PPGC Finals na PDF

FINALS But they are also under the general supervision of the Chief Executive, LESSON 13: LOCAL GOVERNMENT & t...

FINALS But they are also under the general supervision of the Chief Executive, LESSON 13: LOCAL GOVERNMENT & through the Secretary of the Department DECENTRALIZATION of Interior and Local Government (DILG). The Local Government Units (LGU) of the These local governments are agencies of Philippines the national government in the matter of collection of taxes, law enforcement, and other governmental functions, which may be delegated by the national government to these local governments. I. PROVINCES ➔ The provincial government takes care of the functions which affect the people of a certain province. ➔ The province is the largest political unit in the Philippines. Rationale of Local Governments ➔ It possesses the following powers: The Constitution of the Philippines 1) to acquire and transfer real and recognizes the importance of local personal properties, governments. 2) to enter into contracts, including It provides as a policy that "the State shall those incurring obligations, which guarantee and promote the autonomy of are expressly provided by law; and the local government units – especially the 3) to exercise such other rights and barangays -- to ensure their fullest incur such other obligations as are development as self-reliant Communities.“ expressly authorized by law. Local governments constitute the ➔ There are 77 provinces in the Philippines. foundation of the entire structure of the ➔ They are classified according to their government. average income for five consecutive The acts of the local government units years. affect the ordinary citizen more directly ➔ The higher the income of the province, the than those of the national government. higher is its classification. The average citizen has more and closer ➔ The salaries that can be paid to the contacts with the local governments and provincial officials depend upon the class their agencies than with the national or to which it belongs. provincial government, and is more ➔ Higher salaries are paid to the officials of concerned with the local affairs than with the higher-class provinces. those of the national or provincial in ➔ A province elects its executives -- the scope. governor, vice governor, and the members of the provincial board (vocales). There Over-all Supervision of the LGUs are three vocales in the first-, second-, The President of the Philippines exercises and third-class provinces, and two in the supervision over the whole country. other classes of provinces. But for purposes of administrative control, ➔ The rest of the provincial officials -- like the Philippines is divided into units of the provincial treasurer, provincial different sizes -- known as political assessor, district auditor, judges of the subdivisions. Regional Trial courts, provincial fiscal, These are provinces, municipalities, cities, division superintendent of schools, district and barangays. health officer, district engineer, and These political subdivisions enjoy register of deeds -- are all appointed by autonomy, especially in local affairs. 1  lOMoARcPSD|50270781 the corresponding departments of the national government. ➔ The election of the governor, vice governor, and members of the provincial board takes place on the Second Tuesday of November of the election year. ➔ They hold office for three years. They cannot serve for more than three consecutive terms. ➔ The provincial governor exercises general supervisory powers over the entire province. ➔ He also makes known to the people of his province all laws and orders of the government, especially those which directly concern them and sees to it that they are faithfully carried out. ➔ He acquaints himself with the conditions of the municipalities comprising the province and advises local officials in matters II. MUNICIPALITY affecting their official work. ➔ A municipality is a local government unit (LGU) in the Philippines. ➔ A municipality is called town in its archaic term: a municipality has the function of a town since its inception. ➔ It is distinct from city, which is a different category of local government unit. ➔ Provinces of the Philippines are divided into cities and municipalities, which in turn, are divided into barangays (formerly barrios) – villages. ➔ As of 7 September 2019, there are 1,488 municipalities across the country. ➔ Each province is composed of municipalities commonly called towns. ➔ The municipality is a public corporation created by an act of congress and is governed by the Municipality Law, which defines its duties and powers. ➔ Being public corporations, municipalities can sue or be sued in court; enter into contracts; acquire and hold real and personal properties for municipal purposes; and exercise such other powers as are granted by law. ➔ Municipalities are classified according to their average annual income for the last four fiscal years. ➔ There are 1,540 municipalities in the Philippines. ➔ They are autonomous units of government and have elective and appointive officials. 1  lOMoARcPSD|50270781 ➔ The elective officials are the municipal The charter is the constitution of the city. mayor, vice mayor, and councilors. The charter creates the city, defines its ➔ The are elected by the qualified voters for boundaries, provides its system of a term of three years. government, and defines the powers and ➔ They cannot serve for more than three duties of its officials. consecutive terms. A city or any of its officials cannot perform ➔ The appointive officials are the municipal any official act which is not permitted by its secretary, treasurer, justice of the peace charter. and chie Of police. The city elective officials are the mayor, ➔ The municipal mayor is the chief executive vice mayor, and the members of the city officer of the town. council. They are elected for a term of three years. Functions of the Mayor They cannot serve for more than three His main functions are: consecutive terms. ○ to execute all laws and municipal The mayor is the executive official of the ordinances; city, aided by the appointive heads of the ○ to supervise the administration of various departments. the town; The vice mayor is the presiding officer of ○ to issue orders relative to the the board. And the city courts exercise maintenance of peace and order; judicial functions. The lawmaking body of ○ to preside over the meetings of the the city is council. municipal council; ○ to recommend measures to the Functions of the City Council municipal council aimed at the 1) to levy and collect taxes in accordance improvement of the social and with law; economic conditions of the people. 2) to enact ordinances; 3) to provide for public works constructions The Municipal Council: and for the maintenance of a local police The municipal councils are the lawmaking force; body of the town and are composed of the 4) to establish fire zones within the city and mayor -- who is the chairman of the to regulated the type of building which council -- vice mayor, and the councilors. may be constructed within each zone; 5) and to provide for the protection of the Functions of the Municipal Council: inhabitants from public calamities and to 1) to fix the salaries of all municipal offices provide relief in times of emergency. and employees, except the treasurer, teachers in the public schools, and staff of NOTE: national government agencies assigned to ➔ There are 67 chartered cities in the the municipality; Philippines. 