Article V SUFFRAGE

Right to Suffrage

In the scheme of our present republican government, the people are allowed to have a
voice therein through the instrumentality of suffrage to be availed of by those
possessing certain prescribed qualifications.

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.

It is not all absolute needless to say that it is an enjoyment of all other rights.

Political Right

It is classified as political right, enabling every citizen to participate in the process every
the of government to assure that its powers are derived from the consent of the
governed. The principle is that of one man, one vote.

Qualifications of Voters:

1. A citizen of the Philippines both male and female

2. Not otherwise disqualified by law
3. At least 18 yrs. of age 4. Have resided in the Philippines for at Least one year (1)
and in the place wherein he proposes to vote for at least 6 months preceding the
election.

Residence Qualification

1. A voter must have been a permanent resident of the Philippines for at least one
(1 y preceding the election.
2. 6 months residence in a province, city or municipality is considered the minimum
length of time within which a person can adequately familiarize himself with the
needs and conditions and the personalities of the locality.

Scope of Suffrage

1. Election: means by which people choose their whom they entrust, for the time
being as their representatives, the exercise of powers of government.
2. Plebiscite - the vote of the people expressing their choice for or against a
proposed law or enactment submitted to them.
3. Referendum - It is the submission of the a Law or part there of passed by the
national or Local legislative body to the voting citizens of a country for their
ratification or approval.
 4. Initiative-the process whereby the people directly propose and enact laws.
5. Recall 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 voters.

Republic Act 8189 "Voters Registration Act of 1996"

 A citizen in order to be qualified to exercise his right to vote, in addition to the

minimum requirements set by fundamental charter is obliged by law to register.

Persons disqualified to vote The responsibilities of determining who may be "disqualified

by law" and, therefore, may be precluded for exercising the right suffrage, is left by the
constitution to congress. As to who are disqualified to vote, the law enumerates them as
follow;

1. Any person who has been sentenced by final judgment to suffer imprisonment for
not less than one (1) year, such disability not having been removed by plenary
pardon or grated amnesty. But such person shah automatically reacquire the
right to vote upon expiration of five (5) years after service of sentence;
2. 2. Any person who has been adjudged by final judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duty constituted
anti-subversion and firearms laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with laws. Such person
shall likewise automatically regain his right to vote upon expiration of five (5)
years of sentence; and
3. Insane or incompetent persons as declares by competent authority. The above
persons are not qualified to vote even if they have the necessary qualification.
01%

The legislative Branch

 From the Latin lex, legis meaning law

 Broadly deals with:

1. Making
2. deliberation over enactment
3. amendment
4. repealing of laws
The Philippine Congress

(Art A Sec. 1)

The Philippine Congress is the country’s legislative department

Congress is bicameral

 Upper, Hour. Senate. .

 Lower House: House or Representatives

Senators and Representatives

When we say Congress, we refer to both houses of the legislative branch of

government in the Philippines.

- Congressmen in the Upper House are called Senators

- Congressmen in the Lower House are called Representatives

Both Congressmen

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.

Sections 2-4.

SENATE Composition & Qualification

.24 senators who shall be elected at large by the qualified voters of the Philippines, as
may be provided by law.

1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter and
5. Philippine resident for at least 2 years immediately preceding the day of the
election.
Sections 5-7 HOUSE OF REPRESENTATIVES

Composition:

 Not more than 25 members, unless otherwise fixed by law; and

 Party list-presentative
 Election. of 50 members

Qualification

 Natural born citizen of the Philippines;

 least 25 years old on the day oft. election;
 Able read and write;
 Registered voter int. district he seeks represent; and
 A resident of such. district for at least one year Immediately preceding the day of.
The election.

Power Of Congress

1. Appointment of Public Officials

2. legislative inquiry and investigation
3. Declare the existence of a state of war
4. Ratify the country's international treaties (Senate)
5. Authorize limited emergency powers for the President
6. Approve the government Budget
7. Undertake projects under the CDP
8. Propose review, and adopt hills for enactment into law
9. Overturn a Presidential veto with respect to proposed legislation
10. Allow for referenda
11. Propose amendments to the constitution and call for a constitutional convention

The Executive Department and Powers of the President

Executive Power

 it is the power to enforce and administer the laws (Cooley, Constitutional

Limitation, 8th ed., p. 183)
 The executive power is vested in the President of
 the Philippines (Art. VII, Sec. 1) ASV
Qualifications

 Natural born citizen

 A registered voter
 Able to read and write
 At Least 40 years of age on the day of election
 Resident of the Philippines for at least ten years immediately preceding the
election.

