Professional Documents
Culture Documents
Reviewer in PPG
Reviewer in PPG
SPECIAL COURTS
● Court of Tax Appeal
- has exclusive jurisdiction over tax appealed by private citizens and
commercial firms who protect the amount of taxes imposed
● Sandiganbayan
- decides cases involving graft and corruption by government employees
● Ombudsman
- investigates cases of graft and corruption
- Tanodbayan
● Shari'a Courts
- Islamic regions and provinces
- to interpret and apply the Code of Muslim Personal Laws with Shari'a Circuit
Courts (SCCs) and the Shari'a District Courts (SDCs), at the same level as the
Municipal Circuit Trial Courts (MCTCs) and Regional Trial Courts (RTCs),
respectively
● The Supreme Court
- the highest court in the land
- Appointed by President
- 14 associates justices and 1 chief justice
- the final arbiter of controversies and disputes brought to the courts of law
- Art. VIII Section 5 of the Constitution enumerated the following petitions for
certiorari, prohibition, mandamus, quo warranto, and habeas corpus powers
of the Supreme Court.
(1) Exercise original jurisdiction over cases affecting ambassadors, other
public ministers
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders of lower courts
⚫
in cases of:
constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction,
⚫
ordinance, or regulation is in question
legality of any tax, impost, assessment, or toll, or any penalty
⚫
imposed in relation thereto
⚫
jurisdiction of any lower court is in issue
⚫
penalty imposed is reclusion perpetua or higher
only an error or question of law is involved
(3) Assign temporary judges of lower courts to other stations as public
interest may require.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and legal assistance to
the underprivileged.
(6) Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law. Section 6 also emphasized that the Supreme Court shall
have administrative supervision of all courts and their personnel.
Certiorari
- individual action
- a writ issued by a superior court requiring a lower court or a board of officer
exercising judicial function to transmit the records of a case to the higher
tribunal for purposes of review
Prohibition
- written order by which a superior court commands a lower court or a
corporation, board, or a person to desist from further proceedings in action
Mandamus
- order issued by a high court commanding a lower court or a corporation
board, or person to perform a certain act, which is its duty to do
- orders a compliance or performance of an act
Quo warranto
- action by the government to recover an office or franchise from an individual
or corporation usurping or unlawfully holding it
Writ of Habeas Corpus
- a law stating that an individual cannot be imprisoned or held in custody inside
a prison cell unless he/she has first been brought before a court of law
- decides whether or not it is legal for the person to be kept in prison
● Court of Appeals
- second highest
- 68 associate justices
QUALIFICATIONS
● Member of Supreme Court, Court of Appeals, Court of Tax Appeals
✓ Natural born citizen of the Philippines
✓ At least 40 years old
✓ Atleast 15 years or more as a judge of a lower court
✓ Atleast 15 years of law practice in the Philippines
✓ Must be a person of proven competence, integrity, probity and independence
TENURE OF OFFICE
● Members of the Supreme Court (SC) and judges of the lower courts shall enjoy their
office during good behavior
● Members of the SC shall enjoy the position until they are removed in the long and
complicated process of impeachment
● Hold office until they reached 70 years or become incapacitated
● Until dismissed by members of the SC for a probable cause
● The LGUS are given a portion of the national budget but are also authorized to
identify sources of revenue through local taxes and other sources of income.
● have local councils (legislative body) - creates laws that comply with national laws
● Article X of the 1987 Constitution
- the national government should also grant Local Autonomy to the local
government
● Local Government Code of 1991
- primary bases for the organization and administration of local government
units in the country
- outlines the means by which a local government unit is identified and
organized, as well as provisions for law enforcement, local taxation, fiscal
management, and coordination with the national government
● The LGUs are subject to supervision by the President, through the Department of
Interior and Local Government. ( DILG).
● The DILG also assists LGUs in terms of law enforcement, legislation, and recovery
from calamities.
