Philippine Administrative System Chapter 1 & 2 PDF

CHAPTER 1. THE BASIC CONCEPT IN THE Ordinance PHILIPPINE ADMINISTRATIVE SYSTEM Law passed by City Councilors. All proposed amendments. Article II Inte...

CHAPTER 1. THE BASIC CONCEPT IN THE Ordinance PHILIPPINE ADMINISTRATIVE SYSTEM Law passed by City Councilors. All proposed amendments. Article II Intended to lay down the rules understanding the Plebiscite System of the Government. People will decide either to approve or reject the amendment / revision of the Constitution. Fundamental Principle and State Policies Purpose of the Republican Government PRINCIPLE POLICIES Purpose of the Republican Government is the SECTION 1. The Philippines is a democratic and promotion of common welfare according to the will of republican State. Sovereignty resides in the people the people. and all government authority emanates from them. Common Welfare A “Democracy” is a System of Government where the Is shared and beneficial for all of most of a people exercise Government powers, such as given community. Legislative, Executive Medical power either through representatives chosen by them. Will of the people It determines the rule of majority. This System treasures the VOX POPULI (The voice of the people is the voice) VOX DEI (of God.) What is the Majority? If the number is greater than half or more 2 Types of Democracy than half of any total. Direct What are the kinds of Majority Democratic states the people directly exercise the power of Government. Simple Majority Directly govern themselves. 50% + 1 of those present provided there is Indirect Quorum. Republicanism. Absolute Majority Power of Government the people exercise 50% +1 of all the members of the total of power of sovereignty through chosen members (whether present or absence) representatives. Qualified Majority Otherwise provided or the constitutions or law As a rule, the Philippines is a representative state. as the vote required. However our system shows some aspects of direct democracy as shown in the provisions of initiative, the Advantage of a Representative Government people Govern themselves by referendum and plebiscite. 1. If Obviates the necessity of cailing together a very unwill the assembly of the people Which People Initiative namolly has dependency to be this orders Amendment proposed by people. making a difficult to transact business. 2. The chances are greater the better result and Referendum obtain because the tax of government is People can approve or reject laws whether entrusted to men selected for their special National or Local. qualification to have more time and better National Legislature - Congress Statutes talent. Ordinance. Disadvantage of the a Representative Government Statutes Law passed by Congress approved by the 1. Representatives are chosen with the tendency President. to think of measures in terms of welfare of their own constituents rather than of their notions.  2. Chances are great that measures do not Interdependence reflect exactly what the people want They have different authority but both work especially in the country when there is not towards the sake of the state. well organized public opinion. 3. Chances are great that measures do not The System of Checks and Balances Rectifies the reflect exactly what the people want mistakes or excesses committed by the government especially in the country when there is not branches of other departments. well organized public opinion. Blending of powers Principles Representative Sharing of powers of the different 1. President departments of government whereby one 2. Members of the Congress department helps and coordinates with the other in the exercise of a particular power Cameralism has Two Members function or responsibility. 1. Senate 2. House of the Representative SEC. 2. The Philippines renounces war as an instrument of national policy, adopts the generally The existence of a Bill of Rights (Art. III); accepted principles of international law as part of the law of the land and adheres to the policy of Bills of Rights of people which the Constitution made peace, equality, justice, freedom, cooperation, and to protect people from possible abuse of Government. amity with all nations. Deprivation of Life and Liberty is unconstitutional 2 Kinds of War without proper due process. Aggressive War No one is above the Law One who declares war. Don't put the law in your hands Offensive to Constitution Not allowed The observance of The Principle of Separation of Powers and the System of Checks and Balances Defensive War Allowed when other nations declared war on Separation of Powers us. Allowed to the Philippines The Principles of Separation of Power Is a system requiring the assignment of government The Philippines renounces war as an instrument of powers separately to the different, independent, and national Policy. co-equal organs of the Government. This is the first aspect of the above declaration. It is in Legislative accordance with the principle in the United Nations Enact Law Charter binding all members to "re- frain in their Executive international relations from the threat or use of force Enforce Law against the territorial integrity or political Judicial independence of any state.." The declaration refers only Interpret or Apply Law to the renunciation by the Philippines of aggressive war, not war in defense of her national honor and What is the Purpose of the Separation of Power? integrity. Men and nations cannot waive in advance the Purpose is to divide the Concentration of basic right of self-preservation. Power Under Article VI, Section 23(1) of the Constitution, System of Checks and Balances Congress with the concurrence of