HUMSS 12 Philippine Politics and Governance PDF
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This document is an overview of Philippine politics and governance. It discusses concepts such as politics, government and indicators of good governance. Also includes sections on major political ideologies like liberalism and socialism.
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PHILIPPINE POLITICS AND GOVERNANCE POLITICS - Politics is the activity through which people make, preserve and amend the general rules under which they live. (Heywood, 2007) - Activity or process through which groups reach and enforce binding decision...
PHILIPPINE POLITICS AND GOVERNANCE POLITICS - Politics is the activity through which people make, preserve and amend the general rules under which they live. (Heywood, 2007) - Activity or process through which groups reach and enforce binding decisions. (Hague & Harrop 2013) - Activity by which different interests are conciliated by giving them a share in power in proportion to their importance to the welfare and the survival of the whole community. (Crick 2005) - set of activities that organizes individuals, systematically resolves disputes, and maintains order in society through creation and enforcement of rules and government policy. (Barrington et al. 2010) - activity through which human beings attempt to improve their lives and create the Good Society.(Aristotle in Heywood 2007) GOVERNMENT - According to Mendoza(1999), government is the term generally used in referring the formal institutions through which a group of people is ruled or governed and the term extends to include the people and organizations that make, enforce, and apply political decisions for a society. - Government as explained by De Leon (1991) is created for the benefit of the people governed and it accomplishes services or functions that are beyond the capabilities of any individual or enterprise. He enumerated the important purposes of government which are: (1) the maintenance of peace and order; (2) the protection of persons and property; (3) the administration of justice; (4) the promotion of education; (5) the preservation of the state from external danger and; (6) the advancement of the physical, economic and social and cultural well-being of the people. GOVERNANCE - Governance according to Tamayo (2014) is commonly defined as the exercise of power or authority by political leaders for attainment of the well-being of their country‘s citizens or inhabitants. Anne Mette Kjaer(2004) as cited by Tamayo (2014) clarifies the following features about governance: Governance is broader than government because other sectors are included in it: the government (also called the public sector) is always the main actor in governance but it is not the only actor. Governance is based on the reality that the government cannot do everything for the people on its own. The main role of the government is to set an enabling environment for other actors of governance to participate and respond to the pursuit of the common good. All actors other than the government are called the ―civil society.‖ The civil society includes non-governmental organizations, and other community-based and sectoral organizations that are private in nature but have public functions or objectives. INDICATORS OF GOOD GOVERNANCE 1. PARTICIPATORY - Good governance necessarily requires participation of the different sectors of society. 2. RULE OF LAW - Rule of law requires that the people give habitual obedience to the law. 3. EFFECTIVENESS AND EFFICIENCY – Good governance requires that the institutions, processes, and actors deliver and meet the needs of society in a way that available resources are used well. TRANSPARENCY – Transparency means that people can access information regarding decision- making process and the implementation of decisions 4. RESPONSIVENESS - Responsiveness means that institutions and processes should serve all the stakeholders in timely and appropriate way. 5. EQUITY AND INCLUSIVENESS - Equity and inclusiveness mean that all members of society, especially the most vulnerable ones must be taken into consideration. 6. CONSENSUS ORIENTED - Governance is consensus oriented when decisions are made after taking into consideration the different perspectives. 7. ACCOUNTABILITY - Accountability refers to answer ability or responsibility for one‘s action, based on the principle that each person or group is responsible for their actions most especially when their acts affect public interest. IDEOLOGY - Ideology according to Heywood (2007) refers to a system of beliefs about how society should function, behave, and operate. FUNCTIONS OF POLITICAL IDEOLOGY It offers an account of the existing order by examining what works and what does not work, as well as other various issues and problems that the state and the broader society are confronted with. It provides a model of a desired social order, a vision of the Good Society. It outlines how political change or the desired social order can be achieved. MAJOR POLITICAL IDEOLOGIES Liberalism Liberalism pertains to set of political beliefs emphasizing individual rights and liberties. Its key ideas are the following: Key Ideas of Liberalism 1. Individualism: It is the core principle of liberal ideology. Individualism is further explained as: belief in the supreme importance of the human human beings are seen with equal moral worth; they possess separate and unique identities the liberal goal is to construct a society within which individuals can flourish and develop 2. Freedom: Individual freedom or liberty is the core value of liberalism. Under freedom are the following features: desire to ensure that each person is able to act as he or she pleases or chooses advocate ‗freedom under the law‘, as they recognize that one person‘s liberty may be a threat to the liberty of others 3. Reason: Liberals believe that the world has a rational structure, and that this can be uncovered through the exercise of human reason and by critical enquiry. Furthermore, the key idea of reason favors the following: faith in the ability of individuals to make wise judgments; individuals as the best judges of their own interests; belief in progress and the capacity of human beings to resolve their differences through debate and argument, rather than bloodshed and war. 4. Equality: This refers to the belief that individuals are ‗born equal‘, at least in terms of moral worth. Liberalism has strong commitment to equal rights namely: legal equality (‗equality before the law‘); political equality (‗one person, one vote; one vote, one value‘). 5. Toleration: It means willingness to allow others to think, speak and act in ways which they disapprove. This promotes debate and intellectual progress. 6. Consent: It will advocate that authority and social relationships should always be based on consent or willing agreement. Under this idea, the government must therefore be based on the „consent of the governed‟. Authority is always grounded in legitimacy. Conservatism Conservatism refers to set of political beliefs based on preservation of customs and traditions that define the character of a society. Here are the key ideas of conservatism: Key Ideas of Conservatism 1. Tradition: It is the central theme of conservative thought or ‗the desire to conserve‘. It respects established customs and institutions that have endured through time. Tradition reflects the accumulated wisdom of the past, and institutions and practices that have been ‗tested by time‘, and it should be preserved for the benefit of the living and for generations yet to come. 2. Pragmatism: It is the belief that action should be shaped by practical circumstances and practical goals, that is, by ‗what works‘. 