EXECUTIVE POWERS OF THE PRESIDENTExecutive power

The power to execute, implement, enforce, carry into effect laws and policies; it includes the authority to carry into effect specific explicit provisions as well as the general intent and mandate of laws

Laws include the constitution (fundamental law), statutes (legislature-made laws, called Republic Acts), rulings of the SC, and executive ordinances issued by the past chief executives.

Power to Appoint

The following office-holders:

Executive branch positions : heads and senior officials of executive departments, bureaus, regional and field units of executive departments, agencies/offices directly under the office of the chief executive, senior military officers, state diplomats, and heads and officials of governments-owned and –controlled corporation (GOCCs);

Judicial branch positions : Supreme court justices and justices and judges of all lower courts Independent constitutional bodies : chairs and commissioners of the different independent

constitutional commissions

Control and Supervision over the Executive Branch of the Government

Control includes the authority to:

Act directly whenever a specific function is entrusted by law or regulation to a subordinate; Direct the performance of duty; Restrain the commission of acts; Review, approve, reverse, or modify acts and decisions of subordinate officials or units; Determine priorities in the execution of plans and programs; and, Prescribe standards, guidelines, plans, and programs. As per the Administrative Code of 1987

The executive branch covers:

The Cabinet All executive dept. All the bureaus, department services, regional and field units, and agencies under or

attached to the executive departments; All the agencies and offices directly under or attached to the office of the chief executive

(eg., the Office of the Executive Secretary); and, All government-owned and –controlled corporations and government financial institutions

(GFIs)

Control also includes authority to reorganize the Executive branch:

Transfer one unit from one jurisdiction to another; Transfer functions from one unit to another Abolish, consolidate, or merge units

General Supervision over LGUs

The authority to ensure that LGUs- provincial, city, municipal, and barangay goernemnts- are operating and acting with accordance with law and not ultra vires (that is, beyond the powers and rights vested in them by law)

The authority to hear and decide administrative complaints filed against elective local officials (local chief executives and local legislators) to mete out and enforce penalties (including suspension and removal).

Military Powers

Powers to command and control the armed forces – the military and the police – during peacetime and wartime

Power to call out the armed forces to prevent and/or suppress rebellion, invasion, and lawless violence, the power to suspend the privilege of the writ of habeas corpus, and proclaim martial law

Ordinance-Making Powers

The authority to issue executive orders (EO), administrative orders (AO), memorandum orders (MO) and circulars, general or special orders, and proclamations in order to carry out the laws and perform legal and official functions.

LEGISLATIVE POWERS OF THE PRESIDENT

Veto

The power to “forbid” (veto) the passage of laws; the authority to disapprove or reject bills already passed by the legislature

Package veto allows the executive to reject a legislature-approved bill in toto Partial veto allows him to selectively approve/disapprove parts of the bill

Delegated Decree Authority

The authority to legislate and promulgate new policies in lieu and independently of legislature. The authority is delegated to chief executive by the legislature through a law (EO)

Integrative Powers

Cover prerogatives that allow the chief executive to be “integrated” into law making:

Power to address the legislative and present his or her legislative addenda (ex. SONA) Power to certify bills as urgent for immediate enactment Power to call special legislative sessions Power to prepare the annual national budget and present this to the legislature for

deliberation and enactment

SPECIAL POWERS OF THE PRESIDENT

Commander-in-Chief of all the Armed Forces

All the military powers (enumerated earlier) including the authority to appoint senior military official in the different service commands. It potentially could also include other ill-defined and indeterminate prerogatives during emergency situations (especially wartime).

Executive Clemency

Authority to grant pardons, commutations of judicially-imposed sentences, reprieves, suspension of sentences, and, subject to legislative approval, amnesties

Diplomatic Powers

As the state’s chief diplomat, the chief executive conducts, with the assistance of the Foreign Office (e.g., the DFA), the state’s foreign relations

Includes the authority to receive foreign diplomatic agents, appoint and send out the state’s diplomatic agents, enter into, negotiate, and sign treaties and international agreements.

