Philippine Government

and the Constitution

Mike Antonio
MICROSOFT CORPORATION  
 Philippine Government and the Constitution

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 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

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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 as to be without conflict. Even if there is wide consensus on what the community’s
goals should be, conflicts frequently arise over how to go about achieving them. Indeed, many
political observers would assert that conflict is the driving force of politics.

The 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.

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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

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.

Aristocracy-one in which political power is exercised by a few privileged class, which is known
as the aristocracy or oligarchy

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:

Unitary Government: one in which the control of national and local affairs is exercised by the
central or national government

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:

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

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

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overthrown but the state remains. The state has four components and these are territory,
sovereignty, government and people.

Elements of the state:

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

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.

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.

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

Origins of the state:

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

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

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

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:

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 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. The state is not subject to
external control while a nation may or may not be independent of external control. 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:

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. 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 -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.

Influence - is the ability to affect the content of decisions through 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.

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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 public’s reluctance towards further tax rises is surpassed only by its resistance to
cutbacks in public spending. In a governance perspective, we see governments essentially unable
to transform the economy; expenditures patterns are politically sensitive and administratively
locked in while taxes and other revenues must be handled with great political caution.
Governments have not been totally inert. They have fund that consumption taxes provoke less
resistance than do income taxes and they have also found that fees and taxes linked to specific
expenditures are palatable to the public, but the state still encounters public skepticism about
raising revenue.

Within this context, governance has become an attractive philosophy and political strategy. By
involving private actors and organized interests in public service delivery activities, governments
have attempted to maintain their service levels even while under severe budgetary constraints.
By blurring the private and public distinction, the state’s problems in managing its affairs are
portrayed more as a matter of the tasks and challenges the state is facing rather than a
consequence of poor public management. Governance in this perspective is used to provide the
acceptable face of spending cuts. In an era when government has increasingly become equated
with slow bureaucracy and a collectivist political thinking, incorporating private sector
management thinking and diversifying public service delivery have emerged as an attractive
strategy.

Strong governance means the exercise and assumption of political, economic and administrative
authority to reconcile the interests and welfare of every sector of society. It also means
mobilizing their respective strengths while liberating them from their weaknesses. Government
must be both minimalist and interventionist. On the one hand, it assumes a minimalist role in the
conduct of business if it is to acknowledge that it is the private sector that serves as the engine of
growth. This is the reason for liberalization, privatization and deregulation. On the other hand, it
must intervene actively if the market solution is inappropriate to address the interest of the poor,
the powerless and the so called marginalized sectors which include the workers, farmers,
fishermen and indigenous communities. Government must 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,

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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 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 country’s 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:

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.

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.

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

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clear procedures for public decision making and open channels of communication between
stakeholders and officials and make a wide range of information accessible.

Responsiveness: institutions and processes try to serve all stakeholders

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.

Equity: all men and women have opportunities to improve or maintain their wellbeing.

Effectiveness and efficiency: Processes and institutions produce results that meet needs while
making the best use of resources.

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.

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.

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The Constitution of the Philippines serves as the written instrument by which the fundamental
powers of the government are established, limited and defined and by which these powers are
distributed among several departments or branches for their safe and useful exercise for the
benefit of the people.

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:

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.

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.

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.

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The Preamble sets down the origin and purposes of the Constitution. While a preamble is not a
necessary part of a Constitution, it is advisable to have one. In the case of the Philippine
Constitution, the preamble which is couched in general terms, provides the broad outline of, and
the spirit behind, the Constitution.

The Preamble is a statement of the ideals and aspirations of the people through their duly elected
representatives – the framers of the Constitution. In the case of the 1987 Constitution, the
framers intended the preamble to express the spirit and ideals that animate the provisions of the
body of the Charter. The Preamble is a kind of vision/mission statement for the country. It
contains the values that our nation desire for our country, government national life and individual
life.

It serves two important aims: 1) it tells us who are the authors of the Constitution and for
whom it has been promulgated; 2) it states the general purposes which are intended to be
achieved by the Constitution and the government established under it, and a certain basic
principles underlying the fundamental charter.

