Professional Documents
Culture Documents
Philippine Govt and Politics W Consti
Philippine Govt and Politics W Consti
Politics as the Art of Government: It is the exercise of control within society through
the making and enforcement of collective decisions. This definition was derived from
the word “polis” which literally means city-state. Ancient Greek society was divided
into a collection of independent city-states, each of which possessed its own system
of government. Politics can be understood to refer to the affairs of the polis.
A person is said to be in politics when they hold a public office or be entering politics
when they seek to do so, the right of a person or institution to make decisions on
behalf of the community. According to David Easton-politics is the authoritative
allocation of values; politics has therefore come to be associated with policy, formal
or authoritative decisions that establish a plan of action for the community.
Moreover, it takes place within a polity-a system of social organization centered upon
the machinery of government.
Politics as public affairs: The distinction between the political and non-political
coincides with the division between the political and non-political coincides with the
division between an essential public sphere of life and what is though as a private
sphere. Politics goes on within public bodies such as the government but does not
take place within the private domain – the home, family and personal relationships.
Politics as a public activity stops only when it infringes upon personal affairs and
institutions.
For this reason, while many people are prepared to accept the form of politics takes
place in the workplace, they may be offended and even threatened by the idea that
politics intrudes into family, domestic and private life. From the liberal point of view,
the maintenance of the public/private distinction is vital to the preservation of
individual liberty, typically understood as a form of privacy or non-interference. If
politics is regarded an essentially public activity centered upon the state, it will
always have a coercive character-the state has the power to compel the obedience of
its citizens.
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of the existence of scarcity, while human needs and desires are infinite, the
resources available to them are always limited, politics therefore comprises any form
of activity through which conflict about resource allocation takes place.
Politics is the process by which communities pursue collective goals and deal with
their conflicts authoritatively by means of government. When we say politics is a
process, we mean that it is a continuing sequence of events and interactions among
various actors, such as individuals, organizations and governments. The concept of
process also implies that these political interactions generally take place within a
structure of rules, procedures and institutions rather than haphazardly.
More than anything else, politics is about how people organize their collectively
tackling the problems they face. A community can be any interacting collectivity of
individuals, from the tiniest village to the world as a whole. Whichever size of the
community may be, human beings from time immemorial have found ways to
organize their interactions in order to promote various goals or endeavors. Perhaps
the most basic goals sought by just about every country in the world are physical
security and material well being. Virtually all nations want to secure the safety of
their population and territory against outside aggression and most would want to
improve their living standards.
Beyond these basic goals, communities can choose from a list of potential ones, from
maximizing individual freedom to improving social welfare, from cleaning up the
environment to building powerful military establishments. In the best circumstances,
the members of a community are able to define and accomplish their goals on the
basis of cooperation. But few communities are also fortunate as to be without
conflict. Even if there is wide consensus on what the community’s goals should be,
conflicts frequently arise over how to go about achieving them. Indeed, many
political observers would assert that conflict is the driving force of politics.
The activity of government involves the ability to make decisions and to ensure that
they are carried out. Government functions in the making of laws, implementation
of laws and the interpretation of laws.
1. Monarchy-one in which the supreme and final authority is in the hands of a single
person without regard to the source of his election or the nature or duration of
his tenure, monarchies are further classified into: 1) absolute monarchy: one in
which the ruler leader by divine right; 2) limited monarchy: one in which the
leader rules in accordance with the constitution.
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2. Aristocracy-one in which political power is exercised by a few privileged class,
which is known as the aristocracy or oligarchy
3. Democracy-one in which political power is exercised by a majority of the people,
democratic government are further classified into: 1) direct or pure democracy-
one in which the will of the state is formulated or expressed directly and
immediately through the people in mass meeting or primary assembly rather
than through a medium of delegates or representatives chosen to act for them;
2) Indirect, representative or republican democracy: one in which the will of the
state is formulated and expressed through the agency of a relatively small and
select body of persons chosen by the people to act as their representatives.
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within its territory or external or the freedom of the state to carry out its
activities without subjection to or control by other states
Influence is the ability to affect the content of decisions though some form of
external pressure, highlighting that fact that formal and binding decisions are not
made in a vacuum. Influence may therefore involve anything from organized
lobbying and rational persuasion, through open intimidation
Authority is the right to exercise power, is based upon a perceived right to rule and
brings about compliance through moral obligation on the part of the ruled to obey.
Authority always has a moral character. This implies that that it is less important
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that authority is obeyed than that it should be obeyed. In this sense, a teacher is
said to have authority to demand homework from students even if they persistently
disobey. The relationship between authority and an acknowledged right to rule
explains why the concept is so central to the practice of government, in the absence
of willing compliance, governments are only able to maintain order by the use of
fear, intimidation and violence.
Legitimacy is the quality that transforms power into rightful authority; it confers
upon an order or command, an authoritative or binding character, ensuring that it is
obeyed out of duty rather than because of fear. Legitimacy is considered as the
widespread acceptance of the exercise of power and authority. In the absence of
legitimacy, government can only be sustained by fear, intimidation and violence.
The emergence of new government has been propelled by the decline of state
capabilities, particularly its financial resources during the 1980s and 1990s. The
management of the financial crisis of the state has highlighted the tremendous
inertia associated with changing both revenue structures and expenditures. Another
component of this problem has been the waning political support; the public’s
reluctance towards further tax rises is surpassed only by its resistance to cutbacks in
public spending. In a governance perspective, we see governments essentially
unable to transform the economy; expenditures patterns are politically sensitive and
administratively locked in while taxes and other revenues must be handled with
great political caution. Governments have not been totally inert. They have fund
that consumption taxes provoke less resistance than do income taxes and they have
also found that fees and taxes linked to specific expenditures are palatable to the
public, but the state still encounters public skepticism about raising revenue.
Within this context, governance has become an attractive philosophy and political
strategy. By involving private actors and organized interests in public service
delivery activities, governments have attempted to maintain their service levels even
while under severe budgetary constraints. By blurring the private and public
distinction, the state’s problems in managing its affairs are portrayed more as a
matter of the tasks and challenges the state is facing rather than a consequence of
poor public management. Governance in this perspective is used to provide the
acceptable face of spending cuts. In an era when government has increasingly
become equated with slow bureaucracy and a collectivist political thinking,
incorporating private sector management thinking and diversifying public service
delivery have emerged as an attractive strategy.
Strong governance means the exercise and assumption of political, economic and
administrative authority to reconcile the interests and welfare of every sector of
society. It also means mobilizing their respective strengths while liberating them
from their weaknesses. Government must be both minimalist and interventionist.
On the one hand, it assumes a minimalist role in the conduct of business if it is to
acknowledge that it is the private sector that serves as the engine of growth. This is
the reason for liberalization, privatization and deregulation. On the other hand, it
must intervene actively if the market solution is inappropriate to address the interest
of the poor, the powerless and the so called marginalized sectors which include the
workers, farmers, fishermen and indigenous communities. Government must
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address the plight of these sectors so that they may be brought and reconciled into
the mainstream of productive economic activities. In short, government must not
only be concerned with economic growth, it too must be concerned with
redistributing the fruits of this growth. It is here that we find the substance of
governance. Government must not only be concerned with the efficient allocation of
resources but also with ensuring that society as a whole, is more equitable, humane
and just.
Defining Governance:
Governance is the process whereby elements in society wield power and authority
and influence and enact policies and decisions concerning public life, economic and
social development. Governance chooses management over control because its
system is permeable, admits outside influences, assures no omnipotence or
omniscience on the part of the decision maker and subjects decisions to the
evaluation and critique of all those with a stake in them.
The other major role of the state is to facilitate by providing resources to assist
markets and communities. Such resources include information, technical expertise
and advice, research and development programs, physical infrastructure as well as
grants in aid or incentives schemes.
Collaboration between the state and civil society is involvement by both in all phases
of the policy process. The participation of market and civil society in governance
adds new role to the state-that of building partnerships and linkages to the two
sectors. Moreover the engagement of the state shifts the social picture from elite
control to active partnership.
Governance includes the state, but transcends it by taking in the private sector and
civil society. All three are critical for sustaining human development. The state
creates a conducive political and legal environment. The private sector generates
jobs and income and civil society facilitates political and social interaction-mobilizing
groups to participate in economic, social and political activities. Because each has
weaknesses and strengths, a major objective of support of good governance is to
promote constructive interaction among all three.
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Elements of governance:
1. Participation: all men and women should have a voice in decision-making, either
directly or through legitimate intermediate institutions that represent their
interests. Such broad participation is built on freedom of association and speech
as well as capacities to participate constructively.
6. Equity: all men and women have opportunities to improve or maintain their well
being
7. Effectiveness and efficiency: Processes and institutions produce results that meet
needs while making the best use of resources.
8. Accountability: Officials should be liable for their actions and decisions. Officials
must answer to stakeholders on the disposal of their powers and duties, act on
criticisms or requirements made of them and accept responsibility for their
failure, incompetence or deceit.
9. Strategic vision: leaders and the public have a broad and long term perspective.
THE CONSTITUTION:
The Constitution refers to that body of rules and principles in accordance with which
the powers of the sovereignty are regularly exercised. It is regarded as the highest
law of the country.
The Constitution of the Philippines serves as the written instrument by which the
fundamental powers of the government are established, limited and defined and by
which these powers are distributed among several departments or branches for their
safe and useful exercise for the benefit of the people.