● Tabajen and Pulma (2016) - "self- governing"
● granting of more powers, authority, responsibilities and resources by the national
government to local government units in order to be self-reliant and active partners
BARANGAY GOVERNMENT
● basic unit of local government in the Philippines
● where governance directly relates to the concerns of citizens and communities
● government programs and policies are applied and directly impact the lives of
citizens
● forum where citizens are able to directly express their opinions and give suggestions
to public officials
● must have a population of 2000 pesos
● activities such as the implementation dispute settlements
● serves as the executive, legislative, and arbitration body of the barangay
● PUNONG BARANGAY
- chief executive
- enforcement of laws and ordinances
- maintaining peace and order
- supervising the planning of barangay annual and other financial concerns
- leading meetings with the other members of the Barangay Government
● BARANGAY SECRETARY
- keeps and updates the records of the meetings of the barangay gov’t
● BARANGAY TREASURER
- releases and keeps track of the barangay’s government funds
● SANGGUNIANG BARANGAY
- legislative council - composed of 7 members
- formulations and passage of ordinances and budget plans
- establishing and promoting barangay cooperatives
- organizing lectures on literacy and health
- authorizing the Punong Barangay to sign contracts on behalf of Barangay
● LUPONG TAGAPAMAYAPA
- Lupon - serves as the dispute settlement and conciliation body of the
barangay
- Composed of 10-20 members led by the Punong Barangay
- address some legal issues in cases brought before them
- forwards cases where conciliation has failed to the appropriate courts
● SANGGUNIANG KABATAAN
- youth council of the barangay
- conducts program aimed at promoting the welfare of the youth
- composed of a Chairman, Secretary, Treasurer and seven Council Members
MUNICIPAL GOVERNMENT
● Bayan
● collection of barangays
● must earn an average annual income of 2,500, 000 pesos for at least 2 years
● a population of at least 25, 000
● must have a territory with adjacent lands of at least 50 square kilometers
● MUNICIPAL MAYOR
- chief executive of the municipal gov’t
- primarily in charge of the implementation of government policies and
programs within his/her jurisdictions
- promulgation and enforcement of laws within the jurisdiction
- appointing officials to the municipal government
- planning the budget proposal of the government
- visiting the constituent barangays of the municipality every 6 months
● MUNICIPAL VICE-MAYOR
- second highest official
- replace the Mayor should latter vacate the position
- presiding officer of the legislative body of the municipal gov’t
● SANGGUNIANG BAYAN
- tasked with the formulation of ordinances in the Municipality
- approval of proposed budgets for gov’t projects
- evaluate the ordinances approved by the Sangguniang Barangay
- determines if these are in line with the powers and responsibilities of the
Barangay Government
● MUNICIPAL TREASURER
● MUNICIPAL BUDGET OFFICER
● MUNICIPAL ENGINEER
- responsible for the other tasks related to the administration of municipality
CITY GOVERNMENT
● made up of group of barangays
● distinguished by a higher rate of economic growth and a larger population and
territory
● must have an average annual income of 20,000,000 pesos for at least two years
● a territory with adjacent lands at least 100 sq. kilometers
● must have a population of at least 150, 000
● categorized as component city (cc), independent component city (ICC), highly
urbanized city (HUC)
● COMPONENT CITY
- considered part of a province
- elected provincial officials
- Legazpi City, Isabela City
● INDEPENDENT COMPONENT CITY
- administratively independent from the province
- does not elect provincial officials
- Naga City and Ormoc City
● HIGHLY URBANIZED CITY
- independent city
- has a bigger population (at least 200,000)
- has an income (50,000,000 pesos for a year)
- Metro Manila, Bacolod City, Cebu City, Davao City, and Cagayan de Oro City
● CITY MAYOR
- head of the city gov’t
- doesn’t prepare the budget for projects of the city gov’t
● VICE MAYOR
- second highest official
- presides over the legislative body
● SANGGUNIANG PANLUNGSOD
- composed of councilors, representatives from the youth
PROVINCIAL GOVERNMENT
● local gov’t unit comprised of municipalities and cities
● must have an average annual income of 20,000,000 pesos
● must have a territory with adjacent lands at least 2,000 sq. kilometers\
● must have a population of at least 250,000
● GOVERNOR
- chief executive of the province
- monitor the admin. of component cities and municipalities in the province
- ensure the implementation of laws and ordinances
- create provisions for public service
- directs the formulation of provincial development plans and implements them
● VICE-GOVERNOR
- assists the Governor
- presiding officer of the provincial legislative body
● SANGGUNIANG PANLALAWIGAN
● PROVINCIAL TREASURER
● HEALTH OFFICER
● PLANNING AND DEVELOPMENT COORDINATOR
- assist the Governor in administering the province and implementing policies