2) to provide for expenses necessary to carry out the functions of the municipality; IV. The Barangay Council 3) to provide for buildings adequate for Each municipality or city is composed of a municipal uses, including school houses; number of villages or barangays. 4) to provide for the levy and collection of The barangays are the smallest units of taxes, fees, and charges as sources of local government in the Philippines. They municipal revenue; are governed by the Barrio Charter. 5) and to establish and maintain an efficient The elective officials of the barangays are police department and an adequate the Barangay Captain and the Barangay municipal jail. Councilors. III. Chartered City Functions of the Barangay Captain The chartered city is also a unit of local As chief executive, the barangay captain administration. is its recognized leader. It is created by a special law which serves He enforces all the laws and ordinances as its charter. applicable to his Constituency. 3  lOMoARcPSD|50270781 He may organize fire brigades, preside Debureaucratization over all meetings both of the barangay ➔ transfer of some public functions and council and assembly, organize groups of responsibilities, which government may citizens to fight criminality and brigandage, perform to private entities or and approve all payments from barangay non-government organizations (NGOs). It funds. involves the harnessing of the private He also sings all contacts in which the sector and non governmental barangay is a party. organizations in the delivery of services through various modalities including Nature of the Barangays contracting out, private-public partnership There are 41, 945 barangays in the and joint ventures. Philippines. They are public corporations and so, they can sue and be sued in court; Three Components of Decentralization: can enter into contracts, can acquire and Political Decentralization hold all kinds of property; and can ➔ focuses among others on improved exercise such powers or perform such planning and monitoring of development acts as are provided by law. measures, formulating strategies for the active integration of civil society and the Definition of Decentralization economic sector, and the promotion of Decentralization is defined as the transfer information exchange and management. of power and authority from central institutions to lower or local levels of a Fiscal Decentralization government system. ➔ focuses on the increase in local According to Raul P. De Guzman, government’s responsibility for decentralization generally refers to the expenditures. systematic and rational dispersal of power, Institutional Decentralization authority and responsibility from the center to the periphery, from top to lower levels, ➔ focuses among others on the delivery of or from national to local governments. basic services from the national government to the local government units Decentralization refers to the transfer of concerned. powers from central government to local levels in a political-administrative and Indicators of Political Decentralization: territorial hierarchy. This process allows Accountability the participation of the people and the ➔ local committees consisting of men and local government. women work in selected LGUs according Decentralization hands over political, to the guidelines of the Local Government financial and administrative authority from Code of 1991 to implement result-oriented central to local governments, so that the & target-relevant decisions and measures. government can facilitate and guarantee better public services for the people. Transparency ➔ selected LGUs and national organizations Three Forms of Decentralization /departments publish their annual budgets Devolution in media accessible to citizens such as ➔ transfer of power and authority from the newspapers, bulletin boards at the town national government to local government hall and churches; and report units; political and territorial semi-annually on the implementation decentralization status of programs in citizen’s assemblies. Deconcentration Responsibility and Participation ➔ transfer of power, authority or ➔ The portion of programs and projects responsibility or the discretion to plan, realized by LGUs through active and decide and manage from central to local quantifiable participation levels; administrative and sectoral decentralization 4  lOMoARcPSD|50270781 Impact of Political Decentralization Decentralization empowered Local leaders to take greater control over their region’s destinies. Local leaders, citizens and other stakeholders are given more freedom in determining their development paths. Political Decentralization delegated some powers from the central authority to the local authorities, who are much familiar with the cultural, social and economic aspects of their respective regions. The main objective is for the provinces, cities and municipalities to use their financial resources more efficiently, generate additional resources and tap alternative resources. Indicators of Fiscal Decentralization: 1) Improved financial management including qualification of participants in areas of financial management 2) Strengthening cooperation on different levels 3) Promoting exchange of experiences, formulating strategies for an improved integration of the business sector and civil society in social and economic programs. Impact of Institutional Decentralization Better service delivery is a matter of coordination & collaboration. Bridging and empowering the public and private sectors of different regions in the country through forums, seminars, workshops, studies and researches. Working within networks is a strategic element in achieving sustainability, reliability and a broad effect, especially for the forging of “strategic alliances”. Exchange of ideas and mutual understanding among local chief executives, police and military is crucial in achieving sustainable peace and development  1987 PHILIPPINE CONSTITUTION ARTICLE V RECALL SUFFRAGE a method by which a local elective official may be removed from office during his tenure. SECTION 1 AGE QUALIFICATION Suffrage may be exercised by all citizens of the This is based on the assumption that under a Philippines not otherwise disqualified by law, certain age, human beings have the maturity, who are at least eighteen years of age, and who experience, education and sense of judgment shall have resided in the Philippines for at least that will enable them to vote with reasonable one year and in the place wherein they propose degree of intelligence. to vote for at least six months immediately preceding the election. RESIDENCE QUALIFICATION This is to give reasonable period within which a MEANING OF SUFFRAGE: person can familiarize himself with the needs and ➔ It is the right and obligation to vote of conditions and the personalities of the nation qualified citizens in the election of public and locality. officers ➔ No literacy, property, or other substantive PERSONS DISQUALIFIED TO VOTE requirement shall be imposed in the exercise of 1) Those who have been sentenced to suffer suffrage. imprisonment for not less than 1 yr. 2) Those who committed any crime involving SECTION 2 disloyalty to the government such as rebellion ➔ The Congress shall provide a system for and sedition. securing the secrecy and sanctity of the ballot 3) Those declared as insane or incompetent as well as a system for absentee voting by persons. qualified Filipinos