"y liin) in Manila. 3nher re)istration as a oter+ she put there that she is a resi"ent of Manila. $fter the

(&C0 reolution+ e 5no that the Marcos spouse left the Philippines. 1he came

bac5 the same as her brother aroun" (&&0Hs then she ran for presi"ency an" in her

certicate of can"i"acy she state" there that her resi"ence is in 1an Iuan+ Manila.

$fter that+ she lost the elections+ ent bac5 to Tolosa on $u)ust (&&'+ an election

oul" be hel" in May (&&9 as she ill be runnin) for con)ressoman. 3f you count

from $u)ust (&&' up to May (&&9+ it is aroun" & months. Question+ as she able to

comply the resi"ency re6uirement> "es+ because resi"ency is synonymous to

"omicile. ome to thin5 of it+ she spent only (' years in Tolosa compare to '0 years

on Manila. =hat is the conclusion>

!o matter ho lon) one is absent from his "omicile as lon) as there are no acts

shoin) aban"onment of "omicile+ one "oes not lose her "omicile. 3t is ery "i#cult

to lose oneHs "omicile of ori)in? you hae to hae establishment of ne resi"ency of

physical presence+ animus amen"i an" etc+ if you chan)e or aban"on your on

"omicile an" shoul" establish actual physical presence in ne "omicile couple" by

intention to stay there an" intention to aban"on the ol" one. 3t is ery "i#cult to


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proe its intention of aban"onment. 1o usually in election cases+ the 1 ill alays

rule r the establishment of resi"ency ia "omicile. 3n this case+ althou)h 3mel"a

staye" only (' years in Tolosa+ it is not shon that she aban"one" her "omicile. $ll

her milestones are celebrate" in Tolosa an" in fact she as alays isitin) Tolosa

een if she as alrea"y in Malacanan). $ll businesses an" most proJects that she

han"les oul" benet Tolosa+ Aeyte an" establish in her political poer ia herbrothers an" relaties in Aeyte.

=hat about $6uino s. @MA> $6uino here is ,utch $6uino. 3n Mariano s.

@MA+ e learne" that Ma5ati as conerte" into a city an" other than that+ an

a""itional le)islatie "istrict as create"+ no ,utch here inten"e" to run for the 2 n"

le)islatie of Ma5ati but e that the $6uinos are "omicile of Tarlac. 3f he ants to

run the le)islatie "istrict of Ma5ati+ the la re6uires him to establish a resi"ency

for at least ( year. Eo "i" he attempt to "o that> Ee rente" a con"o unit in Ma5ati

an" to proe that he has been a resi"ent of that area+ the "ate of the contract for

him as material to sho ( year resi"ency. Eoeer+ the 1 sai" that it is not

su#cient+ hy> 3t is not su#cient to sho aban"onment of oneHs "omicile.

The 1 is tal5in) about "omicile+ but if it tal5s about resi"ence+ it oul" still not

su#cient because if you say resi"ence+ there is a nee" of $TK$A PEL13$A

PR1!. 3n that case+ hat he presente" as ei"ence of resi"ency is Just the

contract an" nothin) more. Eence+ there are no acts hich sho attachment to that

place. 1o+ the 1 sai"+ it "oes not in )eneral the 5in" of permanency re6uire" to

proe aban"onment of his ori)inal "omicile because he also a"mitte" that he has

other resi"ence in Manila or Que*on ity.

,ut for me+ so that you ill not )et confuse+ it is not about "omicile here+ it is about

resi"ence because een if Tarlac is his "omicile+ he can still establish resi"ence in

some other place+ the only re6uirement accor"in) to the constitution is no nee" to

aban"on the "omicile. ,ut in this case+ the ( year lease contract alone is not

su#cient to establish resi"ence+ an" he faile" to pro"uce other means to sho that

he is actually+ physically present in Ma5ati. !o+ he also ar)ue" that the 2 n""istrict

of Ma5ati is a nely create" "istrict an" it is Just ' months ol". Eence+ it is

impossible for anyone to comply the ( year re6uirement an" the 1 sai" o+

althou)h the "istrict is ne+ the )eo)raphical area has been eBiste" een before the

creation of the sai" "istrict.

