De La Salle University-Dasmariñas College of Business Administration

In Partial Fulfillment of the Requirements In Philippine Constitution and New Government (SOSC106)

The Constitutional Provision of Article VII Section 5 and its Relation to the May 2010 Election Presidential Candidate Benigno “Noynoy” Aquino III

Submitted By: Matienzo, Judith D. MKA22 Submitted To: Mr. Segundo E. Sim

May 2010

TABLE OF CONTENTS

Title Page ……………………………………………………………………………… Chapter I – The Problem and its Background Introduction Statement of the Problem Statement of the Hypothesis Chapter II – Review of Related Literature Local Studies Chapter III – Research Design Research Method Used Time and Place of Study Sampling Procedures Collection of Data Chapter IV – Presentation, Analysis, and Interpretation of Data

Page i

Chapter V – Summary, Conclusion, Recommendation and Action

Appendix Reference List

CHAPTER I THE PROBLEM AND ITS BACKGROUND

Introduction
For the Philippines, Aquino is an unlikely man of the moment (Ishaan Taroor, 2010). Many have been questioning his capability of alleviating the Nation from the many problems it faces. Now lies in his hands are the possibilities he have been continuously promising the humankind. Overrated opinions that he can not be as good as his father and mother can be heard everywhere. Just like what Gelo Cabigas (2010) has mused, “He has lived his life living the fruits of
his parents’ life, and name, off the family wealth. Noynoy is… NOT CORY, Noynoy is NOT NINOY..and Noynoy is not ...Kris.” However, many still believes that it really runs in the

blood,

serving

the

mankind

and

doing

what

is

just

and

right.

This study aims to determine the relationship between the constitutional provision of Article VII Section 5 and the May 2010 election presidential candidate Benigno “Noynoy” Aquino III. This will help the researchers conclude whether the provision is being observed and would be strictly observed by the future administration.

With the existing ideas of the researcher, this study hopes to either strengthen or nullify prevailing assumptions and principles on the subject.

Statement of the Problem
This research study intends to analyze the constitutional provision of Article VII Section 5 and its relation to the May 2010 Election Presidential Candidate Benigno “Noynoy” Aquino III.

Statement of the Sub-Problem
a. What does the Constitutional Provision of Article VII Section 5 state?
b. Who is Benigno “Noynoy” Aquino III? c. How does the Constitutional Provision of Article VII Section 5 affect the May 2010

Election Presidential Candidate Benigno “Noynoy” Aquino III?

Statement of Hypothesis
There is no relationship between the Constitutional Provision of Article VII Section 5 and the May 2010 Election Presidential Candidate Benigno “Noynoy” Aquino III.

CHAPTER II REVIEW OF RELATED LITERATURE

The 1935 Constitution: Executive Powers (Encarnacion-Tadem and Morada, 2006)
Executive power in the 1935 Constitution is vested on the President of the Philippines (Art. VII). Isagani Cruz describes executive power as the power to enforce and administer laws. But in the exercise of this power, the president assumes a “pleniture of authority”, though with “awesome responsibility”. It would be quite dangerous if left in the hands of unscrupulous politicians, as in the case of Ferdinand Marcos, but a powerful instrument if used by dedicated presidents for the interests of the people. The vital executive powers and duties of the president, indicating the functions of the office, stipulated in the amended Article VII Executive Department, are the following: 1. Power to Appoint. With the consent of the Commission on Appointments, the president is vested with powers to appoint the heads of executive departments and bureaus; the officers of the Army, from the rank of colonel of navy, and from the rank of captain or commander of the air forces; and all other officers of the government not provided for, and those authorized by law, as well as for inferior officers as Congress may by law authorize the president. 2. Executive Control. As stated in the Constitution, the president is vested with the power and functions to implement laws, including the preservation and defense of Constitution, and the rendering of justice and service to nation.

3. Budgetary Power. The president submits the budget of receipts and expenditures in the opening of each regular Congress session, as basis for general appropriation bill (Art. VI Sec. 19[11]). 4. Military Power. The president is the commander in chief of all armed forces of the Philippines and whenever necessary, may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, rebellion.
5. Power to declare martial law and suspend the writ of habeas corpus. When public

safety requires, the president may call for the suspension of writ of habeas corpus and declare Philippines or part thereof under martial law. 6. Power to grant reprieves. The president has the power to grant reprieves, commutations, pardons; remit fines and forfeitures after conviction, for all offenses except cases of impeachment, subject to conditions, restrictions and limitations of deemed proper to impose; power to grant amnesty with the concurrence of Congress. 7. Treaty-making power. The president wi6th concurrence of two-thirds of all members of the Senate can enter into treaties; and has the power to receive ambassadors and other public ministers duly accredited to the government of the Philippines.
8. Taxation power. As authorized by the Congress, subject to limitations and restrictions

as it may impose, the president can fix, within the specified limits, tariff rates, import or export quotas, and tonnage and wharfage dues. 9. Veto power. With respect to Congress, the president can exercise veto on particular item or items of an appropriation bill.

