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 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 communitys 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.
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
1. 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.

2. Aristocracy-one in which political power is exercised by a few privileged class,

which is known as the aristocracy or oligarchy
3. Democracy-one in which political power is exercised by a majority of the people,
democratic government are further classified into: 1) direct or pure democracyone 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:
1. Unitary Government: one in which the control of national and local affairs is
exercised by the central or national government
2. 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:
1. 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
2. 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 overthrown but the state remains.
The state has four components and these are territory, sovereignty, government and
people.
Elements of the state:
1. 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
2. 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.
3. 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.
4. 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:
1. 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
2. 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
3. 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
4. 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:
1. 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.
2. The state is not subject to external control while a nation may or may not be
independent of external control
3. 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:
1. 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.
2. 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 to-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 though 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.
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 publics
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 states 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, 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 countrys 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:
1. 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.
2. 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.
3. 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 clear procedures for public decision making
and open channels of communication between stakeholders and officials and
make a wide range of information accessible.
4. Responsiveness: institutions and processes try to serve all stakeholders
5. 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.
6. Equity: all men and women have opportunities to improve or maintain their well
being
7. Effectiveness and efficiency: Processes and institutions produce results that meet
needs while making the best use of resources.
8. 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.
9. 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.
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:
1. 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.
2. 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.

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 Constitutions 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), air (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 property, located within the territory, are subject to the supreme authority of
the state.

DECLARATION OF PRINCIPLES AND STATE POLICIES

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

10

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 constitutions 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 nations safety
against any threat to its existence, either foreign or domestic. The 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
citizens 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 mans 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 Caesars and unto God
the things that are Gods. 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:
a) The state shall have no official religion;
b) 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;
c) Every person is free to profess belief or disbelief in any religion;
d) Every religious minister is free to practice his calling; and
e) 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

11

national sovereignty, territorial integrity, national interest and the right

to self determination.
In the states 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 countrys relations with other countries of a foreign policy
that revolves only on our relations with select 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.

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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.
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 constitutions 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 countrys 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
womens participation in non-household and productive activities and thus make
them direct contributors to the countrys 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.

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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.
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

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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.
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

15

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.
THE BILL OF RIGHTS
The bill of rights may be defined as a declaration and enumeration of a persons
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 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.

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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 of 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:
1. It must be issued upon probable cause
2. The probable cause must be determined personally by the judge himself
3. 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
4. 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.
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:
1. When in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense;
2. 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;
3. 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:

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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 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,

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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 ones taking the law in his own hands to the great detriment of
society.
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.

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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 someones
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.
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 officials 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

20

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
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.

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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 anothers 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 consent of the accused, the latter cannot again be

22

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:
1. Makes an act done before the passage of a law, innocent when done, criminal and
punishes such act; or
2. Aggravates a crime or makes it greater than when it was committed; or
3. Changes the punishment and inflicts a greater punishment than what the law
annexed to the crime, when committed; or
4. 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:
1. Those who are citizens of the Philippines at the time of the adoption of
this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers who elect
Philippine citizenship upon reaching the age of majority;
4. 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:
1. Involuntary method-by birth, because of blood relationship or place of birth
2. 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

23

renunciation of a former nationality and the fact of entrance to a similar relation

towards a new body politic. A person may be naturalized in two ways:
1. By judgment of the court-The foreigner who wants to become a Filipino citizen
must apply for naturalization with the proper Regional Trial Court.
2. 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:
A. 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
B. 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 ones nationality is called expatriation. In time
of war, however, a Filipino citizen cannot expatriate himself.
Reacquisition of lost citizenship:
1. By naturalization, provided the applicant possesses none of the disqualifications
provided in the naturalization law
2. 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
3. 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 wifes/husbands 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 citizenship 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 t dual allegiances of citizens. Dual citizenship
arises because our laws cannot control laws of other countries on
citizenship, while it is not per se objectionable, the status of dual

24

citizenship may be regulated or restricted by law where it is conducive

or could lead to dual allegiances.
Duties and Obligations of Citizens:
1. 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.
2. 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 ones country at all times and at all costs.
3. 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.
4. 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.
5. 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.
6. 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.
7. To engage in gainful work-employment is not the obligation solely of the State.
Every citizen should consider it his on 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.
8. 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 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.

25

Scope of suffrage:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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:
1. 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.
2. 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 antisubversion 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.
3. 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 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 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.

26

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:
1. A second chamber is necessary to serve as a check to hasty and ill-considered
legislation
2. It serves as a training ground for future leaders
3. It provides a representation for both regional and national interests
4. A bicameral legislature is less susceptible to bribery and control of big interests
5. It is the traditional form of legislative body dating from ancient times; as such it
has been tested and proven
Disadvantages of bicameralism:
1. The bicameral set-up has not worked out as effective fiscalizing machinery
2. Although it affords a double consideration of bills, it is no assurance of betterconsidered and better-deliberated legislation
3. 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 differences
4. All things being equal, it is more expensive to maintain than a unicameral
legislature
5. 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

27

Qualifications of a Senator (Section 3)

1. A natural born citizen of the Philippines
2. At least 35 years of age on the day of the election
3. Able to read and write
4. A registered voter
5. 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)
1.
2.
3.
4.