abroad. SECTION 2A SECTION 2B ➔ The Congress shall provide a system for securing the secrecy and sanctity of the ballot ➔ The Congress shall also design a procedure for as well as a system for absentee voting by the disabled and the illiterates to vote without qualified Filipinos abroad. the assistance of other persons. ➔ Until then, they shall be allowed to vote under Secrecy and Sanctity of the Ballot existing laws and such rules as the Commission to insure that the voters shall exercise their right on Elections may promulgate to protect the to freely, uninfluenced by threats, intimidation or secrecy of the ballot. corrupt motives and to secure a fair and honest count of the ballots. NATURE OF SUFFRAGE 1.) A mere privilege Absentee Voting System suffrage is not a natural right but merely a Filipinos who, by force of circumstances, have privilege to be given or withheld by the law temporarily work and reside abroad but maintain their love and loyalty to their native 2.) A political right land are still part of our Republic, they are also suffrage enables a citizen to participate in the affected by the quality of public officials and process of government. policies of the government. SCOPE OF SUFFRAGE ELECTION REPUBLIC ACT NO. 9189 The Overseas Absentee means by which people choose their Voting Act of 2003 officials. ➔ All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen PLEBISCITE (18) years of age on the day of elections, may vote of the people expressing their choice for or vote for president, vice-president, senators and against a proposed law submitted to them. party-list representatives. REFERENDUM submission of a law passed by the legislative body to the people for their ratification or rejection. INITIATIVE people directly propose and enact laws.  involving elective barangay officials decided by trial ARTICLE IX CONSTITUTIONAL COMMISSIONS courts of limited jurisdiction. C. COMMISSION ON ELECTIONS (COMELEC) Decisions, final orders, or rulings of the SECTION 1. Commission on election contests involving There shall be a Commission on Elections elective municipal and barangay offices shall be composed of a Chairman and six final, executory, and not appealable. Commissioners who shall be natural-born 3) Decide, except those involving the right to vote, citizens of the Philippines and, at the time of all questions affecting elections, including their appointment, at least thirty-five years of determination of the number and location of age, holders of a college degree, and must polling places, appointment of election officials not have been candidates for any elective and inspectors, and registration of voters. positions in the immediately preceding elections. However, a majority thereof, 4) Deputize, with the concurrence of the President, including the Chairman, shall be members of law enforcement agencies and instrumentalities the Philippine Bar who have been engaged of the Government, including the Armed Forces in the practice of law for at least ten years. of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and (1) credible elections. The Chairman and the Commissioners shall be appointed by the President with the 5) Register, after sufficient publication, political consent of the Commission on Appointments parties, organizations, or coalitions which, in for a term of seven years without addition to other requirements, must present their reappointment. Of those first appointed, three platform or program of government; and accredit Members shall hold office for seven years, citizens' arms of the Commission on Elections. two Members for five years, and the last Religious denominations and sects shall not be Members for three years, without registered. Those which seek to achieve their reappointment. Appointment to any vacancy goals through violence or unlawful means, or shall be only for the unexpired term of the refuse to uphold and adhere to this Constitution, predecessor. In no case shall any Member be or which are supported by any foreign appointed or designated in a temporary or government shall likewise be refused acting capacity. registration. Composition of Members Financial contributions from foreign governments Chairman and their agencies to political parties, organizations, Six (6) Commissioners coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the Qualifications of Members cancellation of their registration with the 1. natural-born citizens of the Philippines Commission, in addition to other penalties that may be prescribed by law. 2. at least thirty-five (35) years of age at the time of their appointment 6) File, upon a verified complaint, or on its own 3. holder of a college degree initiative, petitions in court for inclusion or 4. must not have been candidates for any exclusion of voters; investigate and, where elective position in the immediately appropriate, prosecute cases of violations of preceding elections election laws, including acts or omissions 5. majority of the members, including the constituting election frauds, offenses, and Chairman, must be members of the malpractices. Philippine Bar who have been engaged in the practice of law for at least ten (10) 7) Recommend to the Congress effective measures years. to minimize election spending, including limitation of places where propaganda materials shall be SECTION 2. posted, and to prevent and penalize all forms of The Commission on Elections shall exercise the following powers and election frauds, offenses, malpractices, and functions: nuisance candidacies. 1) Enforce and administer all laws and regulations 8) Recommend to the President the removal of any relative to the conduct of an election, plebiscite, officer or employee it has deputized, or the initiative, referendum, and recall. imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its 2) Exercise exclusive original jurisdiction over all directive, order, or decision. contests relating to the elections, returns, and qualifications of all elective regional, provincial, 9) Submit to the President and the Congress, a and city officials, and appellate jurisdiction over comprehensive report on the conduct of each all contests involving elective municipal officials decided by trial courts of general jurisdiction, or  election, plebiscite, initiative, referendum, or culpable violation of the Constitution, treason, recall. bribery, graft and corruption, other high crimes, or betrayal of public trust. All other Nature of the powers of the Commission on public officers and employees may be Elections removed from office as provided by law, but not by impeachment. Like the Civil Service Commission, the Commission on Elections is an administrative Concept of Impeachment. agency. As such, therefore, the powers it Impeachment is a mode of terminating official possesses are executive, quasi-judicial and relation, the main object of which is to serve quasi-legislative. By exception, however, it as an effective restraint which the legislature has been given judicial power as judge with may interpose in the abuse of the executive exclusive original jurisdiction over “all contests and judicial authorities. It is a method of relating to the election, returns, and national inquest into the conduct of public qualifications of all elective regional, provincial men. and city officials and appellate jurisdiction over Purpose of Impeachment. all contests involving elective municipal officials Its purpose is to protect the people from decided by trial courts of general jurisdiction, or official delinquencies or malfeasances. It is, involving elective barangay officials decided by therefore, primarily intended for the trial courts of limited jurisdiction.” protection of the State, not for the SECTION 1. punishment of the offender. The penalties Public office is a public trust. Public officers and attached to impeachment are merely incidental to the primary intention of C. ACCOUNTABILITY OF PUBLIC OFFICERS: ART. 11 protecting the people as a body politic. AND ART. 9, CONSTITUTIONAL Officials removable by impeachment. COMMISSIONS, COA ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS 1. The President 2. The Vice-President employees must, at all times, be accountable to 3. The members of the Supreme Court the people, serve them with utmost responsibility, 4. The members of the Constitutional integrity, loyalty, and efficiency; act with Commissions patriotism and justice, and lead modest lives. 