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That body of rules and maxims in accordance to which the powers of the
sovereign are habitually exercised;
The organic and fundamental law of a nation or state, which may be written and
unwritten, establishing the character and conception of its government, laying
the basic principle of which its internal life is to be conformed, organizing the
government, and regulating, distributing and limiting the functions of its different
departments and prescribing the extent and manner of the exercise of sovereign
powers;
A fundamental law which outlines the framework of government and defines the
relations between a person or citizen and the state based on a political
philosophy;
The instrument by which the people expressly grant the exercise of the supreme
power of sovereignty to their executive, legislative and judicial leaders; and
The embodiment of the supreme power of the people authorizing the exercise of
the legislative, executive and judicial powers of the state by a distinct person or
body of persons in accordance with its delineation, division and counter balancing
of powers.
Constitutional law may be defined as that branch of public law, which discusses
constitutions, their nature, formation, amendment and interpretation. It refers to
the law embodied in the Constitution as well as the principles growing out of the
interpretation and application made by the courts (particularly the Supreme Court) of
the provisions of the Constitution in specific cases. Thus the Philippine Constitution
itself is brief but the law of the Constitution lies scattered in thousands of Supreme
Court decisions.
We, the sovereign Filipino people, imploring the aid of Almighty God,
in order to build a just and humane society and establish a
government that shall embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony and secure to
ourselves and our posterity the blessings of independence and
democracy under the rule of law and a regime of truth, justice,
freedom, love, equality and peace, do ordain and promulgate this
Constitution.
The term preamble is derived from the Latin preambulare which means “to walk
before”. It is an introduction to the main subject. It is the prologue of the
Constitution.
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The Preamble sets down the origin and purposes of the Constitution. While a
preamble is not a necessary part of a Constitution, it is advisable to have one. In
the case of the Philippine Constitution, the preamble which is couched in general
terms, provides the broad outline of, and the spirit behind, the Constitution.
The Preamble is a statement of the ideals and aspirations of the people through their
duly elected representatives – the framers of the Constitution. In the case of the
1987 Constitution, the framers intended the preamble to express the spirit and ideals
that animate the provisions of the body of the Charter. The Preamble is a kind of
vision/mission statement for the country. It contains the values that our nation
desire for our country, government national life and individual life.
It serves two important aims: 1) it tells us who are the authors of the Constitution
and for whom it has been promulgated; 2) it states the general purposes which are
intended to be achieved by the Constitution and the government established under
it, and a certain basic principles underlying the fundamental charter.
The Preamble may serve as an aid in the Constitution’s interpretation. The Preamble
has a value for purposes of construction. The statement of the general purposes
may be resorted to as an aid in determining the meaning of vague or ambiguous
provisions of the Constitution proper.
The term territory includes three elements: land (terrestrial), air (fluvial) and air
space (aerial domain). This should correct the misconception that it is limited to the
land domain only. Because air space is part of the national territory is the reason,
why radio and television stations must obtain a franchise from Congress. This is also
the reason why airline companies must obtain rights to use the “aerial
superhighway”
The term territory has two concepts: political and legal. The political concept of
territory conceives of it as the matrix and framework of its political independence
and national security. The territory serves as the area within which sovereign
powers are exercised. National security demands the preservation of he integrity of
the national territory.
The legal concept of the territory contemplates the territory as one of the essential
elements of the state. Without a territory, a state cannot come into existence. It is
also an element for the exercise of sovereignty. The territory of the state is
coterminous with its sovereignty and can thus be exercised only within its territorial
boundaries. All persons, whether Filipino citizens or foreigners and things, whether
real or property, located within the territory, are subject to the supreme authority of
the state.
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DECLARATION OF PRINCIPLES AND STATE POLICIES
A republican government is a government of the people, by the people and for the
people. It is one where ultimate power is exercised directly by the people and
indirectly by civilian leaders elected in accordance with the procedures laid down in
the Constitution or in accordance with publicly recognized procedures of transferring
power.
It is in accordance with the principle of the United Nations Charter binding all
members to refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any state.
The declaration refers only to the renunciation by the Philippines of aggressive war,
not war in defense of her national honor and integrity. Men and nations cannot
waive in advance the basic right of self preservation. Under Article VI, Section 23
(1) of the Constitution, Congress with the concurrence of two thirds of all its
members, voting separately, may declare the existence of a state of war.
International law refers to the body of rules and principles, which governs the
relations of nations and their respective peoples in their relations with one another.
The Philippines seeks only peace and friendship with her neighbors and all countries
of the world, regardless of race, creed, ideology and political system.
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the State. Its goal is to secure the sovereignty of the State and the
integrity of the national territory.
Civilian supremacy over the military provides the necessary safeguard against
martial law. The AFP should follow the constitution’s mandate in order to in the
hearts and minds of the people in the efforts to resolve the long drawn insurgency
problem and fulfill its crucial task as an effective guardian of the nation’s safety
against any threat to its existence, either foreign or domestic. The AFP shall be the
protector of the people and the state to secure the sovereignty of the state and the
integrity of the national territory. This means fighting all forces, internal and
external, which seek to overthrow the government, impair the independence of the
nation or dismember any portion of the territory.
The government exists for the people and the defense of the country is one of the
citizen’s most important duties.
Only when peace and order, security and a life of dignity are established and
maintained, will political stability and economic prosperity become attainable and the
people truly enjoy the blessings of independence and democracy.
The principle simply means that the church is not to interfere in purely political
matters or temporal aspects of man’s life and the state in purely matters of religion
and morals which are exclusive concerns of the other. The demarcation line calls on
the two institutions to “render onto Caesar the things that are Caesar’s and unto God
the things that are God’s”. This is not as simple as it appears for the exact dividing
line between the respective domains or jurisdictions of the Church and the state has
always been the subject matter of much disagreement. The term Church as in the
Constitution, covers all faiths.
A wall of separation between the Church and the state means that:
a) The state shall have no official religion;
b) The state cannot set up a church, whether or not supported with public funds;
nor aid one religion, aid all religions, or prefer one religion over another;
c) Every person is free to profess belief or disbelief in any religion;
d) Every religious minister is free to practice his calling; and
e) The state cannot punish a person for entertaining or professing religious beliefs
or disbeliefs
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national sovereignty, territorial integrity, national interest and the right
to self determination.
It is not one that completely rejects advice or assistance from without. Neither does
it mean abandoning traditional allies or being isolated from the international
community. To be realistic, a foreign policy must have a global outlook in view of
the deleterious effect on the country’s relations with other countries of a foreign
policy that revolves only on our relations with select members of the international
community and being a small developing country, we must make no enemy of we
can make a friend.
The intent of this section is to forbid the making, storing, manufacture or testing in
the Philippines of nuclear weapons, devices or parts thereof as well as the use of our
territory as dumping site for radioactive wastes and the transit within our territory of
ships and planes with nuclear weapons. It does not however, prohibit the use of
nuclear energy for medicine, agriculture and other peaceful or beneficial purposes.
Congress will have to provide the mechanics to effectively implement Section 8.
Section 9: The state shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living and an
improved quality of life for all.
With the eradication of mass poverty, the state solves at the same time a chain of
social problems that comes with it-social unrest, breakdown of family systems,
diseases, ignorance, criminality and low productivity.
Section 10: The state shall promote social justice in all phases of
national development:
The state must give preferential attention to the welfare of the less fortunate
members of the community, those that have less in life.
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Section 11: The state values the dignity of every human person and
guarantees full respect for human rights.
In a democratic state, the individual enjoys certain rights, which cannot be modified
or taken away by the law making body.
Section 12: The state recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life of
the unborn from conception. The natural and primary right and duty
of parents in rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the
government.
The state is mandated to recognize the sacredness of family life and to strengthen
the family, under this section, the government may not enact any law or initiate
measures that would break up or weaken the family.
Human life is commonly believed to begin from the moment of conception when the
female egg and the male sperm merge in fertilization. From that moment, the
unborn child is considered a subject or a possessor of human rights. He has a basic
human right to life which the State is mandated to protect, along with infants and
children. In short, once conceived, a child has a right to be born. The provision
protecting the unborn prevents the possibility of abortion being legalized by future
legislation. It manifests the constitution’s respect for human life.
Section 13: The State recognizes the vital role of the youth in nation
building and shall promote and protect their physical, moral, spiritual,
intellectual and social well-being.
It shall inculcate in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs. The youth constitute a rich reservoir of
productive manpower. Recognizing their vital role in shaping the country’s destiny,
the Constitution lends its support to the promotion of their welfare. By harnessing
their enterprising spirit and progressive idealism, young people can become effective
players in our collective effort to build a modern Philippines.
Section 14: The State recognizes the role of women in nation building
and shall ensure the fundamental equality before the law of women
and men.
The traditional view that the role of women is primarily child bearing and child
rearing should be abandoned. While the social role of women as mothers and
household managers is recognized, the state should formulate strategies to expand
women’s participation in non-household and productive activities and thus make
them direct contributors to the country’s economic growth.
Women constitute more than half of the population, a powerful political and
economic in society. By their number, it is only right that their voice be heard on
matters affecting their welfare and the country as whole; it is simple justice that they
be given a legitimate share with men in leadership and major decision making
process at all levels and in all spheres of human activity outside their homes.
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In economic life, the State must promote and uphold equality of men and women in
employment, terms of employment, opportunities of promotion, the practice of
profession, the acquisition, control and disposition of property, pursuit of business
among others.
Section 15: The State shall protect and promote the right to health of
the people and instill health consciousness among them.
Wholistically defined, health is the state of physical, social and mental well being
rather than merely the absence of physical diseases. The State has the obligation to
promote and protect the right of the people to health. To better fulfill this duty, it
must instill health consciousness among the people.
