Politics and Governance

POLITICS & GOVERNANCE WITH PHILIPPINE CONSTITUTION Copyright 2005-2006 A. C. Articulo. This is a copyrighted material. Reproduction of this material, in any form, without the author’s permission is an infringement of Philippine Copyright Law. This copy is NOT FOR SALE, strictly for evaluation purposes only. For the exclusive use of Cagayan State Univesity.

POLITICS & GOVERNANCE With Philippine Constitution _____

ARCHIMEDES CARAG ARTICULO MA in Political Philosophy, University of the Philippines, Diliman (2004); AB Philosophy, Philosophy, Cum Laude, Laude, University University of of the Philippines, Philippines, Diliman (1999); Philosophy and Political Science Instructor; Coordinator, Political Science Program, College of Arts and Sciences Cagayan State University; Author, “Values and Work Ethics” . 2002. Trinitas Publishing, Inc.; “Moral Philosphy: A Practical Introduction.” 2005. Greatbooks Publishing; “Foundations of Education: A Selection of Texts on Educational Theories From Plato to Alvin Toffler.” 2005. Greatbooks Publishing; “Logic: The Practice of Critical Thinking” . 2005. and “The Experience of Philosophy” , Philosophy” , 2006, REX Publishing, Inc..

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TABLE OF CONTENTS CHAPTER 1: THE NATURE OF POLITICS

CHAPER 2: THE STUDY OF POLITICS AS A SCIENCE

CHAPTER 3: ON THE CONCEPT & NATURE OF STATE

CHAPTER 4: THE CONCEPTS OF GOVERMENT AND GOVERNANCE

CHAPTER 5: FORMS & STRUCTURES OF GOVERNMENT

CHAPTER 6: POLITICAL & ECONOMIC IDEOLOGIES

CHAPTER 7: THE PHILIPPINE GOVERNMENT SYSTEM

CHAPTER 8: PHILIPPINE POLITICS & GOVERNANCE: ISSUES & CHALLENGES

CHAPTER 9: CONSTITUTION

CHAPTER 10:




























CHAPTER 1: THE NATURE OF POLITICS Before we delve on some specific issues concerning Politics and Governance, it would be much better if we begin first with a brief review of the most basic ideas of Politics. Defining Politics

Politics, in the most essential sense, is a means of organizing collective human activity. In daily life, it refers to any collective decision making process.   As a discipline, discipline, it focuses on conflict conflict and conflict conflict resolution. resolution. “Seeking and using the power of th e State to make allocations of  scarce resources throughout a given polity”.  For Harold Lasswell, politics is the study of who gets what, when and how. For Aristotle, Politics is both a royal art and a royal science. Because  unlike other fields of human inquiry, it attempts to understand the political nature of a subject that is considered to be the only rational and free physical entity in the world. The Historical Role of Politics

According to Marx, there are five stages or levels of societal societal development, development, and each of these stages demonstrate the evolution of the uses or roles of politics: 1. Primitive Communal Society- characterized by the common ownership ownership of the means of production; non-existence of class divisions and the value of the product produced is determined by labor. The role of politics is for the collective actions of man to confront resistance or challenges to common survival in the primitive state. 2. Feudal society- characterized by the first emergence of private property ownership and introduction of social classes. The means of production in this stage is land. Here, landowners, tenants, artisans, merchants etc. emerged. The main and conflicting classes are landowners (those who own lands) and the tenants (persons who are used by landowners to till their vast lands). Politics n this stage is geared towards the protection of the interest of the dominant class (i.e. land owners ). Great armies are formed to enforce order and to ensure the continuous control of the




























3. Capitalist society - a previously insignificant segment of the society society (the merchants) have developed as a major political and economic player. Driven by profit, these lowly businessmen gradually became very wealthy that soon they were able to finance the formation of new and more powerful armies that ultimately brought them into power. Emerging from centuries of political insignificance, it successfully revolutionized the existing social order. At this stage, the means of production is no longer the land but big factories. After the industrial revolution, the political influence of these profit-seeking tradesmen became unprecedented. Two major classes emerged, the Capitalist (those who control the means of production) and the Proletariat (laborers or the working class). The role of politics in this stage is the protection of the interest of the dominant class. Politics also ensures the favorable condition for the production not only of profit but also of ideas that will help the preservation of the new status quo. Politics also maintain social division of labor (e.g. the capitalist as the provider of Capital and the proletariat as the provider of labor) and the international division of labor (e.g. the developed or the Capitalist states produce the finished products and the Third World States as the consumer). 4. Socialist Society - The unlimited and undying quest for bigger profit will itself spell the decline and the “ bloody” end of Capitalis t order. After the predicted success of the Proletarian revolution around the world, a new social and world order will emerge. Classless societies will be formed from the ashes of Capitalism. The means of production, which the Capitalists once enjoyed, will become a common property. Seizing the high technologies developed during the Capitalist state will make the distribution of goods based on abilities (this is the Socialist’s Theory of Justice) to become possible. A highly centralized government exists and assumes the role of a vanguard which will bring about the realization of the highest state of societal development. At this stage, the role of Politics is to ensure the extinction of Capitalism as a way of life. Politics is also expected to promote the spirit of communality and not of profit and individualism. Politics will ensure the realization of Communism, or the highest level of societal development. 5. Communist State- the final stage of societal development characterized by the abolition of states (This is because Marx believes the states are basically Capitalist’s tool of preserving the interest of the ruling class) and abolition of social and world classes. Politics in this final synthesis will therefore be in consonance to the desired future of a “g lobal communality”.



























POLITICS & GOVERNANCE WITH PHILIPPINE CONSTITUTION Copyright 2005-2006 A. C. Articulo. This is a copyrighted material. Reproduction of this material, in any form, without the author’s permission is an infringement of Philippine Copyright Law. This copy is NOT FOR SALE, strictly for evaluation purposes only. For the exclusive use of Cagayan State Univesity. 