3. Human imperfection: In this view, human beings are limited, dependent, and security-seeking creatures, drawn to the familiar and the tried and tested. Human beings are needing to live in stable and orderly communities. The maintenance of order requires a strong state, the enforcement of strict laws, and stiff penalties. 4. Authority: Conservatives hold that, to some degree, authority is always exercised ‗from above‘, providing leadership, guidance and support for those who lack the knowledge, experience or education to act wisely in their own interests. Authority and leadership are seen as resulting from experience and training. 5. Property: Conservatives see property ownership as being vital because it gives people security and a measure of independence from government, and it encourages them to respect the law and the property of others. Socialism Socialism is defined as set of political beliefs emphasizing community and social equality that adheres to the following ideas: Key Ideas of Socialism 1. Community: The core of socialism is the vision of human beings as social creatures linked by the existence of a common humanity. It highlights the importance of community, and the degree to which individual identity is fashioned by social interaction and membership of social groups and collective bodies. Socialists are inclined to emphasize nurture over nature, and to explain individual behavior mainly in terms of social factors, rather than innate qualities. 2. Fraternity: It is sharing a common humanity. Humans are bound together by a sense of comradeship or fraternity (literally meaning ‗brotherhood‘, but broadened in this context to embrace all humans). Socialism prefers cooperation over competition and favors collectivism over individualism. Cooperation enables people to harness their collective energies/strengthens the bonds of community. 3. Social equality is the central value of socialism: It emphasizes equality of outcome as opposed to equality of opportunity. The measure of social equality is looked upon as guarantee of social stability and cohesion. 4. Need is of primary importance in Socialism: It is the belief that material benefits should be distributed on the basis of need, rather than simply on the basis of merit or work: ‗From each according to his ability, to each according to his need‘. The satisfaction of basic needs (hunger, thirst, shelter, health, personal security and so on) is a prerequisite for a worthwhile human existence and participation in social life. 5. Social class: Socialism has traditionally been associated with the interests of an oppressed and exploited working class - regarded the working class as an agent of social change. The socialist goal is the eradication of economic and social inequalities, or their substantial reduction. 6. Common ownership: The socialist case for common ownership is that it is a means of harnessing material resources to the common good, with private property being seen to promote selfishness, acquisitiveness and social division. POWER - Power in its broadest sense, as stated by Heywood (2007) is the ability to achieve a desired outcome and is sometimes seen as the ‗power to‘ do something DIMENSIONS OR FACES OF POWER 1. Power as Decision-Making: Influencing decisions based on known preferences, where powerful actors get what they want. 2. Power as Agenda Setting: Controlling the political agenda to prevent certain issues or proposals from being discussed. 3. Power as Thought Control: Shaping others‘ thoughts, wants, and needs through ideology and psychological influence. TYPES OF POWER According to French and Raven (1959) as cited by Yukl (1989) CONSEQUENCES OF POWER Compliance - means readiness or act of agreeing to do something. Commitment - arises from trust and emotional dedication. It‘s associated with loyalty and is most likely when referent and expert powers are used. Resistance - means to refuse or to oppose. STATE - According to De Leon (2009), as stated by Liao (2014) a state is a community of nations more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience and enjoying freedom from external control. ELEMENTS OF A STATE 1. People is the organization of human beings living together as a community. 2. Territory refers to the territorial domains over which the state exercises control or sovereignty which includes all the land, sea and airspace the state exercises jurisdiction on. 3. Government is an agency to which the political ideology of the state is expressed and carried out. 4. Sovereignty it is the power of the state to enforce the law over its people within its jurisdiction and demand obedience from them. TWO TYPES OF SOVEREIGNTY 1. Internal Sovereignty - the power of the state to command authority within its jurisdiction. 2. External Sovereignty - the power and freedom of the state to carry out its activities without foreign domination or control. NATION - is a group of people bound together by certain characteristics and shares the same history, ancestry, culture, and language. (Liao, 2014) - Anderson (2006) asserted, as mentioned by Liao (2014) that nations were ―imagined communities‖ - it is imagined because even though people do not know each other or do not meet all the members, they share the same common history, culture, language and tradition that are practiced by every member; they have the same feelings of belongingness and talk the same events that were part of their history even though they were miles away from one another. GLOBALIZATION - is a process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology FORMS OF GLOBALIZATION 1. Economic Globalization - refers to the interconnectedness of economies through trade and the exchange of resources and further explains that effectively, no national economy really operates in isolation, which means national economies influence each other. 2. Cultural Globalization - is the process whereby information, commodities and images that have been produced in one part of the world enter into a global flow that tends to ‗flatten out‘ cultural differences between nations, regions and individuals 3. Political Globalization - refers to the amount of political co-operation that exists between different countries. Pre-Spanish Government As stated by Buenaflor (2016), the Philippines was occupied by people from nearby islands and form themselves into barangay. He mentions that the barangay was the local government unit headed by a Rajah or Datu. Maginoos who act as the Council of Elders assisted the Datu in implementing rules pass judgment and penalties to maintain peace and order. The Spanish Government According to Agoncillo (2012), Spain established a centralized colonial government in the Philippines that was composed of a national government and the local governments that administered provinces, cities, towns and municipalities. He further mentions that the governor general, as the King's representative and the highest-ranking official in the Philippines exercised certain legislative powers: he issued