POLSC 14.pdf

POLSC 14 READINGS 44689 1S 24-25 a strong state has a monopoly over the legitimate use of force - ie no one else can challenge a state...

POLSC 14 READINGS 44689 1S 24-25 a strong state has a monopoly over the legitimate use of force - ie no one else can challenge a state Introduction - Atienza when it comes to the use of coercion. anyone who could do that, such as bosses, would use it against BASIC CONCEPTS (Heywood) other citizens Power “the contemporary PH state remains captured by, ability to influence behavior of others, typically instead of embedded in, competing and diverse thru the power to reward or punish social interests.” - the state should not be used as an instrument by certain groups or individuals, such as Politics businessmen funding campaigns for the sake of activity thru which ppl make, preserve, and amend legislature that favors their ventures the general rules under which they live Rivera’s recommendations - reform bureaucracy and institutions; growth coalition - people focusing Government on growth should come together and be on the a mechanism through which ordered rule is same page maintained terrorism is indicative of a weak state machinery for making and enforcing collective “principal indication of the weakness of the PH decisions in society state is its continued inability to improve its politics is not SOLELY about the govt economic condition” Governance Nation-Building, cultures, identity the various ways social life is coordinated, of political autonomy; multicultural character of the which govt is but one PH ANALYZING LOCAL POLITICS Democratization Process Patron-Clientelism (Sidel) David writes about the 4 crucial issues confronting a reciprocal, hierarchical relationship the Cory admin and how the democratization process/revolution was followed by the restoration of the elite ○ foreign debt ○ agrarian reform ○ crony properties ○ human rights Sidel Patrons, Bosses, Dynasties & Reformers in Local Politics the PH has a long tradition of rich scholarship on local politics, reflecting the country’s long history of decentralized competitive politics. Scholars have >100 years of local elections across the archipelago to use as fodder in analyzing the subject Bossism (Sidel) EARLY STUDIES OF LOCAL POLITICS reemergence of elites during Cory admin as a side Carl Lande’s 1965 study provided a picture of the effect of redemocratization - power was primary analytical framework of clientelism as an concentrated on Marcos and his allies only during inte grated system of local and national politics. ML Patron-client relations (and their benefits) comparative analysis provided the resources which mobilized voters and Robredo-style Politics constituted political parties, with democracy good governance is good politics ensuring 2-party competition and ensuring regular alliances and defections. transparency STUDIES ON LOCAL POLITICS POST-MARCOS Weak State PAGE 1  POLSC 14 READINGS 44689 1S 24-25 ph’s development to decentralized, democratic significant transformation in voter mobilization, politics encouraged a 2nd wave of political study ideological legitimation, etc. that dismissed clientelism even though authoritarianism at the national level had given way to democracy, subnational BOSSISM authoritarianism (political dynasties and provincial Personalistic, institutionalized local power warlords) persisted in localities monopolies The 1990s was a veritable renaissance in the study National political institutions actually buttress of local politics, casting earlier scholarship in a local power more critical light The late Spanish colonial era saw the solidification of a local elite whose mixed parentage enabled a Political Culture and the Socialization Process - unique fusion of economic and political power Wurfel Opportunities expanded for these local elites during US colonization with more ways to accumulate the Philippines is a very politicized society, with capital and firmly entrench themselves in politics themes of calculated pragmatism, ambivalence, and Early electorization of state power preceded the political cynicism construction of a modern bureaucracy, so elected officials seized control of state resources and nationalism and national identity regulatory powers with few restrictions the PH has national cohesion stronger than most By the end of the US colonization, Chinese postcolonial states landowners had evolved into a nationwide American policies broadened identification within oligarchy with fingers in the economy and in the Filipino nation as public education became the politics locus of an American effort to create a national 90’s scholarship portrayed local politicians as identity engaged in capital accumulation, with this exercise however, post-war waves of anti-Americanism also of power shown as predatory. These accounts went became part of Filipino identity all-in on the “guns, goons, gold” narrative of local nationalism was as much a mass as an elite politics, a pessimist account in which phenomenon by the 1980s peasants/citizens were basically devoid of agency and therefore blame. regional identities the PH is a country of great linguistic and cultural Local Politics in the 21st Century diversity On one hand, “bossism” remains present in municipalities across the country, with studies muslim subculture documenting the extent and endurance of political refusal of over 2M muslims to identify as Filo dynasties in provinces. One example is the clan rift between Muslims and Christian Filipinos behind the Amputuan Massacre became clearer with Muslim Independence However, PH may be experiencing a “gentle Movement (1968) and MNLF (70s) revolution” where nepotism is giving way to more during Spanish conquest, Muslims were the most meritocratic practices, possibly undermining culturally aggressive and had the most patron-client relations. sophisticated political institutions This is accompanied by higher mass media Muslim leaders were also thoroughly alienated consumption, digitalization of elections, and a shift during American colonization; ie the Sultan of Sulu to a multi-party system forced to give up political power and relegated to a At the same time, the belated resumption of religious role only economic and population growth expanded “local P. Manuel Quezon gave “no special treatment” governance”. LGU officials are concerned with towards Muslims, and eventually Christian farmers attracting investment from Manila and the global outnumbered the native Maranao in Lanao market. chinese subculture CONCLUSION largest immigrant group to have retained a distinct While political dynasties and bosses remain in political group consciousness power, they may also be experiencing subtle but assimilated into Filipino society more rapidly than in Muslim SEA countries PAGE 2  POLSC 14 READINGS 44689 1S 24-25 Kuomintang used the 160 CN schools (as of 1970) high satisfaction ratings for performance of local to preserve a cultural and political Chinese identity; executives however their control ended in 1976 and the parochial (almost total lack of knowledge and culturally distinctive CN school system died disinterest in politics) through subject (awareness Filipino Chinese education is speeding up, of outputs but acceptance of passive role) to providing escape for those who don’t want to participant (awareness of decisional processes and assimilate belief to the citizen’s right to participate). largest CN in the PH prosper in economic competition portion of population is classified as subject. over 90% identifies w the Filo nation the PH was highly politicized patterns of trust & obligation sacral to