Section 16: The State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
The lessons drawn from ecological studies in the United Nations showed that
political, social and economic growth and development are crucially dependent upon
the state of the human development. For this reason, the improvement of the
quality of our environment should occupy a higher place in the scheme of priorities of
the government.
Section 17: The State shall give priority to education, science and
technology, arts, culture and sports to foster patriotism and
nationalism accelerate social progress and promote total human
liberation and development.
Section 18: The State affirms labor as a primary social economic force.
It shall protect the rights of workers and promote their welfare.
Section 20: The State recognizes the indispensable role of the private
sector encourages private enterprise and provides incentives to
needed investments.
The government was not established to engage in business. The duty of the state is
to make the economy a system for free and private enterprise with the least
government intervention in business affairs.
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Section 22: The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national unity
and development.
The State is bound to consider the customs, traditions, beliefs and interests of
indigenous cultural minorities in the formulation and implementation of state policies
and programs. In the multi-ethnic society like ours, the above provisions are
necessary in promoting the goal of national unity and development.
The State is required to encourage these organizations because recent events have
shown that, under responsible leadership, they can be actual contributors to the
political, social and economic growth of the country it should refrain from any
actuation that would tend to interfere or subvert the rights of these organization
which in the words of the Constitution are community based or sectoral organizations
that promote the welfare of the nation.
Section 24: The State recognizes the vital role of communication and
information in nation building
By educating the citizenry on important public issues, they also help create a strong,
vigilant and enlightened public opinion so essential to the successful operation of a
republican democracy. Information and communication can be used to link our
geographically dispersed population and help effect faster delivery of educational,
medical and other public services in remote areas of the country.
The Philippines must keep abreast of communication innovations but at the same
time be selective and discriminating to insure that only those “suitable to the needs
and aspirations of the nation” are adapted. Utilized and managed wisely and
efficiently, communication and information are useful tools for the economic, social,
cultural and political development of society.
Section 26: The State shall guarantee equal access to opportunities for
public service and prohibit political dynasties as may be defined by
law.
The dominance of political dynasties in the past only kept more deserving but poor
individuals from running or winning in elections; it also enabled powerful and affluent
politicians to corner appointive positions for their relatives and followers. The law
implementing the constitutional policy shall define what constitutes political
dynasties, having in mind the evils sought to be eradicated and the need to insure
the widest possible base for the selection of elective government officials regardless
of political, economic and social status. Note that the State is expressly mandated to
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prohibit political dynasties. Congress has no discretion on the matter except merely
to spell out the meaning and scope of the term.
Section 27: The State shall maintain honesty and integrity in the
public service and take positive service and take positive and effective
measures against graft and corruption.
What is needed is moral leadership by example on the part of top officials in the
government and a continuing, uncompromising, well-coordinated campaign against
all forms of dishonesty and venality in the public service, which have considerably
slowed down the socio-economic progress in our country.
The policy covers all State transactions involving public interest, i.e. transactions
which the people have a right to know particularly those involving expenditures for
public funds. The law however, may prescribe reasonable conditions for the
disclosure to guard against improper or unjustified exercise of the right. The policy
will not apply to records involving the security of the State or which are confidential
in character.
Procedural due process: refers to the method or manner by which the law is
enforced. It is a procedure, which hears before it condemns which proceeds upon
inquiry and renders judgment only after trial. An indispensable requisite of this
aspect of due process is the requirement of notice and hearing.
Substantive due process, which requires the law itself, not merely the procedures by
which the law would be enforced, is fair, reasonable and just. In other words, no
person shall be deprived of his life, liberty or property for arbitrary reasons.
Life as protected by due process means something more than mere animal
existence. The prohibition against its deprivation without due process extends to all
limbs and faculties by which life is enjoyed. Liberty, as protected by due process of
law, denotes not merely freedom from physical restraint.
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It also embraces the right of man to use his faculties with which he has been
endowed by his Creator subject only to the limitation that he does not violate the law
or rights of others. Property as protected by due process of law may refer to the
thing itself or to the right over a thing. The constitutional provision however has
reference more to the rights over the thing. It includes the right to own, use,
transmit and even destroy, subject to the right of the State and of other persons.
A search warrant is an order in writing, issued in the name of the people of the
Philippines, signed by a judge and directed to a peace officer, commanding him to
search for certain personal property and bring it before the court. If the command is
to arrest a person designated, i.e. to take him into custody in order that he may be
bound to answer for the commission of an offense, the written order is called a
warrant of arrest.
Probable cause – refers to such facts and circumstances antecedent to the issuance
of a warrant sufficient in themselves to induce a cautious man to rely upon them and
act in pursuance thereof. It presupposes the introduction of competent proof that
the party against whom a warrant is sought to be issued has performed particular
acts or committed specific omissions, violating a given provision of criminal laws.
Arrest without a Warrant: Under the Rules of Court, a peace officer or a private
person without a warrant may arrest a person in the following situations:
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Section 11: Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason
of poverty.
The State has the constitutional duty to provide free and adequate legal assistance
to citizens when by reason of indigence or lack of financial means; they are unable to
engage the service of a lawyer to defend them or to enforce their rights in civil,
criminal or administrative cases.
No torture, force, violence, threat, intimidation or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited. Any confession
or admission obtained in violation of this or section 17 hereof shall be inadmissible in
evidence against him. The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families.
Section 13: All persons, except those charged with offenses punishable
be reclusion perpetua when evidence of guilt is strong, shall before
conviction, be bailable by sufficient sureties or be released on
recognizance as may be provided by law. The right to bail shall not be
impaired when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.
Bail is the security required by a court and given for the provisional or temporary
release of a person who is in custody of the law conditional upon his appearance
before any court as required under the conditional specified. The purpose of
requiring bail is to relive an accused from imprisonment until his conviction and yet
secure his appearance at the trial.
The right to bail is granted because in all criminal prosecutions, the accused is
presumed innocent. It may be in the form of cash deposit, property bond, bond
secured from a surety company or recognizance. A capital offense, for purpose of
above provision, is an offense that, under the law existing at the time of its
commission, and at the time of the application to be admitted to bail, may be
punished with reclusion perpetua, or death.
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provided that he has been duly notified and his failure to appear is
unjustifiable.
Section 16: All persons shall have the right to speedy disposition of
their cases before all judicial, quasi-judicial or administrative bodies.
Justice delayed is justice denied. Its express inclusion was in response to the
common charge against the perennial delay in the administration of justice, which in
the past has plagued our judicial system. One need not stress the fact that a long
delay in the disposition of cases creates mistrust of the government itself ad this
may pave the way to one’s taking the law in his own hands to the great detriment of
society.
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Section 4: No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances.
The constitutional freedoms of speech and expression and of the press otherwise
known as the freedom of expression, implies the right to freely utter and publish
whatever one pleases without previous restraint, and to be protected against any
responsibility for so doing as long as it does not violate the law, or injure someone’s
character, reputation or business.
It also includes the right to circulate what is published. It is only through free
debate and free exchange of ideas that a government remains responsible to the will
of the people and peaceful change is effected. The people must be able to voice
their sentiments and aspirations so that they may become active players in the
political process as well as national development.
Section 6: The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except upon the lawful
order of the court. Neither shall the right to travel be impaired except
in the interest of national security, public safety or public health, a
may be provided by law.
The liberty of abode and travel is the right of a person to have his home in whatever
place chosen by him and thereafter to change it at will, and to go where he pleases,
without interference from any source. The right is qualified, however, by the clauses
“except upon lawful order of the court and except in the interest of national security,
public safety or public health as may be provided by law.
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policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
It will reduce public suspicion of officials and thus foster rapport and harmony
between the government and the people. Scope of the right: 1) the right embraces
all public records; 2) It is limited to citizens only but it is without prejudice to the
right of aliens to have access to records of cases where they are litigants; and 3) Its
exercise is subject to such limitations as may be provided by law. It is recognized
that records involving the security of the State or which are confidential in character
should be exempted.
By enabling individuals to unite in the performance of tasks, which singly they would
be unable to accomplish, such associations relieve the government of a vast burden.
The needs of the social body seek satisfaction in one form or the other, and if they
are not secured by voluntary means, the assistance of the government will inevitably
be invoked.
Section 9: Private property shall not be taken for public use without
just compensation.
Related to eminent domain-is the right or power of the State or those to whom the
power has been lawfully delegated to take private property for public use upon
paying to the owner a just compensation to be ascertained according to law. Public
use may be defined with public benefit, public utility or public advantage.
The obligation of contract is the law or duty that binds the parties to perform their
agreement according to its terms or intent if it (agreement) is not contrary to awl,
morals, good customs, public order or public policy. The purpose is intended to
protect is intended to protect creditors, to assure the fulfillment of lawful promises
and to guard the integrity of contractual obligations. Business problems would arise
it contracts were not stable and binding and if the legislature can pass a law
impairing an obligation entered into legally.
21
Section 17: No person shall be compelled to be a witness against
himself.
The right to self incrimination-the right is purely personal and may be waived. It
was never intended to permit a person to plead the fact that some third person
might be incriminated by his testimony, even though he was the agent of such
person. It may not be invoked to protect a person against being compelled to testify
to facts that may expose him only to public ridicule or tend to disgrace him.
The right against detention solely by reason of political beliefs and aspirations-it is a
guarantee that one can voice his contrary views and ideas about the existing political
and social order, that he can articulate his hopes and aspirations for the country
without peril to his liberty.
Section 19: Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall death penalty be
imposed, unless for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty already imposed
shall be reduced to reclusion perpetua.
