Philippine

Government
and the
Constitution

1
TABLE OF CONTENT

2
Introduction:

The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas) is the

constitution or supreme law of the Republic of the Philippines. Its final draft was
completed by the Constitutional Commission on October 12, 1986 and was
ratified by a nationwide plebiscite on February 2, 1987.
Three other constitutions have effectively governed the country in its history: the
1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom
Constitution. The earliest constitution establishing a "Philippine Republic," the
1899 Malolos Constitution, was never fully implemented throughout the
Philippines and did not establish a state that was internationally recognized, due
in great part to the impending American occupation during its adoption.
Ruling by decree during the early part of her tenure and as a president installed
via the People Power Revolution, President Corazon C. Aquino issued
Proclamation No. 3 on March 25, 1986 which abrogated many of the provisions
of the then 1973 Constitution adopted during the Marcos regime including the
unicameral legislature (the Batasang Pambansa), the office of Prime Minister,
and provisions which gave the President legislative powers. Often called the
"Freedom Constitution," this constitution was only intended as a temporary
constitution to ensure the freedom of the people and the return to democratic
rule. A constitutional assembly was soon called to draft a new constitution for the
country.
The Constitutional Commission was composed of fifty members appointed by
Aquino from varied backgrounds including several former members of the House
of Representatives, former justices of the Supreme Court, a Roman Catholic
bishop, and political activists against the Marcos regime. The Commission
elected Cecilia Muoz-Palma, a former Associate Justice of the Supreme Court,
as its president. Several issues were of particular contention during the
Commission's sessions, including the form of government to adopt, the abolition
of the death penalty, the retention of the U.S. bases in Clark and Subic, and the
integration of economic policies into the constitution. Lino Brocka, a film director
and political activist who was member of the Commission, walked out before the
constitution's completion, and two other delegates dissented from the final draft.
The Commission finished the final draft on October 12, 1986 and presented it to
Aquino on October 15. The constitution was ratified by a nationwide plebiscite on
February 2, 1987.

3
The nature and concept of politics

Politics is the exercise of power or authority, it is seen as a process of

collective decision-making, as the allocation of scarce resources, as an
arena of deception or manipulation. Politics is a social activity; it
develops out of diversity (the existence of range of opinions, wants,
needs or interests and said diversity is closely linked to the existence
of conflict. Politics is about decisions, collective decisions that are
binding upon a group of people.

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 the art of the possible: Politics is a means of resolving conflict by

compromise, conciliation, and negotiation, politics is seen as that solution to the
problem of order which chooses conciliation rather than violence and coercion.
Politicians themselves are typically held in low esteem because they are
perceived to be power-seeking hypocrites who conceal personal ambition behind
the rhetoric of public service and ideological conviction.

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

4
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.

Politics as a distinctive form of human activity, as it pervades every corner of

human existence. Politics is at the heart of all collective activity, formal and
informal, public and private, in all human groups, institutions and societies.
Politics thus arises out 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

5
as to be without conflict. Even if there is wide consensus on what the
communitys 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 Government and State

Government is that institution or aggregate of institutions by which an

independent society makes and carries out those rules of action which are
necessary to enable men to live in a social state or which are imposed upon the
people forming that society by those who possess the power or authority of
prescribing them.

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.

Government is the aggregate of authorities, which rules a society. The functions

of government are as follows: 1) delivery of goods and services; 2)
regulation/control behavior; 3) extraction of support; and 4) information and
communication.

Forms of government: As to the number of persons exercising sovereign powers

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.
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.

As to the extent of powers exercised by the central or national government:

6
1. Unitary Government: one in which the control of national and local affairs is
exercised by the central or national government
2. Federal Government: one in which the powers of government are divided
between two sets of organs, one for national affairs and the other for local
affairs, each organ being supreme within its own sphere.

As to the relationship between the executive and the legislative branches of

government:
1. Parliamentary: one in which the state confers upon the legislature the power
to terminate the tenure of office of the real executive. Under this system, the
cabinet or ministry is immediately and legally responsible to the legislature
and immediately or politically responsible to the electorate
2. Presidential-one in which the state makes the executive constitutionally
independent to the legislature as regards his tenure and to a large extent as
regards his policies and acts and furnishes him the necessary powers to
prevent the legislature from trenching upon the sphere marked out by the
constitution as executive independence and prerogative

State-is a community of persons more or less numerous, permanently occupying

a definite portion of territory, independent of external control and possessing an
organized government to which a great body of inhabitants render habitual
obedience. The government of a state may be overthrown but the state
remains. The state has four components and these are territory, sovereignty,
government and people.

Elements of the state:

1. People: refers to the mass of population living within the state. Without
people there can be no functionaries to govern and no subjects to be
governed. There is no requirement as to the number of people that should
compose a state. But it should be neither too small nor too large: small
enough to be well governed and large enough to be self-sufficing
2. Territory: it includes not only the land over which the jurisdiction of the state
extends, abut also the rivers and lakes therein, a certain area of sea which
adjoined upon its coasts and the air space above it.
3. Government: it refers to the agency through which the will of the state is
formulated, expressed and carried out. Government used to refer to the
person or aggregate of those persons in which hands are placed for the time
being the function of political control.
4. Sovereignty: defined as the supreme power of the state to command and
enforce obedience to its will from people within its jurisdiction and corollary
to have freedom from foreign control. It may be internal or the power of the
state to rule within its territory or external or the freedom of the state to
carry out its activities without subjection to or control by other states

7
Origins of the state:
1. The Divine Right theory: the state is of divine creation and the ruler is
ordained by God to govern the people. Reference has been made by
advocates of this theory to the laws which Moses received at Mt. Sinai
2. Necessity or force theory: it maintains that states must have been created
through force, by some great warriors who imposed their will upon the weak
3. Paternalistic theory: it attributes the origin of states to the enlargement of the
family which remained under the authority of the father or mother. By
natural stages, the family grew into a clan, then developed into a tribe which
broadened into a nation, the nation became a state
4. Social Contract theory: it asserts that early states must have been formed by
deliberate and voluntary compact among people to form a society and
organized government for their common good. This theory justifies the right
of the people to revolt against a bad ruler.

State distinguished from nation:

1. The state is a political concept, while nation is an ethnic concept. A nation is
a group of people bound together by certain characteristics such as common
origin, language, customs and traditions and who believe that they are one
and distinct from others.
2. The state is not subject to external control while a nation may or may not be
independent of external control
3. A single state may consist of one or more nations or peoples and conversely
a single nation may be made up of several states. The United States is a
melting pot of several nationalities, on the other hand, the Arab nation is
divided politically into several sovereign states among them are Egypt, Saudi
Arabia, Jordan, Syria, Lebanon

State distinguished from government:

1. The government is only the agency through which the sate expresses its will.
A state cannot without a government, but it is possible to have a government
without a state. Thus we had various governments at different periods of our
history.
2. A government may change, its form may change, but the state, as long as tis
essential elements are present, remains the same

Main concepts in Government:

Power to-the ability to achieve a desired outcome, power over-is thought of a

relationship of control by one person over another. Power is seen as the
capacity to make formal decisions, which are in some way binding upon others.

8
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 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 Concept of Governance:

Why the concern on governance?

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
publics 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.

9
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 states 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 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.