The president’s use of executive powers stipulated in the 1935 Constitution on the period of the Commonwealth and the Third Republic provided the lessons for crafting the 1987 Constitution, as well as the bitter lessons from the Marcos Regime. The 1973 and 1981 constitutions were drafted and ratified under conditions of martial rule from 1972 to 1986, and used by Marcos in ways that suited his dictatorial regime, until it ended by the 1986 People Power Revolution, now referred to as EDSA 1.

The Philippine republic: Independence and Executive Leadership (EncarnacionTadem and Morada, 2006)
The challenge: Democracy and Development The way presidents use their constitutional powers, their personal qualities, and political style of leadership resulted in positive and negative impacts on the democratic institutions and processes. The significant relationships of the president were with the bureaucracy; as part of the electoral spoils system and political patronage; with the military, for support and loyalty; and for legislative support; and with the legislature itself for government appropriations and passage of executive-initiated legislation. A brief review of the presidents from 1946 to 1972 describes the mix of constitutional, personal, and political factors that interplay in assuming the post of chief of executive of the Philippine republic.

The Presidents Manuel A. Roxas (1946-1948) Roxas had to face the problem of the country’s rehabilitation after the war and treaties with the US that had been adjudged over the years as unequal and disadvantageous of the Philippines. He made the ample use of the treaty-making powers of the executives. Elpidio R. Quirino (1948-1953) Quirino’s political will to faithfully serve the Filipino people by pursuing a cleanup for graft and corruption met a challenge when one member of his Liberal Party was charged for irregularities, ousted as president of the Senate and suspended for a year as a Senator. According to accounts, the partymate had asked Quirino to tolerate rather than pursue the investigation, but Quirino persisted in letting the truth come out at all costs. An impeachment charge was brought against Quirino which did not prosper for lack of evidences and factual and legal basis and because the president’s actions were duly approved by legal and constitutional officers. Ramon Magsaysay (1953-1957) As president, Magsaysay carried the image of an honest and humble man, a trustworthy and commendable guerilla leader; the man with the common touch, as one of the masses; a tough fighter of communism but caring and sympathetic to the rebels, a man of action and example, the people’s president. He truly consecrated himself to the service of the nation. Justice was never been deprived from all people; in fact, he even opened the gates of the Malacañang Palace to the Filipino people to make them feel that they are most welcome to the government especially if they have concerns and issues regarding them.

Carlos P. Garcia (1957-1961) President Garcia pursued the “Filipino First” policy, but he also moved into gradual decontrol in 1960. The big blow to Garcia was the serious graft and corruption in his government, deplored by Emmanuel Pelaez who resigned from the Nacionalista Party on this issue. Diosdado P. Macapagal (1961-1965) As president, he tried to keep off the usual executive dominance over the bureaucracy for political patronage and instead attempted to professionalize the bureaucracy. He tried to curb the graft and corruption since he knew this caused Garcia’s downfall by setting up the Antigraft Committee. Ferdinand E. Marcos (1965-1972) Marcos broke the reelection pattern failure of incumbent presidents. He was elected for his first term from 1965 to 1969 and reelected for the second term from 1969 to 1973, but he declared Martial law in 1972 and pushed for the new 1973 and 1981 constitutions to support his authoritarian regime.

CHAPTER III RESEARCH DESIGN

Research Method The descriptive research design was used in this research. One type of descriptive research is the survey method, which is designed to help determine the relation of the Constitutional Provision of Article VII Sec. 5 and the May 2010 Election Presidential Candidate Benigno “Noynoy” Aquino III.

Time and Place of Study This study was conducted at the De La Salle University-Dasmariñas from April 2010 to May 2010.

Sampling Procedures A total of 35 respondents from De La Salle University-Dasmariñas were determined using the random sampling. The names of the respondents were randomly selected using the fishbowl technique.

Collection of Data Data were obtained using the prepared questionnaire (Appendix A). It gathered information regarding the possibility of fulfillment of duties and/or functions of the “incoming” President of the Republic of the Philippines.

CHAPTER IV PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA

1. What does the Constitutional Provision of Article VII Section 5 state?

The 1987 Constitutional Provision of Article VII Section 5 states that: Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its

Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.” (In case of affirmation, last sentence will be omitted.)

Oath is an outward pledge made under an immediate sense of responsibility to God. If the President, Vice-President or Acting President does not believe in God, he makes n affirmation.

Instead of saying “I solemnly swear”, he declares “I solemnly affirm”. In such case, he omits the last sentence: “So help me God.” (De Leon, 1994) The oath-taking marks the formal induction of the President, Vice-President, or Acting President in the office. It is mandatory. He cannot enter on the execution of his office without taking the prescribed oath or affirmation. (De Leon, 1994)

2. Who is Benigno “Noynoy” Aquino III? Benigno Simeon “Noynoy” Cojuangco Aquino III (born February 8, 1960) is a Senator of the Philippines and a candidate for President of the Philippines in the 2010 election, intending to represent the Liberal Party. He is the only son of former President Corazon Aquino and Senator Benigno Aquino, Jr. He is also the brother of TV host and actress Kris Aquino. A graduate of Ateneo de Manila University, he was seriously wounded by rebel soldiers in a failed coup attempt during his mother’s presidency. In 1998, he was elected to the House of Representatives as Representative of the 2nd district of Tarlac province in the 11th Congress of the Philippines; he was reelected twice, eventually becoming Deputy Speaker. In 2007, he was elected to the Senate of the 14th Congress of the Philippines.