proclamations to facilitate the implementation of laws. On the setting of local government, Agoncillo (2012) states that the Spaniards created local government units to facilitate the country‘s administration. The two types of local government units were the alcadia and the corregimiento. The alcadia, led by the alcalde mayor, governed the provinces that had been fully controlled by the Spaniards. According to Garcia (2015), the corregimiento, headed by the corregidor, governed the provinces that were not yet entirely under Spanish control). The alcalde mayores represented the Spanish king and the governor general in their respective provinces. Each province was divided into several towns or pueblos headed by Gobernadorcillos, whose main concerns were efficient governance and tax collection. (Agoncillo 2012) The Katipunan Government Agoncillo (2012) narrates that the Katipunan was a secret society that led the revolution on August 26, 1896. It was organized by Andres Bonifacio with a structure that has a central government vested in a Supreme Council. Referring to the other aspects of Katipunan structure, Garcia (2015) mentions that in each province there was Provincial Council; in each town a Popular Council; and the Judicial Power was exercised by a Judicial Council. The Katipunan was replaced by another government whose officials headed by Gen. Emilio Aguinaldo as President were elected in Tejeros Convention on March 22, 1897. (Agoncillo 2012) Biak-na-Bato Republic On November 1, 1897, a republic was established by Gen. Emilio Aguinaldo in Biak-na-Bato (now San Miguel de Mayumo, Bulacan) through the Biak-na-Bato Constitution. (Garcia 2015) Biak-na-Bato Republic declared that the aim of the revolution was the ―separation of the Philippines from the Spanish monarchy and their formation into an independent state‖. The Biak-na-Bato Republic lasted up to December 15, 1897 with conclusion of the ―Pact of Biak-na-Bato‖-a peace agreement between the Spanish Government and the revolutionary forces. (Agoncillo 2012) Emilio Aguinaldo’s Dictatorial Government The ―Pact of Biak-na-Bato‖ failed and Gen. Emilio Aguinaldo returned to the Philippines and resumed the fighting against the Spaniards. With military victories under his leadership, according to Agoncillo (2012), Aguinaldo decided that it was time to establish a Filipino government. He formed the Dictatorial Government on May 24, 1898. The most important achievements of Dictatorial Government were the Proclamation of the Philippine Independence in Kawit, Cavite on June 12, 1898 and the reorganizations of local governments. (Agoncillo 2012) First Philippine Republic A Congress was convened in January 1899 in Barasoain Church and through the Malolos Constitution, inaugurated the First Philippine Republic- the first Asian democracy to be established during the Philippine Revolution that ended the more than 300 years of Spanish colonial rule in the Islands. (Agoncillo 2012) The American Colonial Period Three kinds of government were created during the American Occupational Period: (1) military government; (2) civil government; and (3) commonwealth government. (Buenaflor 2016). Agoncillo (2012), Garcia (2015) and Buenaflor (2016) further explains the following: American Military Government According to Buenaflor (2016), the American military rule in the Philippines began on April 4, 1898. Garcia (2015) explains that under this setting, the President of the United States had the power to establish a military government in the Philippines, as Commanderin-Chief of all Armed Forces of the United States. His authority was delegated to the military governor who exercised all powers of the government as long as the war lasted (Garcia 2015). First was Wesley Merritt, the second was General Elwell Otis and the third and last was Major General Arthur MacArthur (Buenaflor 2016). Civil Government Pursuant to the so-called Spooner Amendment (on the Army appropriation act passed in the US Congress on March 3, 1901) which ended the military regime in the Philippines, the Civil Government was inaugurated in Manila on July 4, 1901 (Garcia 2015). The position of the Civil Governor was created on October 29, 1901 and exercised Legislative powers. He remained as President of Philippine Commission, the sole law-making body of the government from 1901 to 1907(Agoncillo 2012). From 1907 to 1916, the Philippine Commission acted as the upper house of the Legislative branch with the Philippine Assembly serving as the lower house. After the passage of the Spooner Law in 1916, these two bodies gave way to the Philippine Legislature. The Philippines was represented in the United States by two Resident Commissioners who were elected the Philippine Legislature (Garcia 2015). The Commonwealth Government The next chapter on the political development of the country was the establishment of the Commonwealth government of the Philippines. Agoncillo (2012), Garcia (2015) and Buenaflor (2016) explains that in pursuant to an act of United States Congress on March 24, 1934, commonly known was the Tydings Mc Duffie Law, the law provided for a transition period of ten years during which the Philippine Commonwealth would operate and at the expiration of the said period on July 4, 1946, the independence of the Philippines would be proclaimed and established. The Commonwealth Government of the Philippines was inaugurated on November 15, 1935, following the first national election held on September 12, 1935 under the 1935 Constitution. Manuel L. Quezon and Sergio Osmeńa, won as President and Vice President respectively. (Agoncillo 2012) The Japanese Military Administration It was established in Manila on January 3, 1942, one day after its occupation by the Japanese forces. Under a proclamation issued by the Japanese High Command, the sovereignty of the United States over the Philippines was declared terminated. (Buenaflor 2016) According to Buenaflor (2016), civil government known as the Philippine Executive Commission composed of Filipinos was organized by the Japanese with Jorge B. Vargas as chairman of the said commission. The Commission exercised both the executive and legislative powers. Buenaflor 2016) clarifies that the laws enacted were, however, subject to the approval of the Commander-in-Chief of the Japanese Forces. The Judiciary continued in the same form as it was under the Commonwealth although it functioned without the independence which it had traditionally enjoyed (Buenaflor 2016). In this government, Jose P. Laurel became the President of the second Philippine Republic on October 14, 1943 (Agoncillo 2012). THE THIRD TO FIFTH REPUBLIC OF THE PHILIPPINES The Third Republic As posted on the Official Gazette webpage of the Philippine Government as of July 20, 2020 the following are the Presidents of the Philippines with discussion about their administrations from the Third Republic to Fourth Republic: The Roxas Administration (May 28, 1946 – April 15, 1948) President Manuel Roxas, became the first president of the independent Republic of the Philippines. In an effort to solve the massive socio-economic problems of the period, President Roxas reorganized the government, and proposed a wide-sweeping legislative program. His administration was marred by graft and corruption; moreover, the abuses of the provincial military police contributed to the rise of the left-wing Hukbalahap (Huk) movement in the countryside. His heavy-handed attempts to crush the Huks led to widespread peasant disaffection. The Quirino Administration (April 17, 1948 – December 30, 1953) President Elpidio Quirino‘s goal as chief executive, as stated in his first State of the Nation Address, revolved around strengthening the people‘s confidence in the government and the restoration of peace. In order to achieve these, the Chief Executive travelled around the country to inspect first-hand the condition of the nation. President Quirino‘s six years‘ administration were marked by notable post-war reconstruction, general economic gains, and increased economic aid from the United States. Basic social problems, however, particularly in the rural areas, remained unsolved; Quirino‘s administration was tainted by widespread graft and corruption. The Magsaysay Administration (December 30, 1953 – March 17, 1957) To help the rural masses was the focal point of the populist administration of President Ramon Magsaysay. In his first Executive Order, he established the Presidential Complaint and Action Commission, which investigated various citizen complaints and recommended remedial actions through different government agencies. The Commission served to boost the nation‘s confidence with its government; it was seen as a fulfilment of President Magsaysay‘s promise, to become a President for the people. The principles of the Magsaysay administration were codified in the Magsaysay Credo, and became the theme of leadership and public service. The Garcia Administration (March 18, 1957 – December 30, 1961) Carlos P. Garcia‘s administration promoted the ―Filipino First‖ policy, whose focal point was to regain economic independence; a national effort by Filipinos to ―obtain major and dominant participation in their economy.‖] The administration campaigned for the citizens‘ support in patronizing Filipino products and services, and implemented import and currency controls favourable for Filipino industries. In connection with the government‘s goal of self-sufficiency was the ―Austerity Program,‖ which President Garcia described in his first State of the Nation Address as ―more work, more thrift, more productive investment, and more efficiency‖ that aimed to mobilize national savings. The Anti-Graft and Corrupt Practices Act, through Republic Act No. 301, aimed to prevent corruption, and promote honesty and public trust. The Macapagal Administration (December 30, 1961- December 30, 1965) President Diosdado Macapagal, during his inaugural address on December 30, 1961, emphasized the responsibilities and goals to be attained in the ―new era‖ that was the Macapagal administration. He reiterated his resolve to eradicate corruption, and assured the public that honesty would prevail in his presidency. President Macapagal, too, aimed at self-sufficiency and the promotion of every citizen‘s welfare, through the partnership of the government and private sector, and to alleviate poverty by providing solutions for unemployment. In the field of foreign relations, the Philippines became a founding member of Maphilindo, through the Manila Accord of 1963. The regional organization of Malay states strove for ―Asian solutions by Asian nations for Asian problems,‖ and aimed to solve national and regional problems through regional diplomacy The Marcos Administration - Fourth Republic (December 30, 1965 – February 25, 1986) The last president of the Third Republic of the Philippines was President Ferdinand E. Marcos. Prior to the events of Martial Law, the first term of the Marcos administration, as emphasized in his inaugural address on December 30, 1965, focused on ―the revival of the greatness of the nation.‖ President Marcos, was the first president to be re-elected, in 1969, although the election was tainted by violence and allegations that Marcos used the treasury to fund his campaign. However, significant protests, such as the First Quarter Storm, the communist and Moro insurgencies, and civil unrest, heightened. This made Marcos in 1972 declare martial law and suspend the constitution. A new constitution calling for a semi-presidential government was approved in 1973, but Marcos still ruled by decree until 1978, when the Interim Batasang Pambansa was elected. However, opposition groups, whose leaders mostly had already left in exile, boycotted the election, and Marcos still allowed martial law to continue. Marcos did end martial law in 1981, but opposition groups still boycotted the 1981 presidential election, which Marcos easily won. Opposition leader Benigno Aquino Jr. was slain upon his return to the country in 1983. By this time, the government was marred by alleged rampant corruption and allegations of human rights violations. The opposition participated in the 1984 parliamentary election and won several seats, but not enough to topple Marcos' KBL. To counter growing opposition, Marcos called a snap election in 1986, the opposition nominated Benigno's widow Corazon as their candidate. Marcos was declared the winner, but the opposition refused to accept the result, alleging that the election was rigged. The People Power Revolution drove Marcos from power, and Aquino became president. Aquino ruled by decree in 1987 when a new constitution restoring the presidential system was approved. In the ensuing legislative election, the pro-Aquino parties won most of the seats in Congress. Fifth Republic (1986–Present Time) As of July 20, 2020, according to the webpage of 5th Philippine Republic- Philippine History and according to Mendoza and Melegrito (2016), the following are the Philippine Presidents from 1986 to present: President Corazon Cojuangco-Aquino-the 11th president of the Philippines and the first woman to become president of the country. The political landscape of the country at that time did not look any better. To resolve this, Aquino commissioned a referendum that would be the framework for the new government. Released in February 1987, the new charter easily won the approval of the public. Cory Aquino can be praised for a notable political reform made during her tenure that aimed to decentralized political power in the government - the 1991 Local Government Code (Mendoza and Melegrito 2016) As of July 20, 2020, according to the webpage of 5 th Philippine Republic-Philippine History, Fidel V. Ramos took office in 1992 and immediately worked on the country‘s recovery and initiated the Social Reform Agenda or SRA that was oriented towards alleviating poverty. He also led the implementation of Build- Operate-Transfer (BOT) law which resulted into improved public infrastructure and deregulated several industries that liberalized the economy. Under his term, the country also had improvements in its relations to secessionist Moro Islamic Liberation Front or MNLF. He was the first Asian recipient of UNESCO Peace Award this effort. He also came to be known as the ‗Centennial‘ President for his successful supervision of the 100th anniversary of the country‘s independence from the Spanish rule celebrated in June 12, 1998. As of July 20, 2020, according to the webpage of 5th Philippine Republic-Philippine History Joseph Ejercito Estrada became the 13 th president in 1998 after Ramos finished his term. Estrada was the previous mayor in the municipality of San Juan, Metro Manila and vice president of Ramos. He gained support in the election