5. The Ombudsman. Meaning of “Public office is a Public Trust.” Grounds for impeachment. As expressed by Justice Malcolm in Cornejo vs. 1. Culpable violation of the Constitution Gabriel, 41 Phil. 188, 194 (1920), the basic idea of refers to a willful and intentional government in the Philippines “is that of a breach of the Constitution. Hence, representative government, the officers being not every violation of the mere agents and not rulers of the people, one Constitution constitutes an where no one man or set of men has a proprietary impeachable offense. Violation of or contractual right to an office, but where every the Constitution committed officer accepts office pursuant to the provisions of unintentionally or involuntarily either law and holds the office as a trust for the people in good faith or through an honest whom he represents.” mistake of judgment is not a ground for impeachment (Report of Special Committee, House of Rules in public services that must be followed Representatives on the by public officers and employees at all times: Impeachment of president Quirino) 1. Accountability to the people 2. Treason 2. Service with utmost responsibility, is a crime committed by any integrity, loyalty and efficiency person who, owing allegiance to 3. Acting with patriotism and justice the Philippines, not being a 4. Leading modest lives. foreigner, levies war against the SECTION 2. Philippines or adheres to her enemies, giving them aid and The President, the Vice-President, the comfort within the Philippines or Members of the Supreme Court, the elsewhere (Article 114, Revised Members of the Constitutional Commissions, Penal Code) and the Ombudsman may be removed from office on impeachment for, and conviction of,  3. Bribery (4) In case the verified complaint or resolution of (a) Direct bribery, the offense impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the committed by any public officer Articles of Impeachment, and trial by the Senate shall who shall agree to perform an act forthwith proceed. constituting a crime, in connection with the performance of his official duties, in consideration of any promise or gift received by such officer. It may likewise be committed by any public officer who shall accept such gift in consideration of the non-performance of an official duty or the execution of an act which does not constitute a crime (Article 210, Revised Penal Code) (b) Indirect bribery, the offense committed by any public office 4. Graft and corruption the phrase cover all graft and corrupt (5) No impeachment proceedings shall be initiated against practices. It was not included as ground the same official more than once within a period of one for impeachment under the 1935 year. Constitution. Its inclusion may be attributed to the awareness of the 1971 (6) The Senate shall have the sole power to try and decide Constitutional Convention of the all cases of impeachment. When sitting for that purpose, widespread graft and corruption in the the Senators shall be on oath or affirmation. When the government at the time; President of the Philippines is on trial, the Chief Justice of 5. Other high crimes the Supreme Court shall preside, but shall not vote. No the phrase refers to those crimes which, person shall be convicted without the concurrence of two- like treason and bribery, are of so thirds of all the Members of the Senate. serious and enormous a nature as to affect the very life or orderly workings (7) Judgment in cases of impeachment shall not extend of the government. further than removal from office and disqualification to For impeachment purpose, “no act may hold any office under the Republic of the Philippines, but be regarded as a high crime” unless the party convicted shall nevertheless be liable and there is a law forbidding and publishing subject to prosecution, trial, and punishment, according to it. law. SECTION 3. (8) The Congress shall promulgate its rules on (1) The House of Representatives shall have the impeachment to effectively carry out the purpose of this exclusive power to initiate all cases of impeachment. section. (2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or by PROCEDURES FOR IMPEACHMENT any citizen upon a resolution or endorsement by any The above provision delineates the procedure for Member thereof, which shall be included in the Order impeachment, as follows: of Business within ten session days, and referred to the proper Committee within three session days 1. The power to initiate impeachment is lodged on thereafter. The Committee, after hearing, and by a the House of Representatives. A resolution for majority vote of all its Members, shall submit its report impeachment requires at least 1/3 votes of all to the House within sixty session days from such member of the House of Representatives. Of referral, together with the corresponding resolution. course, the House may act upon receipt of a The resolution shall becalendared for consideration by verified complaint by any of each member; the House within ten session days from receipt thereof. 2. The power to hear and decide case of impeachment is lodged on the Senate who may (3) A vote of at least one-third of all the Members of the decide on a verdict of impeachment by 2/3 vote of House shall be necessary either to affirm a favorable all its members. The Chief Justice of the Supreme resolution with the Articles of Impeachment of the Court shall preside in case the President is the one Committee, or override its contrary resolution. The vote on trial for impeachment; of each Member shall be recorded.  provided by law, preserve the vouchers and other supporting papers pertaining thereto. 