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Many study Political Science (the systematic study of politics) because they believe that it provides a good training ground for those who will pursue Law Still others pursue the formal study of Politics as a preparatory course for the rugged world of real-life political arenas (Ferdinand E. Marcos took up AB Political Science and fell in-love with Machiavelli before taking up Law at the University of the Philippines. There is this anecdote that once Ferdinand’s professor has asked the clean -cut freshman why he is studying Political Science and why he is in U.P., the lean-bodied lean-bodied Ferdinand answered bluntly: “Well, because I want to be the next President of the Philippines.” Years later, the innocent looking boy indeed took the presidency and raped the country beyond the wildest imagination of his professor). There are, however, a few who study politics because they believe with Aristotle: Politics is “ the most sovereign of the Arts and the Sciences”, a discipline concerned with the highest good of man justice and not necessarily necessarily as the art that should be understood understood in terms of struggle for power.

Approaches to the study of Political Science

It is very important to remember that there are two general approaches to the study of politics: 1. Political Philosophy - concerns itself with institutions and behavior, it focuses on normative judgements and attempts to derive principles from objective facts with as much qualification as the evidence will allow. It is more on prescriptive ( the “ shoulds ” and “ oughts ” of politics ). 2.

Political Science - seeks to establish by observation, and if possible by measurements the existence of uniformities in political behavior and to draw correct inference from these data. It is more on observation or/ and description of facts. It aims to be objective and value-free on its measurement and description.

The Ideals of the Study of Politics

Ideally, the study of politics should contribute to the general progress and development of humanity and not to perpetuate the greed for power of few individuals, which from time immemorial, has been the root cause of man’s inhumanity towards each other. Students of Politics should use the knowledge




























CHAPER 2: THE STUDY OF POLITICS AS A SCIENCE The theoretical and practical study of the state and of politics dates back at least to the Ancient Greeks (about 500 to 300 B.C.) EARLY TRENDS IN THE STUDY OF POLITICS

Plato ( 427-347 B.C. ) may be considered the father of Political Philosophy, and Aristotle, the Father of Political Political Science. Science. But both viewed the state from the perspective of the Philosopher to whom all knowledge was an integrated whole. The legacy of the Ancient Rome to Political Science consisted chiefly of contributions in the fields of law, jurisprudence and public administration, all of which bore the imprint of Stoic notions of human equality, the brotherhood of all men, the Fatherhood of God, and the unique value of the individual, who, however lowly, had within him spark of the divine reason animating the universe. The philosophy of democracy, with its assumptions of human rationality, morality and equality and its concepts of natural law and natural rights, owes much to Stoicism and to Cicero, who incorporated Stoic philosophy into Western Political Thought. During the Middle Ages, the state was less important than the Church, which indeed, came to assert its power to crown and dispose princess and to dictate public policy. Political Philosophy was little more than a subordinate branch of theology, political controversies were resolved by appeals to authority. The medieval age left a legacy of concepts that are still vital parts of modern political thought, such as the ideal world unity and a body of ethico-religious restraints upon political action, including what Christian philosophers called the “ peace of God ”, the “ fair wage”, the “ just price”, and the idea of a “ higher law”, that was necessarily superior to the commands of a ruler or the state. The Middle Ages was far more consistent with Platonic tradition (philosophy) than with Aristotelian (science ). Was it merely coincidental that the Christian church itself bore some remarkable resemblance res emblance to Plato’s ideal a state philosopher -king philosopher -king (pope) who






























to the structure to the governmental politics led to greater use of the empirical method observing actual human institutions and processes in order to discover fundamental political laws. In the mid-nineteenth mid- nineteenth century, Darwin’s theory of evolution and natural selection began to exert a powerful influence upon Political Science; biology came to reinforce history in the study of the political institutions, which were seen as the product of especially after the nineteenth century, prompted political scientists to give more attention to the impact on government of social forces not defined with references to the institutional outlines of the state. METHODOLOGY OF POLITICAL SCIENCE Observational or Empirical Method

The scientific attitude toward government has made the empirical method an essential way of observing actual political institutions are “laboratories” of empirically oriented political scientists where they experiment the workings of these political institutions. Every change in their operation and structure, every method in the formulation and determination of their laws and policies, and every new system of administration in a state has great significance. The empirical or observational method may best be employed, also, in determining the voting behavior of the electorate in which election statistics and opinion polls are measures used to predict the election winner. By these devices, the students of Political Science have much to learn about voters’ motivations and how votes are influenced by political issues and political candidates. Historical Method

The historical method enlightens the students of politics on the origin and evolution of the state and institutions, by seeking to explain what they are and what they will be. The historical approach will make the students interested in






























electoral processes, political parties, and even in the culture and customs of their peoples. The employment of the comparative approach has been very helpful to political scientist in prescribing solutions to certain political problems. It presents to students of politics and to government leaders the different processes of political institutions and their various aspects, and gives them the opportunity to select the best that can be adopted and suited to present conditions. Analytical Method

Another approach to the study of Political science is the analytical method. This field of endeavor is aimed at discovering the significant or essential elements of political institutions in an attempt to analyze and examine their worth and value on how they work. The analytical method when used by the Political scientists would force him to make a detailed study of these political institutions, evaluating their interrelations in the exercise of their powers and performance of their functions for maximizing government in their relations with other functional groups in society. Therefore, a large part of the analytical study of these institutions is devoted to understanding the mechanics and operation of institutional systems and how they are belated to the policy within which they function. RELATIONSHIP OF POLITICAL SCIENCE TO OTHER STUDIES Political Science & History