Term of Office Election

 The President and Vice-President shall be elected by the people for six (6) years.
(Art. VII, Sec 4 (I)
 Shall not be eligible for any re- election • No Person who has succeeded as
President xxx for more than 4years shall be qualified xxx (Art. VII, Sec 41
 Regular - Second Monday of they every six years
 Special - Death, Disability, Removal from office or Resignation
 Vacancies occur more than eighteen months before next election
 A law passed by congress

Prohibitions and Inhibitions

1. No Increase In salaries during the term.

2. Shall not receive emoluments.
3. Shall not hole otter office.
4. Shall not, directly or indirectly, practice any other profession, business, or be
financially Interested in ony other contract with fr./Inch. of the government.
5. Mold conflict, interest in the conduct of their office
6. May net appoint mouse or relatives by consanguinity or affinity within 4th civil
degree (Art VII, Section 6, 13)

Powers Of The President

 Executive Power
 Power of Appointment
 Power of Removal
 Power of Control
 Military Powers
 Pardoning Power
 Borrowing Power
 Diplomatic Power
 Budgetary Power
  Informing Power
 Residual Power
 Other Powers

Executive Power

• The President shall have the control of all executive departments, bureaus, and
offices. He shall ensure that laws are faithfully executed (Art. VII, Sec.17)

• Until and unless a law is declared unconstitutional, the President has a duty to execute
it regardless of his doubts as to its validity (Faithful Execution Clause) (Cruz, Phil.
Political Law)

Power of Appointment

 Selection by the authority vested with the power, of an Individual who is to

exercise the functions of a given office.
 Kinds of Presidential Appointments (Sec.15)
 Appointment made by on Acting President
 Midnight Appointment
 Regular Presidential Appointment
 Ad-Interim Appointment

Power of Appointment

Appointments Requiring the Appointments without the need consent of the Commission
on of CA Confirmation Appointments(VII, Sec.16) . Those vested by the

 Heads of executive departments Constitution on the (except VP) President alone

 Ambassadors and other public Appointments that are not ministers and Consuls
otherwise provided by law
 Officers of the AFP from the . Those authorized by law to rank of colonel or naval
appoint captain ,
 Officers tower in rank Officers whose appointments whose appointment is are
vested in him by the vested by law in the Constitution President Alone

Not all Cabinet members, however are subject to confirmation of the Commission on
Appointments.

According to the Commission of Appointments website, the following need confirmation

in order to assume their posts:
  Executive Secretary
 Secretary of Science and technology
 Secretary of Agrarian Reform
 Secretary of Social Welfare and Development
 Secretary of Agriculture
 Secretary of Budget and Management .
 Secretary of the Interior and Local Government
 Secretary of Education
 Secretary of Energy
 Secretary of Trade and Industry
 Secretary of Environment and Natural
 Secretary of Transpiration and Resources Communications
 Secretary of Finance .
 Secretary of Tourism
 Secretary of Foreign
 Affairs Commission on Higher Education
 Secretary of Health .
 Director General of the National
 Secretary of Justice .
 Economic and Development Authority
 Secretary of Labor and Employment
 Secretary of National Defense
 Secretary of Public Works and Highways

Power of Removal

 General Rule: This power is implied from the power to appoint (Cruz)
 Exception - Those appointed by him where the Constitution prescribes certain
methods for separation from public service.

Power of Control

• Control — The power of an officer to alter, modify, nullify, or set aside what a
subordinate officer had done in the performance of his duties and to substitute the
judgement of the former for that of the latter.

• Supervision — Overseeing or the power or authority of an officer to see that

subordinate officers perform their duties. If the latter fail or neglect to fulfill them, then
the former may take such action or steps as prescribed by law to make them perform
these duties.
Doctrine of Qualified Political Agency or Alter Ego Principle

The multifarious executive and administrative functions of the Chief Executive are
performed by and through the executive departments. The acts of the Secretaries of
Executive departments xxx in the regular course of business or unless disapproved xxx
are presumptively the acts of the Chief Executive

Military Powers

Commander-in-Chief clause

 To call out the Armed Forces to prevent or suppress Lawless violence, invasion
or rebellion(whenever it becomes necessary)
 Vested directly by the Constitution
 Authority to declare a state of rebellion
 Military Tribunals are simply instrumentalities of the executive power provided by
the legislature for the Commander-in-Chief to aid him in enforcing discipline in
the armed forces.