A natural born citizen of the Philippines

At least twenty-five years of age
Able to read and write
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:
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:
1. 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)

28

2. 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 quasijudicial 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.
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.

29

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:
1. 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
2. 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:
1. 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.
2. 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. Singsons wife,
Candon Mayor Grace Singson, ran a tobacco trading and hauling business.

30

3. 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 lawmakers more high 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.
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

31

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)

1. 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.

2. 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.
3. 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)

1. 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.
2. The Chairman of the Commission shall not vote except in case of a tie.
3. 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.
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

32

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 Aquinos 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 Santiagos 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 reappointed 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
lawmakers 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 lawmakers 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, Arroyos 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.

33

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 Congressmans relative or crony, or coursed
through cooperatives or foundations run by a lawmakers 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 lawmakers 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,

34

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
seats. Bigger parties which traditionally will dominate elections cannot
seats and crowd out the smaller parties because of this maximum
system shall pave the way for smaller political parties to also win in
Representatives.

(3) party list

corner all the
ceiling. This
the House of

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:
1.) 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.
2.) The parties shall be ranked from highest to lowest based on the number and
percentage of votes garnered during the elections.
3.) 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:
1.) It is a religious sect or denomination, organization or association organized for
religious purposes.
2.) It advocates violence or unlawful means to achieve its goal.
3.) It is a foreign party or organization.
4.) 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.
5.) It violates or fails to comply with laws, rules or regulations relating to elections.
6.) It has made untruthful statements in its petition.
7.) It has ceased to exist for at least one (1) year (applicable after the 1998
election)
8.) 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

35

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:
1.) A natural born citizen of the Philippines.
2.) A registered voter
3.) A resident of the Philippines for a period of not less than one (1) year
immediately preceding election day
4.) Able to read and write
5.) A bona fide member of the party or organization he seeks to represent for at
least ninety (90) preceding election day;
6.) At least twenty five (25) years of age on Election Day.
Limitations on party list nominations:
1.) A person may be nominated by one party in only one (1) list.
2.) Only persons who have given their consent in writing may be named in the list.
3.) 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.
4.) 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.
1. 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.
2. Special or supplemental appropriation-they include all appropriations not
contained in the budget. They are designed to supplement the general
appropriations.
3. Specific appropriation-one that sets aside a named sum of money for the
payment of a particular expense
4. 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:
1. Revenue bill: one of the primary and specific purpose of which is to raise revenue

36

2. 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.
3. 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.
4. Bill of local application-one affecting purely local or municipal concerns like one
creating a city or municipality or changing its name.
5. 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.

37

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:
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 taxpayers 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, donors 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.

38

How a bill becomes a law:

Senate

House of Representatives

Individual Senator
Bill is filed and assigned a number

Individual Representative
Bill is filed and assigned a number

Plenary Session: First Reading

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

Plenary Session: First Reading

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

Senate
-

propose
standing

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

After favorable action of the Senate

Committee the bill is forwarded to Senate
Committee on Rules calendars the bill for
floor discussion
Plenary Session: Second Reading
Sponsorship speech
Floor deliberations
Period of amendments
Voting
Plenary Session: Third Reading
Sponsorship speech
Floor deliberations
Period of amendments
Voting
Approval after third reading the bill is
transmitted to the House of Representative

propose
standing

House
-

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

After favorable action of the House Committee

the bill is forwarded to House Committee on
Rules calendars the bill for floor discussion
Plenary Session: Second Reading
Sponsorship speech
Floor deliberations
Period of amendments
Voting
Plenary Session: Third Reading
Sponsorship speech
Floor deliberations
Period of amendments
Voting
Approval after third reading the bill is
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.

39

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 Presidents 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)
1.
2.
3.
4.
5.

Natural born citizen of the Philippines

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

Electing the President: (Section 4)

1. The President is elected by direct vote of the people in a regular election held on
the second Monday of May.
2. 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.
3. 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
4. Congress after determining the authenticity of the certificates shall canvass the
votes
5. 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.
6. 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.

40

The term of the President: (Section 4)

1. 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
2. The President shall not be eligible for any re-election
3. The Presidents 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:
1. 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.
2. 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.
3. 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.
4. The ban will also put an end or at least hamper the establishment of political
dynasties.
5. 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:
1. 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)
2. 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)
3. 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)
4. 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)
5. The law on special election shall become law upon its approval on third reading
by Congress. (Section 10)
6. 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:

1. 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)
2. The Vice-President may be appointed as a Member of the Cabinet. Such
appointment requires no confirmation. (Section 3)
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

41

interruption in the continuity of the service for a full term for which he was
elected. (Section 4)
4. If the President-elect fails to qualify, the Vice President elect shall act as
President until the President-elect shall have qualified. (Section 7)
5. 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)
6. 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:
1. 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

42

written declaration to the contrary, such powers and duties shall be discharged by
the Vice President as the acting Vice President. (Section 11)
2. 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 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)
3. 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)
4. 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)
5. 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 Presidents 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 Presidents Appointing Power: (Section 16)
1. 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.
2. 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.