for his promise to begin a pro-poor administration that his predecessors failed to promote in their respective platforms and won with a wide margin. This support spiralled down as his administration was accused with corruption. Critics branded him of failing to live up to his promises due to the resurfacing of cronyism in the government. According to Mendoza and Melegrito (2016), Gloria Macapagal Arroyo became the president after Estrada was ousted thru People Power 2 uprising. In the 2004 Philippine National Elections, Arroyo run and won the presidential race - she was seated into office for the second time. Because of this, Mendoza and Melegrito (2016) further explained that she became the second longest sitting president in the country. As of July 20, 2020, according to the webpage of 5th Philippine Republic- Philippine History Arroyo pushed for a ―Stronger Republic‖ geared toward vigorous economic reforms under her administration. However, her administration was bombarded with several controversies and impeachment attempts in the last five years. Discontentment lead to frequent protesters expressing their disappointment and had their rallies at the streets. As of July 20, 2020, according to the webpage of 5th Philippine Republic-Philippine History, Benigno Simeon Cojuangco Aquino III, a.k.a Noynoy and PNoy, was proclaimed as the 15th president of the republic on June 30, 2010. The same website added that Aquino's 6-year term is remembered for both positive and negative events: he has been criticized for his government's slow response to help the victims of Super Typhoon Yolanda, the Mamasapano massacre and other crisis. In spite of these negative impressions, Aquino left the presidency with a stable democracy and a higher credit rating. Fighting corruption was a major objective in his administration to realize his election campaign slogan ―Daang Matuwid‖ or ―Straight Path‖ (Mendoza and Melegrito 2016). As of July 20, 2020, according to the webpage of 5th Philippine Republic-Philippine History, Rodrigo "Digong" Roa Duterte (a.k.a. Rody) takes oath as the 16th president of the Philippines at Malacanang Palace in Manila at 12 noon, June 30, 2016. The same website mentions that Duterte is a lawyer and politician; he is the former mayor and former 1st district congressman of Davao City in Mindanao -an island in the southern Philippines where Muslim insurgents are based. He is the first president to come from Mindanao. Duterte is clamouring for a change in the constitution from a presidential to a federal form of government. Duterte won the presidential race as an outspoken, strong-willed crime fighter. He is however criticized for his alleged support of vigilante groups involved in extra-judicial killings to fight crime. The Philippine Government The government of a country exercises three major functions: making of rules, implementation of rules and adjudication or interpretation of rules in settling disagreements. According to Garcia (2015), in the Philippine context, the national government consists of three co-equal, interdependent and coordinated branches namely: The Executive for rule implementation; The Legislative for rule-making and; The Judiciary for rule-adjudication or interpretation. As of July 15, 2020, the webpage of The Official Gazette of the Philippine Government mentioned the following essential features of the different branches of the Philippine Government: The primary role of the Executive branch is to execute or implement laws. It is headed by the President who is elected by direct popular vote. The Constitution grants the President authority to appoint his Cabinet. These departments form a large portion of the country‘s bureaucracy. The Legislative branch is authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This institution is divided into the Senate and the House of Representatives. The Judicial branch holds the power to settle controversies involving rights that are legally demandable and enforceable. It is made up of a Supreme Court and lower courts. The Chief Executive of Government: The President The official title of the president is the “President of the Philippines” with honorific ―Your Excellency,‖ or ―His/Her Excellency.‖ Garcia (2015) Official residence and office of the President of the Philippines is at the Malacañang Palace located in the country‘s capital - Manila City. According to Article VII of the 1987 Philippine Constitution as cited in the webpage of The Official Gazette of the Philippine Government as of July 15, 2020, the President of the Philippines is elected by direct vote by the people for a term of six years. He may only serve for one term, and is ineligible for re- election. The term of the President of the Philippines starts at noon of the 30th day of June after the election. The regular election for President shall be held on the second Monday of May on the last year of the present president‘s term. The President is required to take the following oath before his/her assumption to office: I do solemnly swear that I will faithfully and conscientiously fulfil my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God. Powers of the President As of July 15, 2020, according to the webpage of The Official Gazette of the Philippine Government and Garcia (2015), the following are the powers of the President of the Philippines: Executive Power. The power to enforce and administer laws. Power of Appointment. The president has the power to appoint government officials in the following posts: 1. Heads of executive departments 2. Members of the Constitutional Commissions 3. Ambassadors, public ministers and consuls 4. Officers of the Armed Forces of the Philippines (AFP) from the rank of colonel or navy captain Power of Control. As head of the government, the president is the chief executive who has the responsibility to carry out government decisions. The President has control over all executive departments, bureaus, and offices. Military Power. As the Commander-in-Chief of the Armed Forces of the Philippines (AFP), one of the military powers of the President is that he can order the AFP to prevent or suppress lawless violence, invasion or rebellion exercised through the Department of National Defense. Diplomatic or Foreign Relations Power. As head of the State, the President is the chief diplomatic officer of the country. Qualifications for Election into Office As posted on the Official Gazette webpage of the Philippine Government as of July 17, 2020, the qualifications for an individual aspiring to become the President of the Philippines are outlined in Article VII, Section 2 of the 1987 Constitution. According to this reference, an individual may become President provided he meets the following criteria: 1. natural born Filipino; 2. a registered voter; 3. must be able to read and write; 4. 