INTRO TO POL AND GOVERNMENT

https://www.slideshare.net/jhengrayn/political-development-of-the-philippine-
government
Suggested Activities for Students
1. Educational Bingo. This awesome game can be played in groups. ...
2. Bleep. Bleep is an interesting memory game in which students are restricted to
use certain words during reading comprehension.

 Using a card, think of a question (as of fill in the blanks then in the blank you use
the word BLEEP then your students will write their words and combine all the
paper together.

3. Pink Tac Toe (looks like a crossword puzzle)

To do that you need to formulate questions for instance complete the definition of
the state or government in that case. Then cross if your students have already
identified the correct definition

4. Sports Gallery
5. Blind Artist.
6. Crazy Train.
7. Four Corners.
8. Sentence Race.

GOVERNMENT AND PHILIPPINE POLITICAL DEVELOPMENT (9HOURS)

CONTENT:
a. Purpose and Necessity of the Government
b. Definition
c. Government vs State
d. Forms of Government
e. Doctrine of Separation of Powers and Checks and Balances
f. Principle of Checks and Balances
g. Historical Overview of the Government of the Philippines from Pre-colonial Era to
present
 A. PURPOSE AND NECESSITY OF THE GOVERNMENT
B. DEFINITION
WHAT IS A DEFINITION OF GOVERNMENT?
 the exercise of political authority over the actions, affairs, etc of a political unit,
people, etc, as well as the performance of certain functions for this unit or body;
the action of governing; political rule and administration.

 the political system by which a country or community is administered and

regulated

Though the rules and responsibilities vary greatly through time and place, governments
must create them. Governments provide the parameters for every day.

WHAT IS THE NECESSITY AND PURPOSE OF GOVERNMENT?

Governments provide the parameters for everyday behavior for citizens, protect
them from outside interference, and often provide for their well-being and
happiness. In the last few centuries, some economists and thinkers have
advocated government control over some aspects of the economy.

IS GOVERNMENT NECESSARY?
The government is considered to be necessary for many reasons. Some of the
most pressing reasons are protecting citizens from each other, from institutions,
and from external forces.
Governments are necessary because they maintain law and order. Laws are
necessary for society to function. Life in a society without laws would be unsafe
and unpredictable. (Any other ideas?)

Introduction:
THE GOVERNMENT SERVES THE INTERESTS OF THE RULING CLASSES.
For thousands of years of human history, the implicit or explicit (Explicit describes
something that is very clear and without vagueness or ambiguity. Implicit often functions
as the opposite, referring to something that is understood, but not described clearly or
directly, and often using implication or assumption) purpose of government was to serve
the interests of its rulers (be they monarchs, dictators, aristocracies) or ruling classes.
Only with the birth of democracy (in ancient Greece around 500 B.C.) does the idea of
the government of, by and for the people arise. Since then, that idea has spread
worldwide, but even the most developed democracies still disproportionately serve the
purposes and interests of privileged groups.

Moreover, the popular notions that “government is best that governs least” or that
government is best that just protects individual rights to “life, liberty and the pursuit of
happiness” make it easier for privileged groups to use government for their purposes.

Why? Because citizens busily pursuing their own happiness are too distracted or
disinterested to notice when privileged groups (usually quietly) shape the government to
serve their purposes.

Who said that government is best which governs the least?

An aphorism often erroneously attributed to Thomas Jefferson, "That government is
best which governs least...", was actually found in Thoreau's Civil Disobedience, which
means that government can solve a problem or achieve a goal in certain cases, but it
cannot do anything more.

IN OTHER WORDS. When we think of the purpose of government, we always go back

to the preamble of the constitution, which concisely puts forth the framers’ idea of what
government is all about (Let them Recite Preamble)

PREAMBLE  
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.

What is the purpose of preamble of the 1987 Philippine Constitution?

The preamble of the Constitution provides that we should establish a Government which
shall "conserve and develop our patrimony." Our "patrimony" includes our public forests,
mangroves, wildlife, and flora and fauna which should be conserved, protected and
renewed.