The Preamble may serve as an aid in the Constitution’s interpretation. The Preamble has a value
for purposes of construction. The statement of the general purposes may be resorted to as an aid
in determining the meaning of vague or ambiguous provisions of the Constitution proper.

THE 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), water (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 personal property, located within the territory, are subject
to the supreme authority of the state.

DECLARATION OF PRINCIPLES AND STATE POLICIES

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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.

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 constitution’s mandate in order to in the hearts and minds of the people in
the efforts to resolve the long drawn insurgency problem and fulfill its crucial task as an effective
guardian of the nation’s safety against any threat to its existence, either foreign or domestic. The

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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 citizen’s 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.

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 man’s life and the state in purely matters of religion and morals which are
exclusive concerns of the other. The demarcation line calls on the two institutions to “render onto
Caesar the things that are Caesar’s and unto God the things that are God’s”. This is not as simple
as it appears for the exact dividing line between the respective domains or jurisdictions of the
Church and the state has always been the subject matter of much disagreement. The term Church
as in the Constitution, covers all faiths.

A wall of separation between the Church and the state means that:
The state shall have no official religion;
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;
Every person is free to profess belief or disbelief in any religion;
Every religious minister is free to practice his calling; and
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 state’s 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 country’s
relations with other countries of a foreign policy that revolves only on our relations with select

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members of the 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.

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.

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Human life is commonly believed to begin from the moment of conception when the female egg
and the male sperm merge in fertilization. From that moment, the unborn child is considered a
subject or a possessor of human rights. He has a basic human right to life which the State is
mandated to protect, along with infants and children. In short, once conceived, a child has a right
to be born. The provision protecting the unborn prevents the possibility of abortion being
legalized by future legislation. It manifests the constitution’s respect for human life.

Section 13: The State recognizes the vital role of the youth in nation building and shall promote
and protect their physical, moral, spiritual, intellectual and social well-being.

It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in
public and civic affairs. The youth constitute a rich reservoir of productive manpower.
Recognizing their vital role in shaping the country’s destiny, the Constitution lends its support to
the promotion of their welfare. By harnessing their enterprising spirit and progressive idealism,
young people can become effective players in our collective effort to build a modern Philippines.

Section 14: The State recognizes the role of women in nation building and shall ensure the
fundamental equality before the law of women and men.

The traditional view that the role of women is primarily child bearing and child rearing should be
abandoned. While the social role of women as mothers and household managers is recognized,
the state should formulate strategies to expand women’s participation in non-household and
productive activities and thus make them direct contributors to the country’s economic growth.

Women constitute more than half of the population, a powerful political and economic in society.
By their number, it is only right that their voice be heard on matters affecting their welfare and
the country as whole; it is simple justice that they be given a legitimate share with men in
leadership and major decision making process at all levels and in all spheres of human activity
outside their homes.

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.

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Section 17: The State shall give priority to education, science and technology, arts, culture and
sports to foster patriotism and nationalism accelerate social progress and promote total human
liberation and development.

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

Section 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 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.

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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.

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.

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THE BILL OF RIGHTS

The bill of rights may be defined as a declaration and enumeration of a person’s 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

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only after trial. An indispensable requisite of this aspect of due process is the requirement of
notice and hearing.

Substantive due process, which requires the law itself, not merely the procedures by which the
law would be enforced, is fair, reasonable and just. In other words, no person shall be deprived
of his life, liberty or property for arbitrary reasons.

Life as protected by due process means something more than mere animal existence. The
prohibition against its deprivation without due process extends to all limbs and faculties by which
life is enjoyed. Liberty, as protected by due process of law, denotes not merely freedom from
physical restraint.

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 or 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:

a. It must be issued upon probable cause;

b. The probable cause must be determined personally by the judge himself;

c. 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;

d. The warrant must particularly describe the place to be searched and the persons or things
to be seized.

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.

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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:

a. When in his presence, the person to be arrested has committed, is actually committing or
is attempting to commit an offense;
b. 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;
c. 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 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

19
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 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 one’s taking the law in his own
hands to the great detriment of society.

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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.