3. Judgment is limited to removal from office and disqualification to hold public office. (2) The Commission shall have exclusive ARTICLE IX COMMISSION ON AUDIT (COA) authority, subject to the limitations in this Article, D. THE COMMISSION ON AUDIT to define the scope of its audit and examination, establish the techniques and methods required SECTION 1. therefore, and promulgate accounting and (1) There shall be a Commission on Audit auditing rules and regulations, including those for composed of a Chairman and two Commissioners, the prevention and disallowance of irregular, who shall be natural-born citizens of the unnecessary, excessive, extravagant, or Philippines and, at the time of their appointment, unconscionable expenditures or uses of at least thirty-five years of age, Certified Public government funds and properties. Accountants with not less than ten years of Composition of Members auditing experience, or members of the Philippine 1. Chairman Bar who have been engaged in the practice of law for at least ten years, and must not have been 2. Two Commissioners candidates for any elective position in the Qualifications of Members elections immediately preceding their a. natural-born citizens of the Philippines appointment. At no time shall all Members of the Commission belong to the same profession. b. at the time of their appointment, at least thirty- (2) The Chairman and the Commissioners five years of age shall be appointed by the President with the c. Certified Public Accountants with not less than consent of the Commission on Appointments for a ten years of auditing experience, or members of term of seven years without reappointment. Of the Philippine Bar who have been engaged in the those first appointed, the Chairman shall hold practice of law for at least ten years office for seven years, one Commissioner for five d. must not have been candidates for any elective years, and the other Commissioner for three years, position in the elections immediately preceding without reappointment. their appointment. Appointment to any vacancy shall be only for the NOTE: unexpired portion of the term of the predecessor. At no time shall all Members of the In no case shall any Member be appointed or Commission belong to the same designated in a temporary or acting capacity. profession. SECTION 2. The Chairman and the Commissioners shall be appointed by the President with the consent of the (1) The Commission on Audit shall have the Commission on Appointments for a term of seven power, authority, and duty to examine, audit, and years without reappointment. Of those first settle all accounts pertaining to the revenue and appointed, the Chairman shall hold office for seven receipts of, and expenditures or uses of funds and years, one Commissioner for five years, and the property, owned or held in trust by, or pertaining other Commissioner for three years, without to, the Government, or any of its subdivisions, reappointment. Appointment to any vacancy shall agencies, or instrumentalities, including be only for the unexpired portion of the term of the government-owned or controlled corporations with predecessor. In no case shall any Member be original charters, and on a post- audit basis: appointed or designated in a temporary or acting (a) constitutional bodies, commissions and offices capacity. that have been granted fiscal autonomy under this Constitution; General function of the Commission on Audit. (b) autonomous state colleges and universities; To examine the accuracy of the records kept by (c) other government-owned or controlled accountable officers and to determine whether corporations and their subsidiaries; and expenditures have been made in conformity (d) such non-governmental entities receiving with law. It is therefore through the Commission subsidy or equity, directly or indirectly, from or on Audit that the people can verify whether through the Government, which are required by their money has been properly spent. law or the granting institution to submit to such audit as a condition of subsidy or equity. Classifications of the functions of the Commission on Audit. (1) to examine and audit all forms of However, where the internal control system of government revenues the audited agencies is inadequate, the (2) to examine and audit all forms of Commission may adopt such measures, including government expenditures temporary or special pre-audit, as are necessary (3) to settle government accounts and appropriate to correct the deficiencies. It (4) to promulgate accounting and auditing rules shall keep the general accounts of the “including those for the prevention and disallowance Government and, for such period as may be of irregular, unnecessary;”  D. POLITICAL PARTIES AND anti-Marcos efforts. This coalition of ORGANIZATIONS: ART. 9 CONSTITUTIONAL opposition parties enabled Corazon Aquino COMMISSIONS, COMELEC to campaign against Marcos in 1986. In September 1986 the revolutionary left formed a legal political party to contest History of Political Parties in the Philippines congressional elections. The Partido ng The first Philippine political party, Bayan (Party of the Nation) allied with other established in 1900, was the Federal left-leaning groups in an Alliance for New Party, which advocated peace and Politics. This unsuccessful attempt for eventual statehood. Later, the Nationalist electoral representation resulted in a return Party (NP) and the Democratic Party were to guerrilla warfare on the part of the established. They did not produce an actual two-party system, since the Communists. Nationalists retained exclusive control and After assuming the presidency, Aquino the Democrats functioned as a "loyal formally organized the People's Power opposition." Movement (Lakas Ng Bayan), the However, following Japanese occupation successor to her late husband's party. In and the granting of independence, an the congressional elections of May 1987, effective two-party system developed Aquino's popularity gave her party a between the Liberal Party (LP) and the NP. sweep in the polls, making it the major The Progressive Party, formed in 1957 by party in the country. Marcos's KBL was adherents of Ramon Magsaysay, polled more reduced to a minor party. than one million votes in the presidential Some of its members formed their own election of 1958. splinter groups, such as the Grand Alliance In the elections of November 1965, for Democracy (GAD), a coalition of parties Senator Ferdinand Marcos, the NP seeking distance from Marcos. Others candidate, received 55% of the vote. In the revived the LP and the NP, seeking 1969 election, he was elected to an renewed leadership. The left-wing People's unprecedented second term. All political Party (Partido Ng Bayan), which supports activity was banned in 1972, following the the political objectives of the NPA, was a imposition of martial law, and was not minor party in the elections. In May 1989 allowed to resume until a few months before Juan Ponce Enrile reestablished the the April 1978 elections for an interim Nacionalista Party. National Assembly. A new opposition party, the Filipino Party The Marcos government's New Society (Partido Pilipino), organized in 1991 as a Movement (Kilusan Bagong Lipunan- KBL) vehicle for Aquino's estranged cousin won that election and the 1980 and 1982 Eduardo "Danding" Cojuangco's balloting for local officials, amid charges of presidential campaign. He ran third in the electoral fraud and attempts by opposition election, taking 18.1% of the vote, behind groups to boycott the voting. Miriam Defensor Santiago with 19.8% of The principal opposition party was the the vote. On 30 June 1992 Fidel Ramos People's Power Movement-Fight (Lakas Ng succeeded Corazon Aquino as president of Bayan- Laban), led by Benigno S. Aquino, Jr., the Philippines with a plurality of 23.6%. In until his assassination in 1983. September 1992 Ramos signed the Anti- This party joined with 11 other opposition Subversion Law signaling a peaceful parties in 1982 to form a coalition known as resolution to more than 20 years of the United Nationalist Democratic Communist insurgency, with the repeal of Organization (UNIDO). Following Aquino's the anti-subversion legislation in place murder, some 50 opposition groups, including since 1957. the members of the UNIDO coalition, agreed On 26 August 1994 Ramos announced a to coordinate their new political