Legislative Checks on the Executive

1. Power on inquiry in aid of legislation2. “Question hour” and legislative oversight3. Legislative consent and/or censure

a. Confirm or reject executive appointments4. Declaration of existence of state of war vested solely in the legislature5. “Power of the Purse” or power of appropriations (budget powers)

THE PHILIPPINE LEGISLATURE1987 Constitution:

The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent

Legislative Power

The authority to make or alter or repeal laws:

“Ordinary” legislative power Power to pass ordinary laws (Senate, HoR) Includes power of “the people” to exercise initiative and referendum Oversight role (in aid of legislation) “Constituent” legislative power (ex. Charter change) Power to amend or revise the Constitution (Senate, HoR) Includes power of “the people” to ratify amendments to the Constitution

Congress may legislate on any subject matter but there are limits:

Substantive limitso Laws should be in accordance with the constitution (e.g. should not impair freedom

of speech). Procedural limits

o A bill must go through the bicameral conference and must generally be approved by the President

Unicameral vs Bicameral System (Acdg. To Bernas, SJ)

Advantages

Unicameral BicameralSimplicity of Organization resulting in:

Economy and efficiency Facility in pinpointing responsibility for

legislation Avoidance of duplication

Allows for a body with a natl. perspective to check the parochial tendency of district representative

Allows for a more careful study of legislation

Makes the legislation less susceptible to control the Executive

Serves as training ground for national leader

Philippine Senate

1987 Constitution, Article VI, Section 2

The Senate shall be composed of 24 senators who shall be elected at large by the qualified voters of the Philippines, in the senate.

1987 Constitution, Article VI, Section 3

No person shall be a senator unless: S/he is a natural-born citizen of the Philippines, and, on the day of the election, At least 35 years of age, Able to read and write A registered voter A resident of the Philippines for not less than 2 years immediately preceding the day of

election

1987 Constitution, Article VI, Section 4

The term of the Senators shall be 6 years…No senator shall serve for more than two consecutive terms…

Philippine House of Representatives (HoR)

1987 Constitution, Article VI, Section 5

Total composition: Not more than 250 members, unless otherwise provided by law. Classification of members

o District representatives, each representing one congressional districto Sectoral representative, exist only for 3 consecutive terms after the 1987 ratificationo Part representation, elected through the “party-list” system (1st instituted in 1998)

Composition: 16th Congress (HoR)

Total: 289

District Reps: 234

Party List Reps: 55 from 40 parties

Philippine HoR

1987 Constitution, Article VI, Section 6

No person shall be member of the HoR unlesso He is a natural born citizen of the Philippineso At least 25 years of ageo Able to read and writeo A registered voter in the district in which he shall be elected (except for Party list

reps)

o Resident thereof for a period of not less than 1 year before…election

1987 Constitution, Article VI, Section 7

The members of the HoR shall be elected for a term of 3 years No member of the HoR shall serve for more than 3 consecutive terms

Senators and Reps

Privileges (& Entitlements)

Salaries (of self, staff) Priority Development Assistance Fund (PDAF) – “pork barrel” Immunity (from arrest, while congress is in session; provided criminal offense not punishable

by more than 6 years imprisonment).

Obligations

Full disclosure of financial interests (ie through statement of assets & liabilities or SAL) Cannot hold any other office or employment in government without forfeiting seat Cannot appear as counsel in any court of justice

Leadership of Congress

House of Representatives

House speaker Deputy speakers

o The one that really presides Majority leader

o Defines who the ruling side is Minority leader

o Defines who the opposition is Chairperson of (standing and Special) Committees – 58+

Senate

Senate president President Pro-Tempore Majority leader Minority leader Chairperson of (standing and Special) Committees

Who is the Typical Legislator?

(Coronel, Chua, Rimban, Cruz, 2004)

“The typical Filipino legislator is male, middle-aged, and college educated, most likely with a degree in law. He has previously held a local gov’t post and is a member of a political family, sith a sibling, father, or grandfather who was voted in

LEGISLATIVE POWER: How is a law passed?