secular traditional PH society enjoyed extensive mutual the movement from parochial to subject is trust, ie utang na loob associated w modernization of political culture most common political expression of this value was sacral - reliance on religious beliefs to explain voting for a candidate who helped you behavior/legitimize authority “walang hiya” or shamelessness is becoming more many Filos view political life in varying degrees common in a mobile society through the sacral prism (ie the concept of swerte) one can distinguish between a traditional rural prewar peasant movements, such as the Sakdals, subculture in which trust is relatively high and a had messianic overtones, as did the martyrdom of distrustful urban society where values are figures like Aquino Jr and Rizal expressed by window-bars, private guards, and the influence of the pasyon is relevant as well, as it high crime rates provided the Christian Filipino peasant with hope the family is at the center of Filipino society for liberation and a language with which to so highly valued is the fulfillment of obligations articulate his own values that it produces “corruption” in government those whose beliefs are 100% sacral are now in a officials, such as preferential treatment to particular minority due to the dominance of pragmatism individuals the sacral and the secular are not necessarily truly incompatible and have coexisted in some Filo pragmatic & ideological orientations families for generations PH political culture is very pragmatic - benefits are assessed, people bargaining, party switching democratic - authorization axis becomes widespread democratic values are strongly ensconced in the the reverse of pragmatic political culture is an Philippines ideological one, which is growing among urban Corpuz discerns among Filipinos a basic youth. uncertainty about democracy - indigenous bargaining doesn’t benefit to individuals who have tendencies towards authoritarianism are nothing to give widespread, such as the elder-younger hierarchy discontent with the malfunctioning political system Marcos Sr. exploited the sacral values still held by led to cynicism and people giving up on reform many Filipinos by integrating them into his altogether personal belief system, gaining points with both democrats and authoritarians legitimacy cynicism => avoidance of political process, which education as political socialization is the OPPOSITE of legitimacy the colonial American school system deliberately legitimacy - may be derived from myth, charisma, integrated a sense of national identity and a respect cultural identity, values and ideology, or effective for democratic values performance. however, the Filipino school is in no way a it is a moral bond between the citizens and state democracy; pupils are rewarded for being polite which oblige the citizen to obey the state’s laws and respectful, not intellectual growth patrons attempt to enhance their own legitimacy while unintended by policy, the power of the through the approval of an even more prominent educational peer group/student subculture (made up patron, ie Marcos going 2x to Washington when of students living on their own for the first time) seeking reelection created the crescendo of nationalist student the espousal of nationalism became a legitimizing activism circa late 1960s tactic of the Marcos regime PAGE 3  POLSC 14 READINGS 44689 1S 24-25 the widespread use of English in teaching and democratic-authoritarian axis - evidence exists that learning handicapped the student in terms of democratic values are strongly ensconced in the ph. comprehension due to focusing more on teaching a consultative decision making in the ancient foreign tongue and leaving other subjects behind, barangay and child rearing (Corpuz) widening the class gap 70% are satisfied with PH democracy education as agent of political socialization - mixed mass media and political socialization record of the deuc system, some values taught radio and TV ownership is widespread perpetual subservience to authority, others support in the barrios it was persons, not impersonal media democratic processes who disseminated news and info. influence from 59% look to family as a guide for political stance, foreign info raised info levels, expanded participant 57% for their support on govt policies orientation class survey: 54% endorsement from family, 29% evidence of a mass desire for escapism from political experts, 24% current presidents, 19% trad hundreds of TV hours for soap operas, variety media, 18% close friends shows, and Westerns - these media messages either fostered the desire to migrate or disillusioned one with the system Quilop Nation-State Formation in the PH the nation-state is the alignment between the state church and political socialization (political unit) and the nation (culture u.) INC’s founder wielded considerable influence at the relationship of the concepts “nation” and state” election time as they believed Christ would want are symbiotic them to think and decide as one the nation is the foundation of the state and the state contributes towards the consolidation of the STATE OF THE FILIPINO YOUTH nation. this is not the case for the PH. the state of the Filipino youth - awareness of heads the state is the political extension of a nation while of executive branch (33%), legislative (27%), the nation is considered an expression of a state’s judiciary (22%). rating is affected by whether or identity not you are aware of these people nationalism has not created a sense of community strong enough to doster mutual trust between STATE persons without dyadic ties 81% of the Filipino youth feel very proud in being not synonymous with government a Filipino and 16% feel somewhat proud an impersonal structure of power that pursues pragmatic & ideological orientations the interest of the national community 58% have not voted in national, local, barangay, an org invested with authority to make & SK elections implement the binding rules for all the people 25% are not registered voters as well as the parameters of rule making for a majority are not open to engaging in civil or other social orgs in a given territory, using political actions force if necessary ○ 61% signing or sharing online petition on 4 elements of a state political subject ○ defined territory ○ contacting official regarding an issue 52% ○ a government ○ running for public office 72% ○ the people ○ joining a political group on social media ○ sovereignty 67% emerges if… ○ joining or volunteering for a political party ○ govt. roles become specialized 61% ○ authority becomes centralized ○ taking part in a strike 85% ○ structures become permanent topics interested in ○ relations between public officials and ○ poverty 58% constituents are not based on kinship ○ violence and abuse against WC 57% ○ lack of access to education AN EFFECTIVE STATE HAS… 70% have enough knowledge and understanding of autonomy - ability of political leaders to pursue how laws are made goals not reflective of the demands of the upper crust of society, aka insulation from social PAGE 4  POLSC 14 READINGS 44689 1S 24-25 pressures Filipinos by US colonization and a highly capacity - means at the disposal of the state to centralized government implement official goals, especially over opposition a dichotomy formed between baptized Filipino of social groups or socioeconomic circumstances. Christians and unbelievers, quite literally as the this requires a coherent bureaucratic apparatus. Spanish reduccion separated their locations of residence THE PHILIPPINES IS NOT EFFECTIVE the state’s failure to integrate ethnic groups, from a