Section 4: No law shall be passed abridging the freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble and petition the government for redress of
grievances.

The constitutional freedoms of speech and expression and of the press otherwise known as the
freedom of expression, implies the right to freely utter and publish whatever one pleases without
previous restraint, and to be protected against any responsibility for so doing as long as it does
not violate the law, or injure someone’s character, reputation or business.

It also includes the right to circulate what is published. It is only through free debate and free
exchange of ideas that a government remains responsible to the will of the people and peaceful
change is effected. The people must be able to voice their sentiments and aspirations so that they
may become active players in the political process as well as national development.

Section 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.

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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 official 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 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

22
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.

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
another’s 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

23
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: makes an act done criminal before the passage of a law, innocent when done,
and punishes such act; or Aggravates a crime or makes it greater than when it was committed; or
changes the punishment and inflicts a greater punishment than what the law annexed to the crime,
when committed; or
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:

Those who are citizens of the Philippines at the time of the adoption of this Constitution;
Those whose fathers or mothers are citizens of the Philippines;
Those born before January 17, 1973, of Filipino mothers who elect Philippine citizenship upon
reaching the age of majority;
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:

Involuntary method-by birth, because of blood relationship or place of birth

Voluntary method-by naturalization, except in cases of collective naturalization of the inhabitants
of a territory which takes place when it is ceded by one state to another as a result of conquest or
treaty.

Naturalization is the act of formally adopting a foreigner into the political body of the state and
clothing him with the rights and privileges of citizenship. It implies the renunciation of a former

24
nationality and the fact of entrance to a similar relation towards a new body politic. A person
may be naturalized in two ways:
By judgment of the court-The foreigner who wants to become a Filipino citizen must apply for
naturalization with the proper Regional Trial Court.
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:

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

Involuntary: 1) by cancellation of his certificate of naturalization by the court; and 2) by having

been declared by competent authority, a deserter in the Philippine Armed forces in time of war.
The voluntary loss or renunciation of one’s nationality is called expatriation. In times of war,
however, a Filipino citizen cannot expatriate himself.

Reacquisition of lost citizenship:

a. By naturalization, provided the applicant possesses none of the disqualifications provided

in the naturalization law

b. 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
c. 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 Philippine citizenship even if
by the laws of his/her wife’s/husband’s 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 citizenships 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 dual allegiances of citizens. Dual citizenship arises because our laws

25
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:

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.

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 one’s country at all
times and at all costs.

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.

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.

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.

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.

To engage in gainful work -employment is not the obligation solely of the State. Every citizen
should consider it his own 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.

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

26
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:

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.

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.

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.

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.

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:

a. 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. 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.

b. 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

27
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 being 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.

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:

a. A second chamber is necessary to serve as a check to hasty and ill-considered legislation;

b. It serves as a training ground for future leaders;
c. It provides a representation for both regional and national interests;
d. A bicameral legislature is less susceptible to bribery and control of big interests;
e. It is the traditional form of legislative body dating from ancient times; as such it has been
tested and proven.

Disadvantages of bicameralism:

The bicameral set-up has not worked out as effective fiscalizing machinery, although it affords a
double consideration of bills, it is no assurance of better-considered and better-deliberated
legislation. It produces duplication of efforts and serious deadlocks in the enactment of important
measures with the conference committee of both chambers that is often referred to as the Third
Chamber, practically arrogating unto itself the power to enact law under its authority to thresh out

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differences. All things being equal, it is more expensive to maintain than a unicameral legislature.
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)

a. A natural born citizen of the Philippines

b. At least 35 years of age on the day of the election
c. Able to read and write
d. A registered voter
e. 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)

a. A natural born citizen of the Philippines

b. At least twenty-five years of age
c. Able to read and write
d. 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:

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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:

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)

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)

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.

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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.

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:

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
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.

Several members of the Ninth Congress filed bills that could benefit their interest:

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.

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Ilocos Sur Governor Eric Singson filed House Bill 5074, which sought to allow locally made
cigarettes with foreign brand names to be exported and also provided tax rebates for tobacco
manufacturers and traders. Singson’s wife, Candon Mayor Grace Singson, ran a tobacco trading
and hauling business.