In the Liberal Party, Aquino has held various positions such as Secretary General and Vice President for Luzon. He is currently the LP Vice-Chairman. After the death of President Corazon Aquino, calls for him to run for higher office reached its highest and he has decided after the retreat that he would run as a candidate for Presidency at the 2010 elections. A group of lawyers and activists formed the NAPM — the Noynoy for President Movement — and a nationwide campaign led by the son of the late influential businessman Chino Roces began to collect a million signatures in order to persuade Aquino to run for President. In the last weekend of August, Senator Aquino and his fellow partymate in the Liberal Party, Senator Mar Roxas and an unnamed presidential aspirant commenced days of talks to decide what to do for next year’s elections. On September 1, 2009, in a press conference at the Club Filipino in Greenhills, San Juan City, Senator Roxas, a leading candidate for the Liberal Party nomination announced his withdrawal in the presidential race and expressed his support for Aquino’s candidacy. Sen. Aquino later stood side by side Sen. Roxas, but did not make a public statement on the said press conference.

On September 9, 2009, 40 days after the death of his mother, Aquino officially announced his bid for the Presidency in a press conference at the Club Filipino in Greenhills, San Juan City, which also served as the site of his mother’s Presidential Inauguration in 1986.

3. How does the Constitutional Provision of Article VII Section 5 affect the May 2010 Election Presidential Candidate Benigno “Noynoy” Aquino III? Many are still in doubt of the capabilities of the Presidential Candidate Benigno “Noynoy Aquino” III. It is inevitable, though, that issues and controversies will keep on bugging him and his family every now and then. Furthermore, the senator just keeps his eyes and mind open knowing that not every citizen of the Philippines is in his alliance. It is evident that the May 2010 Presidential Candidates really got their eyes on the development and progression of the Philippines and no one knows who would win, even if the surveys and polls clearly state the big difference of Noynoy’s lead among the other presidentiables. The researcher conducted a survey regarding the capability of Noynoy to fulfill all his duties as “incoming” president of the Philippines as stated in the oath/affirmation made on the inauguration of every newly-elected president. To establish clear results from the survey and for better analysis, below are tabulations prepared from the respondents’ individual answers.

As the leader in the Presidential Election race most recently presented by the COMELEC, and the time comes that he shall take the presidency, I believe that Presidential Candidate Benigno “Noynoy” Aquino III:

Choices

No. of Respondents

Total No. of Respondent s 35 35 35 35 35 35 35

Percentage

Shall fulfill his duties as a president of the Philippines Shall preserve and defend its constitution Shall execute its laws Shall do justice to every man Shall consecrate himself to the service of the Nation Believes in God Cannot perform any of the duties as a president of the Philippines

15 20 30 25 25 20 0

43% 57% 86% 71% 71% 57% 0

Furthermore, I _________________ that he would take the presidential oath/affirmation for granted. Choices Believe Do not believe No. of Respondents 25 10 Percentage 71% 29% Rank 1 2

CHAPTER V SUMMARY, CONCLUSION, RECOMMENDATION AND ACTION

APPENDIX
The Constitutional Provision of Article VII Section 5 and its Relation to the May 2010 Election Presidential Candidates

Please check (√) the answers most applicable to you on the spaces provided. Please share your frank, honest, and sincere answer.

Name (optional): ________________ CYS: __________

As the leader in the Presidential Election race most recently presented by the COMELEC, and the time comes that he shall take the presidency, I believe that Presidential Candidate Benigno “Noynoy” Aquino III:

__shall fulfil his/her duties as a President of the Philippines __shall preserve and defend its constitution __shall execute its laws __shall do justice to every man __shall consecrate him/herself to the service of the nation __believes in God __cannot perform any of the duties as a president of the Philippines

Furthermore, I ( ) believe ( ) do not believe that he would take the oath/affirmation for granted.

REFERENCE LIST

Books Encarnacion-Tadem, T. S., and Morada, N.M. (2006). Philippine Politicas and Governance: An Introduction. Philippines: COR ASIA, Inc. Internet HALALAN 2010. (2010). Noynoy Aquino Biography. Retrieved http://www.eleksyon.co.cc/benigno-simeon-noynoy-cojuangco-aquino-iii/ from

THAROOR, ISHAAN. (2010, April). The Next Aquino: Can Noynoy Save The Philippines? Retrieved May 19, 2010 from http://www.time.com/time/magazine/article/0,9171,1982219,00.html#ixzz0oNgdcDpx

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