coalition that would produce  the most powerful political group in the Philippines. Ramos' Lakas-National Union of Christian Democrats (Lakas/NUCD) teamed with the Democratic Filipino Struggle (Laban ng Demokratikong Pilipino, Laban). Following the 1995 elections, the LDP controlled the Senate with 14 of the 24 members. The elections in 1998 changed the political landscape once more. In the Senate the newly created Laban Ng Masang Pilipino, led by presidential candidate, Joseph Estrada, captured 12 seats to the Lakas 5, PRP 2, LP 1, independents 3. The LAMP party also dominated the House of Representatives with 135 seats to theLakas 37, LP 13, Aksyon Demokratiko 1,and 35 independents. Political parties and their leaders in 2002 included: Kilusang Bagong Lipunan (New Society Movement), led by Imelda Marcos; Laban Ng Demokratikong Pilipino (Struggle of Filipino Democrats) or LDP, led by Eduardo Angara; Lakas, led by Jose De Venecia; Liberal Party or LP, led by Florencio Abad; Nacionalista Party, led by Jose Oliveros; National People's Coalition or NPC, led by Eduardo Cojuangco; PDP- Laban, led by Aquilino Pimentel; and the People's Reform Party or PRP, led by Miriam Defensor-Santiago.  lOMoARcPSD|50270781 WEEK 15: CITIZENSHIP PART 1 Citizen THE CITIZEN & THE NON-CITIZEN ➔ is a person having he title of citizenship. ➔ Since the state is organized and the He is a member of a democratic government is established for the welfare community who enjoys full civil and of the citizen, it becomes essential that we political rights, and is accorded protection should know the meaning of the term inside and outside the territory of the “citizen”. State. Along with other citizens, they ➔ Speaking in terms of Political Science, compose the political community. citizen means a person who is the A CITIZEN MUST HAVE: member of the state and who enjoys 1. The membership of the state. social and political rights. In our country an 2. The Social and Political rights. adult 18 years of age enjoys, regardless of 3. Sentiment of devotion to the state. economic or social status, color and creed, education, property and residence, Distinction between an Alien and a Citizen: etc. There is a marked distinction between an ➔ As a matter of fact, the concept of alien and a citizen. citizenship goes back to the ancient city- Citizen states where the population was divided ➔ enjoys civil and political rights in his own into two classes —the citizens and the country. slaves. The citizens enjoyed both civil and political rights. They directly or indirectly Alien participate in all the functions of the civil ➔ is not privileged to enjoy the political rights and political life of the state. of the country but sometimes he is privileged to enjoy a few of the social Citizen rights. ➔ this term be understood in a narrow or in a ➔ It depends entirely on the government of broad sense. the country, in which he lives, to permit ➔ In a narrow sense, it means the resident of him to enjoy the social rights or not. a city or one who enjoys the privilege of living in a city. TRADITIONAL AND MODERN VIEWS OF ➔ While in a broad sense citizen means a CITIZENSHIP person, who resides within the territorial limits of the state. TRADITIONAL VIEWS OF CITIZENSHIP DEFINITION OF THE CITIZEN: GREEKS’ TRADITIONAL VIEW ON According to Aristotle, citizen is he “who CITIZENSHIP (STATE-CENTRIC) has the power to take part in the Polis meant both the political assembly of deliberative or judicial administration of the city-state as well as the entire society. any state is said by us to be a citizen of Citizenship has generally been identified that state”. as a western phenomenon. There is a Vattal has defined citizens as, “the general view that citizenship in ancient members of a civil society bound to this times was a simpler relation than modern society by certain duties, subject to its forms of citizenship, although this view authority and equal participants in its has come under scrutiny. advantages”. The relation of citizenship has not been a “Citizenship”, according to Laski, “is the fixed or static relation, but constantly contribution of one’s instructed judgment changed within each society, and that to the public good”. according to one view, citizenship might "really have worked" only at select periods MEANING OF CITIZENSHIP AND CITIZEN during certain times, such as when the Citizenship Athenian politician Solon made reforms in ➔ is a term denoting membership of a citizen the early Athenian state. in a political society, which membership implies, reciprocally, a duty of allegiance on the part of the member and duty of protection on the part of the State. 21  lOMoARcPSD|50270781 ACCORDING TO GEOFFREY HOSKING… part in the running of the community's a British Historian affairs is to be either a beast or a god!" ➔ Citizenship in ancient Greece arose from ➔ This form of citizenship was based on an appreciation for the importance of obligations of citizens towards the freedom. …growth of slavery was what community, rather than rights given to the made Greeks particularly conscious of the citizens of the community. value of freedom. ➔ This was not a problem because they all ➔ When the Greeks fought together, they had a strong affinity with the polis; their fought in order to avoid being enslaved by own destiny and the destiny of the warfare, to avoid being defeated by those community were strongly linked. Also, who might take them into slavery. And citizens of the polis saw obligations to the they also arranged their political community as an opportunity to be institutions so as to remain free men. virtuous; it was a source of honor and ➔ Fear of being enslaved was a central respect. motivating force for the development of ➔ In Athens, citizens were both ruler and the Greek sense of citizenship. Slavery ruled, important political and judicial permitted slave-owners to have offices were rotated and all citizens had substantial free time, and enabled the right to speak and vote in the political participation in public life. assembly. ➔ Polis citizenship was marked by exclusivity. Inequality of status was MODERN VIEWS OF CITIZENSHIP widespread; citizens had a higher status The modern idea of citizenship still than non-citizens, such as women, slaves respects the idea of political participation, or barbarians. but it is usually done through "elaborate ➔ The first form of citizenship was based on systems of political representation at a the way people lived in the ancient Greek distance" such as representative times, in small-scale organic communities democracy. of the polis. Modern citizenship is much more passive; ➔ Citizenship was not seen as a separate action is delegated to others; citizenship is activity from the private life of the often a constraint on acting, not an individual person, in the sense that there impetus to act. Nevertheless, citizens are was not a distinction between public and usually aware of their obligations to private life. authorities, and are aware that these ➔ The obligations of citizenship were deeply bonds often limit what they can do. connected into one's everyday life in the TWO COMPETING VIEWS OF CITIZENSHIP polis. LIBERAL-INDIVIDUALIST / LIBERAL ➔ These small-scale organic communities CONCEPT OF CITIZENSHIP were generally seen as a new ➔ The liberal-individualist or sometimes development in world history, in contrast to liberal conception of citizenship suggests the established ancient civilizations of that citizens should have entitlements