Pardoning Power (Sec.19)

 Pardon - act of grace which exempts individual from punishment which the law
inflicts.
 As to effect:
Plenary or
Partial
 As to presence of condition:
Conditional Pardon or
Absolute Pardon

Pardoning Power (Sec.19)

 Amnesty - a general pardon to rebels for their treason or political offence; it so

overlooks and obliterates the offense with which he is charged.
 Person released by amnesty stands 0 . before the law precisely as though 111 )
V:I he had committed no offense.
Other forms of executive clemency:

 Commutation - reduction or mitigation of penalty

 Reprieve - postponement of sentence or stay of execution
 Parole - release from imprisonment, but without full restoration of liberty(in
custody of law although not in confinement
 Remission of fines and forfeiture - prevents the collection of fines and
confiscation of forfeited properties; cannot affect the rights of third party and
money already in the treasury

Borrowing Power(Sec. 20)

 The President may contract or guarantee foreign Loans on behalf of the Republic
with the concurrence of the Monetary Board, subject to such limitations as may
be provided by Law.
 The Monetary board shall submit to the Congress report on loans within 30 days
from the end of every quarter.

Diplomatic Power (Sec. 21)

 No treaty or international agreement shall be valid and effective unless concurred

in by at (east 2/3 of alt the members of the Senate
 The power to ratify is vested in the President, subject to the concurrence of the
Senate.

Other foreign affairs powers:

 power to make treaties

 the power to appoint ambassadors, public ministers, and consuls
 power to receive ambassadors and other public
 ministers
 Deportation Power

Budgetary Power

• Within 30 days from the opening of every regular session, President shall submit to
Congress a budget or expenditures and sources of financing, including receipts from
existing and proposed revenue measure.

• Congress may not increase the appropriation recommended by the President for the
operation of the Government as specified in the budget.
Informing Power

 The President shall address Congress at the opening of its r regular session. He
may also appear before it at any other time.
 The information may be needed for the basis of Legislation (Cruz).
 The President usually discharges ; the informing power through what is known as
the State of the Nation Address.

Residual Power

Marcos vs Maglapus

Held:

The powers of the President cannot be said to be Limited only to the specific powers
enumerated in the Constitution. Executive power is more than the sum of specific
powers so enumerated.

Residual unstated powers of the President are implicit in and correlative to the
paramount duty residing in that office to safeguard and protect general welfare.

The President xxx has unstated residual power xx which are necessary for her to
comply with her duties.

Other Powers

 Call to Congress to a special session

 Approve or veto bills
 Deport Aliens
 Consent to deputation of government personnel by COMELEC and discipline
them
 Exercise emergency (war, Law, Limited, necessary) and Tariff powers
 Power to classify or reclassify Lands

The Judicial Department

Article VII

Judiciary - (also known as the judicial system or tourt system) is the system of courts
that interprets and applies the law in the name of the state. The judiciary also provides a
mechanism for the resolution of disputes. Under the doctrine of the separation of
powers,
The judiciary generally does not make law (that is, in a plenary fashion, which is the
responsibility of the legislature) or enforce law (which is the responsibility of the
executive), but rather interprets law and applies it to the facts of each case.

This branch of the state is often tasked with ensuring equal justice under law. It usually
consists of a court of final appeal (called the “Supreme court” or “Constitutional court”),
together with lower courts.

Section 1

The judicial power shall be vested in one Supreme Court and in such lower courts as
may be established by law.

Judicial power includes the duty of the courts 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.

Scope of Judicial Power

Adjudicatory Power

 To settle actual controversies involving rights

 To determine whether there has been a grave abuse of discretion to lack or
excess of jurisdiction

Judicial Review

 Interpret the law and mabe them binding judgements

 Constitutionality of the laws

Incidental Power

 Powers essential for the discharge of their judiciary function

Supreme Court

 Final decision maker

 Highest court of the land

Classes of Courts

 Constitutional Court o Provided by the constitution

 One Supreme Court
Statutory Courts

 Creations of law
Legislative
 Lower courts
Courts below the Supreme Court

Statutory Courts

 Regular
 Court of Appeals
 Regional Trial Court

Metropolitan Trial Court

Municipal Trial Court

Municipal Circuit Trial Court

 Shari’a District Court

 Special
 Sand iganboyan

Review cases filed against government officials

 Court of Tax Appeals

Review appeals on the decisions of the BIR

Quasi-Judicial Agencies

 “Agencies under the Executive Department performing duties similar to the

Judicial Department
 Make pronouncements and judgements on certain issues

 Commission on Elections
 National Labor Relations Commission
 Securities and Exchange Commission
 They render judgements just like the Judicial Department, yet they form part of
the Executive Department
 Agrarian Reform and Taxation in the Philippines

Agrarian reform Defined

The transfer of control and ownership of agricultural land to the actual tillers.

