Politics, Governance and Citizenship Lecture Notes

Flashcards on Governance and the Philippine Government

Governance

The exercise of political, economic, and administrative authority in the management of a country’s affairs at all levels.

Governance (Asian Development Bank Definition)

The management of the development process involving both the public and private sectors.

Accountability (as element of governance)

Answerable for government behavior, and responsive to the entity from which their authority is derived.

Participation (as element of governance)

Involvement of citizens in the development process.

Predictability (as element of governance)

A country's legal environment must be conducive to development.

Transparency (as element of governance)

Availability of information to the general public and clarity about government rules, regulations, and decisions.

The Republic of the Philippines

A democratic and republican state where all government authority emanates from the people.

Separation of Powers

Each department of the government has exclusive cognizance of the matters within its jurisdiction, and is supreme within its own sphere.

Checks and Balances

One department is given certain powers by which it may definitely restrain the others from exceeding constitutional authority.

Legislative Branch

Makes the law (legislation)

Executive Branch

Implements the law (administration)

Judiciary Branch

Interprets the law (arbitration)

Devolution

Political powers are transferred by the national government to the local government units.

Deconcentration

Administrative powers are transferred by the national government to its departments, bureaus, offices, and even to some government owned and controlled corporations.

Debureaucratization

Powers are shared to POs, NGOs, and to the civil society which allow them to participate in governance.

Legislature

A kind of deliberative assembly with the power to pass, amend, and repeal laws.

Legislation or Statutory Law

The law created by a legislature.

Unicameral Legislature

A legislature with only one house.

Bicameral Legislature

A legislature possesses two separate chambers, usually described as an upper house and a lower house.

Composition of the Senate

24 members elected at large

Qualifications of a Senator

Natural-born citizen of the Philippines, at least 35 years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election

Term of Office for a Senator

Six years

Composition of the House of Representatives

Not more than 250 members.

Qualifications of a Member of the House of Representatives

Natural-born Filipino citizen, at least 25 years of age, able to read and write, and a registered voter in the district in which he shall be elected, and a resident thereof for not less than one year immediately preceding the day of election.

Term of Office for a Member of the House of Representatives

Three years

Legislative Power

The power conferred by the Constitution to propose, enact, amend and repeal laws.

Limitations on the Legislative Branch

All appropriations, revenue or tariff bills, bills authorizing increase in public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments

Power of Appropriation

Congress has the spending power or the “power of the purse”.

Taxation

The act of levying the tax, i.e., the process or means by which the sovereign, through its law-making body, raises income to defray the necessary expenses of the government.

Power of Legislative Investigation

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.

War Powers

The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.

Concurrence Power

The President may grant amnesty with the concurrence of a majority of all the Members of the Congress.

Executive Branch

The part of government that has sole authority and responsibility for the daily administration of the state.

Qualifications for President

Natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.

Term of Office for President and Vice-President

Six years

Immunity from Suit (President)

An incumbent president is immune from suit or from being brought to court during the period of their incumbency and tenure.

Executive Privilege

The power of the President to withhold certain types of information from the courts, the Congress and ultimately the public.

Executive Power

To enforce and administer the laws.

Power of Appointment

The power to select, by the authority vested with the power, an individual who is to exercise the powers of a given office.

Power of Control

The President shall have control of all the executive departments, bureaus, and offices.

Alter Ego Principle

All executive and administrative organizations are adjuncts of the Executive Department, the heads of the various executive departments are assistants and agents of the Chief Executive

Power of Supervision

The President of the Philippines shall exercise general supervision over local governments.

Commander-in-Chief

The President shall be the Commander-in-Chief of all armed forces of the Philippines.

Calling-Out Power

Whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.

Suspension of the Privilege of the Writ of Habeas Corpus

In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus

Martial Law

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

Power of Executive Clemency

The President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment

Pardon

An act of grace which exempts the individual on whom it is bestowed from the punishment that the law inflicts for the crime he has committed.

Commutation

The reduction or the mitigation of the penalty.

Reprieve

The postponement of a sentence or stay of execution.

Parole

The release from imprisonment, but without full restoration of liberty, as parole is still in the custody of the law although not in confinement.

Amnesty

An act of grace, concurred in by legislature, usually extended to groups of persons who committed political offenses, which puts into oblivion the offense itself.

Power of Recognition

The Philippines may or may not extend recognition to a newly established state or government. This right of recognition is inherent to a state.

Power to Deport Alien

The power to deport alien is an inherent right of the State and is lodged to the president of the Republic of the Philippines.

Power to Borrow or Guarantee Foreign Loan

The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law.

Power to Enter Treaty or International Agreement

The power to enter into a treaty or international agreement is an attribute of States.

Budgetary Power

The President shall submit to the Congress, within thirty days from the opening of every regular session as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

Informing Power

The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time

Judicial Branch

The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law

Judicial Power

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable.

Judicial Review

Power 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

Actual Case/Controversy

For a court to exercise its power of adjudication, there must be an actual case of controversy.

Proper Party

The case must be raised by a proper party with personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged.

Earliest Possible Opportunity

The case must be raised at the earliest possible opportunity.

Constitutional or Legal Question

The constitutional or legal question must be necessary to the determination of the case itself.

Composition of the Supreme Court

The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices.

En Banc Cases

All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc

Original Jurisdiction

Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

Appellate Jurisdiction

Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts

Certiorari

Involves the review of the judgment, award or final order on the merits.

Prohibition

The act of forbidding or outlawing something

Mandamus

An order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

Quo Warranto

A special form of legal action used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she occupies.

Habeas Corpus

The requirement that an arrested person be brought before a judge or court before being detained or imprisoned.

Temporary Assignment of Judges

Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

Rule-Making Power

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged.

Power of Administrative Supervision

The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

Constitutional Commissions

The independent constitutional commissions are the Civil Service Commission (CSC), Commission on Elections (Comelec) and the Commission on Audit (COA).

Decisions of the Constitutional Commissions

Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution.

Civil Service Commission

The civil service shall be administered by the Civil Service Commission.

Coverage of the Civil Service

all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.

Appointments in the Civil Service

Merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.

Powers and Functions of the Commission on Elections

The Commission on Elections shall enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

Powers and Functions of the Commission on Audit

The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government.

Local Government Units

The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays.

LGUs Sources of Income

Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges

Term of Office for Elective Local Officials

Three years

Autonomous Regions

Provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

Accountability of Public Officers - Impeachment

The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

Initiation of Impeachment Cases

The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

Trial of Impeachment Cases

The Senate shall have the sole power to try and decide all cases of impeachment.

Sandiganbayan

The present anti-graft court shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.

Office of the Ombudsman

Created as an independent office composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed.

Term of Office for the Ombudsman and his Deputies

seven years without reappointment.

Declaration of Assets, Liabilities, and Net Worth

A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth.

Accountability (Situational Example)

Example: A mayor using their position to grant contracts to a company owned by their family would be a violation of accountability and transparency.

Participation (Situational Example)

Example: Holding public consultations before implementing a new zoning law ensures citizen participation.

Predictability (Situational Example)

Example: Publishing the criteria for awarding government contracts promotes predictability.

Transparency (Situational Example)

Example: Making budget information easily accessible to the public enhances transparency.

Legislative Branch (Situational Example)

Example: Congress passing a law to address climate change is an exercise of the Legislative Branch.