!o in Domino s. @MA+ the same+ he has been a resi"ent of Que*on ity but

in May (&&C+ he ran an" on in 1aran)ani as a representatie. Eis 6ualication has

been 6uestione" because? in Iune (&& he as a re)istere" oter of Que*on ity. To

proe his resi"ency+ he presente" his contract of lease that shos he has been a

resi"ent since (&&+ an" the 1 sai" that the contract alone is not su#cient.


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1o that you ill not )et confuse"+ "o not loo5 this in the conteBt of "omicile+

resi"ency lan). $nyay+ let us )o to Gernan"e* s. ERT+ Gernan"e* ha" been a ice

)oernor of Aa)una. 3n his erticate of an"i"acy+ it as state" that he as a

resi"ent of Pa)sanJan+ Aa)una. The sai" area belon)e" to the ' thle)islatie "istrict.

!o this time+ he ran the (stle)islatie "isctrict of Aa)una an" in his certicate of

can"i"acy+ he state" that he is a resi"ent of 1ta. Rosa+ Aa)una. an you "o that>an you chan)e resi"ency>"es, the neBt problem is that 7naabot mo ba yung 1

year? =hy is there a resi"ency re6uirement> To preent a stran)e from rulin) that

place. 3n this case+ he as a ice-)oernor+ so he is alrea"y a familiar icon of that

place an" other that that he also presente" a contract of lease in 1ta. Rosa. This

time the 1 sai"+ it oul" su#ce+ hy> 3t has been couple" ith other ei"ence of

acts an" other circumstances that he ha" the intention to aban"on Pa)sanJan an"

transferrin) to 1ta. Rosa. =hat are these circumstances> They ha" business in 1ta.

Rosa+ they ha" properties in 1ta. Rosa an" their chil"ren ere also stu"ie" in 1ta.

Rosa for more than 2 years alrea"y. Eence+ there is alrea"y an attachment to the

place. $s to the lease of contract+ a 6uestion as raise" that is it necessary for a

person to buy a property> The 1 sai" no+ a can"i"ate is not re6uire" to buy a

property to comply the resi"ency re6uirement+ hy> 3t oul" proi"e for another

6ualication to run hich is property re6uirement+ hich is unconstitutional. 1o in

this case+ there is no re6uirement to buy because the sai" 6ualications are

eBclusie. Kahit nakikitira ka lang sa parents mo, pwede nay un for as lon) as you

can proe that you are a resi"ent of that place.

ualication o) a no(inee

n%er t&e +A 5641 o) section 6 pro$i%es t&at no person s&all 'e

no(inate% as partylist representati$e unless &e is natural'orn citizen o)

t&e -&ilippines, a registere% $oter, a resi%ent o) t&e -&ilippines )or a

perio% o) not less t&an one /1year i((e%iately prece%ing t&e %ay o) t&e

election, a'le to rea% an% write, a 'ona %e (e('er o) t&e party or

organization w&ic& &e see7s to represent )or at least ninety /60 %ays

prece%ing t&e %ay o) t&e election, an% is at least twenty$e /2 years o)

age on t&e %ay o) t&e election.

The 6ualications of the constitution are more or less the same eBcept for the

resi"ency re6uirement an" in case of party-list representaties they must be bona

"e members of the party-list hich they see5 to represent. !o in the case of

,$!$T s. @MA+ it as hel" that only those parties or or)ani*ations hich

represent the mar)inali*e" an" un"errepresente" are 6ualie" to participate in the

party-list. 3n that case+ a 6uestion as as5e"+ shoul" a nominee be also


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mar)inali*e" an" un"errepresente"> The 1 sai" that a nominee nee" not allo in

poerty+ restitution+ or inrmity+ as there is no nancial status re6uire" by la. 3t is

enou)h that the nominee of the sai" party+ or)ani*ation+ or coalition belon)s to the

mar)inali*e" of un"errepresente" sectors that is if the nominee represents the

sher fol5+ he must also be a sher fol5 himself+ an" etc.