But what does this look like in practice? As an analyst, our job is to help policymakers
conceptualize the tradeoffs between competing goals. Most people would agree that the
government should work to grow the economy, reduce poverty and inequality, and help
its citizens live more free, meaningful lives.
That being said, each tax, program, or regulation government puts in place impacts
economic growth, the distribution of resources, and the health, education, and fulfillment
of citizens in different ways.

Policymakers in a democracy are tasked with balancing these goals against each other
and deciding what mixture of policies to adopt to achieve the above outcomes in ratios
that its citizens support.

THE GOVERNMENT SEEKS TO BALANCE THE INTERESTS OF THE INDIVIDUAL

WITH THE INTERESTS OF THE COMMUNITY.

Even at its barest - government pits the safety of the community against individuals’
liberty. Individuals must give up something, like taxes, to gain the state’s protection.

Disputes about the purpose of government stem from arguments about how far the
government’s role in protecting and shaping the community should extend.

Kindly give one demonstrative policy disputes today?

One of the most demonstrative policy disputes today is the debate over vaccinations. To
what degree should the government mandate individual behavior it believes is in
society’s best interest over the protests from individual citizens it claims to protect?

THE GOVERNMENT IS ROOTED IN THE POWER OF THE PEOPLE.

As such, the purpose of government is to reflect the public will and govern in the public
interest. The question becomes, how does government as an institution determine who
represents the “public?’

Philippines’ diversity is its greatest strength and the deepest source for tension. The
battles that are birthed from that conflict are reflected in the process of government
decision-making for budgets, policies, and programs. The challenge of government and
the citizenry is achieving a meaningful system of grassroots governance.

Our system of democracy fails a majority of the public and the consequence has been
dire: eroded trust of government from the public it’s supposed to serve. By providing
equitable access to influence government decisions, there is an opportunity for the
government to fulfill its purpose of truly serving “We, the People.”
The government’s most important purpose is protection.

We, as political analysts, our view of the government is probably more complicated than
most would have.

For us, the most important purpose of government is protection, which includes national
security, personal security (i.e., laws that prevent harm & crime), safe infrastructure,
care for the sick and elderly, and corporate regulation so that things like airplanes, semi-
trucks, medications, and products & premises are safe.

Our government should also give us the best foundation for achieving freedom and
happiness, but that requires equal opportunity and safety.

The government deals with essential services.

The purpose of government is to provide essential services, fulfill the fundamental

duties of safety, prosperity, and justice, ensure the rights of each human and protect the
country so that its citizens, businesses, and organizations have the ability the pursue
happiness, live a healthy life, and chase opportunities.

The government needs to ensure that the essentials run smoothly and that our
populations are connected, which ensures that the country can grow. With growth
comes more opportunities. And more opportunities equal great outcomes for our
communities.

Finally, the government should ensure the existence and improvement of the conditions
that will help citizens build a nation.

 So yesterday we have discussed the government, its definition and its purpose
and necessity wherein we have made mentioned that government is the exercise
of political authority over the actions, affairs of a political unit, people, as well as
the performance of certain functions for this unit or body. And as to its purpose,
we have said that its main purpose is protection and it includes, personal and
national security. We made mention also that we are talking about the main
purpose, we always go back to the preamble of the constitution because it is
there where it was concisely described by the framers the idea of government
and what it is all about.

 We also tackled about the nature of the government where it seeks to balance
the interest of the individual and the community. We have tax as an example.
  Another thing is the so-called demonstrative policy dispute. Disputes about the
purpose of government stem from arguments about how far the government’s
role in protecting and shaping the community should extend.
 Kindly give one demonstrative policy disputes today?
 One of the most demonstrative policy disputes today is the debate over
vaccinations. To what degree should the government mandate individual
behavior it believes is in society’s best interest over the protests from individual
citizens it claims to protect?
 And that the government is rooted in the power of people.

 GOVERNMENT VS. STATE (FEB.10)

What is the difference between government and the state?
A state can be distinguished from a government. The state is the organization while the
government is the particular group of people, the administrative bureaucracy that
controls the state apparatus at a given time.
That is, governments are the means through which state power is employed.