The purpose of the guarantee is to eliminate many of the barbarous and uncivilized
punishment formerly known, the infliction of which would barbarize present
civilization. The Constitution mandates that the employment of physical,
psychological or degrading punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under sub human conditions should be
dealt with by law. This contemplates the improper, unreasonable or inhuman
application of penalties or punishment of persons legally detained.
The right against double jeopardy means that when a person is charged with an
offense and the case is terminated either by acquittal or conviction or in any other
manner without the express consent of the accused, the latter cannot again be
22
charged with the same or identical offense. The guarantee protects against the
perils of a second punishment as well as a second trial for the same offense.
An ex facto law:
1. Makes an act done before the passage of a law, innocent when done, criminal
and punishes such act; or
2. Aggravates a crime or makes it greater than when it was committed; or
3. Changes the punishment and inflicts a greater punishment than what the law
annexed to the crime, when committed; or
4. Alters the legal rules of evidence, and receives less testimony than or different
testimony from what the law required at the time of the commission of the
offense, in order to convict the offender.
A bill of attainder is a legislative act, which inflicts punishment without a judicial trial.
The prohibition against the enactment of bills of attainder is designed as a general
safeguard against legislative exercise of the judicial function or simply, trial by
legislature.
CITIZENSHIP
A citizen is a member of a democratic community who enjoys full civil and political
rights. In a monarchial state, he is often called subject. An alien is a citizen of a
country who is residing in or passing through another country. He is popularly called
a foreigner. He is not given the full rights to citizenship (such as the right to vote
and to hold public office) but is entitled to receive protection as to his person and
property.
Acquiring citizenship:
1. Involuntary method-by birth, because of blood relationship or place of birth
2. Voluntary method-by naturalization, except in cases of collective naturalization of
the inhabitants of a territory which takes place when it is ceded by one state to
another as a result of conquest or treaty.
Naturalization is the act of formally adopting a foreigner into the political body of the
state and clothing him with the rights and privileges of citizenship. It implies the
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renunciation of a former nationality and the fact of entrance to a similar relation
towards a new body politic. A person may be naturalized in two ways:
1. By judgment of the court-The foreigner who wants to become a Filipino citizen
must apply for naturalization with the proper Regional Trial Court.
2. By direct act of Congress-In this case, the lawmaking body simply enacts an act
directly conferring citizenship on a foreigner
Section 2: Natural born citizens are those who are citizens of the
Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), section 1 hereof shall be
deemed natural born citizens.
Loss of citizenship:
A. Voluntary: 1) by naturalization in a foreign country; 2) by express renunciation of
citizenship; 3) by subscribing to an oath of allegiance to support the constitution
and laws of a foreign country; and, 4) by rendering service to or accepting
commission in the armed forces of foreign country
B. Involuntary: 1) by cancellation of his certificate of naturalization by the court;
and 2) by having been declared by competent authority, a deserter in the
Philippine Armed forces in time of war.
The voluntary loss or renunciation of one’s nationality is called expatriation. In time
of war, however, a Filipino citizen cannot expatriate himself.
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citizenship may be regulated or restricted by law where it is conducive
or could lead to dual allegiances.
SUFFRAGE
Suffrage is the right and obligation to vote of qualified citizens in the election of
certain national and local officers of the government and in the decision of public
questions submitted to the people.
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Scope of suffrage:
1. Election-it is the means by which the people choose their officials for definite and
fixed periods and to whom they entrust for the time being as their
representatives, the exercise of powers of government.
2. Plebiscite-It is a name given to a vote of the people expressing their choice for or
against a proposed law or enactment submitted to them. In the Philippines, the
term is applied to an election at which any proposed amendment to, or revision
of, the Constitution is submitted to the people for their ratification. Plebiscite is
likewise required by the Constitution to secure the approval of the people directly
affected before certain proposed changes affecting local government units may
be implemented.
3. Referendum-it is the submission of a law or part thereof passed by the national
or local or legislative body to the voting citizens of a country for their ratification
or rejection.
4. Initiative-It is the process whereby the people directly propose and enact laws.
Congress is mandated by the Constitution to provide as early as possible for a
system of initiative and referendum. Amendments to the Constitution may
likewise be directly proposed by the people through initiative.
5. Recall-it is the method by which a public officer may be removed from office
during his tenure or before the expiration of his term by a vote of the people
after registration of a petition signed by a required percentage of the qualified
voters.
The sanctity of the electoral process requires secrecy of the vote. Congress will have
to enact a law prescribing procedures that will enable the disabled and the illiterates
to secretly cast their ballots without requiring the assistance of other persons, to
prevent them from manipulated by unscrupulous politicians to insure their victory at
the polls. Perhaps a method of voting by symbols may be devised to make it
possible for disabled and illiterate citizens to exercise the right of suffrage.
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Congress is mandated to provide a system of absentee voting by qualified Filipinos
abroad. It is bound to set aside funds and other requirements for the purpose and to
provide safeguards to ensure that elections overseas are held in a free, clear and
orderly manner.
Article 6
The Legislative Department
Legislative power is essentially the authority under the Constitution to make laws,
and subsequently, when the need arises, to alter and repeal them. Laws refer to
statutes, which are the written enactments of the legislature governing the relations
of the people among themselves or between them and the government and
agencies. Congress operates under a bicameral framework.
Advantages of bicameralism:
1. A second chamber is necessary to serve as a check to hasty and ill-considered
legislation
2. It serves as a training ground for future leaders
3. It provides a representation for both regional and national interests
4. A bicameral legislature is less susceptible to bribery and control of big interests
5. It is the traditional form of legislative body dating from ancient times; as such it
has been tested and proven
Disadvantages of bicameralism:
1. The bicameral set-up has not worked out as effective fiscalizing machinery
2. Although it affords a double consideration of bills, it is no assurance of better-
considered and better-deliberated legislation
3. It produces duplication of efforts and serious deadlocks in the enactment of
important measures with the conference committee of both chambers that is
often referred to as the Third Chamber, practically arrogating unto itself the
power to enact law under its authority to thresh out differences
4. All things being equal, it is more expensive to maintain than a unicameral
legislature
5. The prohibitive costs of senatorial elections have made it possible for only
wealthy individuals to make it to the Senate and as to the claim that a Senate is
needed to provide a training ground for future leaders, two of our Presidents
(Macapagal and Magsaysay) became Chief Executives even if after their service
was confined to the House of Representative.
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Qualifications of a Senator (Section 3)
1. A natural born citizen of the Philippines
2. At least 35 years of age on the day of the election
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for not less than two years immediately preceding
the day of the election
The House of Representatives: composed of not more than two hundred fifty
members
One legislative district – one Representative: Each legislative district shall comprise,
as far as practicable, contagious, compact and adjacent territory. Each city with a
population of at least two hundred fifty thousand, or each province, shall have at
least one representative. (Section 5)
1. No Senator or Member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, or instrumentality
thereof, including government owned and controlled corporations or their
subsidiaries, during his term without forfeiting his seat. Neither shall be
appointed to any office which may have been created or the emoluments thereof
increased during the term for which he was elected. (Section 13)
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2. No Senator or Member of the House of Representatives may personally appear as
counsel before any court or justice or before the Electoral Tribunals or quasi-
judicial and other administrative bodies. Neither shall he, directly or indirectly,
be interested financially in any contract with or in any franchise or special
privilege granted by the government or any government owned or controlled
corporation, or its subsidiary, during his term of office. He shall not intervene in
any matter before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office. (Section 14)
Every member of Congress is entitled to the privilege from arrest while Congress is
in session, whether or not he is attending session. Congress is considered session,
regular or special for as long as it has not adjourned. Like the guarantee of freedom
of speech or debate, this privilege is intended to enable members of Congress to
discharge their functions adequately and without fear.
The offense by reason of which arrest is made is punishable by more than six years
imprisonment. In this case, the seriousness of the offense does not justify the grant
of the privilege; and Congress is no longer in session. In such case, the reason of
the privilege does not obtain. The privilege is a personal one and may be waived.
Citizens or the state are still entitled to lodge and pursue criminal complaints against
lawmakers, as in the case of Nueva Ecija Representative Nicanor De Guzman, who
was convicted by the courts of gun smuggling.
As for infractions that are not exactly in the ambit of common crimes but are not
grave enough to warrant a complaint against and possible sanctions on the
lawmaker, there are the respective ethics committees of both Houses. All one has to
do is file a letter of complaint with the secretariat (Senate secretary or House
secretary general) of either chamber or with the ethics committee itself. The
complaint must be verifiable – i.e. the committee must be able to ascertain the
identity of the person who filed the complaint. As a rule, anonymous complaints are
thrown out, but if a person or group comes forward to support of corroborate the
charges, then there is hope of salvaging the complaint.
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Privilege speeches may be about any topic and in any form – a tribute, an expose, a
denunciation. But most of the time, a privilege speech seeks to bring out into the
open some controversy, scandal or expose. Such speech or information s referred
by the chamber to the appropriate committee and becomes yet another basis for a
congressional investigation.
All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business
interests. They shall notify the House concerned of a potential conflict of
interest that may arise from the filing of a proposed legislation of which they
are authors. (Section 12)
The Comprehensive Agrarian Reform Law (CARL) is hailed by those who crafted it as
a landmark piece of legislation. Yet it was a measure that came close to being
thrown out or made totally ineffective. Even now, not one sector affected by the law
can claim total satisfaction with its provisions, much less with its eventual
implementation. A close look at the forces involved in the crafting of the law would
explain why. The Congress that passed CARL – as well as the President who signed
it – was made up of political leaders with vast interests in agriculture. The same
composition would characterize the Ninth Congress, which, several years after CARL
was approved, provided for the additional exemption of a large portion of agricultural
lands, including fishponds and prawn farms, from the coverage of the law.