the PH has neither of these, as the colonial state lack of participation in national policy-making underpinning the contemporary state has laid the processes to understanding of differing cultural foundations of a weak state, one that is not identities, continues until today autonomous or strong enough to function effectively, with its ability to implement goals THE EXECUTIVE BRANCH compromised. (A7 & Rebullida) the elite-dominated politics has made the elite the strong men of society and use the state as an instrument for pursuing their own interests. these 1987 CONSTITUTION elites were created during the Spanish period, the one who is sovereign is the people having Spanish blood and amassing education, all of the authority of the Philippine government is land, and wealth, but remained powerful during the derived from the people American period, hogging social, economic, and in part a reaction from ML (“ulo” (pangulo) refers political power. to executive branch which had the most control) the PH’s national leaders have failed to centralize legis is technically higher up above the exec power, mainly due to strong local leaders. this is branch, explaining why even OP and OVP have to known as the politics of survival, leading to explain their budget to the HOR (the HOR is the plunder, corruption, and fraud becoming prevalent. representative of the people) accomodating local leaders to ensure the survival Exercise of Emergency Powers of state leaders weakens the state for two reasons. ○ Suspension of the Privilege of Writ of first, it is political bargaining that determines Habeas Corpus allocation of resources and not rationality. second, ○ Declaration of ML - remains an the state becomes dependent on the local stability instrument of the state that may be that strongmen guarantee and loses its autonomy. necessary in certain cases (ie WW2) but there is a kneejerk reflex to it due to abuse of power by the military NATION consti clarifies that even during martial law, citizens will retain a large group whose members believe they their human rights belong together on the basis of a shared insert the protocol after identity as a people, i.e. a sense of belonging to declaration of ML an imagined community Powers of Appointment can be either an ethnic or territorial nation ○ judicial council from different sectors of society, limiting the choices of the HOW TO BECOME AUTONOMOUS STATE? president to 3 Reform of key bureaucracies and institutions to Removal from office by Impeachment make them compatible with development and democracy *no use of the word “ordinary” to describe citizenry Construct and nurture a domestic “growth coalition” underpinning a strategy for sustainable Rebullida PH Executive & Democratization industrial growth and development the period after 1986 has been characterized by NATION-BUILDING & STATE FORMATION redemocratization (restoration of democracy). this in the PH, states preceded the consolidation of presupposes that democracy was lost and should be national identities due to colonialism, hence many brought back. Filipinos find it difficult to imagine themselves as ○ direct election of P by the people part of the Filipino nation. ie, Muslims in the PH ○ redefining extent of P’s exec powers were forced to unite and interact w mainland ○ check & balance exercised by the legis PAGE 5  POLSC 14 READINGS 44689 1S 24-25 constitution to forward the Freedom Constitution, which eventually resulted in the 1987 Constitution. DEMOCRACY CORAZON COJUANGCO AQUINO the philosophy & ideology of govt. her political strength was known as “Cory Magic” characterized by the consent of the governed, drawn from her personal background without the exercise of civil rights and liberties, skills of a trad. politician. She had political participation of the people in the workings of exposure but avoided tactical political alliances and the state and government, accountability of had no party of her own. political leadership to the people, deliberations, technically, wala siyang ambag and her & decision-making either by the people or their administration was riddled with issues except (acc rep. to analysts) to be a transition president to FVR, which is crucial especially for a new constitution INDICATORS OF DEMOCRACY (and the rise of democracy) in an empirical sense, these include the authentic her support was from the masses - the church, expressions of the people’s will & selection of business community, moderate labor, the military. leaders by fair election with the absence of fraud While these groups lay on many different places of and coercion. Abueva considers this democracy in the spectrum, the millions who voted Cory in the its minimal, procedural meaning. snap elections and joined the EDSA revolution democracy in its optimal, substantive meaning is only had one goal - to drive out Marcos’ autocratic when the system goes beyond the minimum government criterion and makes the people’s will effectual by after her 6-year term, she resisted maneuvers for processes of governance and the declared purposes extension of her stay in the presidency, being & policies are being achieved through the self-aware of her role as a transition president and functioning of institutions her mandate as one. in a democratic framework, the executive (aka the president) is a vital political institution, as they RESTORATION OF CONSTITUTIONALISM exercise power and the human agency to effect democratization inspired & steered rebuilding of democratic political institutions DEMOCRATIC TRANSITION critics’ assessment of her weak presidency Corazon Cojuangco Aquino started the transition ○ several coups d’etat on the day she assumed office (2/25/1986), issuing ○ soft handling of rebels, insurgents Proclamation No. 1 declaring that sovereignty ○ perceived lack of knowledge & skill resides in the people and 2 lifting the suspension of for political machinations writ of habeas corpus. ○ flaws in policy & decision-making restored merits of the civil service WRIT OF HABEAS CORPUS pursued plunder cases against Marcos & recovered stolen wealth Demands that an imprisoned person be delivered to the court and proof of good cause FIDEL VALDEZ RAMOS for their detention widely known as Cory’s anointed successor as her former Chief of Staff and Secretary of Defense and In March, she issued 3 declaring an interim defending her presidency against 7 military coups Freedom Constitution with seven articles. In April, and communist insurgents she created the Constitutional Commission for his campaign initiated the new political strategy of drafting a new constitution toward the coalition building, wherein officials from different establishment of a just, free, & democratic political parties try to coord constitutional order within the shortest possible also resisted moves for charter change to stay in time. power She proceeded to declare a state of emergency, a focuses on improvements in economy & political revolutionary government and went against the continuity advice of experienced leaders to retain the 1973 JOSEPH EJERCITO ESTRADA PAGE 6  POLSC 14 READINGS 44689 1S 24-25 Centennial President restored democracy by reestablishing direct the Erap phenomenon was associated with his election of the president by the people and holds strong appeal to the masses (class D, the lower officials accountable middle class, and class E, the destitute) his successful movie career attracted mass support, stemming from Erap jokes featuring spoken broken EXECUTIVE BRANCH English vested with executive powers, ref. to political style before & during his presidency administration of services, execution of