GOVERNMENT IS ONLY AN ELEMENT OF THE STATE:

A State has four essential elements—Population, Territory, Government and
Sovereignty. Government is only one element of the State. It is just one part of the State
which acts for the state.

These definitions draw attention to the fact that the state has four essential elements.
These are: (1) population, (2) territory, (3) government, (4) sovereignty (or
independence). The first two elements constitute the physical or material basis of the
state while the last two form its political and spiritual basis.

What is the most important element?

Population is the most important element and without a population a state cannot be
formed.

Population involves the people that make up the state while the territory is the land
assigned to the state.

GOVERNMENT IS AN AGENCY OR AGENT OF THE STATE:

Government is an agency of the State. It acts for the state. It is that agency of the State
which formulates the will of the state into laws, implements the laws of the state and
ensures conformity to the laws of the state. Government exercises power and authority
on behalf of the state.
A government agency may be established by either a national government or a state
government within a federal system. Agencies can be established by legislation

Philippines Government Agencies

 Philippines SEC.
 Philippines DTI.
 Philippines NTC.
 Philippines SSS.
 Phil health.
 Philippines DOLE.
 TESDA.
Is Barangay a government agency?
The barangay is the smallest unit of government in the Philippines. Each barangay is
headed by a barangay captain and barangay assembly, each elected by the citizens of
the barangay.

STATE IS ABSTRACT, GOVERNMENT IS CONCRETE:

State is a concept, an idea or a name used to denote a community of persons living on
a definite territory and organized for the exercise of sovereignty. State cannot be seen.
Government is made by the people of the State. It is formed by the representatives of
the people. It has a definite and defined organization and form. It can be seen as a team
of people exercising the power of the State.

This post examines the concepts of state and government to lay the ground for
understanding responsiveness enforced through transparency

Is state abstract or concrete?

State is Abstract, Government is Concrete:

State is a concept, an idea or a name used to denote a community of persons living on

a definite territory and organized for the exercise of sovereignty. State cannot be seen.

Why is a state an abstract idea?

The state is an abstract idea which has its concrete basis in a physical territory. The
state is also manifest through an organizational structure that is referred to as the
bureaucracy. (a system of government in which most of the important decisions are
made by state officials rather than by elected representatives.)

GOVERNMENT IS ORGANIZED ONLY BY A PORTION OF THE POPULATION OF

STATE:
The whole population is a part of the State. All the people are citizens of the State.
However, government is made by the representatives of the people. Only some people,
who get elected act as representatives of the people, form the government of the State.

Their number is limited to few hundred only (In the Philippines, the Constitution provides
that the House of Representatives shall be composed of not more than two hundred
and fifty (250) members, unless otherwise fixed by law) In 2022, population for
Philippines was 115M PSA

EXAMPLE: In India around 5500 MPs and MLAs represent the total population of
around 110M and exercise the political power at the center and in all states of India.

MEMBERSHIP OF A STATE IS COMPULSORY BUT NOT OF GOVERNMENT:

All people are citizens of the State. They together constitute the population of the State.
Each one normally gets the membership (citizenship) of a state automatically right at
the time of one’s birth and continues to live life as such.

However, membership of the government is not automatic. No one can be forced to

become its part. Anyone can voluntarily seek an election, get elected as a
representative of the people and become a part of the government. Only some persons
form the government.

What are some examples of citizens participating in government?

Voting in an election and contacting our elected officials are ways that citizens can
participate in our democracy.

What are the various ways in which people participate in the process of government?
There are many ways in which people express their views and make governments
understand what actions they should take. These include rallies, strikes, signature
campaigns etc

SOVEREIGNTY BELONGS TO STATE AND NOT TO GOVERNMENT:

Sovereignty is the hallmark of the State. It belongs to the State. The government
exercises power on behalf of the State. It acts on the basis of the sovereignty of the
State.

Sovereignty is comprehensive, absolute, unlimited and all-inclusive supreme power of

the State. The government exercises only well-defined and limited powers.

What kind of sovereignty does Philippines have?