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 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
lawmaker’s higher profile tasks of investigating those who they think are breaking laws. Strictly
speaking, Congress conducts inquiries or investigations for the purpose of crafting specific laws,
which is why these are called “inquiries in aid of legislation”.

But it is very easy for a lawmaker to look for some legislative pretext to investigate something,
which is why congressional committees seem to investigate just about anything under the sun.
And if that topic or issue happened to be very much in the news, there is no doubt that a
congressional investigation would soon follow.

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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)

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.

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.

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)

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.

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

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.

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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 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 Aquino’s agrarian reform secretary
nominee. Although it was the House bloc that strongly opposed to her appointment, it was
Senator Juan Ponce Enrile who delivered the biggest blow to her confirmation chances. Enrile
dug up Santiago’s medical records to show that she once had a nervous breakdown.

By passing the nominee: Under the CA rules, the appointee must be confirmed by the plenary
before congress goes on a break. Otherwise, he or she must be re-appointed by the President.
Otherwise, he or she must be reappointed by the President. Repeated bypassing of the nominee is
usually a sign of strong objection to the nomination.

Either the appointee resigns to avoid further humiliation, or the appointing power withdraws the
nomination or does not reappoint the nominee.

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 lawmaker’s pork barrel. From the
budget of an executive office, lawmakers are entitled to identify a project that he would like that
office to finance. But unlike the CDF, the CIA amount varies, depending on the lawmaker’s
political power. A lawmaker who is good at lobbying with cabinet secretaries can rack up
billions of pesos’ worth of government projects.

In the ninth Congress, Gloria Macapagal Arroyo, a first term senator, surprised her veteran
colleagues by managing – quietly but cleverly – to identify a couple of billion pesos in
congressional insertions, the name by which the CIA was known at that time. Admiring and
envious at that same time, Arroyo’s fellow senators were naturally curious as to how and where
the neophyte learned such a trick of the trade. A veteran senator said that it turns out that Arroyo
picked up a few lessons from her father, the late President Diosdado Macapagal, a former
Congressman who was an expert at using the national budget to expand his political clout.

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PDAF replaced the CDF during the 11th Congress and remains in place as of the 2003 budget. It
is a much smaller amount than the CDF, about half the amount per estimates by congressional
staff. But the shortfall is said to be offset by increased CIA insertions.

The general belief in and out of political circles is some lawmakers do make money on pork
barrel funded projects, via some circuitous but very plausible scheme. It has a lot to do with the
way bidding rules and government offices are set up. Under the law, the Department of Public
Work and Highways (DPWH) is the sole agency tasked with implementing pork barrel funded
infrastructure. But since the DPWH cannot physically cope with the construction of all these
roads and bridges, not to mention barangay halls, basketball courts and waiting sheds, it bids out
the projects to private contractors. The bidding s undertaken by DPWH offices in the areas
concerned and, if talk is to be believed, this is where deals are supposedly made. Congressional
staffers familiar with the process say it is easy to rig the bidding process, upon the instance of the
lawmaker or his representative of course, to favor a certain contractor. It is easy to figure out
what happens from there.

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 Congressman’s relative or crony,
or coursed through cooperatives or foundations run by a lawmaker’s 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 elected officials. Areas too
remote to be reached by the national government are served by bridges, roads, or basketball
courts, courtesy of a lawmaker’s pork barrel. The CDF, CIA and PDAF fund projects that
national level agencies often overlook – whether these are computers for a state college or a solid
waste management program for a community. Senator Wigberto Tanada said that pork barrel
allotments ensure that everyone in Congress, not just those who have influence and clout, are
given their fair share of development funds for their constituents and districts.

The Party List 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

35
smaller parties because of this maximum ceiling. This system shall pave the way for smaller
political parties to also win in the House of Representatives.

Party list representatives are considered elected members of the House and as such entitled to the
same deliberative rights, salaries and emoluments as the regular members of the House. They
shall serve for a term or three (3) years with a maximum of three (3) consecutive years.