40 years of age at the day of the election; and 5. must have resided in the Philippines ten years before the election is held. Essential Features of the Legislative Branch of Philippine Government As of July 15, 2020, the webpage of The Official Gazette of the Philippine Government mentioned the following essential features of the Legislative Branch or Philippine Congress as indicated in Article VI of the 1987 Philippine Constitution: - Legislative power shall be vested in Philippine Congress. - It is a bicameral legislature consisting of two chambers or houses-the Upper House known as the Senate and the Lower House which is also called the House of Representatives. - By a vote of two-thirds of both Houses in joint session assembled, voting separately, Philippine Congress shall have the sole power to declare the existence of a state of war. - The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members. - The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. - The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. - Philippine Congress confirms or rejects Presidential appointments. Composition of the Philippine Senate As of July 15, 2020, according to the webpage of The Official Gazette of the Philippine Government, the following pertain to the composition of the Philippine Senate as indicated in Article VI of the 1987 Philippine Constitution: - Lawmakers in the Senate are called Senators. - The Senate shall be composed of twenty-four (24) Senators who shall be elected at large or nationwide through popular election by the qualified voters of the Philippines, as may be provided by law. - Through synchronized elections, 12 senators are elected every three (3) years. Terms of Office of Philippine Senators - The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. - No Senator shall serve for more than two consecutive terms. - The regular election of the Senators shall be held on the second Monday of May. - In case of vacancy in the Senate, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator thus elected shall serve only for the unexpired term. Qualifications of Senator 1. a natural-born citizen of the Philippines; 2. at least thirty-five years old; 3. is able to read and write 4. a registered voter; and 5. a resident of the Philippines for not less than two years before election day. Composition of the House of Representatives As of July 15, 2020, according to the webpage of The Official Gazette of the Philippine Government, the following pertain to the composition of the House of Representatives as indicated in Article VI of the 1987 Philippine Constitution: - Lawmakers composing the House of Representatives are called Representatives or Congressmen/Congress- women. - The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants. The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. Terms of Office of Members of House of Representatives - A Representative can serve for not more than three consecutive terms. - The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. - No Member of the House of Representatives shall serve for more than three consecutive terms. - The regular election of the Members of the House of Representatives shall be held on the second Monday of May. - In case of vacancy in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Member of the House of Representatives thus elected shall serve only for the unexpired term. Qualifications of Member of the House of Representatives 1. a natural-born citizen of the Philippines; 2. at least twenty-five years old; 3. is able to read and write; and 4. except the party-list representatives, a registered voter and a resident for at least one year in the district where s/he shall be elected. Legislative Process According to The Official Gazette of the Philippine Government as of July 15, 2020, the Philippine Congress is responsible for making enabling laws. This role is important to ensure that the spirit of the constitution is upheld in the country and laws are essential in regulating the interactions of people among themselves and with the government. The legislative body comes out with two main documents in order to craft laws: bills and resolutions. Resolutions convey principles and sentiments of the Senate or the House of Representatives. These resolutions can further be divided into three different elements: - Joint Resolutions — require the approval of both chambers of Congress and the signature of the President, and have the force and effect of a law if approved. - Concurrent Resolutions — used for matters affecting the operations of both chambers of Congress and must be approved in the same form by both houses, but are not transmitted to the President for his signature and therefore have no force and effect of a law. - Simple Resolutions — deal with matters entirely within the prerogative of one chamber of Congress, are not referred to the President for his signature, and therefore have no force and effect of a law. Bills are laws in the making. They pass into law when they are approved by both houses and the President of the Philippines. A bill may be vetoed by the President, but the House of Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the President does not act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt. Exclusive Role of Philippine Congress The Philippine Congress has an exclusive and a very important role concerning the accountability of public officers as indicated in Article XI of the 1987 Philippine Constitution which can be found at the webpage of The Official Gazette of the Philippine Government. Specifically, the role pertains to the process of removing the President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman in their respective positions. This process is called impeachment and shall be grounded on the culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust by the above- mentioned public officials. All cases of impeachment shall be initiated at the House of Representatives. The Senate tries and shall decide on all cases and if the President of the Philippines is facing the impeachment case, the Chief Justice of the Philippine Supreme Court will preside but shall not vote. If the case involves the Vice- President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman, the Senate President shall preside. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate. Essential Features of the Judicial Branch of Philippine Government As indicated in Article VIII of the 1987 Philippine Constitution as of July 15, 2020 at the webpage of The Official Gazette of the Philippine Government, the judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. As defined in the same article, judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. The role of judiciary is important because this branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. According to the Judiciary Organization Act of 1980, the Philippine judicial system is composed of lower courts and the highest court. I. Lower Courts Municipal Trial Courts and Municipal Circuit Trial Court Every municipality in the Philippines has a municipal trial court. It is called municipal court if it covers only one municipality; it is called municipal circuit court if it covers two or more municipalities. Metropolitan Trial Courts and Municipal Trial Courts in Cities Municipal trial courts inside the Metropolitan Area are called Metropolitan trial courts. Municipal trial courts in cities outside Metropolitan Manila are called Municipal trial courts in cities. Regional Trial Courts (RTC) Regional Trial Courts are called second level courts and are divided into thirteen (13) judicial regions (further subdivided into several branches). RTCs are called appellate courts because these courts hear appeals and review the decisions of lower courts. Shari‘a Courts Shari‘a Courts settle legal conflicts between Muslim Filipinos in the sphere of customary and personal laws. Court of Appeals Court