The Philippines is a democratic and republican State. Sovereignty resides in the people
and all government authority emanates from them.
Sovereignty passed from Spain to the United States in the 1898 Treaty of Paris. The
Philippines continued as a U.S. territory until July 4, 1946, when the U.S. relinquished
sovereignty and recognized the independence of the Republic of the Philippines.

TERRITORY BELONGS TO THE STATE:

National Territory means the land, subsurface and waters comprising the territory of the
country and its exclusive economic zone. National Territory means all the surface area,
subsurface, waters and atmosphere comprising the territory of the country and its
exclusive economic zone.

The State has sovereign ownership and jurisdiction over its territory. State is a territorial
entity and territory belongs to it.

The government has the responsibility to preserve, protect and defend the territory of
the State. The laws made by the government are applicable to all parts of the territory of
State but territory belongs to the State and not to the government.

What is an example of Philippines territory?

The Philippines has claimed many territories throughout its history. These territories
include the Spratly Islands, portions of North Borneo, and the Scarborough Shoal

EVERY STATE HAS UNIFORMLY FOUR ESSENTIAL ELEMENTS, HOWEVER THE

FORMS AND FEATURES OF GOVERNMENT DIFFER FROM STATE TO STATE:
Each State has a uniform personality with its four essential elements Population,
Territory, Government and Sovereignty. However, governments can be of different
forms— Parliamentary or Presidential, Unitary or Federal or a mixture of these.

A government can be monarchical or aristocratic or democratic or a dictatorship. The

people can by choice change the form of their government. But the State exists
independently and has a uniform character.

STATE IS PERMANENT, GOVERNMENT IS TEMPORARY:

Governments come and go regularly meaning may change from time to time.

After every general election the government changes. It can also undergo a total
change through an election or even through a revolution. State is permanent. It
continuously lives so long as it continues to enjoy sovereignty.

EXAMPLE: India continues to live as a sovereign independent state since 1947.

However, she has witnessed the rise and fall of several governments at the national and
state levels.

Is administration and government the same?

The term administration, as used in the context of government, differs according to the
jurisdiction under which it operates. In general terms, administration can be described
as a decision-making body

GIVEN ALL THE DIFFERENCES OF GOVERNMENT VS. STATE, In your simplest

understanding, can you give an example of this difference?
EXAMPLE: the government may require states to reduce air pollution, provide services
for the handicapped, or require that public transportation

What types of services do governments provide?

Answer: Build roads, and maintain roads, hospitals, and schools. They construct
libraries, parks, and playgrounds and provide police and fire protection
ANOTHER ACTIVITY: Think about your community. Name at least 3 services our
government provides 1. 2. 3.

C. FORMS OF GOVERNMENT
What is a government simple definition?
 A government is the system to govern a state or community
 A system of social control under which the right to make laws, and the right to
enforce them, is vested in a particular group in society.
 The exercise of political authority over the actions, affairs, etc, of a political unit,
people, etc, as well as the performance of certain functions for this unit or body;
the action of governing; political rule and administration.

What makes the Philippine government a republic?

The Philippines is a republic with a presidential form of government wherein power is
equally divided among its three branches: executive, legislative, and judicial.

Why is the Philippines called the Republic of the Philippines?

The term "Philippine Republic" refers to a succession of republics after the Philippine
Revolution in the Philippines in 1898. A republic is a form of government where the
citizens have the supreme power and they exercise that power by voting and electing
representatives to make decisions and govern.

 A republican government is one in which the people—directly or indirectly—are the

ultimate source of authority, electing representatives to make laws that serve their
interests and advance the common good.

WHAT ARE THE MAIN FORMS OF GOVERNMENT?

Today, most common government systems include democracy, republic, monarchy,
communism and dictatorship.

Five Types of Government Systems

1. Democracy
A democracy can be defined as a government system with supreme power
placed in the hands of the people. It can be traced back to as early as the
fifth century B.C. In fact, the word democracy is Greek for “people power”.

2. Republic
In a republic government system, the power also rests with the people, as
they are in charge of electing or choosing the country’s leader, instead of the
leader being appointed or inheriting power. Broadly defined, a republic is a
government system without a monarch.