and development programs
REGIONALIZATION
● Regions
- country is divided into administrative units
- composed of provinces that share common territory
● intended to promote growth and development throughout the country by identifying
significant concerns and problems within each region
● formulating development plans that address them
● do not have separate local gov’t units
● REGIONAL DEVELOPMENT COUNCILS
- oversees economic planning and the implementation of development
program
● REGIONAL AUTONOMY
- entitled to a certain degree of political integration
- development policies and project address their distinct need
- conform to the particular culture of the region
- exercise certain gov’t powers
(1) organizing their own administrative bodies
(2) managing their funds, ancestral domain, natural resources
(3) developing their tourism, educational policies
- doesn’t correspond to the total ind. from the state
- under the authority of the Phil. Nat’l Gov’t
● CORDILLERA ADMINISTRATIVE REGION (CAR)
- established in 1987
- composed of provinces located
- administrative region
- doesn’t have its own regional gov’t yet
● AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM)
- led by the regional governor and vice-governor
(1) performs tasks similar to those heads of other local
- supported by the ARMM Cabinet
(1) pertain to safety and security
(2) maintenance of the records of the regional gov’t office
(3) counterpart of the Nat’l Cabinet
Executive Council
- advises the governor regional governances
- approves projects to be implemented
- composed of Vice-Gov. and three dev. Govs representing Muslims and
Christians
Legislative (Reg. Legis. Assembly)
- enacts the law to be implemented
- approves the application of the ARMM Cabinet Members
- evaluates budget proposal sub. by the government.
BBL
- product of dialogues between nat’l gov’t and rebel group
- aims to convert the ARMM to the BAR
- grants powers to the regional gov’t - exercising powers of the nat’l
gov’t
SUFFRAGE, ELECTIONS AND POLITICAL PARTIES
SUFFRAGE
right and obligation to vote of qualified citizens in the election of public officers
the right to vote in a political election
often conceived in terms of elections for representatives
applies equally to referenda and initiatives
“practical question of whether a question will be put to a vote"
Article 2 Section 1 (1987 Philippine Constitution) - "Suffrage may be exercised by all
citizens of the Philippines, not otherwise, disqualified by the law who are at least
eighteen years of age, and who shall have resided in the Philippines for at least one
year and in the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage."
Views on Suffrage
1. A mere privilege - a privilege to be given or withheld by the law
2. A political right- enables a citizen to participate in the process of government
Scope of Suffrage
1. Election means by which people choose their officials
2. Plebiscite- vote of the people expressing their choice for or against a proposed law
submitted to them
3. Referendum - submission of a law passed by the legislative body to the people for their
ratification or rejection
4. Initiative - a method in which people directly propose and enact laws
5. Recall a method - an elective local official may be removed from office during his tenure
Age Qualification
Human beings have the maturity, experience, education and sense of judgment that will
enable them to vote with a reasonable degree of intelligence.
Residence Qualification
- a person can familiarize himself with the needs and conditions and the personalities
of the nation and locality
-
Persons Disqualified to Vote
- Those who have been sentenced to suffer imprisonment for not less than 1 year
- Those who committed any crime involving disloyalty to the government such as
rebellion and sedition
- Those declared as insane or incompetent person
-
Sec. 2 Art. 2 (1987 Constitution)
"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 Dr Congress shall
also design a procedure for the disabled and the illiterates to vote without the assistance of
other persons. Until then, they shall be allowed to vote under existing laws and such rules as
the Commission on Elections may promulgate to protect the secrecy of the ballot."
Election
➤ a formal group decision-making process by which a population chooses an individual to
hold public office
➤ usually used in Democratic nations - elected officials are accountable to the people, and
they must return to the voters at prescribed intervals to seek their mandate to continue in
office
➤ Under the Constitution, elections for the members of Congress and local positions
(except barangay officials) occur every second Monday of May every third year after May
1992, and presidential and vice-presidential elections occur every second Monday of May
every sixth year after May 1992.
➤ Majoritarian/Plurality - type of an electoral system provided by the 1987 Constitution
- the country’s national and local elective officials win thru a plurality
of votes
Electoral System
➤ A set of rules and regulations governing the voting process.