laws, employed movie script formula and propaganda political leadership, & other functions strat of short catchy slogans his presidential victory was a confluence of: ○ Erap celebrity persona - this was vital in Qualifications for the president making Estrada widely known to voters natural-born citizen - foundlings are counted ○ political communication strategy among natural-born (context: Grace Poe) ○ political machinery registered voter ○ financial backing of social sectors able to read and write ○ political record for elective positions at least 40 on election short of the full term due to EDSA Dos, as his resident for 10 years immediately preceding resignation was demanded after the failure of election (A7, S1) Senate impeachment proceedings. This case was 6 yr term without reelection triggered after Ilocos Sur Gov Luis Chavit salaries determined by law with no + or - (A7, S6) Singson’s revelation of Estrada accepting illegal payoffs. Estrada was charged with plunder and President’s Direct Constitutional Mandates sentenced to reclusion perpetua. president is the sole executive, hence they control all executive depts, bureaus, and offices, and in the GLORIA MACAPAGAL ARROYO mandate to ensure all laws are faithfully executed her father Diosdado Macapagal’s self-styled power of general supervision over local political image as the poor man from Lubao, governments and autonomous regions Pampanga endeared him to the masses president is directed to provide for regional devt GMA acknowledged the title “Gloria Labandera”, councils for the purpose of admin decentralization explaining that her gmother and ggmother washed and acceleration of socioeconomic development clothes to earn for the family president’s prerog to nominate and appoint with however, Nick Joaquin traced their lineage to the consent of the commission the heads of executive royal house of Lakandula, last king of Tondo upon departments, officers of armed forces, etc (A7, Spanish colonization of the PH S16) her political career began when Cory appointed her restriction period of 60 days for suspension of writ to Undersec. of DTI of habeas corpus and martial law in case of was VP during Estrada admin and won the invasion presidential elections in 2004 against FPJ, gaining ○ president must submit a report to Congress her a 10-year term in total that they vote on nominated a non-threatening VP ○ suspension of habeas corpus applies only the Hello Garci controversy, recordings of a to those judicially charged with offenses wiretapped conversation between GMA and a directly connected to invasion, and they COMELEC official later identified as Virgilio must be charged within 3 days or be Garcillano about ensuring her victory at the polls, released triggered attempts to impeach her ○ these provisions plug the gaps in the 1935 consti to prevent the abuse of such powers Extent & Limits of Executive Power the new 1987 consti vests specific powers and functions of the executive upon the president in a WRIT OF HABEAS CORPUS presidential, democratic, republican system significant due to restricting the president’s the. executive powers as a deterrent to abuse requires the president to disclose the state of their health to the public (possibly another reaction to PAGE 7  POLSC 14 READINGS 44689 1S 24-25 the Marcos dictatorship, as Mr. Marcos hid his ○ if all are unavail, the speaker of the House illness from the people) of Representatives (A7, S7) president may take out foreign loans on behalf of if P-elect dies or becomes permanently disabled, the PH, but subject to limitations and must have then VP-elect shall become president and serve the prior concurrence of the Monetary Board. (A7, unexpired term (A7, S8) S20) if VP becomes vacant, P can nominate a president can also enter agreements w/ replacement from among the members of the senate foreign-owned corps for technical and financial and house of reps, but who assumes office depends assistance for projects relating to natural resources on separate voting from both houses of congress (A12, S2, p4,5). This may reflect how Mr. Marcos (A7, S9) contracted foreign loans for govt. corps run by his if none are available, congress must determine cronies, incurring much foreign debt from the succession (A7, S7-8) country. ○ consti prescribes that congress convene at 10AM of the third day after the vacancy in Executive Power & Checks on the Legislature the office of P and VP to enact a law president takes an indispensable role in turning bill calling for special elex to be conducted into law (A6, S26-27) within 45-60 days from the time of the call no bill can become law unless it goes through 3 (A7, S10) readings, except when president certifies the ○ the successor to P who has served as such necessity of immediate enactment (A6, S26) for no more than 4 yrs can be elected to president either signs bill into law or vetoes it and the same position. voluntary renunciation returns it for reconsideration (however, Senate or of office is not considered an interruption House of Reps can override the veto by 2/3 vote of in the amount of time they served. (A7, its members) S4) president recos the budget to Congress, and if the P transmits to SP and SHR a written Congress can’t increase the amt of appropriations declaration of inability to discharge powers & stated in budget (A6, S25.1). Congress failure to duties of his office, VP will be acting P pass appropriations bill for the ensuing physical bill ○ majority of members of cabinet can = bill of last fiscal year remains in force and effect transmit this declaration as well, in which case VP also takes over Legislative Authorization & Checks 4 President ○ if P sends declaration that no inability Congress (as the legislative branch) poses its exists, they resume office. but if contested checks upon the executive by specifying conditions by majority of the cabinet in a written & restrictions to its assignment of powers to the declaration, congress shall decide by ⅔ president vote (A7, S11) only congress has the power to declare the ○ in practice, these provisions were applied existence of a state of war (⅔ vote) (A6, S23.1) against Erap & Arroyo president exercises power of taxation under authorization & specifications of congress (A6, Public Accountability S28.2) impeachment process - ie Estrada was charged by either house of congress can request the heads of the HOR depts to appear and be heard on any matter ○ upon agreement of the house that there is a pertaining to their departments (A6, S22) valid reason to impeach, it goes to the a bill can become a law if president fails to senate communicate veto to the house within 30 days of ○ then it goes to the court - jury is the receipt of bill (A6, S27.2) senators and court is presided over by chief justice of SC Vice President & Presidential Succession ○ this court finds out whether the charge has same qualifications, manner of election, & substance impeachment apply to VP (A7, S3-5) role of civil society - VP-elect acts as president until P-elect is qualified officials are directed by consti to be accountable by and chosen rendering service with responsibility, integrity, ○ if both are unavailable, Senate P. shall act loyalty, efficiency, patriotism, justice, & by leading as P. modest lives (A11, S1) PAGE 8  POLSC 14 READINGS 44689 1S 24-25 P, VP, members of SC, ConComm, & Ombudsman bureaucratic reform are subject to removal from office for violating ○ aquino - accountability of public officials, consti, treason, bribery, graft & corruption, and regional development councils, etc. other high crimes or betrayal of public trust (A11, ○ ramos - modernization & capacity