Egypt or Persia, or the hunter-gatherer necessary for human dignity. bands elsewhere. ➔ It assumes people act for the purpose of ➔ From the viewpoint of the ancient Greeks, enlightened self-interest. a person's public life was not separated ➔ According to this viewpoint, citizens are from their private life, and Greeks did not sovereign, morally autonomous beings distinguish between the two worlds with duties to pay taxes, obey the law, according to the modern western engage in business transactions, and conception. defend the nation if it comes under attack, ➔ The obligations of citizenship were deeply but are essentially passive politically, and connected with everyday life. their primary focus is on economic ➔ To be truly human, one had to be an betterment. active citizen to the community, which CIVIC-REPUBLICAN / CLASSICAL OR CIVIC Aristotle famously expressed: "To take no HUMANIST CONCEPT OF CITIZENSHIP 22  lOMoARcPSD|50270781 LIBERAL CONCEPT OF CITIZENSHIP 14. Holding public office; ➔ According to this formulation, the state 15. Serving the country through military or exists for the benefit of citizens and has other service; an obligation to respect and protect the 16. Disobeying laws and taking the rights of citizens, including civil rights and consequences to demonstrate that a law political rights. or policy is unjust. ➔ It was later that so-called social rights became part of the obligation for the state. FILIPINO CITIZENSHIP 1987 Philippine Constitution HUMANIST CONCEPT OF CITIZENSHIP ARTICLE IV: CITIZENSHIP ➔ Citizenship means being active in SECTION 1.The following are citizens of the government affairs. According to one view, Philippines: most people today live as citizens 1. Those who are citizens of the Philippines according to the liberal-individualist at the time of the adoption of this conception but wished they lived more Constitution; according to the civic-republican ideal. 2. Those whose fathers or mothers are citizens of the Philippines; An ideal citizen 3. Those born before January 17, 1973, of is one who exhibits "good civic behavior". Filipino mothers, who elect Philippine Free citizens and a republic government citizenship upon reaching the age of are "mutually interrelated." majority; and ➔ Citizenship suggested a commitment to 4. Those who are naturalized in accordance "duty and civic virtue". with law. WHAT IS PARTICIPATORY CITIZENSHIP? MEANING OF CITIZENSHIP AND CITIZEN: A citizen that is active at local, state, or Citizenship national levels in addressing social issues ➔ denotes membership of a citizen in a relevant to the community by learning how political society , which membership government systems work and taking part implies, reciprocally, a duty of allegiance in community-based initiatives. on the part of the members and duty of protection on the part of the state. WAYS CITIZENS CAN PARTICIPATE 1. Looking for information in newspapers, Citizen magazines, and reference materials and ➔ a member of a democratic community who judging its accuracy; enjoys full civil and political rights and is 2. Voting in local, state, and national accorded protection inside and outside the elections; territory of the State. 3. Participating in a political discussion; 4. Trying to persuade someone to vote a GENERAL WAYS OF ACQUIRING certain way; CITIZENSHIP: 5. Signing a petition; INVOLUNTARY METHOD by birth because of blood relationship (jus 6. Wearing a button or putting a sticker on sanguinis) or place of birth (jus soli). the car; 7. Writing letters to elected representatives; VOLUNTARY METHOD 8. Contributing money to a party or a member of a democratic community who candidate; enjoys full civil and political rights and is 9. Attending meetings to gain information, accorded protection inside and outside the discuss issues, or lend support; territory of the State. 10. Campaigning for a candidate; 11. Lobbying for laws that are of special interest; 12. Demonstrating through marches, boycotts, sit-ins, or other forms of protest; 13. Running for office; 23  lOMoARcPSD|50270781 WEEK 16: CITIZENSHIP PART 2 foreign country WHO ARE CITIZENS OF THE PHILIPPINES? 1) Those who are citizens of the Philippines d.) by rendering service to the armed forces of a at the time of the adoption of this Constitution foreign country The citizens referred to are those INVOLUNTARILY considered Filipino citizens at the time of a.) by cancellation of his certificate of the effectivity of the present Constitution naturalization by the court on February 2, 1987. b.) by having been declared as a deserter in the (2) Those whose fathers or mothers are citizens Philippine armed forces in time of war. of the Philippines The Philippines follows the principle of jus WAYS OF REACQUIRING LOST PHILIPPINE sanguinis. In determining the citizenship of CITIZENSHIP the child, Filipino mothers are placed on a.) by naturalization equal footing with their husbands. b.) by repatriation of deserters of the Philippine 3) Those born before January 17, 1973, of Filipino armed forces mothers, who elect Philippine citizenship upon c.) by direct act of the Congress. reaching the age of majority Under the 1935 Constitution, a child born SECTION 4 of a Filipino mother, who was married to a Citizens of the Philippines who marry foreigner, is born an alien and remains an aliens shall retain their citizenship, unless alien during his minority until he elects by their act or omission they are deemed, Philippine citizenship. under the law, to have renounced it. (4) Those who are naturalized in accordance SECTION 5 with law. Dual allegiance of citizens is inimical to Those who are not Filipino citizens at birth the national interest and shall be dealt may become citizens by with by law. NATURALIZATION which is a voluntary NOTE: What Section 5 prohibits is not dual method of acquiring citizenship by citizenship but dual allegiance. Dual citizenship renouncing his former citizenship and arises because our laws cannot control laws of embracing a new one. other countries on citizenship. SECTION 2 REPUBLIC ACT NO. 9225 Citizenship ➔ Natural-born citizens are those who are Retention and Re-acquisition Act of 2003 citizens of the Philippines from birth ➔ Natural-born citizens of the Philippines without having to perform any act to who have lost their Philippine citizenship acquire or perfect their Philippine by reason of their naturalization as citizens citizenship. Those who elect Philippine of a foreign country are hereby deemed to citizenship, in accordance with par. 3, have re-acquire Philippine citizenship sect. 1 hereof, shall be deemed upon taking the oath of allegiance to the natural-born citizens. Republic. SECTION 3 1987 PHILIPPINE CONSTITUTION ➔ Philippine citizenship may be lost or ARTICLE V SUFFRAGE reacquired in the manner provided by law. SECTION 1 WAYS OF LOSING CITIZENSHIP Suffrage may be exercised by all citizens VOLUNTARILY of the Philippines not otherwise a.) by naturalization in a foreign country disqualified by law, who are at least eighteen years of age, and who shall have b.) by express renunciation of citizenship resided in the Philippines for at least one year and in the place wherein they c.) by supporting the constitution and laws of a 24  lOMoARcPSD|50270781 REPUBLIC ACT NO. 9189 The Overseas of the people, Human Rights groups and Absentee Voting Act of 2003 organizations, voluntary social service ➔ All citizens of the Philippines abroad, who organizations, and in fact, all NGOs are not otherwise disqualified by