In governance, all of society is involved in managing public affairs. The state

continues to play the key role in enabling and facilitating the participation of
other elements of society. It is a strong entity that recognizes the significance

10
and autonomy of other sectors without overwhelming them. It works almost in
the background, creating an environment that enables and facilitates the market
and civil society to make their own creative and decisive contributions. The state
as an enabler provides the legal and regulatory framework and political order
within which firms and organizations can plan and act.

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.

Developing capacity for good governance should be a primary means of

eradicating poverty. Governance refers to the exercise of political, economic and
administrative authority in the management of a countrys affairs at all levels.
Governance comprises the complex mechanisms, processes and institutions,
through which citizens and groups anticipate their interests, mediate their
differences and exercise their legal rights and obligations. Good governance has
many attributes. It is participatory, transparent and accountable. It is effective
in making the best use of resources and is equitable and it penetrates the rule of
law.

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.

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.

11
2. Rule of Law: legal frameworks should be fair and enforced impartially,
particularly the laws on human rights. The establishment and persistence of
the rule of law depend on clear communication of the rules, indiscriminate
application, effective enforcement, predictable and legally enforceable
methods of changing the content of laws and a citizenry that perceives the
set of rules as fair, just or legitimate and that is willing to follow it.

3. Transparency: built on the free flow of information. Allows stakeholders to

gather information that may be critical to uncovering abuses and defending
their interests. Transparent systems have clear procedures for public
decision making and open channels of communication between stakeholders
and officials and make a wide range of information accessible.

4. Responsiveness: institutions and processes try to serve all stakeholders

5. Consensus orientation: good governance mediates differing interests to reach

a broad consensus on what is in the best interests of the group and where
possible, on policies and procedures.

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

12
by which these powers are distributed among several departments or branches
for their safe and useful exercise for the benefit of the people.

Other definitions of the Constitution:

The fundamental law of the land;
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.

Nature and function of Constitution:

1. Serves as the supreme or fundamental law -a constitution is the charter
creating the government. It has the status of supreme or fundamental law as
it speaks for the entire people from which it derives its claim to obedience. It
is binding on all individual citizens and all organs of the government.
2. Establishes basic framework and underlying principles of government -the
purpose of the constitution is to prescribe the permanent framework of the
system of government and to assign to the different departments or
branches, their respective powers and duties, and to establish certain basic
principles on which the government is founded.

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.

13
 THE PREAMBLE OF THE CONSTITUTION

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.

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 Constitutions 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.

14
 THE NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all

islands and waters embraced therein and all other territories over
which the Philippines has sovereignty and jurisdiction, consisting of
its terrestrial, fluvial, and aerial domains, including its territorial
sea, the sea bed, the subsoil, the insular shelves and other sub
marine areas. The waters around, between and connecting the
islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.

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.

15
 DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 1: The Philippines is a democratic and republican state.
Sovereignty resides in the people and all government authority emanates
from them.

A republican government is a democratic government by representatives chosen

by the people at large; it is considered as indirect rule. Sovereignty of the
people is exercised through suffrage and public officials. The section recognizes
that the people, as the ultimate judges of their destiny, can resort to revolution
as a matter of right.

Features of republicanism: 1) government based on popular sovereignty or

consent of the governed; 2) suffrage or franchise; 3) individual rights guaranteed
by the Bill of Rights in the Constitution.

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.

The right to revolution is implicit in republicanism. The democratic doctrine of

the right to revolution postulates that any people has the right to change or
abolish a government that does not secure for them their natural right to life,
liberty and the pursuit of happiness and to institute a new form of government
that secure these inherent rights. It recognizes the use of force after the
exhaustion of all peaceful means.

Section 2: The Philippines renounces war as an instrument of

national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation and amity
with all nations.

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.

16
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.

Section 3: Civilian authority is at all times, supreme over the

military. The Armed Forces of the Philippines is the protector of
the people and 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 constitutions 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
nations 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.

Section 4: The prime duty of the government is to serve and

protect the people. The government may call upon the people to
defend the state and in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal
military or civil service:

The government exists for the people and the defense of the country is one of
the citizens most important duties.

Section 5: The maintenance of peace and order, the protection of

life, liberty and property and the promotion of the general welfare
are essential for the enjoyment by all the people of the blessings of
democracy.

17
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.

Section 6: The separation of the church and state shall be

inviolable.

The principle simply means that the church is not to interfere in purely political
matters or temporal aspects of mans 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
Caesars and unto God the things that are Gods. 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

Section 7: The state shall pursue an independent foreign policy. In

its relations with other states the paramount consideration shall be
the national sovereignty, territorial integrity, national interest and
the right to self determination.

In the states pursuit of an independent foreign policy, the constitution is aware

of the unwelcome consequences of a policy characterized by excessive
dependence on another country. An independent foreign policy simply means
one that is not subordinate or subject to nor dependent upon the support of
another government.

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 countrys relations with other countries of a
foreign policy that revolves only on our relations with select members of the

18
international community and being a small developing country, we must make no
enemy of we can make a friend.

The Constitution recognizes that the pursuit of an independent foreign policy in

an interdependent world, new realities and new situations may require the
Philippines to make a reappraisal of the conduct of its foreign relations.
Independence in the making and conduct of foreign policy is relative. The
national interest will not be served by trying to deal with regional and
international issues in absolute terms. Ours must be a policy of flexibility and
pragmatism guided only by the welfare of our people and the security of the
Republic. In its relations with other states, the paramount consideration of the
Philippines shall be the national sovereignty, territorial interest and the right to
self determination.

Section 8: The Philippines, consistent with the national interests,

adopts and pursues a policy of freedom from nuclear weapons in
its territory.

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.

19
 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 constitutions 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 countrys
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.

20
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 womens participation in non-household and productive activities and
thus make them direct contributors to the countrys 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.

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.

21
 Section 18: The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their
welfare.

Section 19: The State shall develop a self-reliant and independent

national economy effectively controlled by Filipinos.

Section 20: The State recognizes the indispensable role of the

private sector encourages private enterprise and provides
incentives to needed investments.

The State is mandated to encourage private enterprise and provide incentives to

needed investments, whether local or foreign. The Constitution does not favor
an economy managed or controlled by the State. Under the principle of
subsidiary, adopted by the Constitution, the government should not engage in
particular business activities which can be competently and efficiently undertaken
by the private sector unless the latter is timid or does not want to enter into a
specific enterprise or industry.

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.

Section 21: The State promote comprehensive rural development

and agrarian reform

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.

Section 23: The State shall encourage non-government, community

based or sectoral organizations that promote the welfare of the
nation.

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

22
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 25: The State shall ensure the autonomy of local

governments.

Section 26: The State shall guarantee equal access to opportunities

for public service and prohibit political dynasties as may be defined
by law.

The constitutional policy on the prohibition of political dynasties expresses a

national commitment to democratize election and appointment to positions in the
government and eliminate a principal obstacle to equal access to opportunities
for public service.

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 prohibit political dynasties. Congress has
no discretion on the matter except merely to spell out the meaning and scope of
the term.

23
 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.

Section 28: Subject to reasonable conditions prescribed by law, the

State adopts and implements a policy of full public disclosure of all
its transactions involving public interest.

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.

THE BILL OF RIGHTS

The bill of rights may be defined as a declaration and enumeration of a persons

rights and privileges, which the Constitution is designed to protect against
violations by the government, or by an individual or, groups of individuals. It is a
charter of liberties for the individual and a limitation upon the power of the state.