$utomatically+ the neBt 6uestion is ho ill represent the ,antay ,ata> 3f you follo

this "ecision+ no one can represent them. 1o in the case $n) $ton) Pa)laum+ it

6ualies that the "ecision of ,$!$T becomes temporal. =hat "i" the case sai">

Girst+ the party-list system is not limite" to the mar)inali*e" an" un"errepresente"

sectors+ een political parties can participate+ an" een youth or)ani*ations hich

lac5 ell-"ene" the political constituents can also participate. Bample of parties

hich lac5 ell-"ene" political constituents? the )roup of professionals+ they are

not mar)inali*e" sectors or political parties but they lac5 the 6ualie" political

constituents. 7wala silang mga members na tinatawag nating may a"ocacy

toar"s )oernance+ kasi yun yung sa political pero meron silang a"ocacy for a

callin) or a cause.8 3n $ton) Pa)laum+ the 1 eBpan"e" the "ecision in ,$!$T+ the

nominees of the sai" parties or or)ani*ations that represent the mar)inali*e" an"

un"errepresente" are that represent those ho lac5 ell-"ene" political

constituencies+ either must belon) to their respectie sectors or must hae a recor"

of their a"ocacy of their sector. 1o in the case if ,antay ,ata+ you nee" not be

mar)inali*e" for you to be a nominee as lon) as you hae a recor" of a"ocacy for

their respectie sectors. !o the nominees of national an" re)ional parties or

or)ani*ation must be bona "e member of such parties of the or)ani*ation. Ta5e

note that bona "e membership perio" that is re6uire" by la is only &0 "ays.

Section 5 pro$i%es t&at t&e Me('ers o) t&e *ouse o) +epresentati$e s&all

'e electe% )or a ter( o) t&ree years w&ic& s&all 'egin, unless ot&erwise

pro$i%e% 'y law, at noon on t&e t&irtiet& %ay o) June net )ollowing

election.

The term for a member for a house is 4 years+ you can run a)ain for a maBimum of

4 consecutie terms+ any oluntary renunciation is consi"ere" as interruption. More

or less+ it is the same in proision for the senators+ so hat is a term an" ho is it

"ierent from tenure> Tenure is perio" proi"e" by la here one is entitle" to hol"

a public o#ce an" hen you say tenure+ it is the actual hol"in) of an o#ce. !o the

term+ can only be shortene" ia amen"ment in this case of the onstitution+ it can

be re"uce" or len)thene" ia amen"ment.

=hat about tenure> Tenure can be shortene" or len)thene" anytime? there is no

nee" for an amen"ment in the constitution. 3n the case of Dimaporo s. Mitra+ there

as a proision that an electie o#cial ho le his erticate of an"i"acy for

another o#ce+ hich he is not currently hol"in)+ is consi"ere" ipso facto resi)n.

That wasthe la un"er the @mnibus o"e.


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3n the present case+ he as a con)ressman an" there is an upcomin) election an"

he le" his certicate of can"i"acy+ he as "eliste" from the membership in the

house+ by course of la as he as consi"ere" as ipso facto resi)n. Ee challen)e"

the proision as unconstitutional because it a(en%s t&e ter( o) o8ce o) a

congress(an 'y legislation an% not 'y a(en%(ent o) t&e constitution,

;,ol" phrases supplie"< a term can be shortene" or len)thene" ia amen"ment ofthe constitution+ an" the 1 sai"+ o, the shortene" here is not his term but his

tenure throu)h his oluntary act of lin) the erticate of an"i"acy+ that ha" the

eect on shortenin) his stay in the o#ce but the term in the o#ce remains. That

as the la then+ but no+ Public @#cials ho run for public o#ce are no lon)er

consi"ere" as ipso actoresi)n.

Constitution Transcriptions August 14

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Transcript of Constitution Transcriptions August 14