Step 1: Filing a bill

Step 2: First reading

Reading of titles/authors Referral to appropriate committee(s)

Step 3: Committee Deliberations

Step 4: Second reading

Sponsorship Period of debate Period of amendments Voting

o If favorable, calendar for third readingo Ig unfavorable, transit to archives

Step 5: Third reading

Distribution of bill in final form Roll call vote If approved, transmittal for action to the other house If disapproved, transmit to archives

Step 6: Approval of the Bicameral Conference Committee (House committee + Senate committee)

Ratification of conference committee report If ratiified:

o Bill is printed in engrossed formo Enrolment of bill

Submission to the president for approval

Step 7: Presidential Action

No action on bill within 30 days after receipt, bill lapses into law Veto:

o Bill returned to originating house with explanationo Outcomes:

Veto accepted Override veto by 2/3 vote of both houses

The act shall take effect 15 days after publication in the official gazette or in at least 2 national newspapers of general circulation

THE JUDICIARY

Isagani Cruz“Although holding ‘neither purse nor sword’ …the lifeblood of every libertarian regime is found in the vitality of its judicial system”

Fr. Joaquin Bernas, S.J.The judiciary is “the last bulwark of constitutional rights and liberties”

Independence of the Judiciary

1. Since the SC is a constitutional court being specially provided for in the Constitution, it cannot be abolished by law.

a. Constitutional crisis – When it is no longer clear who will resolve the problem2. The appointment by the President of the members of the judiciary is not subject to

confirmation by the Commission on Appointments. This shields the judiciary from the control or influence of legislators who are members of the powerful Commission on Appointments.

3. The members of the judiciary do not have a fixed term and may continue in office with good behavior until they reach the age of 70 years or become incapacitated to discharge their duties. Consequently, they cannot be legislated out of office by the Congress nor be removed by the President for any reason.

4. The members of the Supreme Court can only be removed by impeachment. Secure in their positions, the Supreme Court justices can perform their functions without fear.

5. The members of the judiciary have security of tenure and this cannot be undermined by any law reorganizing the judiciary.

6. The Congress cannot deprive the Supreme Court of its jurisdiction over cases enumerated in the Constitution.

7. The Supreme Court’s appellate jurisdiction may not be increased by law without the Supreme Court’s advice and concurrence.

8. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year. After approval of the appropriations, the funds shall be automatically and regularly released.

9. The Supreme Court has administrative supervision over all courts and the personnel thereof.10. The Supreme Court has exclusive power to discipline judges of lower courts.11. The Supreme Court has the power to appoint all officials and employees of the judiciary.12. The salary of the members of the Supreme Court and of judges of lower courts are fixed by

law and cannot be decreased during their continuance in office. Hence, members of the judiciary cannot be intimidated with the threat of a reduction in their compensation.

13. Only the Supreme Court may order the temporary assignment of judges. Without any fear of the political department of the government, judges may act independently in the discharge of their duties.

a. Barangay level: Lupon ng Tagapamayapa

Judicial Power

Constitution, Article VIII, Section 1.

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

Only the SC is a constitutional body. The rest are statutory creations. Lower courts under the Judiciary Reorganization Law: Court of Appeals, Regional Trial

Courts, Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts. Plus: Sandiganbayan as a special statutory court, and Sharia courts for the Muslims Judicial power includes (i) the duty of courts of justice to settle actual controversies involving

rights which are legally demandable and enforceable, and (ii) to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

i. Traditional concept of judicial power, i.e dispute settlementii. Broad concept/new definition, i.e. power to review decisions of the executive and

the legislative

Intrinsic Limits

May neither attempt to assume nor be compelled to perform non-juducual functions (e.g sit in the board of a corporation).

Power of judicial review: “grave abuse of discretion” must be proven Court cannot give “advisory opinions.” It can only act on actual (not potential) cases.

“Grave Abuse of Power”

Simon vs. Civil Service Commission

“By grave abuse of discretion is meant such capricious and whimsical exercise of judgement as is equivalent to lack of jurisdiction. The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or to act all in contemplation of law, as whether the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.”

Judicial Power

Legislature still plays a crucial role

To define such enforceable and demandable rights and prescribe remedies for violations of such rights

To determine the court with jurisdiction to hear and decide controversies or disputes arising from legal rights.