of Appeals has jurisdiction over appeals from the decision of the Regional Trial Courts. Sandiganbayan This is a special court that has exclusive jurisdiction on committed violations of anti-graft and corruption laws by public officials and employees in relation to their position and office. II. Highest Court Supreme Court The Supreme Court is the highest court in the Philippines. It is the final court that decides in any and all judicial issues. It can review, revise, reverse, modify, or affirm, final judgments and orders of the lower court. The most common reason by which a case reaches the Supreme Court is through an appeal from a decision rendered by a lower court. Appealed cases generally originate from cases tried in the trial courts. The Supreme Court does not entertain cases originally filed before it that should have been filed first with the trial courts. Functions of the Supreme Court There are two categories in the functions of the Supreme Court: administrative and judicial. Administrative Functions - Supervision and control over the judicial branch of the government and its employees. - Declare rules for the admission into the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts throughout the country. Judicial Functions - Settlement of actual controversies involving rights which are legally demandable and enforceable. - Judicial Review or the power of the Supreme Court to inquire into the constitutionality of the acts of both the executive and legislative branches of government. Composition of Supreme Court As indicated in Article VIII of the 1987 Philippine Constitution, the Supreme Court is composed of one (1) Chief Justice and fourteen (14) Associate Justices. The Philippine President appoints members of the judiciary from a list submitted by the Judicial and Bar Council which is under the supervision of the Supreme Court. Qualifications The following are the requirements to be appointed to the Supreme Court: - Natural-born citizen of the Philippines - At least 50 years old at the time of appointment - Must have been a judge of a lower court or engaged in the practice of law in the country for 15 years or more - Must be a person of proven competence, integrity, probity and independence. Tenure of Service The term of office of Supreme Court members is not fixed. Their tenure during good behavior is until they reach seventy years old or become incapacitated to perform their duties. They can be removed from their position only through impeachment. III. Katarungang Pambarangay As of July 15, 2020, The Official Gazette of the Philippine Government mentioned under the topic of Philippine Judiciary the existence of Katarungang Pambarangay. Through Katarungang Pambarangay Law (Presidential Decree No. 1508), a system of amicably settling disputes at the barangay level was established. It aims to promote the speedy administration of justice by easing the congestion of court dockets. The court does not take cognizance of cases filed if they are not filed first with the Katarungang Pambarangay. Roles and Functions of the Philippine Local Government Units There are four units of local government in the Philippines as stated in Article X, section 1 of the 1987 Constitution: the barangay, city, municipality and province. a. Barangay. The barangay is the basic unit of government. It is made up of at least two thousand (2000) inhabitants certified by Philippine Statistics Auhority. Officials of the Barangay Government. There shall be in each barangay, a Punong Barangay, Seven (7) Sangguniang Barangay members, the Sangguniang Kabataang Chairman, a Barangay Secretary and a Barangay Treasurer. There shall also be in every Barangay a Lupong Tagapamayapa. (The Local Government Code of the Philippines Section 387). Role of the Barangay. As the basic political unit, the barangay serves as the primary planning and implementing unit of government policies, plans, programs, projects and activities in the community and as a forum wherein the collective views of the people may be expressed, crystallized and considered and when disputes may be amicably settled (The Local Government Code of the Philippines section 384). Basic Functions of Barangay 1. Ensure the delivery of basic services. 2. Enforce laws and regulation relating to the protection of the environment. 3. Adopt measures to prevent and eradicate drug abuse, child abuse and juvenile delinquency. 4. Serves a forum where people‘s interests and opinions on local and national issues are articulated. 5. Serves as a place for settling neighborhood disputes or conflicts. b. Municipality. A municipality may be created if it has an average annual income, as certified by the provincial treasurer, of at least two million five hundred thousand pesos (P2,500,000.00) for the last two (2) consecutive years based on the 1991 constant prices; a population of at least twenty-five thousand (25,000) inhabitants as certified by the National Statistics Office; and a contiguous territory of at least fifty (50) square kilometers as certified by the Lands Management Bureau: (The Local Government Code of the Philippines Section 441). Officials of the Municipal Government. There shall be in each municipality a municipal mayor, a municipal vice-mayor, Sangguniang Bayan members, a secretary to the Sangguniang Bayan, a municipal treasurer, a municipal assessor, a municipal accountant, a municipal budget officer, a municipal planning and development coordinator, a municipal engineer/building official, a municipal health officer and a municipal civil registrar. In addition, thereto, the mayor may appoint a municipal administrator, a municipal legal officer, a municipal agriculturist, a municipal environment and natural resources officer, a municipal social welfare and development officer, a municipal architect, and a municipal information officer (The Local Government Code of the Philippines section 443). Roles of Municipality. The municipality, consisting of a group of Barangays, serves primarily as a general purpose government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction. (The Local Government Code of the Philippines section 440). c. City. A municipality or a cluster of Barangays may be converted into a component city if it has an average annual income, as certified by the Department of Finance, of at least Twenty million pesos (Php20,000,000.00) for the last two (2) consecutive years based on 1991 constant prices, and if it has either of the following requisites: (i) a contiguous territory of at least one hundred (100) square kilometers, as certified by the Lands Management Bureau; or, (ii) a population of not less than one hundred fifty thousand(150,000 (The Local Government Code of the Philippines section 450). Officials of the City Government. There shall be in each city a mayor, a vice- mayor, Sangguniang Panlungsod members, a secretary to the Sangguniang Panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, and a city general services officer. In addition, thereto, the city mayor may appoint a city architect, a city information officer, a city agriculturist, a city population officer, a city environment and natural resources officer, and a city cooperatives officer. (The Local Government Code of the Philippines section 454). Role of the City. The city, consisting of more urbanized and developed Barangays, serves as a general-purpose government for the coordination and delivery of basic, regular, and direct services and effective governance of the inhabitants within its territorial jurisdiction. (The Local Government Code of the Philippines section 448). Basic Functions of Cities and Municipalities 1. Ensure the delivery of basic services. 