Political and Public International Law › Legislative Department › Other Powers

4. Question Hour

Question Hour

Concept

Question hour provides an occasion for legislators to hear executive officials and ask about matters within their departments. At the national level, department heads may appear before either House of Congress. The Cordillera provisions described proposed appearances before a regional assembly; neither became operative because neither organic act was ratified in a plebiscite, as required by Article X, Section 18 of the 1987 Constitution. There is no Cordillera Assembly in which those provisions operate. (Sec. 7, Exec. Order No. 292)1 (Sec. 10, Rep. Act No. 8438)2

Governing provisions

Section 7 of Executive Order No. 292 governs appearances of department heads before either House. Section 17 of Republic Act No. 6766 described a monthly “people’s hour” in a proposed Cordillera Assembly, while Section 10 of Republic Act No. 8438 described a regional “question hour” as often as necessary under the proposed assembly’s rules. Neither provision became operative because the respective organic act failed ratification. (Sec. 7, Exec. Order No. 292)1 (Sec. 17, Rep. Act No. 6766)3 (Sec. 10, Rep. Act No. 8438)2

Requisites / Rules

  • National appearance: A department head may appear on the head’s own initiative with the President’s consent, or upon the request of either House as its rules provide. The subject must pertain to the department. (Sec. 7, Exec. Order No. 292)1
  • Advance questions: Written questions must reach the Senate President or House Speaker at least three days before the scheduled appearance. Interpellations may go beyond those questions but must concern related matters. (Sec. 7, Exec. Order No. 292)1
  • Proposed people’s hour—not operative: Republic Act No. 6766 would have placed it in the Cordillera Assembly’s Order of Business at least monthly, or more often under its rules. A Cabinet member could have appeared on the member’s initiative with the Cordillera Governor’s consent, or at the Assembly’s request, to answer questions on matters pertaining to the department. The organic act was not ratified. (Sec. 17, Rep. Act No. 6766)3
  • Proposed regional question hour—not operative: Republic Act No. 8438 would have placed it on the assembly’s agenda as often as necessary under its rules. A regional executive department official could have been invited to answer members’ questions and interpellations. The organic act was not ratified. (Sec. 10, Rep. Act No. 8438)2

Distinctions

Do not merge the provisions’ different terms or treat the Cordillera provisions as operative. The national rule concerns department heads before either House and specifies advance written questions. The proposed people’s-hour provision specified a monthly minimum and a consent-or-request route for a Cabinet member’s appearance. The proposed regional question-hour provision instead spoke of inviting a regional executive department official and fixed frequency by necessity and assembly rules. (Sec. 7, Exec. Order No. 292)1 (Sec. 17, Rep. Act No. 6766)3 (Sec. 10, Rep. Act No. 8438)2

Key doctrines

The nonoperative Cordillera provisions stated inquiry in aid of legislation separately from the scheduled hour for questions. Under those proposed arrangements, inquiries could have been conducted by the Assembly or its committees under duly published procedural rules, with the rights of persons appearing in or affected by an inquiry respected. Do not describe that proposed authority as a power of an existing Cordillera Assembly. (Sec. 17, Rep. Act No. 6766)3 (Sec. 10, Rep. Act No. 8438)2

Exceptions

For a national appearance, the session must be executive when State security or the public interest requires it and the President states so in writing. The national provision also expressly permits related interpellations not confined to the written questions submitted in advance. (Sec. 7, Exec. Order No. 292)1

Bar tip

Identify the body and official first. Apply the three-day written-question rule to the national provision. Neither Cordillera provision supplies a current question-hour procedure because neither proposed autonomous region was established. (Sec. 7, Exec. Order No. 292)1 (Sec. 17, Rep. Act No. 6766)3 (Sec. 10, Rep. Act No. 8438)2

Authorities

  • Sec. 10, Rep. Act No. 8438
  • Sec. 17, Rep. Act No. 6766
  • Sec. 7, Exec. Order No. 292