The study of a state and its political institutions depend on history in knowing its origin, its growth and development, and its institutions. An analysis of the causes and factors that influence the state’s growth and development makes it






























receives energy from economics. By employing the economic approach, a student of Political science gains an insight into the economic conditions of the state. He learns how the government shapes and determines economic policies on the use of resources in order to achieve the best of national goals-the economic welfare of the people. Political Science and Sociology

Sociology is the study of the society as a whole. It is a Social Science course that enriches Political science by its contributions to the study of social problems which are also problems of the government. The sociologist’s investigations and inquiries on crime, marital relations problems, juvenile delinquency, housing problems are data available to Political Scientists to evaluate, and which may later become interesting and basic subjects of legislation. Political Science and Psychology

It has been said by some political writers that Psychology is the foundation of Political Science. This is through the study of men’s political behavior. The close relationship of Political Science to psychology may also be understood in the study of political dynamics where students learn a lot about the operation of political parties to achieve their main goal of controlling the government. Psychology’s contribution to Political science can also be appreciated in the study of public opinion which is influenced by two factors: propaganda and pressure groups. Political Science and Anthropology

There is also a close association of Political science with anthropology. Students of politics are benefited by the anthropological theory of the state. Anthropologists Anthropologists believe that the state evolved from the family, and from the clan into bigger or more extensive groupings ( i.e. tribe ) and finally the nation, bound






























CHAPTER 3 ON THE CONCEPT & NATURE OF STATE If there is one thing we should take note concerning the concept of a State, it is this: State is a political entity, formed by men and women, based upon a definite territory free from external control, with a government of their own, and alterable (i.e. could be changed) by the ones who formed it. Based from this definition, we have the following elements of States, which could also be considered as requisites for its existence:

ELEMENTS OF THE STATE

1. 2. 3. 4.

People (the population residing within the state territory) Territory (a finite, if not elastic boundaries, beyond which lie other states) Government (the aggregate of authorities which rule the state) Independence (freedom from f rom external externa l control, control , which presupposes recognition from other States) 5. Sovereignty (refers to the right of the state for self determination, or to put it simply: the right of the State to manage or decide its own domestic affairs – we shall discuss this later)

STATE DISTINGUISHED FROM NATION






























“Nation“Nation -State” is therefore different from “State”. Nation -State refers to a community of men and women who share a common sense of history and culture, living in a definite territory, who has a government of their own, and free from external control. Considering all these, we could therefore reasonably say that: 1. Before a State could exist, the existence of a nation (within the territory of the State) must be presupposed (at least one nation of men and women). 2. There can be a nation even without a state state (e.g. the case of the Moros in Mindanao, the case of Quebec in Canada, the East Timorese in Indonesia prior to their independence, the Jews prior to WWII, the Palestinians prior to early 2000, etc.).

STATE DISTINGUISHED FROM GOVERNMENT

We already know that “government” is one among the elements of the State (and hence, not really the same with it). However, for purposes of clarity, let us spell out the difference between the two: 1. Government changes, the State lingers through. In the Philippines, the government changes every six years, or every time people overthrow it during EDSA’s (we have two (in 1986 and 2000), plus another two (in 2001 and 2006) if you simply count the incidence of people going to the Edsa Shrine shouting chants God-onlyknows-what). However, amidst these changes, the Philippines, as a state, remains as a State - that is, as an entity that is both sovereign and Independent. It is also correct to point out that we could change the form of
































In the 70’s there was no Palestinian State yet (but the Palestinian people, through the Palestinian Liberation Organization (PLO), seek this, and their struggle against Israel has caused a lot of troubles in the region then). However, even with the absence of a Palestinian State, the Palestinian liberation Organization (PLO) was afforded by the United Nations a seat in the General assembly, which for many observers, is tantamount to recognizing a government but not a State.

3. The state is an ideal person (i.e. self-sufficient) while the government is just one of its mere instruments.

THE BASES OF STATE

THE PHYSICAL BASIS OF STATE

There are two: Territory and People. Territory – – includes lands and all inland bodies of water and the sea within the three (3) mile limit of its shores. Territory of States can decrease or increase through: Discovery (As in the case of Spain with the Philippines), Conquest (As






























The Social Contract Theory

It puts forward the idea that the state is a product of social compact or agreement among people originally living in a state of nature . Hobbes, Locke and Rousseau are the pioneers of this state theory. Thomas Hobbes, “The Leviathan” : Men are forced to enter into a social contract because there was was a need for power and for security in the State of Nature. The mutual transferring of rights is called contract. In a state of nature, man is in a condition of war. Life in the state of nature is short, nasty, and brutish and this forces men to look for the Leviathan or the absolute ruler who will help them transcend the state of nature. The leviathan is the origin of governments which makes States possible. John Locke: “Two Treatises of Government”: Unlike Hobbes, Locke claimed a more peaceful state of nature. According to this theory, man in the state of nature is already rational and understands the laws of nature. But since there are no bodies of person who can decide whenever conflicts arise, or no one has the right to formulate a common law that is binding to all men, people existing in the state of nature are predisposed to form governments to address this






























Instinctive Theory

This theory claims that political institutions are but the objective expressions of the instinct of men for association. Aristotle, in his book “The Politics”, claimed that it is natural for men to join or to form association because man by nature is a social animal. Man’s nature is the force behind the creation of the first families, which later developed into communities, then into the city-states, and finally, to the modern States. However, It is important to take note that for Aristotle, there’s another instinctive basis for the formation of human associations: “self “self -sufficiency”, or the instinct of man to satisfy his needs which, without other people, he cannot possibly meet. The city-state already alre ady satisfies the requirement of “self “self -sufficiency”, hence, he does not originally contemplated the necessity of forming large units of association like our modern States today. Following the Aristotelian tradition, St. Aquinas claimed that men are not only social animals but also political animals who naturally play politics. The state is therefore natural, since it is a product of man’s instinct for association.






