two-thirds of all its members, voting separately, may de- clare the The Principle of Checks and Balance existence of a state of war. One Department is given certain powers by which it will definitely restrain others from exceeding constitutional Sovereign equality among states authority. Generally accepted principles of International Law. Incorporation Clause Maintenance of peace and order, etc. We have to adapt the generally accepted principles of international Law. The State (Government) shall pursue the maintenance of peace and order (see Art. XVI, Sec. 6.), the Municipal Law (Our Law) Presails oven International protection of life, liberty and property (see Art. III, Sec. Law 1.), and the promotion of the general welfare or the If the case is File in the Philippines before the common good. international, municipal law shall prevail. The File cases take place is what law will prevail. Only when peace and order, security, and a life of dignity (see Sec. 11.) are established and maintained, International Law will political stability and economic prosperity become Body of Rules and Principles ⅔ votes. attainable and the people truly enjoy the "blessings of independence and democracy." (see Preamble.) SEC. 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the SEC. 6. The separation of Church and State shall be Philippines is the protector of the people and the inviolable. State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. The Doctrine cut both ways, Why? It's not only the state that is prohibited in the Church. The church is Indication and Manifestation of Supremacy of Civilian likewise prohibited in secular affairs. Authority over the Military is the highest of such authority being the President. Ecclesiastical Affairs - Church Secular Matters - State The Military establishment is the physically strongest single institution in the country, and has the capacity to States recognize the influence of religion. State shall grab power from the Constitutional Authority. not have a specific religion. To avoid this, The President shall be The Commander in 2 Aspect of Religion Chief of AFP. Freedom to believe SEC. 4. The prime duty of the Government is to ○ Absolute serve and protect the people. The Government may Freedom to act on one's belief. call upon the people to defend the State and, in the ○ Not absolutely subject to regulation fulfillment thereof, all citizens may be required, by the state of the Government. under conditions provided by law, to render personal military or civil service. STATE POLICIES Constitutional Provision on The Defense of The State SEC. 7. The State shall pursue an independent foreign policy. In its relations with other states the 2 Kinds of Service paramount consideration shall be national sovereignty, territorial integrity, national interest, Civil Service and the right to self-determination. Worker other than Military SEC. 8. The Philippines, consistent with the national Military Service inter- est, adopts and pursues a policy of freedom Combatant / Soldier from nuclear weap- ons in its territory. To prevent any Arbitrariness that the Government may SEC. 9. The State shall promote a just and dynamic Commit. That will be Committed by the Officials. social order that will ensure the prosperity and independence of the nation and free the people from SEC. 5. The maintenance of peace and order, the poverty through policies that provide adequate protection of life, liberty, and property, and the social services, promote full employment, a rising promotion of the general welfare are essential for standard of living, and an improved quality of life the enjoyment by all the people of the blessings of for all. democracy. SEC. 10. The State shall promote social justice in all Directly enacted by the people in their phases of national development. sovereign capacity. Guarantees individual rights and freedom and SEC. 11. The State values the dignity of every human prescribes the sovereign pride constitution is person and guarantees full respect for human rights. supreme of the land. SEC. 12. The State recognizes the sanctity of family 3 Purpose of Constitution life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally 1. It prescribed the permanent frameworks of protect the life of the mother and the life of the the system of the government. unborn from conception. The natural and primary ○ Democratic and Republican right and duty of parents in the rearing of the youth for civic efficiency and the development of moral 2. To be assigned to the different departments character shall receive the support of the or branches of the government their Government. respective power and duties. ○ 3 Branches of Government. Foundation of the nation is the Family. Notion cannot i. Legislative exist without Family but family can exist without ii. Executive notion. The government has the duty to promote family iii. Judicial unity and family development. 3. Establish basic principles on which the “ The better home The better the nation. “ government is founded. ○ Constitutional Govern the Philippines “ The strength of the family lies in the correct i. 1935 / Commonwealth upbringing in each children. “ Constitution ii. 1973 / Martial Law “ Policy Against Abortion. “ Constitution iii. Freedom Constitution Doctrine of parens, Patriae (Parent of the People) iv. 1987 Constitution (Feb. 2, 1987) To protect those who cannot protect themselves. 