XI S2) building of afp, comelec, doj, gives HoR exclusive power to initiate impeachment sandiganbayan. but Senate sole power to try & decide cases of ○ estrada - cost-cutting, “do not change ppl, impeachment change their attitudes” Chief Justice presides but doesn’t vote ○ GMA - reform in various areas but was criticized for cronyism, lack of reform in exec-legis relations BIR and COMELEC bargaining & compromise between the two counterinsurgency & peace and order branches (Caoili) ○ military’s responsibility Ramos relied on the rainbow coalition strategy ○ peace talks & nego with MILF, CPP, and (lawmakers from various parties support the the NPA common legis agenda of the ruling party), paving socioeconomic planning & development the way for passing important legislation ○ under NEDA bulok style ni erap sa 11th congress; HOR obtained the signatures for him to be impeached but erap’s PHILIPPINE LEGISLATURE allies in the Senate obstructed the progress P can veto bills which is another check upon the it is inaccurate to generalize the government into a legislature’s power monolith when talking about them legislative executive development advisory ○ specify the branch - ie during the duterte committee - oversees and initiates policies common admin’s drug war it was also the judiciary to the exec branch; a venue to work out court imposing checks on the police (ie compromises on major bills so they would pass bodycam issue) Congress. ○ 20+ priority laws Co-equal branch of government equal w the exec and judiciary branch and it can be judicial independence checked judiciary performed its functions without presidential interference under Cory, Ramos, and Bicameral GMA there are 2 houses - HOR and Senate (do not say ML had a tight hold over the judiciary upper and lower house its giving UK) judicial independence is enshrined within the consti ○ ie proposed budget cannot go below the Partylist system approved budget the previous yr we did not have this before and it is quite unique academe, civil society, have a role in who is talamak sa HOR as 20% members are from the appointed to the judiciary, not just the P partylist system [insert discussion on the distribution of seats civilian supremacy over the military depending on the vote percentage] Cory overcame 7 coup attempts and charges of HR the SC came up with a formula that after ppl who violations against the military, but her dependence got at least 2% votes, partylists who got the most on the military to repulse coup attempts hindered votes after those guys get seats too her from prosecuting them the original idea is to represent marginalized groups even during ML, the military was a tool of Marcos that are not represented in the HOR this has always been the status quo role of the 1987 consti Law-making body ○ to ensure that the military follows civ primarily this is its role but it can also do authority much more investigations to help come up w a new piece of ○ CHR has a role to teach and engage the legislature military and document HR violations other branches of govt can be involved in committed by them lawmaking as well executive direction, bureaucracy & development powers PAGE 9  POLSC 14 READINGS 44689 1S 24-25 electoral tribunals HoR impeachment Natural born citizen legislative At least 25 diplomatic Able to read and write constitutional amendments Registered voter and resident in the district where ○ 1 way of introducing amendments is they will be elected (except for partylist reps) legislature turning itself into a constituent assembly PRIVILEGES AND PROHIBITIONS ○ what's interesting is that after they A6, S12-14: members of congress upon assumption decided on amendments, it will still be of office shall disclose their financial and business offered to the ppl in a referendum and they interests and inform the House of any potential still need to agree to it conflicts of interest commission on appointments No Congress mem can hold office in a different agency without forfeiting their seat No mem can personally appear as counsel before THE PHILIPPINE CONSTITUTION any court The supreme law of the land Safeguards the individual rights of the sovereign ORGANIZATION OF CONGRESS Filipino people Senate President & Speaker of the HoR ○ Presiding officers and chief executive SP pro-tempore presides when SP can’t Article VI The Legislative Department Speaker pro-tempore, same for HoR Congress has both legislative power and the Senate majority party elects majority floor leader, “power of the purse” and same for the minority Same for the HoR, which has a House majority floor leader Caoili The Restored Philippine Congress Both houses of congress also have a secretary and sergeant-at-arms STRUCTURE & MEMSHIP OF CONGRESS Electoral Tribunals Senate Sole judge of all contests re: election, returns, 24 members elected at large by all voters in the qualifications country 9 mems, 3 are SC Justices, and the senior justice is 6 yr term; only 2 consecutive terms the Chairman HoR Commission on Appointments No more than 250 members CA is composed of SP as ex officio chairman, 12 200 are to be elected from each legislative district senators, and 12 reps apportioned among provinces, cities, and MM confirms or rejects certain political appointments 3 yr term; only 3 consecutive terms made by the P Independent from the legis branch despite being Party-list System made of Congress memes 20% of the mems of HoR are to be chosen thru the party-list system Standing/permanent and ad hoc/special committees ½ of the seats allocated to the partylist shall be Standing committees study proposed laws and filled by selection from labor, peasants, urban poor, conduct public hearings in aid of legislation IPs, women, and other marginalized sectors Ad hoc committees investigate national/administrative problems not under the QUALIFICATIONS jurisdiction of standing committees, intended to Senate yield info in aid of legislation Natural born citizen Multiple committee membership in the past has At least 35 been problematic for efficiency in terms of Resident of PH for at leasat 2 yrs before the lawmaking. election day Registered voter POWERS AND FUNCTIONS PAGE 10  POLSC 14 READINGS 44689 1S 24-25 legislative/law-making power Executive-legislative rship characterized by ○ Congress can’t abridge freedom of speech, personal incompatibility and functional checks and mandated to make rule of taxation balances equitable, grant a title of royalty or Bicameral congress nobility, increase the appellate jurisdiction Unitary state of the SC, or alter the annual budget too ○ The opposite of federalism, wherein most much governing power is centralized Executive power ○ Consent of CA is needed to appoint heads PIRMA, a citizens’ group close to Ramos called for of exec departments, armed forces, etc an abolition of term limits as part of the ○ As of ‘87, Congress can check P’s power amendments, so they were easily discredited as just as comm. in chief to suspend writ of HC trying to get him a 2nd term or declare ML Estrada’s attempts at chacha for economic Judicial power liberalization were likewise blocked ○ Can punish mems for disorderly ○ With a ⅔ vote, can suspend or expel a presidential vs parliamentary mem personnel Power of impeachment separation of personnel Diplomatic powers ○ presidential - if ur part of 1 branch of govt, ○ No foreign treaty is valid unless voted on u can’t be part of the 2 other branches by ⅔ of senate ○ ex. GMA nominating a senator as her VP ○ Only both houses of congress (both voting who had to give up his senate seat to be ⅔) can declare the existence of a state of her VP war ○ parliament - legislator first then