Rights of the Individual in relation to the Rule of Law

The Due Process:

Section 1: No person shall be deprived of life, liberty or property

without due process of law, nor shall any person be denied the
equal protection of the laws.

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

24
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.

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.

On Search and Arrest Warrants:

Section 2: The right of the people to be secure in their persons,

houses, papers and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable
and no search warrant or warrant or arrest shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses he may produce and particularly describing the place to
be searched and the persons of things to be seized.

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.

Requisites for a valid search warrant or warrant of arrest:

1. It must be issued upon probable cause
2. The probable cause must be determined personally by the judge himself
3. Such determination of the existence of probable cause must be made after
the examination by the judge of the complainant and the witnesses he may
produce
4. The warrant must particularly describe the place to be searched and the
persons or things to be seized.

25
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:

1. When in his presence, the person to be arrested has committed, is actually

committing or is attempting to commit an offense;
2. When a person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily
confined while being transferred from one confinement to another;
3. When an offense has in fact just been committed, and he has personal
knowledge of the facts indicating that the person to be arrested has
committed it.

Rights of the Individual on Trial:

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.

Section 12: Any person under investigation for the commission of

an offense shall have the right to be informed of his right to be
informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the
presence of counsel.

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

26
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.

Section 14: No person shall be held to answer for a criminal offense

without due process of law. In all criminal prosecutions, the
accused shall be presumed innocent until the contrary is proved
and shall enjoy the right to be heard by himself and counsel, to be
informed of the of the nature and cause of the accusation against
him, to have speedy, impartial and public trial, to meet the
witnesses face to face, and to have compulsory process to secure
the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has
been duly notified and his failure to appear is unjustifiable.

This presumption of innocence is a guarantee that no person shall be convicted

of a crime except upon confessing or unless his guilt is established by proof
beyond reasonable doubt which is more than just a preponderance of evidence
sufficient to win a civil case. The burden of proof in a criminal proceeding is
upon the prosecution. Its evidence must be strong enough to convince the court
that the accused is clearly and unmistakably guilty, not because he cannot prove

27
that he is innocent, but because it has proved that the accused is guilty beyond
reasonable ground.

Section 15: The privilege of the writ of habeas corpus shall be

suspended except in cases of invasion or rebellion when the public
safety requires it.

The writ of habeas corpus is an order issued by a court of competent jurisdiction,

directed to the person detaining another, commanding him to produce the body
of the prisoner at a designated time and place, and to show sufficient cause for
holding in custody the individual so detained. It is for its purpose to inquire into
all manner of involuntary restraint or detention as distinguished from voluntary
and to relive a person there from if such restraint is found illegal. The writ is the
proper remedy in each and every case of detention without legal cause or
authority. Its principal purpose then is to set the individual at liberty.

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 ones taking the law in his own hands to the
great detriment of society.

Specific rights in relation to other individuals and the Government:

Section 3: The privacy of communication and correspondence shall

be inviolable except upon lawful order of the court, or when public
safety or order requires otherwise as prescribed by law. Any
evidence obtained in violation or the preceding section shall be
inadmissible for any purpose in any proceeding.

By the above constitutional provision, there is a recognition that persons my

communicate and correspond with each other without the state having a right to
pry into such communication and correspondence subject to the ever pervading
police power of the State. Letters and messages are usually carried by the
agencies of the government and unless adequate safeguards are provided for
their privacy may eventually violated and great ham inflicted upon the citizen as
a result. Limitations on the right: 1) Upon the lawful order of the court; and 2)
When public safety or order requires otherwise as prescribed by law.

28
 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
someones 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 5: No law shall be made respecting an establishment of

religion or prohibiting the free exercise thereof. The free exercise
and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious
tests shall be required for the exercise of civil or political rights.

The constitutional guarantee of religious freedom is the right of a man to

worship God and to entertain such religious views as appeal to his individual
conscience, without dictation or interference by any person or power, civil or
ecclesiastical. It forbids restriction by law or regulation of freedom of conscience
and freedom to adhere to such religious organization or form of worship as the
individual may choose.

The constitutional guarantee of the free exercise and enjoyment of religious

profession and worship carries with it the right to disseminate religious beliefs
and information. A religious test is one demanding the avowal or repudiation of
certain religious beliefs before the performance of any act. Thus, under this
injunction, laws prescribing the qualification of public officials or employees,
whether appointive or elective or of voters, may not contain requirements of
religious beliefs.

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.

29
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.

Section 7: The right of the people to information on matters of

public concern shall be recognized. Access to officials records, and
to documents and papers pertaining to official acts, transactions or
decisions as well as to government research data used as a basis
for 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.

Section 8: The right of the people, including those employed in the

public and private sectors, to form unions, associations, or societies
for purposes not contrary to law shall not be abridged

The purpose of this constitutional guarantee is to encourage the formation of

voluntary associations so that through the cooperative activities of individuals,
the welfare of the nation may be advanced and the government mat thereby
receive assistance in its ever increasing public service activities.

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

30
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.

Payment of just compensation-under the Local Government Code, the amount to

be paid for the expropriated property shall be determined by the proper court,
based on the fair market value at the time of the taking of the property. The
owner may contest in court the value determined by the assessor. Observance
of due process of law in the taking-procedural due process requires that the
owner shall have due notice and hearing in the expropriation proceedings.

Section 10: No law impairing the obligation of contracts shall be

passed

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.

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.

Section 18: No person shall be detained solely by reason of his

political beliefs and aspirations. No involuntary servitude in any
form shall exist except as a punishment for a crime whereof the
party shall have been convicted.

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.

31
On involuntary servitude-the purpose is to maintain a system of completely free
and voluntary labor by prohibiting the control by which the personal service of
one is disposed of or coerced for anothers benefit, which is the essence of
involuntary servitude. Human dignity is not merchandise appropriate for
commercial barters or business bargains. Fundamental freedoms are beyond the
province of commerce or any other business enterprise.

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 employment of physical, psychological or degrading punishment against any

prisoner or detainee or the use of substantial or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

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.

Section 21: No person shall be twice put in jeopardy of punishment

for the same offense. If an act is punished by law and an
ordinance, conviction or acquittal under either shall constitute a bar
to another prosecution for the same act.

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 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.

Section 22: No ex facto law or bill of attainder shall be enacted.

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

32
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

From Section 1-Those who are citizens include:

1. Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers who elect
Philippine citizenship upon reaching the age of majority;
4. Those who are naturalized in accordance with law

Citizenship is a term denoting membership of a citizen in a political society,

which means membership implies, reciprocally, a duty of allegiance on the part
of the member and duty of protection on the part of the state. Citizen is a
person having the title of citizenship. He is a member of a democratic
community who enjoys full civil and political rights and is accorded protection
inside and outside the territory of the state. Along with other citizens, they
compose the political community.

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.

33
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 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.

Section 3: Philippine citizenship may be lost or reacquired in the

manner provided by law.

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 ones nationality is called expatriation. In
time of war, however, a Filipino citizen cannot expatriate himself.