law, at working in society. least eighteen (18) years of age on the is comprised of groups or organizations day of elections, may vote for president, working in the interest of the citizens but vice-president, senators and partylist operating outside of the governmental and representatives. for-profit sectors. Organizations and WEEK 17: CIVIL SOCIETY AND SOCIAL institutions that make up civil society MOVEMENTS include labor unions, non-profit LESSON 1: POLITICAL PARTICIPATION organizations, churches, and other service OUTSIDE FORMAL INSTITUTIONS agencies that provide an important service WHAT DEFINES A CIVIL SOCIETY? to society but generally ask for very little in ➔ Think about the country that you live in - return. what does it take to make that country Civil society is sometimes referred to as operate smoothly? the civil sector, a term that is used to ➔ The government takes care of law and differentiate it from other sectors that order and businesses offer goods and comprise a functioning society. services in exchange for money, which For example, the United States is made both help to keep a society moving. up of three sectors: the public sector, ➔ But what about other groups, like which is the government and its branches; churches or the PTA, how do they the private sector, which includes contribute to your society? businesses and corporations; and the civil ➔ These other group actually play a very big sector, which includes the organizations part in how your country operates, and that act in the public's interest but are not they fall into a category known as civil motivated by profit or government. society. Features of Civil Society WHAT IS CIVIL SOCIETY? 1. Civil Society consists of ➔ Civil Society used to be defined as a non-governmental, voluntarily organized political community i.e. a society governed associations, organizations and by the government, law and authority. institutions of the people. ➔ In contemporary times, however, Civil 2. Civil Society is different from both the Society is distinguished from the state and State and Society. political community. 3. Civil Society is, however, neither opposed ➔ It means nongovernmental, private, to state nor to society. On the contrary it voluntarily organized associations or works as a supplementary to each of the institutions of the people, through which two. It, however, works in an organized they try to secure their needs, desires and and autonomous way. objectives. 4. A healthy and efficient democratic system The term Civil Society needs and integrates civil society, society is used t collectively refer to the voluntary and state. organizations corporate bodies, socially 5. Civil Society is constituted by the active groups, and firms working in each well-organized and active presence of a society. number of social, economic and cultural associations and groups of the people. Civil Society 6. Both Liberalism and Marxism accept and is the set of intermediate associations advocate the role of Civil Society but each which is neither the state nor the family, conceptualizes it in a different way. but which plays an active and positive role in social, economic, and cultural activities. includes all private organizations of the people. Press, professional associations 26  lOMoARcPSD|50270781 Role of Civil Society exerted by people individually and 1. Civil Society as an instrument collectively. for securing rights and interests of the people Such efforts have been called social Civil Society works for discharging several movements. economic, social, cultural, moral and other A social movement may, therefore, be responsibilities which fall in the domain of defined as “a collectively acting with some private activities. continuity to promote or resist a change in It is not a part of government and yet it the society or group of which it is a part”. serves the purpose of securing the rights, Anderson and Parker general welfare and development of all the people of the state. ➔ Social movement is “a form of dynamic pluralistic behavior which progressively 2.Growing Strength and Role of Civil Society develops structure through time and aims in our Country at partial or complete modification of the In our country the Civil Society has been social order.” becoming more and more aware, alert and active. Lundberg and others The continuous presence and successful ➔ Social movement is “a voluntary working of Filipino liberal democratic association of people engaged in political system, the spread of literacy, the concerted efforts to change attitudes, freedom of mass media, the existence of a behavior and social relationships in a very broad based decentralized local larger society.” self-government system, the presence of a Meaning of Social Movements direct, homogeneous and democratic Thus, social movement is the effort by an process of Political Socialization and association to bring about a change in the people's full commitment to liberal society. democracy have been together helping A social movement may also be directed the Civil Society to become increasingly to resist a change. active and strong. Some movements are directed to modify SOCIAL MOVEMENT certain aspects of the existing social order whereas others may aim to change it completely. The former are called reform movements and the latter are known as revolutionary movements TYPES OF SOCIAL MOVEMENTS Social movements may be of numerous kinds, such as: Concept of Social Movements ○ religious movements Social movements ○ reform movements, or ➔ are a type of group action. They are large, ○ revolutionary movements sometimes informal, groupings of individuals or organizations which focus FEATURES OF THE SOCIAL MOVEMENT on specific political or social issues. In A. It is an effort by a group other words, they carry out, resist, or undo B. Its aim is to bring or resist a change in a social change. society C. It may be organized or unorganized Social Movements: Meaning, Causes, Types, D. It may be peaceful or violent Evolution and Role E. Its life is not certain. It may continue for a long period or it may die out soon. Meaning of Social Movements In the society a large number of changes have been brought about by efforts 27  lOMoARcPSD|50270781 Cause/s of Social Movements ➔ Social movements do not just happen. It is social unrest which gives rise to a social movement. Factors Causing Social Unrest among Societies 1. Cultural Drifts 2. Social Disorganization 3. Social Injustice The Sequence Pattern of Social Movements First, there is unrest and discontent in some part of the population. A small group of individuals becomes conscious of the need for a change, voices its feelings and opinions, and sets out to influence the opinions and emotions of others and prepare them for a reform. Then, thereafter, there is a period of growth in following. A preliminary organization is effected and the program is restated in more popular and appealing terms. Then follows a more systematic effort to gain supporters. There is a formal campaign. Backed by the enlarged following and increased propaganda the leaders eventually exert pressure on those in authority. The program is either accepted or rejected, or partly accepted and partly rejected. If accepted, necessary institutional changes are made; if rejected the movement either collapses or reorganizes for a new trial of strength at a later date. Thus most completed movements pass through four stages of unrest, excitement, formalization and institutionalization. 28