executive Constituent power (ex. NZ PM). ○ Power to initiate amendments to the constitution powers separation of powers is more present in pres. FUN FACT fusion of powers in parliament, but separation of Almost 80% of Congress are from political families powers in parliament and judiciary They come from old money, high education, etc. Cont. p 315 checks & balances judiciary can check powers of the parliament presidential has more checks and balances and more institutions that will check them Article VII The Executive Department Implements laws and headed bythe President PERILS OF PRESIDENTIALISM Erap’s ousting made people realize that the only avenue to remove a bad president is impeachment, Ruland Constitutional Debates in the which is a last resort vulnerable to politicking Philippines: Presidentialism to The fixed term of office is the Achilles heel of Parliamentarianism? presidentialism, as if not impeachment or (military?) revolt, the P will continue term Erap’s ousting sparked an issue that the govt should Institutional barriers are also placed on presidential shift to parliamentary, but Ruland argues here that power, which makes the argument of “the president such a shift will not fix the root problem and is too powerful” by certain writers rather shaky proposes incremental amendments to the constitution Charter change has been a persistent theme since GRIDLOCK EDSA as the PH is struggling with democratic consolidation. occurs when the government is unable to act or The 1987 consti is the 4th major charter of the PH, pass laws because rival parties control different reviving the presidential system parts of the executive branch and the legislature. When there are more bills waiting Key Features of the 1987 Constitution to be voted on than being considered, gridlock Directly elected president PAGE 11  POLSC 14 READINGS 44689 1S 24-25 A shift to a parliament would not fix PH issues and occurs. transition problems would be huge Chacha must go in hand with electoral reforms, which is one of the most urgent tasks in improving Gridlock is primarily caused by the bicameral PH democracy - recent election fraud is enough nature of congress, but its effects are usually proof of that exaggerated and shouldn’t be taken too seriously as Electoral reforms also don’t require consti an argument for parliamentarism amendments and are mostly technical in nature, but ○ This issue could be managed thru politicians (obv) are slow to implement them changing the congress rules; Ruland The fact that a polpar can only win a max of 3 seats suggests putting limitations on how long indicates that the political class wants to prevent the Senate can take to deliberate on a bill the rise of a reformist party challenging vested A better argument against presidentialism is that interests they’re more prone to collapse than parliamentary Declogging the legislative process is urgent. systems, but the data supporting this is usually ○ Elimminating local bills from the from Latin America where democracy is already jurisdiction of the HOR and letting LGUs troubled. decide Another argument is the correlation between ○ Streamlining congressional organization is presidentialism and a weak party system, but this is also an option - legislators being involved most likely just a coincidence in many different fields makes them Societal cleavages (ie grps with differing political unable to focus better on one interests) exist in the PH, but have not found ○ Legis-Exec Devt. Advisory Committee institutional expression Why? (LEDAC) is the most important sol’n ○ they were below the overriding goal of Reforming the Senate is another suggestion by independence Ruland ○ Cold War anti-communist sentiments ○ Senate should be reduced to a supervisory helped the regime squash lower-class function with a suspensive veto to reduce representation gridlock ○ SEA cultural aversion to While transforming the PH unitary state into a institutionalization and norms of federal system sounds attractive (as it may help pragmatism and personalism with Muslim autonomy in the South), there are PH critics deplore the populist nature of tricky issues. presidential democracies How to enact amendments? ○ Congress in a constituent assembly Virtues of Parliamentarianism? ○ Concon Greater flexibility - a PM can easily be taken out of ○ People’s initiative position by a no-confidence vote In the best case scenario, Congress should first ○ This may be prone to abuse declare a con. Ass. and then appoint a consti It would generate a strong party system drafting committee. Congress can only adopt or ○ Data suggests that there is no iron law that reject the entire draft - to prevent them diluting the this is true consti reforms. With enough pressure from civsoc, ○ Political parties also don’t necessarily Congress would be less likely to reject the draft. properly represent social cleavages. NGOs, unions, and assocs representing Morado Foreign Relations After Sept. 11 labor/peasant interests are even marginalized haha 9/11 funny number More successful in promoting economic legislature, especially the senate, still has a role to development - iffy based on data as well play in IR ○ Another argument based on this is the greater bureaucratic continuity - however, Revival of PH-US Security Relations a different system of government won’t these were revived after 9/11 as GMA condemned uproot the patronage and corruption lol the terrorist attacks and pushed for bilateral military cooperation against terrorism with Bush, Agenda for Consti Reform despite growing anti-American sentiments in the PH PAGE 12  POLSC 14 READINGS 44689 1S 24-25 the “American return” was a controversial issue US expressed its willingness to take on the due to annual joint military exercises being “benign” role of mediator for the Muslin conducted close to combat zones in Mindanao secessionist issue in Mindanao Public Opinion ○ socioeconomic assistance and projects to ○ public opinion in the PH was generally Muslim areas of Mindanao supportive of joint military exercises, ○ Bush announced willingness to provide especially the south PH, citing upskilling additional support once a peace agreement Filipinos as a reason for backing with the MILF has been signed American involvement vs Abu Sayyaf the 2003 Oakwood mutiny stemmed from junior ○ public opinion was more divided among officers in the AFP accusing top AFP officials of Muslim and Christian communities in corruption and politicking to get more assistance Mindanao, but they were generally from the Americans supportive too bc of Abu Sayyaf ○ they received sympathy from the public ○ people in Metro Manila expressed more and even officials who called on admin to negative views against the American address their grievances military presence and their involvement in the role of the US as a patron of the AFP created AFP operations against terrorist groups tension within both the military and civil-military ○ nationalist groups portrayed the American relations, which Bush recognized presence as a possible imperialist yet another concern for the US is AFP reform - not comeback just operational capabilities but its organizational ○ GMA’s cabinet was divided on the issue, structure, which has been undermined by with mili/def officials saw the short-term inadequate resources, funding, and corruption tactical benefits while foreign affairs ○ crackdown on military corruption after officials were cautious of the long-term corruption scandals in AFP intentions of the US ○ while the US expressed satisfaction w efforts to stamp out corruption, they are Mutual Logistics Support Agreement keenly monitoring aid