Several members of the Ninth Congress filed bills that could benefit their interest:
1. Twenty seven Mindanao representatives led by Davao City Rep. Manuel Garcia
filed House Bill 1967 providing for the suspension of agrarian reform in Mindanao
until 2020.
2. Ilocos Sur Governor Eric Singson filed House Bill 5074, which sought to allow
locally made cigarettes with foreign brand names to be exported and also
provided tax rebates for tobacco manufacturers and traders. Singson’s wife,
Candon Mayor Grace Singson, ran a tobacco trading and hauling business.
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3. Sugar planter Romeo Guanzon of Negros Occidental filed House Bill 628, which
provided for the importation of cheap foreign sugar, except in actual shortage, in
which case only sugar planters and millers would be authorized to import.
House leaders had a good explanation why there was no violation of the conflict o
interest rule by the said lawmakers. The then Ethics Committee Chairman, Rep. Yulo
asserted there was conflict of interest if the bills benefited not only the congressmen
but also the constituents.
Each House may determine the rules of its proceedings punish its members
for disorderly behavior and with the concurrence of two thirds of all its
members, suspend or expel a member. A penalty of suspension, when
imposed, shall not exceed sixty days. (Section 16)
To suspend or expel a member, the concurrence of two thirds of all the members of
each House is necessary. If the penalty is suspension, this shall not exceed 60 days.
Each House has no power to suspend a member for an indefinite period of time. An
indefinite suspension is considered worse than expulsion in the sense that in the
former, a vacancy does not arise and consequently, the people are deprived of the
opportunity to elect a replacement for the period of suspension.
Making laws is the principal function of Congress, but sometimes this is eclipsed by
the lawmakers more high profile tasks of investigating those who they think are
breaking laws. Strictly speaking, Congress conducts inquiries or investigations for
the purpose of crafting specific laws, which is why these are called “inquiries in aid of
legislation”.
But it is very easy for a lawmaker to look for some legislative pretext to investigate
something, which is why congressional committees seem to investigate just about
anything under the sun. And if that topic or issue happened to be very much in the
news, there is no doubt that a congressional investigation would soon follow.
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or anomalies involving government or its officials. Sometimes, at the instance of its
chairman, the committee motu propio (on its own) conducts an inquiry on a topic or
matter that falls under its mandate and jurisdiction.
With a mixed membership partly taken from the Supreme Court and partly from the
House concerned, an independent body of sufficient stature “invested with a
measure of judicial temper” and free from the control of political parties is created to
insure a fair and impartial determination of election contests involving the right to
legislative seats. The system also enables Congress to concentrate on its proper
function which is lawmaking, rather than spend part of its time adjudicating election
contests.
2. The Chairman of the Commission shall not vote except in case of a tie.
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by its own members or other lawmakers that they represent. Among the officials
that will have to go through the CA are cabinet secretaries with portfolio
(department), officers of constitutional bodies, ambassadors and other ranking
officials of the Foreign Service and military officers from the rank of colonel up.
The CA would subject the nominee to intense grilling at the committee level. Before
the actual confirmation process at the plenary level, a series of hearings is held by
the pertinent CA committees. Here, the appointees face questions from CA
members, from his or her professional qualifications to his or her personal
circumstances. Miriam Defensor Santiago was one of those who had a tough time at
the committee level, as President Aquino’s agrarian reform secretary nominee.
Although it was the House bloc that strongly opposed to her appointment, it was
Senator Juan Ponce Enrile who delivered the biggest blow to her confirmation
chances. Enrile dug up Santiago’s medical records to show that she once had a
nervous breakdown.
By passing the nominee: Under the CA rules, the appointee must be confirmed by
the plenary before congress goes on a break. Otherwise, he or she must be re-
appointed by the President. Otherwise, he or she must be reappointed by the
President. Repeated bypassing of the nominee is usually a sign of strong objection
to the nomination.
Either the appointee resigns to avoid further humiliation, or the appointing power
withdraws the nomination or does not reappoint the nominee.
Pork barrel goes by many fancy names: Country Wide Development Fund (CDF),
Congressional Initiative Allocation (CIA) and lately, Priority Development Assistance
Fund (PDAF). CDF was the first form of pork barrel in the post EDSA Congress. It is
a fixed fund specifically allotted to each lawmaker to enable him or her to finance an
infrastructure project either within his or her district or anywhere else in the country,
in a given budget year. The project may be a road, a school, or a livelihood
program. The last time it was made available to lawmakers, in 1997 to 1998, it
amounted to P200 million per senator and P65 million per Congressman.
The CIA is an improvement on the CDF that it gives back to the executive
department the prerogative to draw up projects and programs for funding by a
lawmaker’s pork barrel. From the budget of an executive office, lawmakers are
entitled to identify a project that he would like that office to finance. But unlike the
CDF, the CIA amount varies, depending on the lawmaker’s political power. A
lawmaker who is good at lobbying with cabinet secretaries can rack up billions of
pesos’ worth of government projects.
In the ninth Congress, Gloria Macapagal Arroyo, a first term senator, surprised her
veteran colleagues by managing – quietly but cleverly – to identify a couple of billion
pesos in congressional insertions, the name by which the CIA was known at that
time. Admiring and envious at that same time, Arroyo’s fellow senators were
naturally curious as to how and where the neophyte learned such a trick of the trade.
A veteran senator said that it turns out that Arroyo picked up a few lessons from her
father, the late President Diosdado Macapagal, a former Congressman who was an
expert at using the national budget to expand his political clout.
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PDAF replaced the CDF during the 11th Congress and remains in place as of the 2003
budget. It is a much smaller amount than the CDF, about half the amount per
estimates by congressional staff. But the shortfall is said to be offset by increased
CIA insertions.
The general belief in and out of political circles is some lawmakers do make money
on pork barrel funded projects, via some circuitous but very plausible scheme. It
has a lot to do with the way bidding rules and government offices are set up. Under
the law, the Department of Public Work and Highways (DPWH) is the sole agency
tasked with implementing pork barrel funded infrastructure. But since the DPWH
cannot physically cope with the construction of all these roads and bridges, not to
mention barangay halls, basketball courts and waiting sheds, it bids out the projects
to private contractors. The bidding s undertaken by DPWH offices in the areas
concerned and, if talk is to be believed, this is where deals are supposedly made.
Congressional staffers familiar with the process say it is easy to rig the bidding
process, upon the instance of the lawmaker or his representative of course, to favor
a certain contractor. It is easy to figure out what happens from there.
So is the pork barrel a bad thing? Lawmakers would definitely say no. For many of
their constituents, it is the most tangible thing they can ever get from their elected
officials. Areas too remote to be reached by the national government are served by
bridges, roads, or basketball courts, courtesy of a lawmaker’s pork barrel. The CDF,
CIA and PDAF fund projects that national level agencies often overlook – whether
these are computers for a state college or a solid waste management program for a
community. Senator Wigberto Tanada said that pork barrel allotments ensure that
everyone in Congress, not just those who have influence and clout, are given their
fair share of development funds for their constituents and districts.
The party list law is a bill passed by Congress in 1995, Republic Act 7941. Its first
implementation is to be held on May 11, 1998, simultaneous with the 1998 national
and local elections.
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regional and sectoral parties, or organizations or coalitions thereof registered with
the Commission on Elections.
In the party list system, no single party may hold more than three (3) party list
seats. Bigger parties which traditionally will dominate elections cannot corner all the
seats and crowd out the smaller parties because of this maximum ceiling. This
system shall pave the way for smaller political parties to also win in the House of
Representatives.
Party list representatives are considered elected members of the House and as such
entitled to the same deliberative rights, salaries and emoluments as the regular
members of the House. They shall serve for a term or three (3) years with a
maximum of three (3) consecutive years.
SEATS AVAILABLE UNDER THE PARTY LIST SYSTEM: Twenty percent (20%) of the
total membership in the House of Representatives is reserved for party list
representatives for every four (4) legislative district representatives. For 1998, there
will be fifty two (52) seats for sectoral representatives.
NUMBER OF VOTES FOR A PARTY LIST SEAT: A party should obtain at least 2% of
the total votes cast for the party list system nationwide in order to be allocated with
one seat; 4% for two seats; and 6% for three seats in Congress.
NOMINEES: A party shall, at least 90 days before the election, submit to Comelec a
list of five (5) nominees to represent said party. Once the party obtains the required
35
number of votes the Comelec shall proclaim the party list representatives according
to their ranking in the list of nominees submitted to Comelec.
An appropriations bill is one or the primary and specific aim of which is to make
appropriations of money from the public treasury. A bill of general legislation which
carries an appropriation as an incident thereto to carry out its primary and specific
purpose is not an appropriations bill.
1. Annual or General Appropriations-they set aside the annual expenses for the
general operation of the government. The general appropriations bill is more
popularly known as the budget.
2. Special or supplemental appropriation-they include all appropriations not
contained in the budget. They are designed to supplement the general
appropriations.
3. Specific appropriation-one that sets aside a named sum of money for the
payment of a particular expense
4. Continuing appropriation-one which provides a definite sum to be always
available from year to year, without the necessity of further legislative action, for
the purpose appropriated even after the original amount shall have been fully
spent.
Types of bills:
1. Revenue bill: one of the primary and specific purpose of which is to raise revenue
36
2. Tariff bill: it imposes customs duties for revenue purposes. A bill imposing high
tariff rates on certain imported articles to protect local industries against
competition.
