PHILIPPINE POLITICS AND GOVERNANCE WITH NEW CONSTITUTION

The Constitution is a social contract. (Marcos v. Manglapus)

Viewed in the light of the Social Contract Theories, the Constitution may be considered as
the Social Contract itself in the sense that it is the very basis of the decision to constitute a
civil society or State, breathing life to its juridical existence, laying down the framework by
which it is to be governed, enumerating and limiting its powers and declaring certain
fundamental rights and principles to be inviolable.

The Constitution as a political document may be considered as the concrete manifestation or

expression of the Social Contract or the decision to abandon the ‘state of nature’ and
organize and found a civil society or State.

Purpose of the Constitution

1. To prescribe the permanent framework of a system of government

2. To assign to the several departments their respective powers and duties
3. To establish certain first principles on which the government is founded.

Why would a society generally committed to majority rule choose to be governed by a

document that is difficult to change?
a) To prevent tyranny of the majority
b) Society’s attempt to protect itself from itself.
c) Protecting long term values form short
term passions.

BASIC CONCEPTS

Constitutionalism
Philippine Constitutionalism
Doctrine of Constitutional Supremacy
Republicanism
Principle of Separation of Powers
System of Checks and Balances
Judicial Review Due Process

A. Constitutionalism
refers to the position or practice that government be limited by a constitution.

B. Philippine Constitutionalism
Constitutionalism in the Philippines, understood in the American sense, dates back to
the ratification of Treaty of Paris. Then it grew from a series of organic documents.
These are: 1. Pres. Mc Kinleys’ Instruction to the Second Phil. Commission,
2. Phil. Bill of 1902, Phil. Autonomy Act of 1916.
C. Doctrine of Constitutional Supremacy
If a law violates any norm of the constitution, that law is null and void; it has no effect.
(This is an overstatement, for a law held unconstitutional is not always wholly a nullity)

The American case of Marbury v. Madison laid down the classic statement on constitutional
supremacy” “It is a proposition too plain to be contested, that the Constitution controls any
legislative act repugnant to it.”

D. Republicanism
The essence of republicanism is representation and renovation, the selection by the
citizenry of a corps of public functionaries who derive their mandate from the people
and
act on their behalf, serving for a limited period only, after which they are replaced or
retained at the option of their principal.

E. Principle of Separation of Powers

separation of powers means that legislation belongs to Congress, execution to the
executive, settlement of legal controversies to the judiciary. Each is prevented from
invading the domain of others. Division and Assignment. Its starting point is the
assumption of the division of the functions of the government into three distinct
classes—the executive, the legislative and the judicial. Its essence consists in the
assignment of each class of functions to one of the three organs of government.
Theory. The theory is that “a power definitely assigned by the Constitution to one department
can neither be surrendered nor delegated by that department, nor vested by statute in
another department or agency.
Reason. The underlying reason of this principle is the assumption that arbitrary rule and abuse of
authority would inevitably result from the concentration of the three powers of
government in the same person, body of persons or organ.

More specifically, according to Justice Laurel, the doctrine of separation of powers is

intended to:
1. Secure action
2. To forestall overaction
3. To prevent despotism
4. To obtain efficiency
F. Checks and Balances
The Constitution fixes certain limits on the independence of each department. In
order that these limits may be observed, the Constitution gives each department
certain powers by which it may definitely restrain the other from exceeding their
authority. A system of checks and balances is thus formed.
To carry out the system of checks and balances, the Constitution provides:

1. The acts of the legislative department have to be presented to the executive for
 approval or disapproval.
2. The executive department may veto the acts of the legislature if in its judgment
they are not in conformity with the Constitution or are detrimental to the interests
of the people.
3. The courts are authorized to determine the validity of legislative measures or
executive acts.
4. Through its pardoning power, the executive may modify or set aside the
judgments
of the courts.
5. The legislature may pass laws that in effect amend or completely revoke
decisions
of the courts if in its judgment they are not in harmony with its intention or
policy
which is not contrary to the Constitution
6. President must obtain the concurrence of Congress to complete certain significant
acts.
7. Money can be released from the treasury only by authority of Congress.

G. Judicial Review
Judicial review refers to the power of the courts to test the validity of governmental acts
in light of their conformity with a higher norm (e.g. the constitution).
Expression of Constitutional Supremacy.
Judicial review is not an assertion of superiority by the courts over the other
departments, but merely an expression of the supremacy of the

Constitutional supremacy produced judicial review, which in turn led to the accepted role
of the Court as “the ultimate interpreter of the Constitution.”
Judicial Review in Philippine Constitution
Unlike the US Constitution which does not provide for the exercise of judicial review by
their Supreme Court, the Philippine Constitution expressly recognizes judicial review in
Section 5 (2) (a) and (b) of Article VIII of the Constitution.
H. Due Process
Origin: By the 39th chapter of the Magna Carta wrung by the barons from King
John, the despot promised that “no man shall be taken, imprisoned or disseized or outlawed,
or in any manner destroyed; nor shall we go upon him, nor send him, but by the lawful
judgment of his peers or by the law of the land.”
In 1335, King Edward III’s Statute 28 declared that “no man, of what state or condition
whoever be, shall be put out of his lands, or tenements, nor taken, nor imprisoned, nor
indicted, nor put to death, without he be brought in to answer by due process of law.” It is
this immortal phrase that has resounded through the centuries as the formidable champion of
life, liberty and property in all-freedom loving lands.
LEGISLATIVE DEPARTMENT

Legislative Power
Legislative power is the authority to make laws and to alter or repeal them.
 Legislative power is vested in Congress except to the extent reserved to the people by the
provision on initiative and referendum.