of other men and this predisposes them to form associations. These associations will later develop into states. Aristotle’s Aristotle’s idea of “self -sufficiency” should also be recalled here. The Historical Or Evolution Theory

The State is a product of long history of development. As compared to theoretical theories, historical theory is the only theory that can be validated by facts; hard evidence such as historical records and other artifacts support the development of primitive societies to the modern day state. However, this theory has its limitations. It cannot, for instance, account for the first-ever first-ever “coming together” of men and women to form the very first stage of State development. What it could only discuss is when this event has already taken place. What made the first wondering men and women finally decided to stay in just one place and form the first State? The answer to this question falls in the realm of speculative theories. Noting this, we now discuss in detail the Historical Basis of the Modern States THE HISTORICAL BASIS OF THE MODERN STATES






























The Roman City-state, because of its more complex and effective organization, has proved to be more powerful than the Greek City-states. It is also important to take note that the contribution of Rome to the modern political Thought is more on its legal institution rather than its political theories. The Roman Imperial State

The Roman City-State has grown to become one of the leading military superpower. Through its impressive and many successful military conquests, the Roman City-state gradually became an empire. Because of its huge territory (covering almost all of Europe and a part of Africa and Middle East) and because of its growing population, the empire necessarily required a system that could assure Unity, Organization and Law and Order. The Romans had been successful in developing efficient system of governance and it maintained this for many centuries. The Empire lasted for 500 years (5 centuries) in the west and for 1,500 years (15 centuries) in the East. When the Romans Empire fell, out from its ashes arose the feudal states of medieval Europe.
































(i.) (ii.) (iii.)

Legitimacy – Legitimacy – “All states have the right to exist.” Sovereignty – Sovereignty – “No authority higher than the state exists.” Duties – “States must observe certain rules of behavior in their interactions with other state, respecting, among many other things, the sover eignty eignty of other States.”

These concepts were widely accepted and paved the way for the first proliferation on Nation-States. Colonies adopted these concepts and broke away from the traditional empires (e.g. the case of America, formerly known as the “New World”, from Great Britain) and small territorial units were also transformed into Nations-States. The growing consciousness of men about Self-Determination further accelerated the






























(b.) Comprehensiveness – – it claims the inclusion of all elements within the jurisdiction jurisdiction of states. states. (c.) Exclusiveness – Exclusiveness – it it claims that sovereignty is enjoyable only by a state – it – it is something which cannot be shared. In short, sovereignty is monopolized only by a single state. (d.) Absoluteness – – the sovereignty or the supreme power or authority is totally assumed by state. Sovereignty follows the principle of all or Non Principle – Principle – all all of sovereignty or none of it. (e.) Inalienability – Inalienability – it it claims that sovereignty cannot be transferred. (f.) Unity – – it claims that sovereignty is characterized by only one will. This one or general will of the people as expressed by the State. Acquisition of Sovereignty






























THE RIGHTS OF STATES

Modern State is cloaked with the following rights, which as we have previously noted somewhere, began in the Westphalian international law. (i.) (ii.) (iii.)

(iv.)

Right of Existence Right of Independence Right of Equality (that nation states are presumed to have equal status, and thus expects equal treatment in the community of nations) Right of of Property (that states is a legal entity that has a right to own particular things within its territories, if such ownership






























(iv.) (v.)

As a means for collective Security (e.g. North Atlantic Treaty Organization NATO). As a peacekeeper (United Nations).

Thus, the World State was established to provide mechanism for international cooperation and for the protection of National Sovereignty of individual States. The World State promises a better way of settling international disputes and the avoidance of a new and probably the last World war.

RECOGNITION OF STATES






























The Family of Nations

The Family of Nations refers to an international community composed by different nation-states interacting with each other following a set of rules or is regulated by known and accepted set of international laws. Originally, the Family of Nations is composed by European nation-states. But gradually, after some colonial territories declared their independence (and won their independence) like the case of the United States of America, the Family of Nations started to accept non-European States. The Family of Nations can be traced in the Peace of Westphalia. After World War I, the Family of Nations was was known as the League of Nations and after the Second World War, it was known
































Recognition of revolting Territories

Recognition of revolting territories is delicate case. Nation-States go to war once






























(2.) There is no legal duty to recognize de facto state. However,






























CHAPTER 4 THE CONCEPTS OF GOVERMENT






























The rules of the government (i.e. laws) are above any rules of social organizations.

Rules of one social organization may conflict with that of other social organization






























B. BASIC TASKS AND TOOLS OF GOVERNMENT

(1.) State Security and Defense














































































































































































































































































































































































































































































































































































































































































































































































































































administrative branches with a view to determining their efficiency; and (iii) those that seek primarily to inform and mold public opinion (Rivera 1962). Each chamber has rules governing inquiries in aid of legislation. Anyone who fails or refuses to attend a legislative investigation upon proper summons may be punished for contempt of court (Arnault vs. Nazareno, 87 Phil 29, [1950]). Questions that may be raised in a legislative inquiry need not be relevant to any pending measure. They need only be germane to the subject matter of the investigation, as the proceedings may result in a proposed legislation based on the findings of the investigating committee. In effect, virtually nothing is immune from legislative investigation. Under the Rules of the House governing Inquiries in Aid of Legislation, not even the filing or pendency of a case before any court, tribunal, or quasi-judicial or administrative body can stop or abate any inquiry. Legislative power also embraces the power to summon heads of executive departments to appear and be questioned before Congress in plenary sessions on any matter pertaining to their departments, through the conduct of a question hour (Section 22, Article VI, of the Constitution of the Republic of the Philippines). Like the power of investigation, this power strengthens legislative oversight or congressional watchfulness over an executive department to ensure that laws are effectively implemented and enable the legislature to formulate remedial measures, should laws fail to respond to the needs they were intended to address. Power of Appropriation