43

3. 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 Presidents 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 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:
1. Regular appointments: are those made during the sessions of Congress
2. Ad interim appointments are those made during the recess of Congress
Kinds of appointments in the career service:

44

1. 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.
2. 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 Presidents control over executive departments: (Section 17)
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:
1. The power of appointment: with which the President may choose men of
competence and confidence
2. The power of removal: with which the President may weed out incapable and
dishonest officials.
The President and Declaration of Martial Law: (Section 18)
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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

45

suspension of the privilege of the writ or the extension thereof and must
promulgate its decision thereon within thirty days fm its filing.
7. 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.
8. 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.
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:
1. The President solely grants pardon after conviction, while amnesty, with
concurrence of Congress before and after conviction.
2. 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.
3. Pardon is granted for infractions of the peace of the state, while amnesty for
crime against the sovereignty of the state.
4. 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

46

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:
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 Estradas 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
Arroyos 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 Presidents 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 Presidents 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:
1. To contract or guarantee foreign loans

47

2. 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
3. To reserve land of the public domain for settlement or public sale, as well as stop
the sale of any land belonging to the governments private domain or any friar
land
4. To direct the Solicitor General to institute proceedings to recover ill-gotten wealth
of government officials and employees
5. To deport foreigners or change the status of non immigrants
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:
1. 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.
2. 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.
3. 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.

48

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:
1. Adjudicatory power: it includes the duty of courts of justice-a) to settle actual
controversies involving rights which are demandable and enforceable; and 2) 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.
2. Power of judicial review: 1) to pass upon the validity or constitutionality of the
laws of the state and the acts of other departments of the government; 2) to
interpret them; and 3) to render binding judgments.
3. 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 n 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

49

Manila while MTCs are situated outside the countrys 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.
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
Reclusion
Temporal

Duration
12 years 1 day
to 20 years

Minimum
12 years 1 day
to 14 years 8
months

Prision Mayor

6 years 1 day
to 12 years
6 months 1
day to 6 years

6 years 1 day
to 8 years
6 months 1
day to 2 years
4 months

Arresto Mayor

1 month 1 day
to 6 months

1 month to 2
months

Medium
14
years
8
months 1 day
to 17 years 4
months
8 years 1 day
to 10 years
2
years
4
months 1 day
to 4 years 2
months
2 months to 4
months

Arresto Menor

1 day
days

1 day
days

11 days to 2
days

Prision
correccional
and destierro

to

30

to

10

Maximum
17
years
4
months 1 day
to 20 years
10 years 1 day
to 12 years
4
years
2
months 1 day
to 6 years
4 months 1
day
to
6
months
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)

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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)
1. Congress may not deprive the Supreme Court of the constitutional powers
granted to it
2. Congress cannot prescribe the manner in which the Supreme Court should sit and
determine the number of Justices composing the court.
3. The Supreme Court is given the authority to appoint all officials and employees of
the judiciary
4. The members of the Supreme Court and judges of lower courts enjoy security of
tenure
5. Their salaries cannot be decreased during the continuance in office
6. The members of the Supreme Court can only be removed through the difficult
process of impeachment
7. The judiciary enjoys fiscal autonomy
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)
1. Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls and over petitions for certiorari, prohibition, mandamus,
quo warranto and habeas corpus.

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2. 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:
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;
all cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto;
all cases in which the jurisdiction of any lower court is in issue;
all criminal cases in which the penalty imposed is reclusion perpetua or
higher; and
all cases in which only an error or question of law is involved.
3. 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
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.
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.
6. Appoint all officials and employees of the judiciary in accordance with the Civil
Service law
7. To have administrative supervision over all courts and their personnel (Section 6)
8. To be the sole judge in all contests relating to the election, returns and
qualifications of the President or Vice President
9. 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 representative of the

52

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 Courts 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

53

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 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)

54

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
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 quasipolitical 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)
1. The House of Representatives has the exclusive power to initiate all cases of
impeachment.
2. 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.
3. 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,

55

together with the corresponding resolution. The resolution shall be calendared

for consideration by the House within ten session days from receipt.
4. 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.
5. 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.
6. No impeachment proceedings shall be initiated against the same official more
than once within a period of one year.

7. 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.

8. 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.
9. 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.
10. The Congress shall promulgate its rules on impeachment to effectively carry out
the purpose of this section.
11. 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.
12. 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

56

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)
1.
2.
3.
4.
5.

Natural born citizens of the Philippines and at the time of their appointment
At least forty years old,
Of recognized probity and independence;
Members of the Philippine Bar;
Must not have been candidates for any elective office in the immediately
preceding election;
6. 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)
1. 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.
2. Such appointments shall require no confirmation.
3. 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.
1. 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.
2. 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.

57

3. 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.
4. 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.
5. Request any government agency for assistance and information necessary in the
discharge of its responsibilities and to examine, if necessary, pertinent records
and documents.
6. Publicize matters covered in investigation when circumstances so warrant and
with due prudence.
7. 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.
8. 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 Ombudsmans 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 superadministrative 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.

58

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.
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.

59