➤ A vital pillar of democracy-shapes the nature of representation in any system of
government
-structure the arena of political competition
➤ far-reaching implications to governance have been recognized
➤ transforms the votes cast in elections into seats won by parties and candidates
➤ has an influence on the way district boundaries are drawn, how voters are registered, the
design of ballot papers, and how votes are counted, etc.
➤ type of party system that develops (relative sizes of political parties in parliament) which
heavily influenced by the choice of electoral system
Political Party
➤ seeks political power by electing people to office so that its positions and philosophy
become public policy
➤ aims to attain and maintain political power within government, usually by participating in
electoral campaigns
➤ mobilize voters on behalf of a joint set of interests, concerns and goals
➤ any aggrupation of persons who come together on how well the best interest of the
people might be served
➤ any group providing label upon which candidates run for public offices
Party Functions
➤ Organize the Competition - exist primarily as an organizing mechanism to win elections
- gains control of the government
➤ Unify the Electorate
- helps unify the electorate and moderate conflict, at least within the party
- have a strong incentive to fight out their internal differences but come together to
take on the opposition
OBLIGATIONS OF CITIZENS
1. Loyalty or have a sense of patriotism
2. Obeys law
3. Participation in political processes
● Natural-Born Citizens
- those who are citizens of the Philippines from birth without having to perform
any act to acquire or perfect their Philippine citizenship
Citizens of the Philippines who marry aliens/foreigners shall retain their citizenship unless
by their act or omission they are deemed, under law, to have renounced it.
● Dual Citizenship
- a situation in which a person simultaneously owes, by some positive act,
loyalty to two or more states
- arises because our laws cannot control the laws of other countries on
citizenship
ACTIVE CITIZENSHIP
● refers to a philosophy espoused by organizations and educational institutions which
advocates that members of charitable organizations, companies or nation-states
have certain roles and responsibilities to society and the environment, although those
members may not have specific governing roles
● articulation of the debate over rights versus responsibilities.
● If a body gives rights to the people under its remit, then those same people might
have certain responsibilities to uphold.
● one who fulfills both their rights and responsibilities in a balanced way
● combination of rights and obligations that link individuals to the state, including
paying taxes, obeying laws, and exercising the full range of political, civil, and social
rights
● Active citizens use those rights to improve the quality of political or civic life, through
involvement in the formal economy or formal politics, or through the sort of collective
action that historically has allowed poor and excluded groups to make their voices
heard
● a "concept that covers both the rights and responsibilities of citizens
● include participation and belonging to a caring community
● advocates urge people to pursue the public good above the narrower interests of
their private lives
● encourage people to be more involved in their neighborhoods, their social groups and
the global community to change the world for the better
● citizens taking opportunities to become actively involved in defining and tackling the
problems of their communities and improving their quality of life
● someone who cares about their community enough to change it
● a person who is involved in the community
Responsible Voting
● Voting, or the exercise of suffrage - basic and most common act of political
participation
● The right to choose the country's leaders and government officials requires citizens
to make careful and informed decisions, and to determine the possible effects of
their choices not only on their personal lives but also on their communities and the
nation in general.
● Voters must be aware of prevailing social and political issues so they can evaluate
the specific platforms of political candidates.
● They must elect candidates who embody and uphold democratic ideals, and whose
plan of action or platform is the most attainable and beneficial to the state.
● One means to determine the "perfect candidate" during elections is scrutinizing his
or her background and track record.
● He or she must have a clean record of service.
● He/she must possess the required experience and must exhibit administrative
capability.
● Citizens must also keep themselves informed of issues and developments during the
campaign period by watching the news and attending political debates and forums.
● This will serve as an additional means for voters to evaluate candidates and
determine who will be the most effective leaders of the country.
Combating Graft and Corruption
● Graft and corruption have significant effects on public services and infrastructure, as
the misuse of funds often results in substandard infrastructures and services, which
have detrimental effects on the citizens.
● Eliminating corruption in the government, therefore, will result in economic gains as
resources become more efficiently utilized and maximized to improve government
services.
● As citizens, we must take steps to continually call on our government to address
corruption and ensure that all public funds are utilized for the welfare of the people.