Reacquisition of lost citizenship:

1. By naturalization, provided the applicant possesses none of the
disqualifications provided in the naturalization law
2. By repatriation of deserters of the Philippine armed forces and women who
lost their citizenship by reason of marriage to an alien, after the termination
of their marital status
3. By direct act of the Congress of the Philippines

Section 4: Citizens of the Philippines who marry aliens shall retain

their citizenship, unless by their act or omission they are deemed,
under the law, to have renounced it. Under section 4, a citizen of
the Philippines who marries an alien does not lose his/her

34
 Philippine citizenship even if by the laws of his/her wifes/husbands
country, he/she acquires her/his nationality.

Section 5: Dual allegiance of citizens is inimical to the national

interests and shall be dealt with by law. Dual allegiance refers to
the continued allegiance of naturalized nationals to their mother
country even after they have acquired foreign citizenship. Dual
citizenship, on the other hand, refers to the possession of two
citizenship by an individual, that of his original citizenship and that
of the country where he became a naturalized citizen. Note that
what section 5 prohibits is not dual citizenship but t dual
allegiances of citizens. Dual citizenship arises because our laws
cannot control laws of other countries on citizenship, while it is not
per se objectionable, the status of dual citizenship may be
regulated or restricted by law where it is conducive or could lead to
dual allegiances.

Duties and Obligations of Citizens:

1. To be loyal to the Republic-by loyalty, we mean faith and confidence in the

Republic and love and devotion to the country. The citizen must be proud of
his country, its customs, traditions, language and institutions. He must share
in its glories and feel sad in its misfortunes. It is the home of our people, the
seat of our affections and the source of our happiness.
2. To defend the state-love of country, however, is not shown by words but by
deeds. It is not an occasional virtue to be exhibited now and then; it is a
flame that should be kept constantly aglow in our hearts. It means an
unflinching determination to serve and defend ones country at all times and
at all costs.
3. To contribute to the development and welfare of the state -by paying taxes
willingly and promptly, by cooperating in its activities and projects (such as
the preservation of peace and order) by suggesting or supporting measures
beneficial to the people, by patronizing local products and trades, by
engaging in productive work.
4. To uphold the Constitution and obey the laws -The Constitution is the
expression of the sovereign will of our people. It is the shrine for all the
hopes and vision of our nation.
5. To cooperate with duly constituted authorities -Community living imposes
obligations and responsibilities upon the individual. The larger interests of
the group and the nation that he must serve necessarily involve his own, and
he would be recreant to the claims of those interests if he did not actively
concern himself with the affairs of his government.

35
6. To exercise rights responsibly and with due regard for the rights of others . In
the course of life, the interests of man conflict with those of many others.
Amidst the continuous clash of interests, the ruling social philosophy should
be that, in the ultimate order, the welfare of every man depends upon the
welfare of all.
7. To engage in gainful work-employment is not the obligation solely of the
State. Every citizen should consider it his on responsibility and should strive
to become useful and productive member of society to assure not only
himself but, perhaps, more important his family a life worthy of human
dignity.
8. To register and vote-It is through suffrage that the will of the people is
expressed. The quality of public officials and the policies of the
administration, indeed the success or failure of the government, depend,
directly or indirectly, upon the voters.

SUFFRAGE

Section 1: Suffrage may be exercised by all citizens of the

Philippines not otherwise disqualified by law, who a at least
eighteen years of age and who shall have resided in the Philippines
for at least one year and in the place wherein they propose to vote
for at least six months immediately preceding the election. No
literacy, property or other substantive requirement shall be
imposed on the exercise of 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.

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.

36
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.

Persons disqualified to vote:

1. Any person who has been sentenced by final judgment to suffer
imprisonment for not less one year, such disability not having been removed
by plenary pardon or granted amnesty. But such person shall automatically
reacquire the right to vote upon expiration of five years after service to
sentence.
2. Any person who has been adjudged by final judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with law. Such
person shall likewise automatically regain his right to vote upon expiration of
five years after service of sentence.
3. Insane or incompetent persons as declared by competent authority.

Section 2: The Congress shall provide a system for securing the

secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad. The Congress shall also design
a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to
vote under existing laws and such rules as the Commission of
Elections may promulgate to protect the secrecy of the ballot.

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.

37
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

Defining Legislative Power: (Section 1)

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.

The legislative power shall be vested in the Congress of the Philippines,

which shall consist of a Senate and House of Representatives, except to
the extent reserved to the people by the provision on initiative and
referendum. (Section 1)

Bicameral having two chambers of Congress: a) Senate; and b) House of

Representatives

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

38
 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.

The Philippine Senate: The Senate is composed of twenty four members

Head: Senate President selected by the majority

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

Term of a senator: (Section 4) limited to two consecutive terms, each term

constitutes six years. A senator can still run for re-election after a break or
interval. There is no limit as to the number of years one can serve as Senator.
What is prohibited is to serve for more than two successive terms. But a
voluntary renunciation of the office by senator for any length of time shall not be
considered as an interruption in the continuity of his service for the full term for
which he was elected.

The House of Representatives: composed of not more than two hundred fifty
members

Head: Speaker of the House selected by the majority

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)

Qualifications of a member of the House of Representatives: (Section 6)

39
1. A natural born citizen of the Philippines
2. At least twenty-five years of age
3. Able to read and write
4. A registered voter in the district in which he shall be elected and a resident
thereof for a period of not less than one year immediately preceding the day
of the election

Term of a member of House of Representative : (Section 7) limited to three

consecutive terms, each term constitutes three years.

Vacancy in the Senate and House of Representative:

In case of vacancy in the Senate or in the House of Representatives, a special

election may be called to fill such vacancy in the manner prescribed by law, but
the Senator or Member of the House Representatives thus elected shall serve
only for the un-expired term. (Section 9)

Prohibitions for Senators and Members of the House of

Representatives:

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)

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)

Parliamentary Immunity: Freedom from arrest and Privilege Speech

(Section 11)

40
 A Senator or Member of the House of Representatives shall, in all
offenses punishable by not more than six years imprisonment , be
privileged from arrest while Congress is in session. No Member shall be
questioned nor be held liable in any other place for any speech or debate
in the Congress or in any committee thereof.

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.

When immunity cannot be invoked:

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.

Freedom from being questioned for speech and debate:

A member of Congress enjoys parliamentary immunity in that he shall not be

questioned nor shall be held liable in any other place for nay speech or debate
in the Congress or in any committee thereof. The quoted phrase should be
construed to mean that the statements must be in connection with or in relation
to the performance of legislative duties.

41
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.

Since privilege speeches enjoy parliamentary immunity meaning they cannot

be used as basis to sue a lawmaker fro slander or defamation so long as they are
delivered during a session or a congressional hearing the unfortunate target or
subject of the speech has no way of getting back at the speaker. Prone to abuse
by some unscrupulous lawmakers, it can be used for not so lofty purposes, such
as a shakedown or a smear campaign. Indeed lawmakers are often dared to
repeat their accusations outside the chamber, but of course no one has been
foolish enough to do so.

When immunity cannot be claimed:

1. The member is not acting as a member of the Congress, for he is not entitled
to any privileges above his fellow citizens; nor are the rights of the people
affected if he is placed on the same ground on which his constituents stand
2. The member is being questioned in Congress itself, whenever said body
considers that his words and conduct are disorderly and unbecoming of a
member thereof.

Business and financial interests of members of Congress:

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.

42
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. Singsons wife,
Candon Mayor Grace Singson, ran a tobacco trading and hauling business.

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.

Disciplining members of Congress:

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.

Congressional Investigations: Inquiries in aid of legislation: (Section

21)

The Senate or House of Representatives or any of its respective

committees may conduct inquiries in aid of legislation in accordance with

43
 its duly published rules or procedure. The rights of person appearing in
or affected by such inquiries shall be respected.