3. Monarchy
In a monarchy, state power is held by a single family that inherits rule from
one generation to the next. In a monarchy, an individual from the royal family
holds the position of power until they die. Today, the majority of monarchy
governments have transitioned to constitutional monarchies, where the
monarch is head of state but only performs ceremonial roles and does not
have state power. Example: Great Britain

4. Communism
A communist government system is usually based on a particular ideology of
communism taught by Karl Marx or Vladimir Lenin. A single party or group of
people usually runs communist states. In some cases, citizens of a
communist state are given certain jobs or life duties in an effort to obtain
collective citizenship for the state.

Examples of communist states include China, Cuba and Vietnam.

 5. Dictatorship
In a dictatorship, a single person, a dictator, has absolute power over the
state. It is not necessarily ruled by a theology or belief. It is an authoritarian
form of government where one person is in charge of enforcing and enacting
the law. Aspects often include military organizational backing, unfair
elections (if any) and various human rights violations. A dictator does not
usually inherit their power like a monarch does; they either seize control of
the state by force or through (usually unfair) elections. Dictators are not held
accountable for their actions and thus are free to do as they please,
including limiting citizens’ rights.

Burundi, Chad, Equatorial Guinea and North Korea are contemporary

examples of countries run by a dictator.

While these types of government systems all vary, they have at least one similarity: the
allocation of power. Whether it be the allocation of power to a single person, a group of
people, or evenly distributed to everyone, power is the shared theme of all types of
government systems.

D. DOCTRINE OF SEPARATION OF POWERS AND CHECKS AND BALANCES

E. PRINCIPLE OF CHECKS AND BALANCES

Separation of powers is a doctrine of constitutional law under which the three branches
of government (executive, legislative, and judicial) are kept separate. This is also known
as the system of checks and balances, because each branch is given certain powers so
as to check and balance the other branches.

What is the doctrine of separation of powers in the Philippines?

One basic corollary in a presidential system of government is the principle of separation

of powers wherein legislation belongs to Congress, execution to the Executive, and
settlement of legal controversies to the Judiciary.

Following the ratification of the 1935 Philippine Constitution in a plebiscite, the principle
of separation of powers was adopted not by express and specific provision to that
effect, but by actual division of powers of the government—executive, legislative, and
judicial—in different articles thereof.

What is the doctrine of separation of powers and checks and balances Philippines?
Separation of powers is a principle deeply ingrained in constitutional law. Also called the
system of checks and balances, this doctrine grants certain powers to the executive,
legislative, and judicial branches of government as a way of balancing and checking
each other.

Why is it important to have separation of powers in the Philippines?

The intent of separation of powers is to prevent the concentration of unchecked power
and to provide for checks and balances, in which the powers of one branch of
government is limited by the powers of another branch—to prevent abuses of power
and avoid autocracy.

What is the doctrine of separation of powers and how does it relate to our system of
checks and balances?
Separation of powers is a doctrine of constitutional law under which the three
branches of government (executive, legislative, and judicial) are kept separate.
This is also known as the system of checks and balances, because each branch is
given certain powers so as to check and balance the other branches.

SEPARATION OF POWER (MAGKAHIWALAY NA KAPANGYARIHAN)

https://www.youtube.com/watch?v=hIf7ft_aAWc

As has often been repeated by this Court, the doctrine of separation of powers is the
very wellspring from which the Court draws its legitimacy. Former Chief Justice Reynato
S. Puno has traced its origin and rationale as inhering in the republican system of
government:

The principle of separation of powers prevents the concentration of legislative,

executive, and judicial powers to a single branch of government by deftly allocating their
exercise to the three branches of government.

In his famed treatise, The Spirit of the Laws, Montesquieu authoritatively analyzed the
nature of executive, legislative and judicial powers and with a formidable foresight
counselled that any combination of these powers would create a system with an
inherent tendency towards tyrannical actions…
Again, there is no liberty, if the judiciary power be not separated from the legislative and
the executive. Were it joined with the legislative, the life and liberty of the subject would
be exposed to arbitrary control; for the judge would be then the legislator. Were it joined
to the executive power, the judge might behave with violence and oppression.