3. Bill authorizing increase of the public debt-one which creates public indebtedness
such as a bill providing for the issuance of bonds and other forms of obligations.
Such bonds are to be paid with the proceeds to be derived from taxation and
other sources of government revenue.
4. Bill of local application-one affecting purely local or municipal concerns like one
creating a city or municipality or changing its name.
5. Private bill-one affecting purely private interests, such as one granting a
franchise to a person or corporation or compensation to a person for damages
suffered by him for which the government considers itself liable.
If by the end of any fiscal year, the Congress shall have failed to pass
the general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed
reenacted and shall remain in force and in effect until the general
appropriations bill is passed by Congress.
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The main objective of the restrictions contained in the section is to do away with
riders. A rider is a provision or enactment inserted in the general appropriations bill
which does not relate to some particular appropriation therein. A provision, for
instance, in the general appropriations law “prohibiting government officers and
employees to do private work” or referring to the “calling to active duty and the
reversion to inactive status of reserve officers” is a rider, as it has no direct
connection with any definite item of appropriation in the law.
Such provision shall be of no effect. The objective of the Constitution is not only to
prevent the general appropriations bill from being used as a vehicle which
controversial legislative matters may be enacted into law without due consideration,
but also to facilitate the enactment of such an important law that will set the
government machinery in motion.
The Congress may, by law, authorize the President to fix within specified limits and
subject to such limitations and restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other duties or imports within the
framework of the national development program of the Government.
Uniformity in taxation means that all taxable articles or properties of the same class
shall be taxed at the same rate. Different articles (or other subjects, like
transactions, business, rights, etc) may therefore be taxed at different rates or
amounts provided that the rate (not necessarily the amount) is the same on the
same class everywhere. Uniformity implies equality in burden, not equality in
amount. The reason for the rule of uniformity in taxation is that not all persons,
properties or transactions are identical or similarly situated. The classification of the
subjects of taxation must be based on reasonable and substantial grounds.
The concept of equity in taxation requires that such apportionment be more or less
just in the light of the taxpayer’s ability to shoulder the tax burden (usually
measured in terms of the size of wealth or property and income, gross or net) and if
warranted (in certain cases, like the tax on gasoline), on the basis of the benefits he
receives from government.
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How a bill becomes a law:
After favorable action of the Senate After favorable action of the House
Committee – the bill is forwarded to Senate Committee – the bill is forwarded to House
Committee on Rules – calendars the bill for Committee on Rules – calendars the bill for
floor discussion floor discussion
Approval after third reading – the bill is Approval after third reading – the bill is
transmitted to the House of Representative transmitted to the Senate
After the conference committee has concluded its work, the reconciled
version of the bill is sent to the President for its final promulgation.
If the legislative bill is vetoed by the President (sent back to the House of
Representative or Senate), the veto can be overridden by 2/3 vote in the
Senate and House. If the President to act within 30 days after the bill was
received it becomes a law.
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Article 7
The Executive Department
Executive power has been defined as the power to administer laws, which means
carrying them into practical operation and enforcing their due observance. The laws
include the Constitution, statutes enacted by Congress, decrees (issued under the
1973 Constitution) and executive orders of the President and decisions of courts.
Executive power is vested in the hands of the President. The President is the chief
executive, head of state and commander in chief of the Armed Forces of the
Philippines. Running for President entails at least 3 billion pesos, according to some
campaign managers. Why then, one must wonder, would a person squander that
much to vie for a position that pays a measly salary of P50,000 a month.
The answer lies chiefly with the powers that come in occupying the highest position
of the land. The President forms a Cabinet to assist him/her in running the affairs of
the state. The President executes laws through executive departments, bureaus,
and offices whose heads serves as the President’s alter egos and exercises general
supervision over local governments.
Section 1: The executive power shall be vested in the President of the Philippines
1. The President is elected by direct vote of the people in a regular election held on
the second Monday of May.
2. The returns of every election for President and Vice President duly certified by the
Board of Canvassers of each province or city shall be transmitted to Congress
and will be directed to the Senate President.
3. Upon receipt of the certificates of canvass, the President of the Senate shall, not
later than thirty days after the election, open all the certificates in the presence
of the Senate and House of Representatives in joint public session
4. Congress after determining the authenticity of the certificates shall canvass the
votes
5. The person having the highest number of votes shall be proclaimed elected, but
in case two or more shall have an equal and highest number of votes, one of
them shall forthwith be chosen by the vote of a majority of all Members of both
Houses of Congress, voting separately.
6. The Supreme Court, sitting en banc, shall be the sole judge of all contests
relating to the election, returns, and qualifications of the President or Vice
President, and may promulgate its rules for the purpose.
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The term of the President: (Section 4)
1. The President is elected for one term – six years: it begins at noon on June 30
following the day of the election and ends on June 30 six years thereafter
2. The President shall not be eligible for any re-election
3. The President’s successor is disqualified to run for the Presidency if he or she has
served as President or more than four years
1. The Vice President shall have the same qualifications and term of office and be
elected with and in the same manner as the President. The Vice President can be
removed from office in the same manner as the President. (Section 3)
2. The Vice-President may be appointed as a Member of the Cabinet. Such
appointment requires no confirmation. (Section 3)
3. No Vice President shall serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
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interruption in the continuity of the service for a full term for which he was
elected. (Section 4)
4. If the President-elect fails to qualify, the Vice President elect shall act as
President until the President-elect shall have qualified. (Section 7)
5. If a President shall not have been chosen, the Vice President elect shall act as
President until a President shall have been chosen and qualified. (Section 7)
6. If at the beginning of the term of the President, the President elect shall have
died or shall have become permanently disabled, the Vice President elect shall
become President. (Section 7)
The President shall nominate a Vice President from among the Members of the
Senate and the House of Representatives who shall assume office upon confirmation
by a majority vote of all the Members of both Houses of the Congress, voting
separately. (Section 9)
1. The President, the Vice President, the Members of the Cabinet and their deputies
or assistants shall not hold any other office or employment during their tenure. They
shall not, during said tenure, directly or indirectly practice any other profession,
participate in any business, or be financially interested in any contract with, or in any
franchise, or special privilege granted by the government. They shall strictly avoid
conflict of interest in the conduct of their office. (Section 13)
The purpose of the prohibition is to insure that the officials will devote their
full time and attention to their official duties, prevent them from extending
favors to their own private business which comes under their official
jurisdiction and assure the public that they will be faithful and dedicated in
the performance of their functions. Similar restrictions apply to the
Members of Congress (Article VI, section 13 to 14) and of the Constitutional
Commissions (Article IX, A-section 2) and the TanodBayan and his deputies
(Article XI, Section 8). The Constitution seeks to stop the practice in the
past when the President appointed his wife, children and many of their close
relatives to high positions in the government.
3. Two months immediately before the next presidential elections and up to the end
of his term, a President or acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety. (Section 15)
1. Whenever the President transmit to the President of the Senate and the Speaker
of the House of Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he transmits to them a
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written declaration to the contrary, such powers and duties shall be discharged
by the Vice President as the acting Vice President. (Section 11)
2. When a majority of all the Members of the Cabinet transmit to the Senate
President and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of his
office, the Vice President shall immediately assume the powers and duties of the
office as Acting President. (Section 11)
3. Thereafter, when the President transmits to the Senate President and to the
Speaker of the House of Representatives his written declaration that no inability
exists, the President shall reassume the powers and duties of his office. (Section
11)
4. Meanwhile, should a majority of all the members of the cabinet transmit within
five days to the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable to discharge
the powers and duties of his office, the Congress shall convene, if it is not in
session, within forty eight hours, in accordance with its rules and without need of
call. (Section 11)
5. If Congress, within ten days after receipt of the last written declaration, or if not
is session, within twelve days after it is required to assemble, determines by a
two thirds votes of both Houses, voting separately, that the President is unable to
discharge the powers and duties of his office, the Vice President shall act as
President; otherwise, the President shall continue exercising the powers and
duties of his office. (Section 11)
In case of serious illness of the President, the public shall be informed of the state of
his/her health. The members of the Cabinet in charge of national security and
foreign relations and the Chief of Staff of the Armed Forces of the Philippines shall
not be denied access to the President during such illness.
To safeguard the interest of the nation, particularly during critical times, the
Constitution declares that cabinet members in charge of national security
and foreign relations and the Chief of Staff shall not be denied access to the
President during such illness.
1. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors,
other public ministers and consuls, or officers of the armed forces from the rank
of colonel or naval captain and other officers.
2. The President shall appoint all other officers of the government whose
appointments are not otherwise provided for by law and those of whom the
President may be authorized by law to appoint. The Congress may by law, vest
the appointment of other officers lower in rank in the President alone, in the
courts or in the hands of departments, agencies, commissions or boards.
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3. The President shall have the power to make appointments during the recess of
the Congress, whether voluntary or compulsory, but such appointments shall be
effective only until disapproval by the Commission on Appointments or until the
next adjournment of Congress.
The President has the appointive power over all members of the career executive
service from the rank of provincial director or department service chief up. The
President can appoint ambassadors, military officers from colonel up, justices of
various courts and a whole slew of assorted functionaries. According to the Career
Executive Service Board (CESB), the President has the power to name people to
3,175 career executive positions in various government departments and agencies.
In addition, 2,488 positions in 60 Government Owned and Controlled Corporations
(GOCCs) are subject to presidential approval. For example, at the Social Security
System (SSS), which administers billions of pesos of employee contributions, the
President has discretion over 229 posts.