A legislative body cannot legislate wisely or effectively in the absence of

information respecting the conditions, which the legislation is intended to affect
or change and where the legislative body does not itself possess the requisite
information, recourse must be had to others who do possess it. Legislative
hearings enable the public to inform itself on governmental problems. They can
also help influence public opinion on important issues. Each House is required to
publish the rules of procedure to be followed in said inquiries for the guidance of
any person who may be summoned before it. Thus the hearings must be
conducted strictly in accordance with said rules and not depend on the whims of
the members of the investigating committee.

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.

A congressional investigation usually stems from a lawmakers written resolution

or a verbal request in the form of a privilege speech asking a certain committee
or committees of the chamber to look into specific topics usually controversies,
scandals 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.

Committees can invite most government officials to be resource persons or

witness in a congressional investigation. Exceptions are the President and the
Supreme Court Justices, in deference to their status as heads of government
branches that are co equal with Congress. Private personalities are also covered
by such investigations. Since congressional investigations are in aid of
legislation, the investigating committee is required by congressional rules to
come up with a report containing findings, conclusions and recommendations for
remedial legislation.

The Electoral Tribunal (Section 17)

44
 1. The Senate and House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their
respective members.

2. Composition of the Electoral Tribunal: Each Electoral Tribunal shall

be composed of nine members, three of whom shall be Justices of
the Supreme Court to be designated by the Chief Justice and the
remaining six shall be members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the
basis of proportional representation from the political parties or
organizations registered under the party list system represented
therein.

3. The senior justice in the Electoral Tribunal shall be its Chairman.

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.

The Commission on Appointments: (Section 18)

1. Composition: Consisting of the President of the Senate, as ex

officio Chairman, twelve senators and twelve members of the
House of Representatives, elected by each House on the basis of
proportional representation from the political parties and the
parties or organizations registered under the Party List system.

2. The Chairman of the Commission shall not vote except in case of a

tie.

3. The Commission shall act on all appointments submitted to it within

thirty session days of the Congress from their submission. The
Commission shall rule by majority vote of all the Members.

The CA has the option of confirming or rejecting presidential appointee or

nominee. However, it very rarely rejects an appointment, even in the face of

45
strong objections 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 Aquinos 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 Santiagos 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.

The Pork Barrel Fund:

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
lawmakers 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 lawmakers political power. A

46
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, Arroyos 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.

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.

It is widely held that congressmen get commissions of 20 to 30%, sometimes

more f they happen to have some closer connection with the contractor. Like if
the contractor is family. Divestment requirements in government are evidently
not so stringent that an official need not to let go totally of his business, he or
she only has to go on leave or divest his name. There have been also instances
when projects were awarded to companies owned by a Congressmans relative
or crony, or coursed through cooperatives or foundations run by a lawmakers
family.

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

47
elected officials. Areas too remote to be reached by the national government are
served by bridges, roads, or basketball courts, courtesy of a lawmakers 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 System:

The House of Representatives shall be composed of not more than

two hundred and fifty members, unless otherwise fixed by law, who
shall be elected from legislative districts apportioned among the
provinces, cities and the Metropolitan Manila area in accordance
with the number of their respective inhabitants and on the basis of
a uniform and progressive ratio, and those who, as provided by
law, shall be elected through a party list system of registered
national, regional and sectoral parties or organizations. (Section 5)

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.

It is a mechanism of proportional representation in the election of

representatives to the House of Representatives from marginalized or
underrepresented national, 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

48
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.

ALLOCATION OF PARTY LIST SEATS:

1.) Only a maximum of three seats may be allowed per party. Seats are
allocated at the rate of one seat per 2% of votes obtained.
2.) The parties shall be ranked from highest to lowest based on the number and
percentage of votes garnered during the elections.
3.) Unallocated seats shall be distributed among the parties which have not yet
obtained the maximum 3 seats, provided they have mustered at least 2% of
votes. The variance or percentage in excess of 2% or 4% (equivalent to 1 or
2 seats that have already been obtained respectively) shall be ranked and be
the basis for allocating the remaining seats.

Grounds for Disqualification:

1.) It is a religious sect or denomination, organization or association organized
for religious purposes.
2.) It advocates violence or unlawful means to achieve its goal.
3.) It is a foreign party or organization.
4.) It is receiving support from any foreign government, foreign political party,
foundation, organization, whether directly or indirectly or through its officers
or members or indirectly through third parties for partisan election purposes.
5.) It violates or fails to comply with laws, rules or regulations relating to
elections.
6.) It has made untruthful statements in its petition.
7.) It has ceased to exist for at least one (1) year (applicable after the 1998
election)
8.) It fails to participate in the last two (2) preceding elections or to obtain at
least two percent of the votes cast under the party list system in the two (2)
preceding elections for the constituency in which it has registered (applicable
after the 2001 elections)

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 number of votes the Comelec shall proclaim the party list
representatives according to their ranking in the list of nominees submitted to
Comelec.

49
Qualifications of a party list nominee:
1.) A natural born citizen of the Philippines.
2.) A registered voter
3.) A resident of the Philippines for a period of not less than one (1) year
immediately preceding election day
4.) Able to read and write
5.) A bona fide member of the party or organization he seeks to represent for at
least ninety (90) preceding election day;
6.) At least twenty five (25) years of age on Election Day.

Limitations on party list nominations:

1.) A person may be nominated by one party in only one (1) list.
2.) Only persons who have given their consent in writing may be named in the
list.
3.) The list shall not include any candidate for any elective in the same election
or has lost his bid for an elective office in the immediately preceding election.
4.) No change of name or alteration of the order of nominees shall be allowed
after the list has been submitted to the Comelec, except in cases where the
nominee dies, his nomination is withdrawn in writing and under oath, or
becomes incapacitated, in which case the name of the substitute nominee
shall be placed last in the list.

Congress: The Power of the Purse

All appropriation, revenue or tariff bills, bills authorizing increase of

the public debt, bills of local application, and private bills shall
originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments. (Section 24)

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

50
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
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.

Congress and Provisions on Appropriations: (Section 25)

The Congress may not increase the appropriations recommended

by the President for the operation of the Government as specified
in the budget. The form, content and manner of preparation of the
budget shall be prescribed by law.

No provision or enactment shall embrace in the general

appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be
limited in its operation to the appropriation to which it relates.

The procedure in approving appropriations for the Congress shall

strictly follow the procedure for approving appropriations for other
departments and agencies.

A special appropriations bill shall specify the purpose for which it is

intended and shall be supported by funds actually available as
certified by the National Treasurer, or to be raised by a
corresponding revenue proposal therein.

51
 No law shall be passed authorizing any transfer of appropriations;
however, the President, the President of the Senate, the Speaker of
the House of Representatives, the Chief Justice of the Supreme
Court and the heads of Constitutional Commissions may, by law, be
authorized to augment any item in the general appropriation law
for their respective offices from savings in other items of their
respective appropriations.

Discretionary funds appropriated for particular officials shall be

disbursed only for public purposes to be supported by appropriate
vouchers and subject to such guidelines as may be prescribed by
law.

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.

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.

Congress and the Uniformity of Taxation:

The rule of taxation shall be uniform and equitable. The Congress

shall evolve a progressive system of taxation. (Section 28)

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.