SEATS AVAILABLE UNDER THE PARTY LIST SYSTEM: Twenty percent (20%) of the
total membership in the House of Representatives is reserved for party list representatives for
every four (4) legislative district representatives. For 1998, there will be fifty-two (52) seats for
sectoral representatives.

NUMBER OF VOTES FOR A PARTY LIST SEAT: A party should obtain at least 2% of the
total votes cast for the party list system nationwide in order to be allocated with one seat; 4% for
two seats; and 6% for three seats in Congress.

ALLOCATION OF PARTY LIST SEATS:

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.
The parties shall be ranked from highest to lowest based on the number and percentage of votes
garnered during the elections.
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:

It is a religious sect or denomination, organization or association organized for religious

purposes.
It advocates violence or unlawful means to achieve its goal.
It is a foreign party or organization.
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.
It violates or fails to comply with laws, rules or regulations relating to elections.
It has made untruthful statements in its petition.
It has ceased to exist for at least one (1) year (applicable after the 1998 election)
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.

Qualifications of a party list nominee:

a. A natural born citizen of the Philippines.
b. A registered voter

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 c. A resident of the Philippines for a period of not less than one (1) year immediately c.
preceding election day
d. Able to read and write
e. A bona fide member of the party or organization he seeks to represent for at least ninety
(90) preceding election day;
f. At least twenty-five (25) years of age on Election Day.

Limitations on party list nominations:

a. A person may be nominated by one party in only one (1) list.

b. Only persons who have given their consent in writing may be named in the list.
c. 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.
d. 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.

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.
Special or supplemental appropriation-they include all appropriations not contained in the budget.
They are designed to supplement the general appropriations.
Specific appropriation-one that sets aside a named sum of money for the payment of a particular
expense
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:
Revenue bill: one of the primary and specific purpose of which is to raise revenue.
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.
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.
Bill of local application-one affecting purely local or municipal concerns like one creating a city
or municipality or changing its name.

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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.

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:

38
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.

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 taxpayer’s ability to shoulder the tax burden (usually measured in terms of the size of
wealth or property and income, gross or net) and if warranted (in certain cases, like the tax on
gasoline), on the basis of the benefits he receives from government.

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, donor’s 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.

39
How a bill becomes a law?

Senate House of Representatives

Individual Senator Individual Representative

Bill is filed and assigned a number Bill is filed and assigned a number

Plenary Session: First Reading Plenary Session: First Reading

Reading of title/authors Reading of title/authors
Principal author may propose additional Principal author may propose additional
authors authors
Referral to appropriate standing committees Referral to appropriate standing committees

Senate Committee House Committee

Studies and analyzes the bill Studies and analyzes the bill
Consults and studies position papers Consults and studies position papers
Hears and consolidates public testimonies Hears and consolidates public testimonies
Makes recommendation in committee report Makes recommendation in committee report

After favorable action of the Senate Committee After favorable action of the House Committee
– the bill is forwarded to Senate Committee on – the bill is forwarded to House Committee on
Rules – calendars the bill for floor discussion Rules – calendars the bill for floor discussion

Plenary Session: Second Reading Plenary Session: Second Reading

Sponsorship speech Sponsorship speech
Floor deliberations Floor deliberations
Period of amendments Period of amendments
Voting Voting

Plenary Session: Third Reading Plenary Session: Third Reading

Sponsorship speech Sponsorship speech
Floor deliberations Floor deliberations
Period of amendments Period of amendments
Voting Voting

Approval after third reading – the bill is Approval after third reading – the bill is
transmitted to the House of Representative transmitted to the Senate

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.

40
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
President’s alter egos and exercises general supervision over local governments.