Appointments

Constitution, Article VIII, Sec 9:

The Members of the SC and the judges of lower courts shall be appointed by the President from a list of at least 3 nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within 90 days from the submission of the list.

Purposes of this section:

De-politicize our courts of justices Ensure the choice of competent judges Fill existing vacancies to avoid disruption of judicial proceedings

Qualifications

Constitution, Article VIII, Section 7:

(1) No person shall be appointed Member of the SC or any lower collegiate court unless he is a natural born citizen of the Philippines. A Member of the SC must be at least 40 years of age, and must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualification of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Judicial and Bar Council (JBC)

Constitution, Article VIII, Section 8 re Composition of the JBC

The regular members of the Council shall be appointed by the President for a term of 4 years with the consent of the Commission on Appointments… The representative

Ex Officio Members

Chief Justice as ex-officio Chairman

DEVELOPMENTGlobal Concerns

Peace Freedom Development Environment

Modernization Theory

Developed in the 1950s Explains how societies progress/develop Through technology, production, consumption Societies can all become a modern society Model for modernity: the industrialized West Tradition is incompatible with modernity The causes of underdevelopment are in traditional societies Mechanisms for development can be found within national societies In additional to industrial development, this internal factors include social institutions and

cultural institutions

World Bank Indicators

Classification of Countries based on Gross National Income (GNI) Per Capita “Developed” Countries

o High income, @12,196 or more “Developing” countries

o Low income, $995 or lesso Lower middle income, $996 - $3,945o Upper middle income, $3,946 - $12,195o HIPC (Highly Indebted Poor Countries)

Dependency Theory

Semi-periphery: There is a contribution to the manufacturing (ex. Brazil) Periphery: Almost everything is imported or exported (ex. Philippines) Core: If you produce for the global economy

Gudre Gunder Franko The development of underdevelopment

Alternative Development

Context

Challenge to the dominance of the modernization theory in the 1950s, in the Post World War II era.

In the 1960s and 1970s, economic growth proved no trickling down Attention was given production and technocracy, basic needs of people were neglected More attention to inequality and poverty issues needed Shift from macroeconomic growth to poverty alleviation strategies In the 1980s and 1990s, the decentralization became a global trend

The Beginning

The earliest most important contribution to the theory of alternative development in terms of legitimizing and universalizing the concept

“Another Development” (Dag Hammarsj…., 1975)

Geared to the satisfaction of needs Endogenous and self-reliant (participative) In harmony with the environment (sustainable)

Core

Semi-periphery

Periphery

goodsresources

goods resources

Other Names

Grassroots/ Bottom-up development/ Development from below Participatory development Popular development Appropriate development People-centered development / People’s self-development/ Human scale development

Distinguishing Characteristics

Redefinition of development goals from economic growth to human development New focus on civil society as development agent Highlighted new development methodology

o Participatoryo Endogenous and self-relianto Sustainable beyond getting standards and numbers

….

ON MODERN POLITICAL IDEOLOGIESIdeology vs Theory

Theory – something you can prove Ideology – at the core, an ideology is a belief system

o Ends with –ism (ex. Communism, fascism, capitalism, etc…)

What is “Ideology”?

From Greek wordso “eidos” – wordo “logos” – knowledgeo Literally means words of knowledge

First used by the French: “left” and “right” seating arrangement at the French National Assembly of 1789 (which signaled the start of the French Revolution)

o Right – supporters of the king (absolute monarchy) Conservative/Traditionalist

o Left – Supporters of the revolution (liberte/liberty, egalite/equality, fraternite/brotherhood)

Progressive H.M. Ducker

o “The powerful political ideas of our time are almost all part of some ideology or other…”

L.T. Sargento “An ideology is a value system or belief system accepted as fact or truth by

some group… Ideology provides the believer with a picture of the world both as it is and as it should be, and, in so doing, organizes the tremendous complexity of the world into something fairly simple and understandable.”