3 Essential Parts of Constitution Ex. Unborn and Senior citizens Sacrifice the life of the Unborn when the deal 1. Constitution of Government (Art. 6,7,8) is established. A portion of the Constitution that established the main branches of the SEC. 13. The State recognizes the vital role of the government defines the power and youth in nation-building and shall promote and assigns this power. protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth 2. Constitution of Liberty (Art. 3) patriotism and nationalism, and encourage their A portion of the Constitution which involvement in public and civic affairs. lays down the individuals basic rights and freedom which is one Blending of Powers protective shield against abuses of Actual sharing of powers indifferent the government. departments of government whereby one department heaps and coordinate with one 3. Constitution of Sovereignty (Art. 7) another in the exercises in particular power Provide the process for the exercise function and responses of people's sovereign powers to approve or revise the Constitution. THE LAWS GOVERNING THE PHILIPPINE ADMINISTRATIVE SYSTEM The 1987 Constitution is the Fundamental, Highest, and Supreme of the land.  Ratification Written Conventional Rigid Any Amendments by the congress is not yet ↓ ↓ ↓ valid until the peoples approved by plebiscite Compiled in a Formally Cannot be will be held 60 Days but not late 20 Days. single set. approved by changed by the people. ordinary Referendum legislation. Local Chief Executive can't decide (So people will) Plebiscito ARTICLE 17 A Law that is either be approved or not by the people SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all CHAPTER 2. THE FUNDAMENTAL POWERS OF THE its Members; or STATES. (2) A constitutional convention. Inherent Powers of The State Suppose to coexist with the state. Even if not Distinction between Amendment and Revision mentioned in the Constitution, the Government can still exercise these inherent powers. Amendment Minor/Small Changes 3 Inherent Powers of The State Is a change effected in some parts of the Constitution without considering the whole 1. Police Power document. 2. Power of Eminent Domain 3. Power of Taxation Revision (NO Effective Government without the Two Power) Is a re-writing or substantial change in the Constitution viewed in its entirety. POLICE POWER Steps Require in Amendment or Revision in the Is the power of the state to regulate freedom and Constitution property rights of individuals for the protection of public safety, health, moral and promotion of public 1. Proposal convenience and welfare. 2. Ratification Promoting public welfare by restraining and regulating the use of liberty and property. Constitutional Assembly Basis of Police Power Congress themself that ↗ proposed (¾ of all its 1. Salus Populi est suprema lex members) MEANING Proposal Constitutional Convention (The welfare of the people is the Members of supreme law) → Constitutional 2. Sic utere tuo ut alienum non laedas Convention from MEANING congress (⅔ of all its (Use your own property in such a members) manner as not to injure that of another.) People’s Initiative ↘ 12% of Total no. of Registered voters. POWER OF EMINENT DOMAIN (2%)(3%) (Art III Section 9) Is the power to take private property for public use upon payment of just compensation.  The Congress practice this power Inforce The President and LGU can exercise the Mandatory/Obligation Eminent Domain authority issued by congress. Subject Following Requisite of the valid exercise of Eminent Citizens Domain 1. Necessity Objects 2. Private Property Things, Property 3. Taking in the Constitutional Sense 4. Public use Within/Outside its territorial Jurisdiction, the 5. Just compensation Government cant impose tax. 6. Due process Who can exercise the Power of Taxation? 1. Necessity Congress Political Question President cannot exercise Power of Taxation without It refers to those avestion which under the authority issued by congress constitution are to be decided by the people in the sovereignty capacity. Situs (Place) of taxation in case of real property for is Justiciable question implies a given right where the property & situated (in placed) legally. Legislature - Legislative can only exercise power of 2. Private Property taxation Anything come under the dominion of man is subjective to expropriation of the government Theory and Basis of Taxation (Is found in reciprocal protection and support.) 3. Taking in the constitutional sense May include trespass without actual eviction 1. The existence of government is a necessity without the actual taking as long as the owner 2. A protection and support is prevented to a it is entitled to just compensation. Without the Structure of Government we cannot live in peace and harmony. 4. Publicure/Public Welfare The Ability Must be for public we on public welfare Modern concept covers only direct and Basis of Taxation indirect Traditional covers are only direct. Found in the reciprocal duties of protection and support between the state and its inhabitants. 5. Just Compensation To be fair or to be just not only to the owner of The rule on Taxation shall be uniform and the property but also to the expropriation. equitable. 6. Due process Equitable The owner of the party must be informed ed Equitable Tax burden falls on those who can that there is a need to expropriate the pay. (Habang lumalaki ang kita, lumalaki ang property Tax.) Payed full and overtime Uniform The Government can always use it's coercive power to All persons or things belonging to the same expropriate your property class shall be taxed in the same place. POWER OF TAXATION Similarities of this 3 Inherent Power They are Inherent in the State As a power - inherent power of the state to demand an They are necessary but also indispensable enforced constitution upon its subjects and objects They are Exercise primarily by the legislative within its territorial jurisdiction its public purpose.