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

Qualifications of the President: (Section 2)

a. Natural born citizen of the Philippines

b. A registered voter
c. Abel to read and write
d. At least 40 years old on Election Day
e. A resident of the Philippines for at least 10 years immediately preceding the election

Electing the President: (Section 4)

The President is elected by direct vote of the people in a regular election held on the second
Monday of May. 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. 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
Congress after determining the authenticity of the certificates shall canvass the votes. 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.
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)

41
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
The President shall not be eligible for any re-election
The President’s 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:

a. 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.
b. 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.
c. 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.
d. The ban will also put an end or at least hamper the establishment of political dynasties.
e. 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:

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)
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)
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)
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)
The law on special election shall become law upon its approval on third reading by Congress.
(Section 10)
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:

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)
The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation. (Section 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)

42
If the President-elect fails to qualify, the Vice President elect shall act as President until the
President-elect shall have qualified. (Section 7)
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)
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:

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:

Whenever the President transmit to the President of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to discharge the powers and duties of his
office, and until he transmits to them a written declaration to the contrary, such powers and duties
shall be discharged by the Vice President as the acting Vice President. (Section 11)

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

43
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)

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)

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)

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 President’s 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 President’s Appointing Power: (Section 16)

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.

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.

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 President’s 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

44
has the power to name people to 3,175 career executive positions in various government
departments and agencies. In addition, 2,488 positions in 60 Government Owned and Controlled
Corporations (GOCCs) are subject to presidential approval. For example, at the Social Security
System (SSS), which administers billions of pesos of employee contributions, the President has
discretion over 229 posts.

The misuse of power to appoint is most obvious because appointments are so public and the
appointees are rarely shy about waving about their new credentials. President Aquino used it to
appoint relatives and friends, including her dentist and her dermatologist who were named to the
University of the Philippines board of Regents. President Aquino also got carried away with the
appointments, sometimes naming as many as seven undersecretaries for one department that
Congress eventually passed a law limiting the number of undersecretaries and assistant
secretaries to only three per department.

President Ramos appointed many former military officers to crucial posts that he was criticized
for militarizing the bureaucracy. He also created positions for favored friends, among them
Justiniano Montano IV, for whom the post of deputy manager for special projects of the Public
Estates Authority (PEA) was specially created. Montano would later play a prominent role in the
PEA AMARI land scandal, which involved billions of pesos in payoffs to various officials in
connection with the sale of PEA property to a Thai real estate tycoon.

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:

a. Regular appointments: are those made during the sessions of Congress

b. Ad interim appointments: are those made during the recess of Congress

Kinds of appointments in the career service:

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.

Temporary or acting: one which is issued to a person who meets all the requirements for the
position to which he is being appointed except the appropriate civil service eligibility; it shall not
exceed 12 months, but the appointee may be replaced sooner if a qualified civil service eligible
becomes available. The holder of such appointment may be removed any time without a hearing
or cause.

The President’s control over executive departments: (Section 17)

45
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:

The power of appointment: with which the President may choose men of competence and
confidence
The power of removal: with which the President may weed out incapable and dishonest officials.

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

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.

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.

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.

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.

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.

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.

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.

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.

46
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:

a. The President solely grants pardon after conviction, while amnesty, with concurrence of
Congress before and after conviction.
b. 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.
c. Pardon is granted for infractions of the peace of the state, while amnesty for crime against
the sovereignty of the state.
d. 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:

47
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 Estrada’s 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 Arroyo’s proclamation of a state of rebellion
twice – following the May 1, 2001 rampage of Estrada supporters and the July 27, 2003 mutiny
of soldiers – has been criticized as a de facto declaration of martial law as the proclamations
allow authorities to effect warrant-less arrests.

Administrative orders are promulgated for acts related to particular aspects of government
operations in pursuance of the President’s 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 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 President’s 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:

a. To contract or guarantee foreign loans;

b. 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;
c. To reserve land of the public domain for settlement or public sale, as well as stop the sale
of any land belonging to the government’s private domain or any friar land;

48
 d. To direct the Solicitor General to institute proceedings to recover ill-gotten wealth of
government officials and employees;
e. To deport foreigners or change the status of nonimmigrants.

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:

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.

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.

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.

49
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.

Scope of judicial power:

50
Adjudicatory power: it includes the duty of courts of justice

a. to settle actual controversies involving rights which are demandable and enforceable;
b. 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.