sent and Bush controversial due to the secrecy around admin recommended a 30% reduction in negotiations and some officials, notably VP 2005. justification being PH contained the Guingona, questioning the constitutionality of some terrorist group JI provisions ○ US exerting pressure on govt to ○ main risk was PH being involved in a US effectively deal with terrorism war outside the country another US concern is the lack of political and its supporters argued that MLSA was merely a economic reforms, as it cannot afford to have a low-level executive agreement that did not need the weak ally in the war on terror in the SEA region approval of the Senate the US is the one who needs the MLSA more to ASEAN’s collective position on Terrorism sustain its war on terror Arroyo admin had to balance supporting the US campaign and ASEAN’s call for collective action, Domestic Impact of Security Alliance contrasting with US unilateralism morale and capabilities of PH military improved US primarily focused on military approach, but PH significantly after the increased US assistance shared with ASEAN the need for a comprehensive the PH military began focusing on the MILF (Moro approach Islamic Lib Front), though Arroyo admin opposed ○ pursuing socioeconomic programs to nip any moves to name it a terrorist group. This is terrorism in the bud mainly because they are still attempting to enter ○ PH entered into bilateral and trilateral formal peace talks with the MILF leaders agreements with Indo and MY for info Arroyo admin astutely used this strategy on the exchange and coordination of policies NPA, trying to force them to resume peace PH policy is anchored on the ASEAN collective negotiations after they were put on the US list of stance, constraining (or is it balancing?) PH support terrorist orgs. however NPA is defiant for the US Security Sector Reform & Governance Issues: US SEA after American Invasion of Iraq Concerns & Responses Iraq war was met with strong protest from civsoc groups in SEA PAGE 13  POLSC 14 READINGS 44689 1S 24-25 PH and Singapore expressed strong support for the ○ ⅔ of the poor live in rural areas (tho this is US, causing Arroyo’s ratings to plunge declining as they move to cities for ○ Arroyo already stated that her admin jobs/school) would not support an US attack on Iraq ○ employed/undermployed but changed her mind again ○ agriculture/fishers Less than a month after reelection, sinabak agad si ○ Poorly educated Arroyo thru the kidnapping of an OFW (Angelo de ○ Big families la Cruz) A complex phenomenon ○ Terrorists demanded that the PH pull out ○ Urban poor =/= rural poor the 51-man humanitarian contingent in ○ Relative poverty/abs poverty Iraq or Cruz is beheaded This phenomenon is bc of decades of ○ Arroyo decided to withdraw and stated she elite-dominated policymaking damaging the makes no apologies despite strong interests of the poor disappointment from the US The elite are notable for their self-serving adoption ○ Public opinion supported Arroyo but there of neoliberal economic policies, complacency, and were concerns about the PH international conservatism image being tarnished by giving in to terrorists Poverty as the failure of development After further kidnappings, there was more fallout in 1. Failure to support family planning PH-US relations 2. Economic policies, even those that promote Government emphasized assisting the US within growth, are not pro-poor. the capabilities of the country while giving priority 3. Inadequate, misused government spending. to the safety of OFWs 4. Long-time neglect of the agricultural sector 5. A rice policy increasing the price of rice Exploring Defense and Security with China 6. Inability to end armed conflicts Arroyo admin began playing the China card, aka PH pursuing a more independent foreign policy not Very few of these causes are inherent. Indeed, poverty is bc dictated by US interests of poor policy choices that have never prioritized the Further erosion in US-PH ties interests of the poor. Japan was also worried about improvement in PH-China security relations and defense chief Ono Consequences of the Weak State visited just after CN P 1. Weak governance due to clientelism and corruption 2. Bureaucracy remains vulnerable to political Contribution to International Peace influence as it is underpaid and under-resourced PH got nonpermanent seat on the UN Security 3. Legal implications are inaccessible Council 4. Organizations representing the poor also tend to be weakened by ideological divisions, limited presence, etc. POLICY-MAKING Government policies and programs Ps keep promising to improve the plight of the poor Timberman Persistent Poverty & Elite- but keep failing Dominated Policymaking While Aquino admin expanded the 4Ps program, The high poverty rate in the PH makes it one of the they didn’t reform the agricultural sector most unequal Asian societies This is symptomatic of the failure of elite CONCLUSION democracy to advance the interests of poor Population management, sound fiscal policy, good Filipinos economic policy, better agricultural development, The sad state of matters isn’t bc solutions aren’t rural infrastructure, and more money allocated to known, but bc political/business elites are education is what the PH needs, but you can’t unwilling to adopt them sustain it given the current corrupt environment Political will alone is not enough; commitment by CHARACTERIZING POVERTY multiple actors across administrations is needed. Persistent, pervasive FISCAL POLICY PAGE 14  POLSC 14 READINGS 44689 1S 24-25 nonpolitical actors, but they still play roles in conflict resolution and maintaining state authority Holmes Pork Transmogrified: The story of ○ Hence the judiciary is still a political actor particularistic spending Judges are subject to external and internal bias Pork barrel scandals - ie those involved with the Broadly framed law allows for more judicial misuse of public funds interpretation Practiced for about a century PRINCIPLES 1. Judicial Independence PORK Consti principle stating the strict separation (of powers) between the judiciary and other govt branches national government politicians spending money in local voting districts to encourage voters to re-elect them. JUDICIAL REVIEW Idea is that money allocated to the representative’s district will benefit the lives of Power of judiciary to review and possibly the local constituents, thereby securing their invalidate laws, decrees, and actions of other support and votes branches One of the ways the judiciary checks the exec/legis branches’ power Local Infrastructure Programs (LIP) is the modern manifestation of public office being used for personal gain 2. Judicial activism Mesoparticularistic goods are targeted towards Willingness of judges to venture beyond narrow legal constituencies, like roads and bridges. decisions so as to influence public policy, ie the bodycam Micro-particularistic goods are personal and private issue during Duterte’s drug war and the anti-terrorism law. goods for individuals It is the P who has authority over the disbursement Pre-Colonial => Pre-ML of “pork”, as they can veto the budget and even conflict resolution relied on the datu, who had release/impound funds authorized by the budget judicial authority and acted as judge in both civil The practice remains because: and criminal cases ○ Allows legislators to deliver goods to their conciliation, meditation, arbitration, and constituents (even if it is for the sake of adjudication were methods used, with conciliation reelection) being most common as almost all cases could be ○ Politicians skim off resources from their settled thru