52
Charitable institutions, churches and parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings and
improvements, actually, directly, and exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation. No law granting any tax
exemption shall be passed without the concurrence of a majority of all the
Members of the Congress.

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 taxpayers 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.

The Constitution enjoins Congress to evolve a progressive system of taxation.

This means that tax laws shall place more emphasis on direct (e.g. income,
donors and estate taxes) rather than on indirect taxes (e.g. customs duties and
value-added taxes which the taxpayer can recover from the consumer by adding
the same to the price) with ability to pay as the main criterion. The individual
income tax provides the best example of a direct and progressive tax. The rate
of the tax increases as the tax base or bracket (amount of income) increases.

53
How a bill becomes a law:
Senate
Individual Senator Individual Representative
- Bill is filed and assigned a - Bill is filed and assigned a
number
Plenary Session: First Reading
- Reading of title/authors
- Principal author may propose
additional authors
- Referral to appropriate standing
committees
Senate Committee
- Studies and analyzes the bill
- Consults and studies position
papers
- Hears and consolidates public
testimonies
- Makes recommendation in
committee report
After favorable action of the Senate
Committee the bill is forwarded to
Senate Committee on Rules
calendars the bill for floor discussion
Plenary Session: Second Reading
- Sponsorship speech
- Floor deliberations
- Period of amendments
- Voting
Plenary Session: Third Reading
- Sponsorship speech
- Floor deliberations
- Period of amendments
- Voting
House of Representatives
number
Plenary Session: First Reading
- Reading of title/authors
- Principal author may propose
additional authors
- Referral to appropriate standing
committees
House Committee
- Studies and analyzes the bill
- Consults and studies position
papers
- Hears and consolidates public
testimonies
- Makes recommendation in
committee report
After favorable action of the House
Committee the bill is forwarded to
House Committee on Rules calendars
the bill for floor discussion
Plenary Session: Second Reading
- Sponsorship speech
- Floor deliberations
- Period of amendments
- Voting
Plenary Session: Third Reading
- Sponsorship speech
- Floor deliberations
- Period of amendments
- Voting
54
Approval after third reading the bill is Approval after third reading the bill is
transmitted to the House of transmitted to the Senate
Representative

The legislative bill must pass through both chambers of Congress in absolutely
identical form, however, if there are differences between the versions passed by
the two chambers a Conference Committee is made to reconcile said differences.

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.

55
 Article 7
The Executive Department

Defining Executive Power:

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 Presidents alter
egos and exercises general supervision over local governments.

Section 1: The executive power shall be vested in the President of the Philippines

Qualifications of the President: (Section 2)

1. Natural born citizen of the Philippines

2. A registered voter
3. Abel to read and write
4. At least 40 years old on Election Day
5. A resident of the Philippines for at least 10 years immediately preceding
the election

Electing the President: (Section 4)

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.

56
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.

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 Presidents successor is disqualified to run for the Presidency if he or she
has served as President or more than four years

Reasons for prohibition against re-election of President:

1. A President seeking a second term is vulnerable to constant political
pressures from those whose support he must preserve and has to devote his
time and energy to consolidate this political support.
2. A President seeking reelection will even use public funds for the purpose even
to the extent of making the government bankrupt because no incumbent
President would like to go down from power as a leader repudiated by his
people.
3. The prohibition also widens the base of leadership. In theory, no man is
indispensable in a democracy, and any person, no matter how good he is,
may be replaced by others equally good.
4. The ban will also put an end or at least hamper the establishment of political
dynasties.
5. The six-year term will give the President a reasonable time within which to
implement his plans and programs of government. He can concentrate on
being President free from the demands of partisan politics.

Rules on the succession:

57
1. In case of death, permanent disability, removal from office or resignation of
the President, the Vice President shall become the President to serve the
unexpired term. (Section 8)
2. In case of death, permanent disability, removal from office, or resignation of
both the President and Vice President, the Senate President or in case of his
inability, the Speaker of the House of Representatives, shall then act as
President until the President or Vice President shall have been elected and
qualified. (Section 8)
3. The Congress shall at ten o clock in the morning of the third day after the
vacancy in the offices of the President and Vice President occurs, convene in
accordance with its rules without need of a call (Section 10)
4. Within seven days Congress shall enact a law calling for a special election to
elect a President and a Vice President to be held not earlier than forty five
days nor later than sixty days from the time of such call. (Section 10)
5. The law on special election shall become law upon its approval on third
reading by Congress. (Section 10)
6. No special election shall be called if the vacancy occurs within eighteen
months before the date of the next presidential election. (Section 10)

The Office of the Vice President:

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
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)

Vacancy on the Office of the Vice President:

58
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)

Prohibitions on the President:

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)

2. The President cannot appoint his/her spouse and relative by consanguinity or

affinity within the fourth civil degree as Members of the Constitutional
Commissions or the Office of the Ombudsman or as Secretaries,
Undersecretaries, Chairmen or Heads of Bureaus and Offices, including
Government Owned and Controlled Corporations (GOCCs) and their subsidiaries.
(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)

Inability of the President to discharge its functions:

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

59
 unable to discharge the powers and duties of his office, and until he transmits
to them a 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)

The Presidents state of health: (Section 12)

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.

The Presidents Appointing Power: (Section 16)

60
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.

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 extent of the Presidents appointing powers:

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

61
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.

Presidential advisers and assistants have become a notorious symbol of political

patronage. In theory they were supposed to provide the President advice on
matters related to their expertise. But in many cases, the title of presidential
adviser is given to reward political contributors or to appease those who cannot
be accommodated in the Cabinet. The proliferation of presidential advisers and
presidential assistants became noticeable (about 60, mostly retired military
officers) during the Ramos administration and reached scandalous proportions
(almost 200) during the Estrada administration. More concerned about making
his friends happy than with governing well. President Estrada distributed
presidential adviser titles like he was distributing groceries to the poor. Some of
the titles were ambiguous such as Presidential Assistant to the Presidential
Adviser on Computer Education

Kinds of presidential appointments:

1. Regular appointments: are those made during the sessions of Congress
2. Ad interim appointments are those made during the recess of Congress

Kinds of appointments in the career service:

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 Presidents control over executive departments: (Section 17)

The President shall have control of all executive departments, bureaus and
offices. He shall ensure that the laws be faithfully executed.

As administrative head, the duty of the President is to see to it that every

department, bureau and office under the executive branch is managed and
maintained properly by the person in charge of it in accordance with pertinent
laws and regulations. There are two factors that contribute to the effective hold
and control of the President over all executive departments, bureaus and offices:

62
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.

The President and Declaration of Martial Law: (Section 18)

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 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.

63
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.

The President and its Pardoning Power: (Section 19)

Except in cases of impeachment, or as otherwise provided in this Constitution,

the President may grant reprieves, commutations and pardons and remit fines
and forfeitures, after conviction by final judgment. The President shall also have
the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress.

Reprieve is the postponement of the execution of death sentence to a

certain date. It is different from suspension of sentence that is the
postponement of a sentence for an indefinite time.

Commutation is the reduction of the sentence imposed to a lesser

punishment, as from death to life imprisonment. It may be granted
without the acceptance and even against the will of the convict.

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.

Amnesty is an act of the sovereign power granting oblivion or a general

pardon for a past offense usually granted in favor of certain classes of
persons who have committed crimes of a political character such as
treason, sedition or rebellion.