The misuse of power to appoint is most obvious because appointments are so public
and the appointees are rarely shy about waving about their new credentials.
President Aquino used it to appoint relatives and friends, including her dentist and
her dermatologist who were named to the University of the Philippines board of
Regents. President Aquino also got carried away with the appointments, sometimes
naming as many as seven undersecretaries for one department that Congress
eventually passed a law limiting the number of undersecretaries and assistant
secretaries to only three per department.
President Ramos appointed many former military officers to crucial posts that he was
criticized for militarizing the bureaucracy. He also created positions for favored
friends, among them Justiniano Montano IV, for whom the post of deputy manager
for special projects of the Public Estates Authority (PEA) was specially created.
Montano would later play a prominent role in the PEA AMARI land scandal, which
involved billions of pesos in payoffs to various officials in connection with the sale of
PEA property to a Thai real estate tycoon.
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1. Permanent: one, which is issued to a person who meets all the requirements for
the position to which, he is appointed; it lasts until it is lawfully terminated. The
holder of such appointment cannot be removed except for only for cause.
2. Temporary or acting: one which is issued to a person who meets all the
requirements for the position to which he is being appointed except the
appropriate civil service eligibility; it shall not exceed 12 months, but the
appointee may be replaced sooner if a qualified civil service eligible becomes
available. The holder of such appointment may be removed any time without a
hearing or cause.
The President shall have control of all executive departments, bureaus and offices.
He shall ensure that the laws be faithfully executed.
1. The power of appointment: with which the President may choose men of
competence and confidence
2. The power of removal: with which the President may weed out incapable and
dishonest officials.
1. The President is the Commander in Chief of the Armed Forces of the Philippines
and whenever it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion.
2. In case of invasion or rebellion, when the public safety requires it, the President
may for a period not exceeding sixty days suspend the privilege of the writ of
habeas corpus or place the Philippines or any part under martial law.
3. Within forty eight hours from the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus, the President shall submit a report in
person or in writing to the Congress. The Congress voting jointly, by a vote of
at least a majority of all its members in regular or special session may revoke
such proclamation or suspension, which revocation shall not set aside by the
President.
4. Upon the initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public safety requires it.
5. The Congress, if not in session, shall, within twenty four hours following such
proclamation or suspension, convene in accordance with its rules without need of
a call.
6. The Supreme Court may review, in an appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the proclamation of martial law or the
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suspension of the privilege of the writ or the extension thereof and must
promulgate its decision thereon within thirty days fm its filing.
7. A state of martial law does not suspend the operation of the Constitution, nor
supplant the functioning of the civil courts or legislative assemblies, nor authorize
the conferment of jurisdiction on military courts and agencies over civilian courts
are able to function.
8. The suspension of the privilege of the writ shall apply only to persons judicially
charged for rebellion or offenses inherent in or directly connected to invasion.
During the suspension of the privilege of the writ, any person thus arrested or
detained shall be judicially charged within three days, otherwise he shall be released.
Pardon has been defined as an act of grace proceeding from the power
entrusted with the execution of the laws (President) that exempts the
individual on whom it is bestowed, from the punishment the law inflicts for a
crime he/she has committed.
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judicial notice thereof, while amnesty by proclamation of the President with the
concurrence of Congress is a public act of which the court will take notice.
To ensure that laws are faithfully executed, the President issues executive orders,
administrative orders, proclamations, memorandum orders, memorandum circulars
and general or special orders.
Proclamations, which have the force of an Executive Order, contain acts of the
President fixing a date or declaring a status or condition of public interest, upon
which the operation of a specific law or regulation is made to depend. President
Arroyo’s proclamation of a state of rebellion twice – following the May 1, 2001
rampage of Estrada supporters and the July 27, 2003 mutiny of soldiers – has been
criticized as a de facto declaration of martial law as the proclamations allow
authorities to effect warrant-less arrests.
The President can veto (the power of the President to disapprove laws made by
Congress) laws made by Congress. This power however has its limitation as
Congress can counteract the veto power through a two thirds vote by the Senate and
House of Representatives. If the President does not veto or sign the proposed
legislation after thirty days after it was submitted, then it automatically becomes a
law – also known as pocket veto.
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2. To direct the Solicitor General to institute expropriation proceedings in court or
reversion proceedings over property transferred to persons disqualified under the
Constitution from acquiring land
3. To reserve land of the public domain for settlement or public sale, as well as stop
the sale of any land belonging to the government’s private domain or any friar
land
4. To direct the Solicitor General to institute proceedings to recover ill-gotten wealth
of government officials and employees
5. To deport foreigners or change the status of non immigrants
Theories of Leadership:
Styles of leadership:
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The Judicial Branch of Government
The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law. (Section 1)
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights, which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of the government.
Judicial power is the power to apply the laws to contests or disputes concerning
legally recognized rights or duties between states and private persons, or between
individual litigants in cases properly brought before the judicial tribunals.
Regular Courts:
a) Court of Appeals-which operates n 23 divisions each comprising
three members. The court sits en banc only to exercise
administrative, ceremonial or other non-adjudicatory functions.
B) Regional Trial Court presided by 720 Regional Trial Judges in each
of the thirteen (13) regions of the country.
C) Metropolitan Trial Court in each metropolitan area established by
law; a Municipal Trial Court in every city not forming part of a
metropolitan area and in each of the municipalities not comprised
within a metropolitan area and a municipal circuit trial court
comprising one or more municipalities grouped together according to
law.
Special Courts:
A) Sandiganbayan-now with 15 justices headed by a presiding justice
which operates in five divisions each comprising three members was
created by Presidential decree no. 1606.
b) The Court of Tax Appeals-to review on all appeal decisions of the
Commissioner of Internal Revenue involving internal revenue taxes
and decisions of the Commissioner of Customs involving customs
duties
At the first or lower tier are the Metropolitan Trial Courts (METC), Municipal Trial
Courts (MTC) and Municipal Circuit Trial Court (MCTC). METCs are located in Metro
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Manila while MTCs are situated outside the country’s metropolitan capital. In theory,
there should be an MTC for each municipality, but there are cases where two or more
municipalities are grouped into a circuit and covered by the MCTC.
Where the crime was committed or the official address of the plaintiff or the one
filing the case, in civil suits determines the location of the court that will handle the
case. The amount of money involved or the jail term are also among the deciding
factors on which goes where.
Cases filed with first level courts include those involving violations of city or
municipal ordinances, as well as offenses that are punishable with imprisonment not
exceeding more than six years or a fine or not more than P4,000. But a charge that
carries a fine of not more than P20,000 can be tried in these courts of the case
involves damage to property arising from criminal negligence. Cases involving
bouncing checks are also filed before first level courts.
Civil proceedings that involve a demand or property valued at not more than
P100,000 fall within the jurisdiction of MTCs as well, while METCs accept those
involving amounts not exceeding P200,000.
Criminal cases that carry higher fines or longer jail terms go to the Regional Trial
Courts (RTC). So do civil proceedings where the value of the subject of litigation
cannot be assessed or of the demand involved is more than the maximum accepted
by the first level courts. RTCs also act as appellate courts; they handle the appeals
of litigants dissatisfied with the decisions handed down by the lower courts. In
addition, they are the designated courts for actions affecting ambassadors, consuls
and other public ministers.
The Congress shall have the power to define, prescribe and apportion
the jurisdiction of the various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in section 5 hereof. No
law shall be passed reorganizing the judiciary when it undermines the
security of tenure of its members. (Section 2)
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The Judiciary shall enjoy fiscal autonomy. Appropriations for the
judiciary may not be reduced by the legislature below the amount
appropriated for the previous year and, after approval, shall be
automatically and regularly released. (Section 3)
1. Congress may not deprive the Supreme Court of the constitutional powers
granted to it
2. Congress cannot prescribe the manner in which the Supreme Court should sit and
determine the number of Justices composing the court.
3. The Supreme Court is given the authority to appoint all officials and employees of
the judiciary
4. The members of the Supreme Court and judges of lower courts enjoy security of
tenure
5. Their salaries cannot be decreased during the continuance in office
6. The members of the Supreme Court can only be removed through the difficult
process of impeachment
7. The judiciary enjoys fiscal autonomy
The Constitution takes into account that fact that the administration of justice, in the
past, has always been at the bottom list of priorities in government budgetary
appropriations. The prohibition against reduction by Congress of the appropriations
for the judiciary below the amounts appropriated for the previous year assures, at
least that the minimal funding requirements of the judiciary will be met.
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2. Review, revise, reverse, modify or affirm on appeal or certiorari as the law or
Rules of Court may provide, final judgments and orders of lower courts in:
all cases in which the constitutionality or validity of any treaty, international
or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question;
all cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto;
all cases in which the jurisdiction of any lower court is in issue;
all criminal cases in which the penalty imposed is reclusion perpetua or
higher; and
all cases in which only an error or question of law is involved.
3. Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment shall not exceed six months without the
consent of the judge concerned
6. Appoint all officials and employees of the judiciary in accordance with the Civil
Service law
7. To have administrative supervision over all courts and their personnel (Section 6)
8. To be the sole judge in all contests relating to the election, returns and
qualifications of the President or Vice President
9. To review the sufficiency of the factual basis of the proclamation of Martial Law or
the suspension of the writ of Habeas Corpus
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of the Philippines, a professor of law, retired Member of the Supreme
Court and a representative of the private sector. (Section 8)
The Council shall have the principal function of recommending appointees to the
Judiciary. It may be exercise such other functions and duties as the Supreme Court
may assign to it.