There would be an end of everything, were the same man or the same body, whether of
the nobles or of the people, to exercise those three powers, that of enacting laws, that
of executing the public resolutions, and that of trying the causes of individuals. 

The principle of separation of powers is explained by the Court in the leading case
of Angara v. Electoral Commission:

The separation of powers is a fundamental principle in our system of government. It

obtains not through express provision but by actual division in our Constitution. Each
department of the government has exclusive cognizance of matters within its
jurisdiction, and is supreme within its own sphere. But it does not follow from the fact
that the three powers are to be kept separate and distinct that the Constitution intended
them to be absolutely unrestrained and independent of each other. The Constitution has
provided for an elaborate system of checks and balances to secure coordination in the
workings of the various departments of the government. x x x And the judiciary in turn,
with the Supreme Court as the final arbiter, effectively checks the other department in
its exercise of its power to determine the law, and hence to declare executive and
legislative acts void if violative of the Constitution. 38

WHAT IS THE DOCTRINE OF CHECKS AND BALANCES?

System of government wherein they can limit the exercises of power of the others
Separation of Powers is associated with the Checks and Balances system. The Checks
and Balances system provides each branch of government with individual powers to
check the other branches and prevent any one branch from becoming too powerful.

What are the examples of checks and balances in place today?

 Congress can make laws, but the President can veto those laws.
 The President has the power to veto laws, but Congress can override a
President's veto.
 Congress has the power to make laws, but the courts can declare those laws to
be unconstitutional.

Example: The Anti Terrorism Act of 202 (nagging operational ba ang tinatawag na
checks and balances sa example na ito?)

Originated from the Legislative

Pass on to the Executive (veto power)

Reviewed by the Judiciary

Note: na kahit mayroong separation of powers it does not mean they are strictly
separated. Ito ang tinatawag na blending of powers

So ang instance po kung saan nagbleblend ang powers ng 3 branches of government

natin is yung pag gawa ng Budget

Example: The Executive ang gumagawa ng Budget. Legislative (Kongreso) ang

gumagawa ng appropriations bill)

How is the principle of checks and balances manifested in the Philippine

government?
There is a system of checks and balances in our government, designed to avert
excesses in the wielding of government authority. Thus a President can veto any law
passed by Congress which, in turn, can overturn the veto if it has the numbers.

G. TOPIC ON HISTORICAL OVERVIEW OF THE PHILIPPINE GOVERNMENT FROM

PRE-COLONIAL ERA TO PRESENT: GOVERNMENT AND PHILIPPINE POLITICAL
DEVELOPMENT
What do you mean by political development?
Ultimately, political development can be defined as an increase in national political unity
and an increase in political participation.

What are the prior stages of Philippine Political developments?

 Pre-Spanish era.
 Spanish era.
 American era.
 Commonwealth era.
 Post-independence era.
 Marcos’s dictatorship.
 Post–People Power era.
What is the important event in the development of Philippine politics?

The EDSA 2 Revolution, as it is commonly called, became the symbol of the Filipino
people's journey from colonial rule to independence and democracy (Liu & Gastardo-
Conaco, 2011) , and is considered the most prominent national event in recent history
(Montiel, 2010).

What is the most important event that happened in Philippine history that makes the
Philippines a better country?

Philippine Revolution, (1896–98), Filipino independence struggle that, after more than
300 years of Spanish colonial rule, exposed the weakness of Spanish administration but
failed to evict Spaniards from the islands.