LAND REFORM vs. AGRARIAN REFORM

Land Reform

Improvement of the farmers relationship to the land that they cultivate.

Agrarian Reform

Concerned is the total development of farmers on economic, social and political

transformation.

HISTORY OF AGRARIAN REFORM IN

THE PHILIPPINES

By the Spanish

Land during the Spanish Era were owned and controlled by the friars. The land
distribution was done in the form of rewards to the peasants because of their loyalty and
faithful to the Spanish officials.

By the Americans

Land that owned by the Friars were sold to those families who can afford to buy big
tracts of lands which later on became haciendas.

Macapagal Administration

Agricultural Land Reform Co& (RA 3844) was a major advancement of land reform in
the Philippines and was enacted in 1963 under President Diosdado Macapagal.

It abolished tenancy and established a leasehold system in which farmers paid fixed
rentals to landlords, rather than a percentage of harvest.

It also established the Land Bank of the Philippines to help with land reform, particularly
the purchase of agricultural estates for division and resale to small landholders, and the
purchase of land by the agricultural lessee.
 COMPRIHENSIVE AGRARIAN

REFORM PROGRAM

It is the redistribution of lands, regardless of crops or fruits produced, to farmers and

regular farm workers who arc landless, irrespective of tenurial arrangement, to include
to totality of factors and support services designed to lift the economic status of the
beneficiaries and all other arrangements alternative to the physical redistribution of
lands, such as production or profit-sharing, labor administration, and the distribution of
shares of stock which will allow beneficiaries to receive a just share of the fruits of the
lands they work.

Comprehensive Agrarian Reform Law

Republic Act No. 6657, called Comprehensive Agrarian Reform Law was signed by
Pres. Corazon Aguino on June lo, 1988. The Comprehensive Agrarian Reform Law is
responsible for the implementation of the Comprehensive Agrarian Reform Program
(CARP).

Scope of Agrarian Reform

All public and private agricultural lands as provided in Proclamation No.131 (Instituting a
Comprehensive Agrarian Reform Program) and executive order No. 229
(Implementation of CARP), including other lands of the public domain suitable for
agriculture.

Objectives:

At the end of this lecture, the students shall be able to:

 Define taxation.
 Discuss the purposes of taxation.
 Identify the theory and basis of taxation.
 Describe the principles of a sound tax system.
 List the nature of taxation.
 Explain the limitations of taxation (constitutional and Inherent)
 Identify the aspects of taxation.

Taxation in the Philippines

What is taxation’

Taxation is the process or means by which the sovereign, through its lawmaking body;
raises income to defray the necessary expenses of the government.
Purpose of taxation

Primary Purpose

 To provide funds or property with which to promote the general welfare of its
citizens and to enable it to finance its multifarious activities.

Secondary Purpose

 To strengthen anemic enterprises by giving tax exemptions.

 To protect local industries against foreign competition through imposition of ligh
customs duties on imported goods.
 To reduce inequalities in wealth and income by imposing progressively higher
taxes.
 To prevent inflation by increasing taxes or ward off depression by decreasing
taxes.

Theory and Basis of Taxation

Theory

 The existence of the government is a necessary

 The government cannot continue without a means to pay its expenses.
 The government has the rights to compel its citizens and property within its limits
to contribute,

Basis

 Taxation is based on the reciprocal duties of protection and support between the
government and its people.
 Government receives taxes from the people which is used to perform functions of
government and other benefits.
 Benefit-received theory.

Basic principles of sound tax system

 Fiscal adequacy
 Equality or theoretical justice
 Administrative feasibility
Fiscal adequacy

 The source of government revenue should be efficient to demand the needs of

public expenditure.
 Creating new (axes or new tax machinery or by merely changing the rates
applicable to existing taxes.

Equality or theoretical justice

 The tax burden should be proportionate to the taxpayer’s ability to pay.

 Ability-to-pay principle.

Administrative feasibility

The tax laws should be capable of convenient, lust and effective administration.

Each tax should be: .

 Clear and plain to the taxpayer.

 Capable of uniform enforcement
 Convenient as o rime, place and manner of payment.
 Not unduly burdensome un or discouraging to business activity

Nature of laxation

 It is inherent in sovereign
 Legislative in character.
 Subject to constitutional and inherent limitations.