According to Section 25, Article VI, of the Constitution Constitution of the Republic of the Philippines, Congress may not increase the budget recommended by the president for the operation of the Government. Congress can, however, reduce the same, provided that the budget of the Judiciary will not be reduced to a level lower than the preceding year’s appropriations ( Section 3, Article VIII, of the Constitution of the Republic of the Philippines). Moreover, to be valid, an appropriation must be for a public purpose and not for the benefit of any private individual or interest. The sum authorized to be released must be determinate or determinable. Even discretionary funds should be disbursed for public purposes only and supported by appropriate vouchers. According to the Constitution of the Republic of the Philippines, 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 appropriations law for their respective offices from savings in other items of their respective appropriations. But any transfer of funds from one branch or department to another by the president subverts the




























Power of Taxation

Congress alone exercises the power of taxation. Members decide what to tax, how to tax, and how much tax will be imposed. The president only exercises such tax powers as may be delegated by Congress. Without legislative authorization, the president cannot increase or reduce taxes or diminish or expand the coverage of tax laws. The power of taxation is circumscribed by constitutional mandates stating that taxation shall be uniform, equitable, and progressive (Section 28 (1), Article VI, of the Constitution of the Republic of the Philippines). Uniformity in taxation means that people or things belonging to the same class shall be taxed at the same rate. Equality in taxation means that the tax imposed should be determined on the basis of the value of the property taxed. To be equitable means that the tax burden should be imposed on the basis of a taxpayer’s capacity to pay. A progressive system of taxation is essentially an equitable system of taxation and is suited to the economic conditions of the people. War Power and Power of Concurrence

Congress, by a vote of two thirds of both houses, in joint session assembled, voting separately, has the sole power to declare the existence of a state of war (Section 23 (1), Article VI, of the Constitution of the Republic of the Philippines). The war power of Congress proceeds from a recognition that war has already begun or has been provoked by the enemy, and Congress is only affirming its existence. Any amnesty granted by the president and any treaty or international agreement the president entered into in behalf of the Government becomes valid and effective only upon concurrence of at least two thirds of all the members of the Senate (Section 19 and Section 21, Article VI, of the Constitution of the Republic of the Philippines). The Constitution of the Republic of the Philippines does not distinguish between a treaty and an international agreement. Both are subject to the power of concurrence of Congress through the Senate. This underlies controversies on the validity of the Mutual Logistics and Support Agreement Agreement between the the United States States and the the Philippines. Philippines. Billed as an an executive executive agreement, it is, nonetheless, an international agreement that, under the Constitution of the Republic of the Philippines, requires Senate concurrence to be valid. Impeachment Power

Cruz (1998) writes that impeachment is a method of national inquest into the conduct of public men. In reality, however, except where there is a strong public




























of an official who has incurred the hostility of the party in power, or even a hyperactive minority. In the Philippines, the impeachable officers are the president, vice-president, members of the Supreme Court, members of constitutional commissions, and the ombudsman (Section 2, Article XI, of the Constitution of the Republic of the Philippines). The list is exclusive and may not be increased or reduced by legislative enactment. The grounds for impeachment are culpable violation of the Constitution of the Republic of the Philippines, treason, bribery, other high crimes, graft and corruption, or betrayal of public trust. Culpable violation of the Constitution of the Republic of the Philippines is the willful, wrongful, and intentional disregard of the same. Treason is committed by any person who, owing allegiance to the Philippine Government, levies war against it or adheres to its enemies, giving them aid and comfort (Article 114 of the Revised Penal Code (Republic of the Philippines 1938). Bribery is committed by a public officer who agrees to perform any act, whether or not constituting a crime; refrains from performing an act that he or she is officially required to perform, in consideration of any offer, promise, gift, or present received by him or her, personally or through the mediation of another; or accepts gifts offered to him or her by reason of his or her office (Article 210 and Article 211 of the Revised Penal Code (Republic of the Philippines 1938). The term “other high crimes” refe rs to offenses that are of so serious and enormous a nature as to strike at the very life of the orderly workings of the Government. Graft and corruption are understood in the context of the Anti-Graft and Corrupt Practices Act in force at the time of the adoption of the Constitution of the Republic of the Philippines. Betrayal of public trust is a new ground for impeachment intended as a catch-all provision to cover all offenses unbecoming a public functionary that are not punishable under criminal statutes, such as inexcusable negligence of duty, tyrannical abuse of authority, cronyism, favoritism, and obstruction of justice (Volume 2, p.272 of the Records of the Constitutional Convention). The House of Representatives has the sole power to initiate impeachment by a vote of at least one third of its members. Under the House Impeachment Rules following the Supreme Court ruling in the case of Francisco, et al. vs. the House of Representatives (General Record [GR] No. 160261,10 November 2003), impeachment is initiated when the complaint is filed and referred to the Committee on Justice. Within 1 year from the time impeachment is initiated, no impeachment complaint can prosper against the same official. An impeachment complaint may be filed through a verified complaint of a member of the House or through a verified complaint of any citizen that is endorsed via a resolution by a member of the House. These complaints are processed by the Committee on Justice, which determines the sufficiency in form and substance of such




