Classification of legislative power

(1) Original legislative power- possessed by the sovereign people.

(2) Derivative legislative power- that which has been delegated by the sovereign people to
the legislative bodies. (Kind of power vested in Congress)
(3) Constituent- The power to amend or revise the constitution
(4) Ordinary- Power to pass ordinary laws.
Legislative power exercised by the people. The people, through the amendatory process,
exercise constituent power, and through initiative and referendum, ordinary
legislative power

POWERS OF CONGRESS
A. INHERENT POWERS

1. Police power
2. Power of eminent domain
3. Power of taxation
4. Implied Powers (Contempt Power)

B. EXPRESS POWERS
1. Legislative Power (art 6 sec1)
(a) Ordinary- power to pass ordinary laws (b)Constituent - power to amend and or
revise the Constitution
2. Power of the Purse
3. Power of Taxation
4. Investigatory Power
5. Oversight function
6. Power to declare the existence of state of war
7. Power to act as Board of Canvassers in election of President
8. Power to call a special election for President and Vice-President.
9. Power to judge President’s physical fitness to discharge the functions of the
Presidency
10. Power to revoke or extend suspension of the privilege of the writ of habeas corpus
or
declaration of martial law.
 11. Power to concur in Presidential amnesties. Concurrence of majority of all the
members
of Congress.
12. Power to concur in treaties or international agreements. Concurrence of at least 2/3
of
all the members of the Senate
13. Power to confirm certain appointments/nominations made by the President
14. Power of Impeachment
15. Power relative to natural resources
16. Power of internal organization Election of officers
Promulgate internal rules Disciplinary powers

Composition of Congress
The Congress of the Philippines which shall consist of a Senate and a House of
Representatives.

Bicameralism v. Unicameralism

The Congress of the Philippines is a bicameral body composed of a Senate and House of
Representatives, the first being considered as the upper house and the second the lower house.

Advantages of Unicameralism.
1. Simplicity of organization resulting in economy and efficiency
2. Facility in pinpointing responsibility for legislation
3. Avoidance of duplication.

Advantages of Bicameralism.
1. Allows for a body with a national perspective to check the parochial tendency of
representatives elected by district.
2. Allows for more careful study of legislation
3. Makes the legislature less susceptible to control by executive
4. Serves as training ground for national leaders.

Composition of Senate

Section 2. The Senate shall be composed of twenty-four senators who

shall be elected at large by the qualified voters of the Philippines, as may
be provided by law.

Elected at large, reason. By providing for a membership elected at large by the

electorate, this rule intends to make the Senate a training ground for national leaders and
possibly a springboard for the Presidency. The feeling is that the senator, having
national rather than only a district constituency, will have a broader outlook of the
problems of the country instead of being restricted by parochial viewpoints and narrow
 interests. With such a perspective, the Senate is likely to be more circumspect and broad
minded than the House of Representatives.

Qualifications of a senator
1. Natural-born citizen of the Philippines
2. At least 35 years of age on the day of the election
3. Able to read and write
4. Registered voter
5. Resident of the Philippines for not less than 2 years immediately preceding the
day
of election. “On day of the election” means on the day the votes are cast. (Bernas
Primer)

Term. The term of office of the Senators shall be 6 years.

Commencement of term. The term of office of the Senators shall commence on 12:00 noon
of June 30 next following their election. (unless otherwise provided by
law)
Limitation. A Senator may not serve for more than two consecutive terms. However, they
may serve For:
1. more than two terms provided that the terms are not consecutive.
2. Effect of Voluntary Renunciation. Voluntary renunciation of office for any length of time
shall not be considered as an interruption in the continuity of his service for the full term
for which he was elected.
3. Staggering of Terms. The Senate shall not at any time be completely dissolved. One-half
of
the membership is retained as the other half is replaced or reelected every three years.
4. Reason for Staggering. The continuity of the life of the Senate is intended to encourage
the
maintenance of Senate policies as well as guarantee that there will be experienced
members
who can help and train newcomers in the discharge of their duties

Composition of House of Representatives

Section 5. (1) 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, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.

Qualifications of District Representatives:

1. Natural-born citizen of the Philippines

2. At least 25 years of age on the day of the election
3. Able to read and write
4. A registered voter in the district in which he shall be elected
5. A resident of the district in which he shall be elected for a period not less than 1 year
immediately preceding the day of the election.