2. Enact policies and laws, enforce them, and govern their jurisdiction. 3. Exercise regulatory powers within their jurisdictional areas to ensure that private enterprise does not impede the good and welfare of the public. 4. Issue permits and licenses and to revoke or taking back the same if necessary for local business, land use and construction, both for industrial and private purposes. d. Province. A province may be created if it has an average annual income, as certified by the Department of Finance, of not less than Twenty million pesos(Php20,000,000.00) based on 1991 constant prices and either of the following requisites: (i) a contiguous territory of at least two thousand (2,000) square kilometers, as certified by the Lands Management Bureau; or, (ii) a population of not less than two hundred fifty thousand(250,000) inhabitants as certified by the National Statistics Office (The Local Government Code of the Philippines section 461). Officials of the Provincial Government. There shall be in each province a governor, a vice-governor, members of the Sangguniang Panlalawigan, a Secretary to the Sangguniang Panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a provincial budget officer, a provincial planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and development officer, a provincial general services officer, a provincial agriculturist, and a provincial veterinarian. In addition, thereto, the governor may appoint a provincial population officer, a provincial natural resources and environment officer, a provincial cooperative officer, a provincial architect, and a provincial information officer. (The Local Government Code of the Philippines section 463). Role of the Province. The province, composed of a cluster of municipalities, or municipalities and component cities, and as a political and corporate unit of government, serves as a dynamic mechanism for developmental processes and effective governance of local government units within its territorial jurisdiction (The Local Government Code of the Philippines section 459). Basic Functions of Province 1. Supervision - Every provincial government is tasked with supervising the municipal governments in the planning, budgeting, and service delivery process. 2. Developmental - This function has to do with facilitating economic development of municipalities within the jurisdiction of a provincial government by paving the way for transfer of technology and the granting of agricultural assistance to farmers. 3. Environmental - This is associated with the enforcement of laws and ordinances relating to the preservation of the environment. 4. Health - Provincial governments provide tertiary health services in addition to what are provided by each municipality. SUFFRAGE - is the right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people. Nature of Suffrage 1. A mere privilege – Suffrage is not a natural right of the citizens but merely a privilege to be given or withheld by the law-making power subject to constitutional limitations. 2. A political right – Suffrage enables every citizen to participate in the process of government to assure that it can truly be said to derive its powers from the consent of the governed. The principle is that of one man, one vote. Scope of Suffrage Election – It is the means by which the people choose their officials for definite and fixed periods and to whom they entrust, for the time being as their representatives, the exercise of powers of government. Plebiscite – It is the name given to a vote of the people expressing their choice for or against a proposed law or enactment submitted to them. Referendum – It is the submission of a law or part there of passed by the national or local legislative body to the voting citizens of a country for their ratification or rejection. Initiative – It is the process whereby the people directly propose and enact laws. Recall – It is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the qualified voters. QUALIFICATIONS OF VOTERS 1. A citizen (male or female) of the Philippines; 2. Not otherwise disqualified by law; 3. At least eighteen (18) years of age; and 4. Have resided in the Philippines for at least one (1) year and in the place wherein he proposes to vote for at least six (6) months preceding the election. It is also stated in the 1987 Constitution of the Republic of the Philippines – Article IX –C the establishments of Commission on Elections (COMELEC. In Section 2 discusses the powers and functions of COMELEC: (1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. (2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. POLITICAL PARTY - As stated by Marume et al (2016), a political party is defined as an organized and presumably durable association, either of individuals or of distinguishable groups of individuals, which endeavours to place its members in governmental offices for the purpose of bringing about the adoption of favoured political policies or programmes. TYPES OF ELECTORAL SYSTEM One-party system - An open system of the one-party variety exists in those jurisdictions in which a particular party is so much stronger than any of its nominal competitors that it almost invariably is successful in winning control of the government. Bi or two-party system - The earmark of a two-party system is their existence of two major parties which are so strongly supported that one or the other ordinarily emerges as the victor in elections and consequently gains mastery of the government. Multiparty system - Multiple-party systems are featured by the presence of a fairly large number of parties with compete with one another on relatively equal terms. CIVIL SOCIETY - is comprised of groups or organizations working in the interest of the citizens but operating outside of the governmental and for-profit sectors. - They are known to champion issues of the marginalized members of the society, such as issues on poverty, environmental protection, human rights, labor rights. NON-GOVERNMENTAL ORGANIZATION - is a non-profit group that works toward social or humanitarian goals worldwide. CIVIC GROUPS - these are groups that are made up of people from the community who volunteer their time in order to raise money for community projects or needs. SOCIAL MOVEMENT - As stated by Colas (2002), social movements are defined as a sustained and purposeful collective mobilized by an identifiable, self-organized group in confrontation with specific power structures and in the pursuit of socioeconomic and political change. - According to Blumer, social movements are collective enterprises to establish a new order of life. Social movements are a collectivity which acts with some continuity to promote or resist a change in the society or group of which it is a part. - According to Phatharathananunt (2012) Social movements were decisive forces in democratic breakthrough in the Philippines. Under the dictatorial regime of Marcos, the following decades witnessed widespread human rights violations. Students, academics, journalists, businessmen, laborers and peasants were arrested, tortured and killed.