Pardon and Amnesty distinguished:

1. The President solely grants pardon after conviction, while amnesty, with
concurrence of Congress before and after conviction.
2. Pardon is considered as an act of forgiveness, i.e. it relieves the offender
from the consequences of the offense, while amnesty is an act of
forgetfulness, that is it puts into oblivion the offense of which one is charged
so that the person released by amnesty stands in the eyes of the law as if he
had never committed the offense.

64
3. Pardon is granted for infractions of the peace of the state, while amnesty for
crime against the sovereignty of the state.
4. Pardon is a private act of the President, which must be pleaded and proved
by the person who claims to have been pardoned, because the courts take no
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.

Ordinance powers of the President:

To ensure that laws are faithfully executed, the President issues executive
orders, administrative orders, proclamations, memorandum orders,
memorandum circulars and general or special orders.

Acts providing for rules of a general or permanent character in implementing or

executing constitutional or statutory powers are promulgated in Executive
Orders. On a few occasions, executive orders have been issued in an apparent
bid to circumvent existing policies. A good example is President Estradas EO
213, which created a trust fund to bank roll projects purportedly to alleviate the
plight of coconut farmers adversely affected by the low prices of copra and other
coconut products. The Order had the effect of unfreezing, without a court order,
the more than P50 billion worth of San Miguel Corporation (SMC) shares
sequestered by the Presidential Commission on Good Government (PCGG) on
suspicions that they are a part of Marcos ill gotten wealth. The Order never got
implemented because President Estrada was ousted of the presidency a few
months after he signed the Order.

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
Arroyos 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.

Administrative orders are promulgated for acts related to particular aspects of

government operations in pursuance of the Presidents duties as administrative
head. Memorandum orders embody presidential acts of matters of
administrative detail or of subordinate or temporary interest that only concern a
particular government officer or office. On the other hand, memorandum
circulars cover acts on matters relating to internal administration, which the
President wishes to bring to the attention of all or some government offices for

65
information and compliance. Acts and commands of the President in his/her
capacity as commander in chief are issued as general and special orders.

The Presidents Veto Power on Legislation:

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.

Other powers of the President:

1. To contract or guarantee foreign loans
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 governments 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:

Leadership as a personal gift: The theory of leadership is embodied in the idea of

charisma, generally understood to mean the power of personality. The classic
examples of charismatic leaders are usually seen as forceful personalities such as
Hitler, Castro, Nasser and Thatcher). Leaders are created by particular socio
historical forces. Sociological factors have also provided the basis for the
different idea that political leadership is largely a product of collective behavior.

Leadership as a rational or bureaucratic device: Leadership is essentially an

organizational necessity that arises from the need of coherence, unity and
direction within any complex institution. Leadership in this view is critical
because it provides order and direction in the organization. Leadership is a
political skill that can be learned and practiced. Political leadership in this sense
is similar to the art of manipulation, a perhaps inevitable feature of democratic
politics in an age of mass communication.

Styles of leadership:

66
1. Laissez Faire Leadership: is the reluctance of the leader to interfere in
matters outside his or her personal responsibility. Such leaders have hands
off approach to cabinet and departmental management. The strength of this
approach to leadership are that, because subordinates are given greater
responsibility, it can foster harmony and teamwork and it can allow leaders to
concentrate on political and electoral matters by relieving them of their
managerial burdens. On the other hand it can lead to the weak coordination
of government policy, with ministers and officials being allowed too much
scope to pursue their own interests and initiatives.

2. Transactional leadership is a more hands-on leadership. Transactional

leaders adopt a positive role in relation to policy making and government
management, but are motivated essentially by pragmatic roles and
consideration. Prominent amongst these are likely to be the maintenance of
party unity and government cohesion and the strengthening of public support
and electoral credibility.

3. Transformational leadership: the leader is not so much of a coordinator or

manager but an inspirer or visionary. Not only are such leaders motivated by
strong ideological convictions, but they also have personal resolution and
political will to put them into practice. Instead of seeking compromise and
consensus, transformational leaders attempt to mobilize support from within
the government, their parties and the general public for the realization of
their personal vision.

The Judicial Branch of Government

Defining Judicial Power

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.

67
Scope of judicial power:

1. Adjudicatory power: it includes the duty of courts of justice-a) to settle actual

controversies involving rights which are demandable and enforceable; and 2)
to determine whether there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any instrumentality of the
government.
2. Power of judicial review: 1) to pass upon the validity or constitutionality of
the laws of the state and the acts of other departments of the government;
2) to interpret them; and 3) to render binding judgments.
3. Incidental powers: necessary to the effective discharge of the judicial
functions such as the power to punish persons adjudged in contempt.

The Organization of Courts:

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 Manila while MTCs are situated outside the countrys metropolitan capital.
In theory, there should be an MTC for each municipality, but there are cases

68
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.

Penalties Duration Minimum Medium Maximum

Reclusion 12 years 1 12 years 1 14 years 8 17 years 4
Temporal day to 20 day to 14 months 1 day months 1 day
years years 8
to 17 years 4 to 20 years
months months
Prision Mayor 6 years 1 day 6 years 1 day8 years 1 day 10 years 1 day
to 12 years to 8 years to 10 years to 12 years
Prision 6 months 1 6 months 1 2 years 4 4 years 2
correccional day to 6 years day to 2 years
months 1 day months 1 day
and destierro 4 months to 4 years 2 to 6 years
months
Arresto Mayor 1 month 1 day 1 month to 2 2 months to 4
4 months 1
to 6 months months months day to 6
months
Arresto Menor 1 day to 30 1 day to 10 11 days to 2 21 days to 30

69
 days days days days

Independence of the judiciary:

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)

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.

The Supreme Court:

The Supreme Court shall be composed of a Chief Justice and

fourteen Associate Justices. It may sit n banc or in its discretion, in
division of three, five or seven members. Any vacancy shall be
filled within ninety days from the occurrence thereof. (Section 4)

70
All cases involving the constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the Supreme Court en banc, and all
other cases which under the rules of court are required to be heard en banc,
including those involving the constitutionality, application or operation of
presidential decrees, proclamations, orders, instructions, ordinances and other
regulations, shall be decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in the case and voted
thereon.

Cases or matters heard by a division shall be decided or resolved with the

concurrence of a majority of the members who actually took part in the
deliberations on the issues on the case and voted thereon, and in no case,
without the concurrence of at least three of such members. When the required
number is not obtained, the case shall be decided en banc: Provided that no
doctrine or principle of law laid down by the court in a decision rendered en banc
or in division may be modified or reversed except by the court sitting en banc.

Powers of the Supreme Court: (Section 5)

1. Exercise original jurisdiction over cases affecting ambassadors, other public

ministers and consuls and over petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus.

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

4. Order a change of venue or place of trial to avoid a miscarriage of justice

71
5. Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice and procedure in all courts, the admission to the
practice of law, the Integrated Bar and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
of the same grade and shall not diminish, increase or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.