The regular members of the Council shall be appointed by the President for a term of
four years with the consent of the Commission on Appointments. Of the Members
first appointed, the representative of the Integrated Bar shall serve for four years,
the professor of law for three years, the retired Justice for two years and the
representative of the private sector for one year. The Clerk of the Supreme Court
shall be the Secretary ex officio of the Council and shall keep a record of its
proceedings. The regular Members of the Council shall receive such emoluments as
may be determined by the Supreme Court. The Supreme Court shall provide in its
annual budget the appropriations for the Council.
The Members of the Supreme Court and judges of lower courts shall
be appointed by the President from a list of at least three nominees
prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation. For the lower courts, the
President shall issue the appointments within ninety days from the
submission of the list. (Section 9)
The Members of the Supreme Court and judges of lower courts shall
hold office during good behavior until they reach the age of seventy
years or become incapacitated to discharge their duties of their office.
(Section 11)
The Supreme Court en banc shall have the power to discipline judges
of the lower courts, or order their dismissal by a vote of majority of
the Members who actually took part in the deliberations on the issues
in the cases and voted thereon. (Section 11)
Such designation violates the doctrine of separation of powers between the judicial
and executive branches of the government. It may compromise the independence of
the members in the performance of their judicial functions. With so many cases
pending in courts, the practice will result in further delay in their disposition. The
Supreme Court and the Court of Appeals particularly, which are already burdened
with heavy load of cases, could never reduce, much less eliminate, the backlog in
their dockets if their members could be assigned to non-judicial agencies.
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Decisions of the Supreme Court:
Every decision of a court shall clearly and distinctly state the facts and the law on
which it is based. The standard expected of the judiciary is that the decision
rendered makes clear why either party prevailed under the law applicable to the
facts established.
All cases or matters filed under the effectivity of this Constitution must
be decided or resolved within twenty four months from date of
submission for the Supreme Court, twelve months for all lower
collegiate courts and three months for all other lower courts. (Section
15)
A case or matter shall be deemed submitted for decision or resolution upon the filing
of the last pleading, brief or memorandum required by the Rules of Court or by the
court itself. Upon the expiration of the corresponding period, a certification to this
effect signed by the Chief Justice or the presiding judge shall forth with be issued
and a copy thereof attached to the record of the case or matter and served upon the
parties. The certification shall state why a decision or resolution has not been
rendered or issued within said period.
Despite the expiration of the applicable mandatory period, the court, without
prejudice to such responsibility as may have been incurred in consequence thereof,
shall decide or resolve the case or matter submitted thereto for determination,
without further delay.
Public office is public trust. Public officers and employees must at all
times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty and efficiency, act with patriotism and
justice and lead modest lives. (Section 1)
Public office is the right, authority and duty created and conferred by law by which,
for a given period either fixed by law or enduring at the pleasure of the appointing
power, an individual is invested with some portion of the sovereign functions of the
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government to be exercised by him for the benefit of the public. The individual so
invested is a public officer. Section 1 enunciates the principle of public
accountability. It sets down in unequivocal terms the mandate that all government
officials and employees, whether they are the highest in the land or the lowliest
public servants, shall at all times be answerable for their misconduct to the people
from whom the government derives its powers.
Betrayal of public trust: It will cover any violation of the oath of office involving the
loss of popular support even if the violation may not amount to a criminal offense.
Its inclusion is more of a reaction to past experience than an exercise in logic. It
was the consensus in the Constitutional Commission that culpable violations of the
Constitution, the main ground for impeachment, would hardly prosper in Congress
even against an unpopular President. Official misdeeds, even of great magnitude
(election fraud, ill gotten wealth) are sometimes deemed outside of the coverage of
culpable violations of the Constitution. The new ground serves to stress the
desirableness of having a President who truly regards public office as a public trust.
1. The House of Representatives has the exclusive power to initiate all cases of
impeachment.
2. A verified complaint for impeachment may be filed by any Member of the House
of Representatives or by any citizen upon a resolution of endorsement by any
Member thereof, which shall be included in the Order of Business within ten
session days, and referred to the proper committee within three session days
thereafter.
3. The Committee, after hearing, and by a majority vote of all Members, shall
submit its report to the House within sixty session days from such referral,
together with the corresponding resolution. The resolution shall be calendared
for consideration by the House within ten session days from receipt.
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4. A vote of at least one third of all the Members of the House shall be necessary
either to affirm a favorable resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution. The vote of each Member shall be
recorded.
7. The Senate has the sole power to try and decide all cases of impeachment.
When sitting for the purpose, the Senators shall be on oath or affirmation.
8. When the President of the Philippines is on trial, the Chief Justice of the Supreme
Court shall preside, but shall not vote. No person shall be convicted without the
concurrence of two thirds of all Members of the Senate.
9. Judgment in cases of impeachment shall not extend further than removal from
office and disqualification to hold any office under the Republic of the Philippines,
but the party convicted shall nevertheless be liable and subject to prosecution,
trial and punishment according to law.
10. The Congress shall promulgate its rules on impeachment to effectively carry out
the purpose of this section.
Under Section 4, the SandiganBayan will continue to function and exercise its
jurisdiction over civil and criminal cases involving graft and corrupt practices and
such other offenses committed by public officers and employees in relation to their
offices.
The Ombudsman
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Personnel of the Ombudsman
1. Natural born citizens of the Philippines and at the time of their appointment
2. At least forty years old,
3. Of recognized probity and independence;
4. Members of the Philippine Bar;
5. Must not have been candidates for any elective office in the immediately
preceding election;
6. Must have for ten years of more been a judge or engaged in the practice of law in
the Philippines.
1. The Ombudsman and his Deputies shall be appointed by the President from a list
of at least six nominees prepared by the judicial and bar council, and from a list
of three nominees for every vacancy thereafter.
2. Such appointments shall require no confirmation.
3. All vacancies shall be filed within three months after they occur.
The Ombudsman and his Deputies shall serve for term of seven years
without reappointment. They shall not be qualified to run for any
office in the election immediately succeeding their cessation from
office. (Section 11)
The Ombudsman and his deputies as protectors of the people, shall act
promptly on complaints filed in any form or manner against public
officials or employees of the Government or any subdivision, agency,
or instrumentality thereof, including government-owned or controlled
corporations and shall in appropriate cases, notify the complainants of
the action taken and the result thereof.
1. Investigate on its own or on complaint by any person, any act or omission of any
public official, employee, office or agency, when such act or omission appears to
be illegal, unjust, improper or inefficient.
2. Direct, upon complaint or at its own instance, any public official or employee of
the government, or any subdivision, agency or instrumentality thereof, as well as
of any government owned or controlled corporation with original charter, to
perform and expedite any act or duty required by law, or to stop, prevent and
correct any abuse or impropriety in the performance of duties.
3. Direct the officer concerned to take appropriate action against a public official or
employee at fault and recommend his removal, suspension, demotion, fine,
censure or protection and ensure compliance therewith.
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4. Direct the officer concerned, in any appropriate case and subject to such
limitations as may be provided by law, to furnish it with copies of documents
relating to contracts or transactions entered into by his office involving the
disbursement or use of pubic funds or properties and report any irregularity to
the Commission on Audit for appropriate action.
5. Request any government agency for assistance and information necessary in the
discharge of its responsibilities and to examine, if necessary, pertinent records
and documents.
6. Publicize matters covered in investigation when circumstances so warrant and
with due prudence.
7. Determine the causes of inefficiency, red tape, mismanagement, fraud and
corruption in the government and make recommendations for their elimination
and the observance of high standards of ethics and efficiency.
8. Promulgate its rules of procedure and exercise such other powers or perform
such other functions or duties as may be provided by law.
In relation to the public, the Ombudsman makes himself available at such hour and
place reasonably convenient to the people, to receive such complaints, grievances,
and requests for assistance as may be submitted to him. The proceedings before the
Ombudsman, subject only to provisions of any later law are speedy, informal,
summary and at no cost to the complainant. On its own initiative or upon complaint
of any person, the Ombudsman may at or conduct investigations on the basis of
phone calls, letters or oral complaints, which in his discretion, deserves serious
consideration. Such service guarantees the Ombudsman’s accessibility even to those
in jail or in hospitals.
Unlike other courts, the Ombudsman cannot order any government office to reverse
its decision. He is simply a “watchdog”. If the Ombudsman were given the power to
reverse or amend administrative action, it would be more than a super-
administrative agency or a special court, and as such, it would conflict and render
useless other government agencies equipped with administrative procedures for
discipline.
Laches is the failure or neglect for an unreasonable and unexplained length of time
to assert a right or claim giving rise to the presumption that he has abandoned it and
making it unequitable to permit the right or claim to be enforced.
By prescription, a party having a cause of action (i.e. ground for which an action may
be brought) is precluded from enforcing his or her right or resorting to court for
redress for his failure to do so within a certain period of time fixed by law.
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Prohibition of Public Officials in securing loans:
The purpose is to prevent the officials mentioned from making use of their influence
to secure loan to benefit them. Note that the prohibition extends to any firm or
entity in which any of the officials mentioned has a controlling interest (at least
51%). It does not apply where the loan is not for nay business purpose (housing
loan) or is given to a firm in which he has no controlling interest, nor in any case,
after his tenure of office. In any of said situations, no conflict of interest is involved.
The purpose of the declaration is to determine the net worth of a public official or
employee at a given date or starting point (i.e. assumption of office), such that an
increase in net worth at a subsequent period if unreported and unexplained, taking
into account his known sources of income and reasonable allowance fro living and
expenses fro the period, give rise to the presumption that the increase represents ill
gotten wealth and/or untaxed income.
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