the Senate, serving already as the articles of impeachment, the complaint must be subscribed to and signed by at least one third of the members of the House upon its filing.47 In the impeachment trial, the House, through a committee of 11 members (selected from among those who voted in favor of the impeachment), acts as the sole prosecutor in the impeachment case (The impeachment complaint against President Joseph Estrada, which was directly transmitted as articles of impeachment to the Senate through the action of then Speaker Manuel Villar, was not subscribed to and signed by one third of the total members at the time it was filed, as required by the House Impeachment Rules. Said complaint was appropriately filed as a complaint accompanied by a resolution of endorsement of a House member, which requires a finding of sufficiency in form and substance by the Committee on Justice, and approval by the House in plenary before it could be transmitted, together with the articles of impeachment, to the Senate). When the president is on trial, the chief justice of the Supreme Court presides but shall not vote. A conviction requires the concurrence of two thirds of all members of the Senate. Impeachment proceedings are judicial and penal in character. Thus, the rights of the accused to due process and against self-incrimination must be respected. The Rules of Court, while not strictly applicable, are, nonetheless, observed. As in ordinary criminal actions, proof beyond reasonable doubt is necessary for conviction (Cruz 1998). A judgment of conviction is not subject to judicial review. The official so convicted is not subject to the pardoning power of the president. Amendments to or revision revision of the Power to Amend the Constitution. Amendments Constitution of the Republic of the Philippines may be proposed by Congress by a vote of three fourths of all its members. By a vote of two thirds of all its members, Congress can call a constitutional convention, or by a majority vote of all its members, submit to the electorate the question of calling such a convention. Amendments refer to piecemeal changes, while revision entails a wholesale rewriting of the document. Any amendment or revision must be ratified by a majority of votes cast in a plebiscite, which shall be held not earlier than 60 days or later than 90 days after the approval of such amendment or revision. THE JUDICIAL BRANCH

Judicial power is vested in the Supreme Court and in lower courts as may be established by law. Section 1, Article VII, of the Constitution of the Republic of the Philippines states that judicial power includes the duty of the courts of justice to settle actual controversies involving rights that are legally demandable and enforceable and the power of judicial review to determine whether or not an abuse of discretion occurred that amounted to a lack or excess of jurisdiction on




























of age or cannot discharge their duties due to incapacitation. Judges are chosen from a list of nominees prepared by the Judicial and Bar Council, whose principal function is to recommend appointees. The Supreme Court exercises original jurisdiction over cases affecting ambassadors and other public ministers and consuls and petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. The Supreme Court has appellate jurisdiction over final judgments and orders of lower courts in such cases as are enumerated in the Constitution of the Republic of the Philippines. It promulgates rules on pleading, practice, and procedure in all courts and admission to the practice of law. Moreover, the Supreme Court exercises administrative supervision over all courts and their personnel. The Constitution of the Republic of the Philippines also vests the Judiciary with fiscal autonomy. According to Section 2 and Section 3, Article VII, of the Constitution Constitution of the Republic of the Philippines, appropriations for the Judiciary may not be reduced by Congress below the amount appropriated for the previous years and, after approval thereof, shall be automatically and regularly released. These sections also state that no law can be passed to reorganize the Judiciary when it undermines the security of tenure of its members. CONSTITUTIONAL COMMISSIONS

The constitutional commissions, namely the Civil Service Commission, Commission on Audit, and Commission on Elections, are empowered to appoint their own personnel in accordance with law, exercise fiscal autonomy, and promulgate their own rules concerning pleadings and practices before them or before any of their offices. The Civil Service Commission, headed by a chairperson and two commissioners, is the Government’s central personnel agency and is tasked with establishing a career service, strengthening the merit and rewards system, integrating all human resource development programs, and institutionalizing a management climate conducive to public accountability in the bureaucracy. The Commission on Audit, headed by a chairperson and two commissioners, examines, audits, and settles all accounts pertaining to the revenue and receipts of, and expenditures or uses of, funds and property owned and held in trust by the Government. The Commission on Elections, headed by a chairperson and six commissioners, enforces and administers all laws and regulations relative to the conduct of elections, plebiscites, initiatives, referenda, and recalls. The Constitution of the Republic of the Philippines provides for the evolution of a free and open party system according to the free choice of the people.






























LOCAL GOVERNMENTS & AUTONOMOUS REGIONS

The territorial and political subdivisions of the country are barangays (smallest local government units). The barangay is the basic political unit. A group of barangays forms a municipality or a city. A city may be classified as a component or a highly urbanized city, depending on its population and income level. A group or cluster of contiguous municipalities or municipalities and component cities comprises a province. At present, there are 41,943 barangays, 1,495 municipalities, municipalitie s, 115 cities, and 79 provinces. Barangays are created by ordinances passed by city or municipal sanggunians (councils). Laws enacted by Congress create municipalities, cities, and provinces. The creation of a local government or its conversion to another type is based on three criteria: income, population, and land area. Under the 1991 Local Government Code, barangays serve as the primary planning and implementing units of government policies and forums where collective views may be expressed and disputes amicably settled. The municipality and the city are general-purpose governments that coordinate and deliver basic, regular, and direct services to their inhabitants. A province is a political and corporate government unit providing a mechanism for development processes and effective governance. Local government powers are vested in officials who are elected to serve 3-year terms. Chief executives are the punong barangay (barangay chairman), municipal mayors, city mayors, and provincial governors. The legislative bodies are the sangguniang barangay (barangay council), sangguniang bayan (municipal council), sangguniang panglungsod (city council), and sangguniang panlalawigan (provincial board). Local governments enjoy local autonomy, with the president exercising general supervision over them. Provinces, with respect to component cities and municipalities, and cities and municipalities, with respect to component barangays, also exercise general supervision over their component local






























Here are the summary of other information you may want to know about Local Governments in the Philippines (for a more specific discussion of the following, consult the Local Government Code of 1991): ELEMENTS OF A LOCAL GOVERNMENT

(1) Defined area (2) Population (3) Continuing Organization. (4) Authority to undertake and power to carry out public activities.