Heilbronero “Systgems of thought and belief by which [individual and groups] explain…

how their social system operates and what principles it exemplifies” Anthony Downs

o “Verbal image of the good society, and of the chief means of constructing such a society”

ANALYSIS human nature society

STRATEGYVISION

envisioned society

Characteristics of Ideologies

Most obvious: “isms” Provides (i) an explanation of the problems of society and (ii) a vision of society Action-oriented: how to get to envisioned society Aimed at mobilizing mass support for desired change (status quo)

Why is Ideology important?

Addresses basic human needs (e.g. safety, freedom, community) Provides it believers with an understanding of history A “reference” point, a lens to view the world Inspires, mobilizes people

Authoritarian – the state should be in control

Authoritarian Left Authoritarian RIght

Libertarian Left Libertarian RIght

Libertarian – if you believe people should be left alone

Major Ideologies

Liberalism Marxism or Scientific Socialism Fascism

Classic Liberalism

Adam Smitho 1723 – 1790o Scottisho Political economist, moral philosophero 1776: “An inquiry into the Nature and Causes of the Wealth of Nations”o Mercantilism

No tariffs Opening up the economy

Comes from the latin words “liber” for “free” Negative Liberalism or Freedom “from” (government control)

Economic scale

Soci

al sc

aleLe

ftRight

Government by “Consent” as central value Individual freedom Rationality and progress Limited government Economic freedom

Modern Liberalism

Positive Liberalism or Freedom “to” (be protected by government)o Freedom of speech or freedom from repression is not meaningful if people cannot

get an education (welfare); economic system can be unfair so government must step in

Keynesian economicso Control financial flows

Neo-liberalismo The private is good, the public is bado Rolling back to the stateo Privatization (ex. Water, electricity hospitals) , deregulation (ex. Less tariffs for oil

and in customs), liberalization State-assisted capitalism

o East Asian miracle: the ‘developmental’ state When your state has specific developmental objectives

Ex. In Korea, the state will only allow the banks to grant you capital if you invest in manufacturing automobiles instead of textiles

Classical Conservatism

Edmund Burrke – father of Conservatismo English philosophero Wrote “Reflections on the Revolution in France” in 1790o Wanted to conserve traditional values and institutions (as against radical changes)

Associated with:o Analysis: humans have irrational impulses (rather than rationality) and should these

impulses should be controlledo Order and stability most importanto Change should be gradualo Governments must step in to safeguard traditions and morals

Modern Conservatism

Associated with the revival of classical liberalism in the 1980s (e.g ideas of Milton Friedman who served as Reagan’s economic adviser)

“Neo-cons”: Bush et al (Adam Smith + Edmund Burke)

Marxism

Karl Marxo 1818-1883o Germano Philosophero 1848 (with Freidrich Engels): “The Communist Manifesto”

Class struggle (historical/dialectal materialism) Scientific socialism Vision of a classless society

Mode of Production

Marxism-Leninism

Vladimir Ilyich Lenino Leader of the October Revolution (1917)o First head of the Russian Siviet Socialist Republico 1916: “Imperialism: Highest form of Capitalism”

Imperialism – conquering other nations Revolution is a backward economy The necessity or organization: the Communist Party Dictatorship of the Proletariat

Maoism

Mao Zedongo 1930s: led the Chinese Communist Partyo Based on poor peasantso Guerilla warfare: surround the city from the countrysideo Came to power in 1949o Launched a cultural revolution in 1969o Died in 1976

Local businesses are controlled by the state but they welcome businesses from the outside

Social Democracy

Edward Bernsteino Developed the “revisionist” schoolo German Social Democratic Partyo No to economic determinismo Evolutionary socialismo “Welfarism”o Hospitals, schools, etc.. are public

Antonio Gramscio Capitalism has not collapsed because of “ideological/cultural” hegemonyo Advocated for “war of position” rather than “war of movement”

FEUDALISMLandlords

-Peasants

CAPITALISM Capitalist

-Proletariat

Socialism/Communism

o Capitalism does not collapse because consumerism is ingrained in the minds of the people

Fascism

Latin word “fasces” meaning “bundle” Italy 1919: Benito Mussolini 1940s: Adolf Hitler, National Socialism or Nazism Totalitarianism, Nationalism, Militarism, Leadership

o Basically a police stateo Run by the military

Ex. North Korea & Duterte