Power of judicial review:

a. to pass upon the validity or constitutionality of the laws of the state and the acts of other
departments of the government; 2
b. to interpret them;
c. to render binding judgments;

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 in 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 country’s metropolitan capital. In theory, there should be an MTC
for each municipality, but there are cases where two or more municipalities are grouped into a
circuit and covered by the MCTC.

Where the crime was committed or the official address of the plaintiff or the one filing the case,
in civil suits determines the location of the court that will handle the case. The amount of money
involved or the jail term are also among the deciding factors on which goes where.

51
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 day to 12 years 1 day to 14 years 8 17 years 4
Temporal 20 years 14 years 8 months 1 day to months 1 day to
months 17 years 4 20 years
months
Prision Mayor 6 years 1 day to 6 years 1 day to 8 years 1 day to 10 years 1 day to
12 years 8 years 10 years 12 years
Prision 6 months 1 day 6 months 1 day 2 years 4 months 4 years 2 months
correccional and to 6 years to 2 years 4 1 day to 4 years 1 day to 6 years
destierro months 2 months
Arresto Mayor 1 month 1 day to 1 month to 2 2 months to 4 4 months 1 day
6 months months months to 6 months
Arresto Menor 1 day to 30 days 1 day to 10 days 11 days to 2 days 21 days to 30
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)

a. 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)

b. Congress may not deprive the Supreme Court of the constitutional powers granted to it.

c. Congress cannot prescribe the manner in which the Supreme Court should sit and
determine the number of Justices composing the court.

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 d. The Supreme Court is given the authority to appoint all officials and employees of the
judiciary.

e. The members of the Supreme Court and judges of lower courts enjoy security of tenure.

f. Their salaries cannot be decreased during the continuance in office.

g. The members of the Supreme Court can only be removed through the difficult process of
impeachment.

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)

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)

Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls and over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus.

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:

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 a. 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;
b. all cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto;
c. all cases in which the jurisdiction of any lower court is in issue;
d. all criminal cases in which the penalty imposed is reclusion perpetua or higher; and
e. all cases in which only an error or question of law is involved.

f. 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

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

h. 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.

i. Appoint all officials and employees of the judiciary in accordance with the Civil Service
law

j. To have administrative supervision over all courts and their personnel (Section 6)

k. To be the sole judge in all contests relating to the election, returns and qualifications of
the President or Vice President

l. 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

54
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)

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 Court’s 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)

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

55
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 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

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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 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)

The House of Representatives has the exclusive power to initiate all cases of impeachment.

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.

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.

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.

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.

No impeachment proceedings shall be initiated against the same official more than once within a
period of one year.

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.

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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.

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.

The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of
this section.

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”.

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 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)

a. Natural born citizens of the Philippines and at the time of their appointment
b. At least forty years old,
c. Of recognized probity and independence;
d. Members of the Philippine Bar;
e. Must not have been candidates for any elective office in the immediately preceding
election;
f. 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)

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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. Such appointments shall require no confirmation. 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.

a. 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.
b. 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.
c. 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.
d. 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.
e. Request any government agency for assistance and information necessary in the
discharge of its responsibilities and to examine, if necessary, pertinent records and
documents.
f. Publicize matters covered in investigation when circumstances so warrant and with due
prudence.
g. 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.

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 h. Promulgate its rules of procedure and exercise such other powers or perform such other
functions or duties as may be provided by law.

In relation to the public, the Ombudsman makes himself available at such hour and place
reasonably convenient to the people, to receive such complaints, grievances, and requests for
assistance as may be submitted to him. The proceedings before the Ombudsman, subject only to
provisions of any later law are speedy, informal, summary and at no cost to the complainant.
On its own initiative or upon complaint of any person, the Ombudsman may at or conduct
investigations on the basis of phone calls, letters or oral complaints, which in his discretion,
deserves serious consideration. Such service guarantees the Ombudsman’s accessibility even to
those in jail or in hospitals.

Unlike other courts, the Ombudsman cannot order any government office to reverse its decision.
He is simply a “watchdog”. If the Ombudsman were given the power to reverse or amend
administrative action, it would be more than a super-administrative agency or a special court, and
as such, it would conflict and render useless other government agencies equipped with
administrative procedures for discipline.

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.

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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.

61