MUNICIPAL CORPORATION

It refers to a public corporation created by the government for political purposes and having subordinate and local powers of legislation. It consist of six (6) elements: (1) Legal creation or incorporation. (2) Corporate name (3) Inhabitants (4) Place or Territory (5) Charter (6) Legislative Power FIVE LEVELS OF LOCAL GOVERNMENTS IN THE PHILIPPINES

(1) Barnggay (2) Municipality (3) City (4) Province (5) Region






























(c) Improvement Improvement of morals (d) Maintenance of peace and order (e) Preservation of the comfort and convenience of the inhabitants. (f) Exercise the right of eminent domain (See discussion on Art. III Sec. 9 on the general powers of the government). (g) Has the power to create its own sources of revenue and to levy taxes. 4. Legislative Powers (a) Has the power to make laws (Sangguniang Pambaranggay for Baranggay ordinances; Sangguniang Panlalawigan for Povincial ordinances; Sanggunian Panlunsod for city ordinances; Sanggunian Bayan for municipal ordinances) legislature also takes the form of resolutions, and excecutive orders from the different levels of the Local Government. (b) Directional Powers Refers to the power to establish fiscal policy through the local budget; makes plans for capital improvement; adjustment of departmental organizations; establishment of personnel policies, etc. (c) Executive Powers (in the Legisltative Powers) Refers to the power to confirm or reject the mayor or governor’s appointment to the position of department heads. (d) Administrative Powers Refers to the power to: (1) review ordinances,

resolutions,

executive

orders






























(g) Conduct of investigation 2. Administrative Powers (a) Departmentalization Departmentalizat ion of the local administrative mechanism to simplify administrative processes. This is according to: (i) by purpose (ii) by process (iii) by area clientele

THE ROLE OF LOCAL GOVERNMENT AT VARIOUS LEVELS

(a) The Baranggay Task: “To broaden the base of citizen participation in the democratic process and to afford ample opportunity for the citizenry to express their view on important national issue.” Role: “ To constitute the base for citizen participation in governmental affairs and the collective views of the people in the Baranggay shall be considered in the formulation of national policies and programs and, whenever practicable, shall be translated into concrete and specific decisions.” (PD No.86, 1972; PD No.86-A1973) (b) The Municipality Serves as the general purpose for the coordination and delivery of basic, regular, and direct services within its jurisdiction. (c) The City






























Establish as an intermediary political tier between the national and the local units.

CENTRAL – LOCAL GOVERNMENT RELATIONSHIP

In a unitary system of government like in the Philippines there is no intermediary level of authority established between the national government and the LGs. The national government exercises general supervision over the LGs. Therefore, local authorities are directly responsible to the national government.

Central-Local government relationship may be examined in terms of decentralization and distribution of government powers, central government supervision over local governments and relationship of national field offices with local governments.
































CHAPTER 8: PHILIPPINE POLITICS & GOVERNANCE: ISSUES & CHALLENGES Improving government performance administration. The absence of good countries— countries —especially in the third world reduction and in their quest for Accountability Accountability plays a very crucial role 1995).

is the battle cry of every political governance is the reason why many continue to fail in their efforts at poverty economic and human development. in good governance governance (Healey (Healey & Tordoff ,

Our bid for good governance stretched back since we gained our independence as a nation. The later part of 1990’s witnessed the most recent attempt with the Ramos administration’s plan to reengineer the bureaucracy and set the guiding principles for reorganizing and improving government operations (World Bank & Asian Development Development Bank, Ban k, 2002). Then came the Estrada administration’s






























THE PHILIPPINE ELECTORAL PROCESS

In the Philippines, problems concerning accountability – in – in all its aspects – have – have its genesis in the very beginning of a supposedly democratic process: elections. Cheating is a well-developed art in Philippine elections. Local politicians are adept at manipulating the process from beginning to end. Cheating begins during the registration process when politicians work to remove supporters of competitors and pad the voters list with "flying voters" (those who vote more than once in several precincts). During the campaign "guns, goons, and gold" are used extensively to intimidate competitors' supporters, and to literally buy support. Cheating does not end at the time of the actual election. Election return canvassers, often public school teachers are bribed to manipulate the results. If cheating before and during the election is "retail" cheating, at the canvassing stage it is "wholesale" cheating which occurs. Now, if a public official wins by “cheating” his mandate to lead, how could one expect him to lead with full sense of accountability? Another problem is electoral finance. If in the past patron-client ties limiting effective participation by the electorate was the most serious problem corrupting democratic representation, today rapidly growing election campaign expenses is the key problem (Rocamora, 1998). To win Philippine elections, candidates have to spend thrice: once to get nominated (that is, to gain the support of lower level






























This vicious cycle of elite democracy, money politics and poor governance prevails today more than ever. It has distorted public policies and weakened public institutions by undermining its decision-making and continuously threatening its integrity and autonomy. Election education and information campaign are weak and have repeatedly failed to improve the quality of citizen involvement in the electoral processes, and/or to ensure the election of quality leaders.

THE PROBLEM WITH IMPEACHMENT

When the highest officials of the government are accused of graft and corruption, they can be removed from office through impeachment. The Constitution lists the following impeachable officials: the President, the Vice President, justices of the Supreme Court, officials of the Constitutional Commissions and the Ombudsman. The following are among the grounds for impeachment:

1. Culpable violation of the Constitution 2. Bribery 3. Graft and corruption






























and COMELEC Commissioner Luzviminda Tancangco. Three impeachment complaints have been filed against Desierto during his seven year term, the last two in his last years in office and within months of each other. These complaints, however, were still within bounds of the Constitutional provision that limits impeachment complaints to only one per year. The second impeachment complaint against Desierto was filed in late 2001, the third in early 2002. In all these “few” cases, Congress has been criticized for its failure to use its power of impeachment. These made the public think that the House has no moral and political will to exact accountability from erring public officials. The intricacies of filing and initiating impeachment proceedings do not have public appreciation. Technical requirement that must be fulfilled is perceived by most people to render the whole process unreal. Without a resolution of endorsement from a house member, a verified complaint for impeachment cannot be filed, as in the case of the impeachment complaint of Linda Montayre and the People’s Coalition against President Gloria Macapagal -Arroyo. Even when impeachment complaints are properly filed, requisite formal procedures must be complied with to make the process legitimate and effective. Moreover, Congress is a political, not a judicial, body. Therefore, partisan, political, or pragmatic considerations come into play. The ruling party or coalition may be protective of a member or a leader of its political fraternity, or initiating impeachment proceedings against a particular official may not be politically






























sentenced him to life imprisonment for gun running. He served time, but was released years later due to failing health. As a rule, the house, through the Ethics Committee, glosses over its members’ misdeeds or launches token investigations of them, but hardly metes out any sanctions or penalties. Twice in the past, the Committee has failed to investigate allegations of bribe taking. In 1996, Quezon City Rep. Michael Defensor claimed to have received a P200,000 bribe from Benpres Holdings, the parent company of First Philippine Holdings, which was vying for a contract to rehabilitate the North Luzon Expressway. The house Ethics Committee investigated the allegation, but the inquiry turned into a investigation of Defensor himself, who backed down from his allegations, saying he could not go against a giant like Benpres, which also owns the broadcast network ABS-CBN and the utilities firm Meralco. In 2000, party-list representatives Renato Magtubo and Etta Rosales accused the House leadership of giving each congressman bribes amounting to as much as P500,00 in exchange for approval of the Omnibus Power Bill. Both lawmakers sought an independent investigation of their allegations and refused to recognize the Authority of the House Ethics Committee, saying that the majority of the 25member committee were were likely recipients of the payola. No independent investigation of the matter was ever conducted.
































balato to charity, and made a show of giving the money back. Reacting to a public outcry that the two lawmakers be investigated, the Senate Ethics Committee said it was looking into the possibility of an inquiry to the balato fiasco. It never did conduct an investigation. In late 2001, the Senate Ethics Committee cleared Senator Rene Cayetano of the allegation that he had profited from the sale of stocks of BW Resources at a time when the Senate was already investigating the firm for alleged insider trading. Dante Tan, a crony of former president Joseph Estrada, headed BW BW Resources at the time. During Estrada’s impeachment trial, Cayetano himself admitted having invested in BW and having raked in profits of P60 to P70 million pesos. The Senate ethics Committee launched an investigation into Cayetano’s impropriety, but it eventually dropped it and cleared the Senator, purportedly because the Committee could not get Tan to appear and substantiate the






























Its hearings, however, have been branded as inquisitorial, with committee members accused of playing up to the media and abusing their powers, rather than trying to get to the bottom of the issues. Public perception is that legislative investigations are conducted for purposes other than exacting from government officials and agencies concerned, accountability in the performance of their duties and in the use of public resources. Solons are seen as using investigations for grandstanding, to get back at those who earned their displeasure, or to wangle concessions, financial or otherwise, from parties subjected to investigation. investigat ion. And this public perception is not without “scientific” basis. Of the 991 resolutions filed in the 11th Congress seeking legislative inquiry, only 70 were reported out. This means that of the total number of investigations conducted, a mere 7% thereof were completed or resulted in specific findings relative to the subject of the inquiry. Of the 70 reports, 22 were archived, which means that Congress is not pursuing any legislative action on






























it deserves next year’s fund. In reality, however, lawmakers use the budget process for their own purposes. An example would be the Budget Law of 1989, in which lawmakers allowed the appropriation of funds for the vaguely worded “miscellaneous and extraordinary expenses” – a clear sign of their intention to breach their duty to observe fiscal accountability. Much of the decision – making – making that goes into crafting the national budget comes from Congress, specifically the House of Representatives where the President first submits his or her budget for approval. The Constitution states: “All appropriation, revenue or tariff bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.” Although the final word on the budget belongs to the President, President, disagreements disagreements between Congress and the Chief Executive have not been difficult to iron out.






























background, educational attainment, and statements of assets and liabilities. The CA’s Appointments Review and Investigation Division, or ARID, also prepares a report on the nominee nominee for the CA members’ perusal. But a PCIJ investigation found that CA members hardly bother to read documents pertaining to a candidate and shows interest in a presidential nominee only when they need favors from him or her. The fate of a presidential nominee is usually determined, not by the Commission on Appointments itself, but by whoever is president, with the help of members of the ruling party in the CA.

LEGISLATING BEYOND THE WILL OF THE “LEGISLATURE” “LEGISL ATURE”

One other way in which accountability is lost in the legislative chambers is when the “final form” of bills is determined through conference committees to smooth






























CORRUPTION IN THE JUDICIARY

Members of the judiciary are not exempt from charges of graft and corruption. Like men in uniform, they are expected to adhere to strict standards of ethics as dispensers of justice. Section 6, Article VIII, of the Constitution gives the Supreme Court “Administrative supervision over all courts and the personnel thereof.” The Supreme Court sitting en banc exercise disciplinary authority over judges in the lower courts, including those in the regular courts, special courts, the Court of Appeals, and the Sandiganbayan. Sandiganbayan. Investigations against these judges are “private and confidential” although a recent amendment to rule 140 of the Rules of Court, which defies disciplinary
































The Supreme Court, however, dismisses many cases against judges because these are viewed as “flimsy and frivolous,” says Ismael Khan, public information officer of the Supreme Court. The high court does not discount the possibility that charges against judges are filed by litigants who, unhappy with the judges’






























THE COST OF ABANDONING






























CHAPTER 9 CONSTITUTION & CONSTITUTION






























decisions together with a smaller body of statutory enactments of a fundamental character. (3.) Manner of Amending






























(a.)Constitutions (a.) Constitutions that “gives” right – it implies that the government had also the powers to take away these rights. (b.)Constitutions (b.) Constitutions that “recognizes” rights – rights are not given; they are























































































































































































































































































































































Politics and Governance

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