Late point policies to help encourage students to submit on time 

ANGARA VS ELECTORAL COMMISSION

G.R. No. L-45081 July 15 1936
FACTS:
Jose Angara and Pedro Ynsua, Miguel Castillo and Dionisio Mayor were candidates
voted for the position of member of the National Assembly for the 1st district of Tayabas
province.
On Oct 17 1935, the provincial board of canvassers proclaimed Angara as member-
elect of the Nat'l Assembly for garnering the most number of votes. He then took his
oath of office on Nov 15th. On Dec 3rd, Nat'l Assembly passed Res. No 8 which
declared with finality the victory of Angara. On Dec 8, Ynsua filed before the Electoral
Commission a motion of protest against the election of Angara, that he be declared
elected member of the Nat'l Assembly. Electoral Commission passed a resolution in
Dec 9th as the last day for the filing of the protests against the election, returns and
qualifications of the members of the National Assembly. On Dec 20, Angara filed before
the Elec. Commission a motion to dismiss the protest that the protest in question was
filed out of the prescribed period. The Elec. Commission denied Angara's petition.
Angara prayed for the issuance of writ of prohibition to restrain and prohibit the Electoral
Commission taking further cognizance of Ynsua's protest. He contended that the
Constitution confers exclusive jurisdiction upon the said Electoral Commissions as
regards the merits of contested elections to the Nat'l Assembly and the Supreme Court
therefore has no jurisdiction to hear the case.

ISSUE:
Whether or not the SC has jurisdiction over the Electoral Commission and the subject
matter of the controversy;
Whether or not The Electoral Commission has acted without or in excess of its
jurisdiction.

RULING:

In this case, the nature of the present controversy shows the necessity of a final
constitutional arbiter to determine the conflict of authority between two agencies created
by the Constitution. The court has jurisdiction over the Electoral Commission and the
subject matter of the present controversy for the purpose of determining the character,
scope and extent of the constitutional grant to the Electoral Commission as "the sole
judge of all contests relating to the election, returns and qualifications of the members of
the National Assembly." (Sec 4 Art. VI 1935 Constitution). It is held, therefore, that the
Electoral Commission was acting within the legitimate exercise of its constitutional
prerogative in assuming to take cognizance of the election protest filed by Ynsua.
Categories: Constitutional Law 1

G.R. No. 45081, 63 Phil 139 [July 15, 1936]

Separation of Powers: Doctrine of implication – the grant of an

express power carries with it all other powers that may be necessarily
inferred from it.
Facts:

The Electoral Commission was created pursuant to Art VI sec 4 of the

1935 Constitution (now sec 17) which conferred to it the power to “be
the sole judge of all contests relating to the election, returns and
qualifications of the members of the National Assembly.” The National
Assembly (NA) passed a resolution confirming the election of
petitioner Angara as member of the NA on Dec 3, 1935.

On Dec 9, 1935, the respondent Electoral Commission formally

organized for the first time and resolved to fix the same date as the
final day of filing of election protests. Ynsua, a candidate vying for the
Angara’s position, filed his election protest before the Electoral
Commission on the same date. Angara sought to prohibit the Electoral
Commission from taking further cognizance of the Ynsua’s motion.
Angara argues: the Constitution excludes from the Commission’s
jurisdiction the power to regulate the proceedings of such election
contests. Morever, the Commission can regulate the proceedings of
election protests only if the NA has not availed of its primary power to
so regulate such proceedings.

Issues:

(1) Does the Electoral Commission have the constitutional power to

promulgate rules of procedure (such as fixing a deadline for filing
election protests) relating to election protests notwithstanding the
lack of express conferment of such power in the Constitution?

(2) Does it have the power the promulgate such rules notwithstanding
the resolution of the NA?

Held:
(1) Yes. It is a settled rule of construction that where a general power is
conferred or duty enjoined, every particular power necessary for the
exercise of the one or the performance of the other is also conferred.
In the absence of any further constitutional provision relating to the
procedure to be followed in filing protests before the Electoral
Commission, therefore, the incidental power to promulgate such rules
necessary for the exclusive power to judge all contests relating to the
election must be deemed by necessary implication to have been
lodged also in the Electoral Commission.

(2) Yes. The purpose of the of the creation of the Electoral Commission
was to transfer in its totality all the powers previously exercised by the
Legislature in matters pertaining to contested elections of its
members, to an independent and impartial tribunal. The express
lodging [in the now Art VI, sec 17] of that power in the Electoral
Commission is an implied denial of the exercise of that power by the
NA. If the NA is permitted to claim the power to regulate proceedings
of election contests, then the grant of power to the Commission would
be ineffective for such power would be xxx subject at all times to the
regulation of the NA. The purpose of the framers of our Constitution
would be frustrated.