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

Qualifications for members of the Supreme Court:

No person shall be appointed Member of the Supreme Court or any

lower collegiate court unless he is a natural born citizen of the
Philippines. A Member of the Supreme Court must be at least forty
years of age and must have been for fifteen years or more a judge
of a lower court or engaged in the practice of law in the Philippines.
(Section 7)

The Judicial and Bar Council:

A Judicial and Bar Council is hereby created under the supervision

of the Supreme Court composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice and a representative of the
Congress as ex officio member, a representative of the Integrated
Bar of the Philippines, a professor of law, retired Member of the
Supreme Court and a representative of the private sector. (Section
8)

72
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 President and the Judicial and Bar 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)

Retirement of Supreme Court Justices:

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 Courts power over judges of the lower courts:

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)

Prohibitions on Members of the Supreme Court:

The Members of the Supreme Court and of other courts established

by law shall not be designated to any agency performing quasi-
judicial or administrative functions. (Section 12)

73
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.
Decisions of the Supreme Court:

The conclusions of the Supreme Court in any case submitted to it

for decision en banc or in division shall be reached in consultation
before the case is assigned to a Member for the writing of the
opinion of the Court. A certification to this effect signed by the
Chief Justice shall be issued and a copy thereof attached to the
record of the case and served upon the parties. (Section 13)

Any Member who took part, or dissented, or abstained from a

decision or resolution must state the reason thereof. The same
requirements shall be observed by all lower collegiate courts.
(Section 13)

No decision shall be rendered by any court without expressing

therein clearly and distinctly the facts and the law on which it is
based. No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied without
stating the legal basis thereof. (Section 14)

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

74
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.

ACCOUNTABILITY OF PUBLIC OFFICERS

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 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.

Impeachment: Officials that can be impeached

Impeachable Officials: The President, the Vice President, the

Members of the Supreme Court, the Members of the Constitutional
Commissions and the Ombudsman (Section 2)

Impeachable offenses: Culpable violation of the Constitution,

treason, bribery, graft and corruption, other high crimes or betrayal
of public trust (Section 2)

Impeachment has been defined as a method of national inquest in the conduct

of public men. It is essentially in the nature of a criminal prosecution before a
quasi-political court, instituted by a written accusation called articles of
impeachment upon a charge of the commission of a crime or some official
misconduct or neglect. The purpose is to protect the people from official
delinquencies or malfeasances. It is therefore, primarily intended for the

75
protection of the State, not for the punishment of the offender. The penalties
attached to impeachment are merely incidental to the primary intention of
protecting the people as a body politic.

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.

The Process of Impeachment: (Section 3)

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.

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.

5. In case the verified complaint or resolution of impeachment is fled by at least

one third of all Members of the House, the same shall constitute the Articles
of Impeachment, and trial by the Senate shall proceed.

6. No impeachment proceedings shall be initiated against the same official more

than once within a period of one year.

76
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.

11.The penalty to be imposed on an officer found guilty of an impeachment

charge is limited to removal from office and disqualification to hold any office
under the Republic of the Philippines.

12.No penalty in the form of imprisonment or fine may be imposed. If a criminal

offense has been committed, the party convicted is still liable and subject to
prosecution, trial and punishment, in accordance with law, i.e. before the
courts.

The SandiganBayan - Anti-Graft Court

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.

Section 4: The present anti-graft court known as the

SandiganBayan shall continue to function and exercise jurisdiction
as now and hereafter may be provided by law.

The Ombudsman

The independent Office of the Ombudsman composed of the

Ombudsman to be known as Tanodbayan, one overall Deputy and
at least one Deputy each for Luzon, Visayas and Mindanao. A

77
 separate Deputy for the military establishment may likewise be
appointed. (Section 5)
Personnel of the Ombudsman

The officials and employees of the Office of the Ombudsman, other

than the Deputies, shall be appointed by the Ombudsman
according to the Civil Service Law (Section 6).

Qualifications of Ombudsman and Deputies: (Section 8)

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.

Appointment of the Ombudsman and Deputies: (Section 9)

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.

Term of the Ombudsman:

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)

Powers of the Ombudsman (Section 12 and 13)

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.

78
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.
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
Ombudsmans 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

79
render useless other government agencies equipped with administrative
procedures for discipline.

Right to recover ill gotten wealth by the Government:

Section 15: The right of the State to recover properties unlawfully

acquired by public officials or employees, from them or from their
nominees or transferees, shall not be barred by prescription, laches
or estoppel.

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.

Through estoppel, an admission or representation is rendered conclusive against

the person making it and cannot be denied or disapproved by him as against the
person relying thereon.

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.

Prohibition of Public Officials in securing loans:

Section 16: No loan, guarantee or other form of financial

accommodation for any business purpose may granted, directly or
indirectly, by any government owned or controlled bank or financial
institution to the President, the Vice President, the Members of the
Cabinet, the Congress, the Supreme Court and the Constitutional
Commissions, the Ombudsman or to any firm or entity in which
they have controlling interest, during their tenure.

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.

80
Declaration of assets, liabilities and net worth:

Section 17: A public officer or employee upon assumption of office

and as often thereafter as may be required by law, submit a
declaration under oath of his assets, liabilities and net worth. In
the case of the President, the Vice President, the Members of the
Cabinet, the Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices and officers of the
Armed Forces with general or flag rank, the declaration shall be
disclosed to the public in the manner provided by law.

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.

81
CONCLUSION:
I there for conclude that there is no definite and decisive LAW until today that
mandates the unlawful stance of political dynasty in the Philippines thus, is an
ethical issue that need to be address. It is not the question of how many family
members who will run or who are in the political arena but how transparent they
are in the field of public service.
It is still vested in democratic government that those who are qualified to run in
office have both the right and the duty to be elected, but at the end of the day
quandary is still the same; what is the effect of too much complacency and
familiarity?
The answer, (may or may not be ) greed and abuse that leads to corruption.
It is within the power of suffrage, good substantive laws and equal protection
that can be the light to shed the doubt.

82
Name of the book: POLITICS, GOVERNANCE AND THE PHILIPPINE
CONSTITUTION
Author: DIONESIO C. RIVAS-MICHAEL M. NAEL
DESCRIPTION OF THE BOOK: Article XIV Sec. 3 of the Philippine Constitution
requires all educational institution to include the study of the constitution as part
of the curicula in order to inculcate in every Filipino patriotism and nationalism
and to teach rights and duties of citizenship among others.
Nationalism and Patriotism, together with development and freedom, have
become bywords to the Filipino youth, yet these ideals are so elusive as to their
precise comprehension and manner of realization. Thus the Filipino youth is in
dire need of guidance in his attempt to contribute in effecting a just and humane
society.
It was in this context that this book was conceived, to equip the Filipino students
with a workable understanding of Politics, Governance and the fundamental laws
of the land; to provide answers to the most pressing questions about their rights

83
and duties as citizen; and to encourage the youth to participate in the collective
exercise of sovereignty of the Filipino people through good governance, and
mature Political exercises.
This book will be especially useful to students and teachers who are taking and
teaching the Philippine Constitution. Great care was given in the treatment of the
different provisions of the Philippine Constitution.
The book consists of fi ve main parts. The fi rst part introduces the nature of
Politics; the second part, presents the concept of the State; the third part,
explore the inherent powers of the State; the fourth part, discusses the
intricacies of Government; and the last part, presents and annotate the
Philippine Constitution which was treated into the three subparts namely: (1) the
constitution of liberty; (2) constitution of government; and (3) constitution of
sovereignty. The treatment and discussion is simple and direct so that students
will easily grasp the essential features and competencies in each lesson.
Discussions were presented in question form and were followed by answers in
simplified yet comprehensive form. We hope that all our efforts will rekindle the
fi re of Nationalism in the hearts of the students.

84