the payment of fines pork for personal goals early judicial system was participatory in the sense ○ Pork has enabled presidents to attain their that witnesses and even judge had personal stakes goals - the disbursement of pork is how in the outcome of the case they secure congressional support for their observations of historians were limited and did not goals, whether it’s political survival or cover more remote areas legislation or squishing an impeachment Concept of a hierarchical and centralized judiciary complaint was introduced by colonial powers 1946-1972 Characterized by the court’s restraint in exercising JUDICIARY BRANCH judicial review; court maintained its hands-off policy re: actions of the legis branch Factors contributing to the court’s tendency to Atienza & Baylon The Judiciary restrict itself from asserting itself against the other The branch empowered to decide legal disputes two branches They interpret the law, but do not implement it (too ○ SC was never divided along ideological much power) lines due to the PH’s pragmatic political A co-equal, separate branch of govt. culture not allowing the development of an idelogical culture Are judges politically significant? ○ SC members have always been recruited Judges are supposed to be independent, from the same dominant class within the PAGE 15  POLSC 14 READINGS 44689 1S 24-25 political system hence they usually share appointees to the judiciary, from which the same ideologies president chooses ○ PH has always had a strong presidency Expanded Power of Judicial Review - now includes since 1935 consti and it would take a deep the power to determine whether or not there haas ideological commitment to go against been a grave abuse of discretion. exec will, compounded by utang na loob Power to Review Proclamation of ML and and hiya Suspension of Writ - power to review the ○ Filos as Asians are more collective in sufficiency of the factual basis of proclamation. making decisions, so judges in collegiate Judge of Presidential Elections - SC has courts are predisposed towards consensus responsibility of sitting as the sole judge of all SC has been reluctant to abide by exec/legis actions contests re: P and VP election. promoting social change if violating consti Judicial independence and manner of appointment SC was only eager to exercise its powers if doing so was to protect its own integrity and that of its DEVELOPING A MORAL COMPETENT JUDICIARY members 1. Code of judicial conduct to improve integrity A problem marring judicial independence during 2. Judicial education this period was political patronage & horse trading 3. Monitoring judicial projects, programs, and performance of TCs MARTIAL LAW 4. Penalizing erring judges Since FM was sole appointing authority, judicial 5. Honoring exemplary performance officials were under constant threat of removal STRUCTURE Javellana v exec sec paved the way for the effectivity of the 1973 constitution, as there were not enough votes declaring that the new consti was not in force. However, if the SC had moved against FM, he may have declared a revolutionary govt and usurped them too Aquino v Enrile, v COMELEC, and Mili Comm 2 was cases of Marcos critics led by Aquino Jr questioning the acts of the Marcos govt Other cases showed that SC favored the exec branch over the rights of the people Crus described Legaspi v Sec of Finance’s court decision as “being written out of sheer unreasoning loyalty to the dictator.” Garcia-Padilla v Enrile - SC affirmed that a crime of subversion is a continuing arrest, so the accusee may be arrested anytime without a warrant SC easily capitulated to the whims of the exec, trying to protect the ppl’s interest without compromising its position in the dictatorship SC’s decision in PH Bar Assoc vs COMELEC paved the way for the ‘86 snap elections POST-1986 - REDEMOCRATIZATION Judicial Structure & Powers under ‘86 Consti Security of Tenure - courts may be established/abolished by law, but no law can be - If not satisfied w the decision, you can appeal at passed reorganizing the judiciary when it CA or SC. Limitation is that they will no longer undermines security of tenure of members look at the evidence, they will only look at whether Fiscal Autonomy - appropriations may not be the procedure done by the lower courts is correct reduced by legis below amt appropriated for the previous yr PROBLEMS & ISSUES Creation of Judicial and Bar Council - JBC’s Delay/inefficiency principal function is to screen and recommend PAGE 16  POLSC 14 READINGS 44689 1S 24-25 the increase in cases filed is due to the increase in Refinement and Simplification of Procedures pop and higher awareness of rights and privileges. Computerization - case monitoring and tracking Court system delay - judiciary lacks courts, system, e- judicial lib and research facilities, facilities, personnel, budget. Also complex rules computerized collation of decisions in SCRA Judges can also be incompetent or ignorant Mediation as Alternative Dispute Resolution Lawyers can be causes of delay thru unavailability, Program lack of preparedness, use of delaying tactics, etc Delay may come from court-related agencies, ie Reforms Addressing Public Info Issues failure of the police to appear as witnesses, failure Public Info Office disseminating info about court of police to serve arrest orders, inefficiency of decisions and activities postal service in delivering court-related mats, etc Action Program for Judicial Reform Ppl’s access to the courts Poor ppl are severely disadvantaged Atienza The Philippine Judiciary (2023) ○ Submissive attitude and inability to Are courts formed and operated according to communicate w their lawyers bc of hiya consti provisions? ○ Lack of educ/knowledge abt the law There is more than thin compliance in this area, which is ○ Lack of fam support and finances good news. Public attorneys are hampered from effectively representing poor clients Is the judiciary perceived as independent and ○ Overwhelming workload of hundreds of competent? cases There is thin compliance in this area despite reforms being ○ Lack of facilities for their cases instituted to address this. ○ Lack of investigators and legal researchers - Chief Justice Gesmundo got a 15% trust rating, ○ Meager salaries with 76% adult Filos undecided because they don’t Justice on wheels project - country’s 1st mobile know him, speaking to the lack of knowledge about court the judiciary branch among the GP. However, being Law student practice - LS can appear w/o lowkey may be a good thing as the CJ may become compensation to represent indigent clients, under too populist otherwise. direct supervision Growth of PH devt legal service Does the judiciary corps fairly reflect the population? Negative perception of the judiciary Widespread perception of graft and corruption - while the judiciary is the least transparent due to the strictly confidential nature of the cases handled, this is still considered a relevant problem JUDICIAL REFORMS Katarungang Pambarangay - For simple cases, you can let the punong barangay mediate between the parties so you don’t have to go to court Creation of the Office of Court Admin - CA assisted SC in supervising lower courts The Continuous Trial System - one cause of court delay is segmented trial system. Continuous trial system shortened litigation times and was implemented, despite criticism about how it worked against poor litigants and reduced lawyers’ income Pretrial - SC encouraged judges to make use of pretrial techniques such as amicable settlement/compromise, eliciting more admissions, disclosure of evidence, other ways to expedite proceedings PAGE 17