Huwebes, Disyembre 20, 2012

Prelim Online Exam for Labor Law

Using grammatically correct and legible sentences, answer the following statements sensibly and objectively (20 pts each = 5 pts sentence construction, 5 pts creativity/insight, 5 pts objective assessment/recall of the topic concepts, 5 pts evaluative discussion).

Deadline of posts is December 23, 2012, 10:00 a.m.

1.  Explain the significance of nominal voting in the legislative body by relating it to the essence of democracy.

2.  Differentiate a Presidential Decree from a Republic Act.  Explain their significant difference.  Why are there still Presidential Decrees in effect in the Philippines?

3.  How can a bill that has been vetoed by the president be made into a law?  Provide the proper sequence and give a justification why this is possible.

5 komento:

  1. 1. Nominal Voting is used in the recent debate in the Congress and Senate about the RH Bill. Nominal Voting is significant it is not simply the giving of votes but also knowing the reason of the vote.

    2. Presidential Decree is an order made by a head of state or government and having the force of law. Republic Acts are law that are subjected to the approval of other people. Presidential Decrees are still in effect because of the needed power of the President to issue a law when a certain circumstances occurred.

    3. After the Conference report is approved
    by both the House and Senate, the bill is sent to the President for review.
    He can sign the bill into law or veto it. If vetoed, Congress can attempt to
    override the President's veto. This takes a two-thirds vote in both the
    House and the Senate.

    TumugonBurahin
  2. Muñoz, Dwight Shaun N.

    1. Nominal voting, or the practice of rationalization before voting, is essentially a democratic practice, particularly through the aspect of political transparency. As it is the democratic government's primary aim to serve the people, their actions should be justifiable enough to fit this aim; should there be a flaw in their reasons, that would raise doubt and further complicate the significance of his vote; moreover, the bill being voted on. Since the law must be justifiable in all senses to be able to serve the sovereign people ("a regime of truth, justice, freedom, love, equality, and peace"), the voting process must also be reasonable to show that the bill will have a huge positive effect for the common good of the sovereignty ("promote the common good").

    2. A Presidential Decree is a law made and ratified through the legislative power granted to the president-in-tenure, as provided in the powers of the Executive branch according to the implemented Constitution; in contrast, a Republic Act is a law made and assesed by the Legislative branch, who are by Constitutional practice and tradition are the foremost people responsible for making, amending, and repealing laws. In this sense, a Presidential Decree is made by the Executive branch, whom is primarily responsible for execution and implementation of laws; should the Constitution be amended, he may lose the power to make laws (for example, the current Philippine Constitution does not provide legislative power to the Executive branch). Currently, there are still Presidential Decrees from the past Constitution still in effect, such as the Labor Code of the Philippines, because of their positive effect and use which is a basis for their continuous play, but is subject to the tampering of the Legislation and not the Executive branch.

    3. As adopted from the US Constitution, the President's veto decision may be overturned. Once a bill that has reached the President is vetoed, it is sent to Congress for review; afterwhich, a voting process will ensue under the two-thirds vote basis. If two-thirds of Congress vote to ratify the law, it is then made a law under their power.

    TumugonBurahin
  3. 1. Nominal voting is the domination of the discussion by a single person, encourages all group member to participate, and prioritized solutions in the particular represent the group. Legislative body is a person who make or amend or repeal a laws. Relate to the essence of democracy , it is a free and fair election and majority rules.

    2. President decree is an order made by a head of state or government and having the force of law. While the Republic Act is a partial list of Philippine laws have had various designations at different periods in the history of the Philippines. The effect of the Presidential decree is may people follow the rules regarding the laws of the Philippines.

    3. Only the member of the House of Senate shall introduced by the bill and only the President shall have the power to veto any particular bill in an appropriation. After a conference the president vetoes returns to the House of Senate where the bill is originated. If the representative votes by the two-thirds majority to override veto, then the bill sent to the other house if the house also override by the two-third majority, then the bill becomes a law.

    TumugonBurahin
  4. 1. The nominal voting in the legislative body demonstrates that the lawmaking power is not vested in one person, thus differences in opinion on a particular bill can either make it into a law or kill the same by voting on it. It shows the essence of democracy because the will of the people is represented by their chosen representatives, the members of the Congress. The Congress, performing their legislative functions, is merely discharging the powers delegated by the sovereign people. The will of the people, as guaranteed by democracy is upheld.


    2. Presidential decrees were issuances by the Chief Executive that had the force of law. It is a unilateral order issued by the Chief Executive, that is in effect without any legislative review. In the Philippines, former President Marcos issued the presidential decrees during the martial law which arrogated upon himself the lawmaking powers previously exercised by the Congress. Republic Acts are laws which are legislated by Congress and therefore went through the due process in enacting a law. Such laws do not emanate from a specific person but from the people represented by the members of the Congress. Some presidential decrees are still in effect even until after martial law because the Freedom Constitution of 1986 recognized the validity of existing Presidential Decrees unless otherwise repealed or amended by a subsequent law.


    3. A bill that has been vetoed by the president can be made into law, when the Congress by a 2/3 vote of all its members decide to pass it, therefore overriding the president’s veto. After the third reading, and the bill has been submitted to the president for approval, the president may either approve or veto it. When he vetoes the same, the bill will be sent back to the house of origin which can contain amendments. The members thereof can either consider the amendments made by the president and pass the bill or they can also override it by voting on it. This practice demonstrates the blending of powers of the Legislative and Executive Branch. It also demonstrates the exercises of checks and balances which enables one department to check and correct the mistakes committed by the other. The veto of the president and its subsequent overriding by the Congress exemplifies the essence of the Checks and Balance

    TumugonBurahin
  5. 1.Nominal voting is a type of voting that is used by the legislative body in order to state their reason on what their decisions would be about the proposed bill and each of whom has a chance to speak of why and what they think about the bill that was proposed then and state if they agree or not. The Legislative body is the composed of the lower house and upper house members that represents the people. It is related to the essence of democracy by having the freedom to speak your thoughts, and to promote truthful, just, honest and equal opinions.

    2.Presidential decrees are issued by the head of state and also issuances made by the Chief Executive that had the force of law. Presidential Decrees were innovation by former President Ferdinand E. Marcos in the past era. While the Republic Act is made through the existing laws in the Philippine constitution adopted from the U.S Colony in the early 1900’s which is called “Act”; 1970’s in the Republic under Martial Law it was called “Batasang Pambansa”,and after the era of former Pres.F.E. Marcos it is now called the Republic Act up until now. There are still Presidential Decrees that has an effect in the Philippines because the President has still the power to issue a law that could help his people.

    3. A bill vetoed by the president can be made into a law, when the president returns the bill to the originating house with explanation. it comes from the third reading in case of conflicting reasons and circumstances committee is constituted to reconcile differences both the senate and house of representatives then vote, after they have voted is is now passed to the president,failure to act within 30 days after receipt of bill it lapses now into a law. If the president then now vetoed the bill the congress can over-ride it by a 2/3 vote of all its members that would decide and agree to pass the bill.

    TumugonBurahin