UNIT VIII THE JUDICIARY

LESSON 1 THE ROLE AND RESPONSIBILITIES OF THE PHILIPPINE JUDICIARY

THE JUDICIARY

-Judicial power rest with the Supreme Court and the lower courts, as established
by law.

-its duty is to settle actual controversies involving rights which are legally
demandable and enforceable

RULES AND PROCEDURES

- Rules and regulations are in the form of administrative matters , administrative

orders, circulars, memorandum orders, and OCA circulars.

Appointments to the Judiciary

- Made by the president based on a list

- Its principal function is to screen prospective appointees

- Composed of the chief justice as ex-officio chairman, Secretary of Justice

and representatives of Congress as ex-officio members, and a
representative of the Integrated Bar, a professor of law, a retired member
of the Supreme Court and a representative of the private sector as
members.

- - The Philippine Judicial Academy ( PHILJA ) is the training for justices,

judge, court personnel, lawyers and aspirants to judicial posts.

- KATARUNGAG PAMBARANGAY

- -Presidential Decree No. 1508 or the Katarungang Pambarangay Law

provided rules and procedures.

- -aims to promote the speedy administration of justice by easing the

congestion of court dockets

- -court does not take cognizance of cases not filed first with the
Katarungang Pambarangay.

ALTERNATIVE DISPUTE RESOLUTION SYSTEM

- Republic Act No. 9285 serves to promote the speedy and impartial
administration of justice and unclog the court dockets.

HISTORY OF THE SUPREME COURT

A. Royal Audencia

B. B. PHILIPPINE REVOLUTION AND FIRST REPUBLIC

C. AMERICAN MILITARY RULE

D. ESTABLISHMENT OF THE SUPREME COURT

E. COMMONWEALTH:FILIPINIZATION OF THE SUPREME COURT

F. WORL WAR II AND THE THIRD REPUBLIC

G. MARTIAL LAW

H. PRESENT-DAY SUPREME COURT

-composed of a chief justice and 14 associate justices who serve until the age of
70.

-appointed by the president

According to the 1987 Constitution, Article VII, Section 5, the Supreme Court
exercises the following powers:

- Exercise jurisdiction over cases affecting the ambassadors, other public

ministers and consuls, and over petitions

- Review , revise, reverse, modify, or affirm, on appeal as the law or the

rules of court may provide

The Supreme Court has adopted and promulgated the Rules of Court for
protection and enforcement of constitutional rights, pleadings and practice.

CHIEF JUSTICE

- Six chief justices appointed by the President of the United States

- There were five chief justices that were appointed under this provision.

- There have been nine chief justices appointed under the conditions of
1986 Constitution

- 15 Presidents of the Philippines, only eight have been able to appoint

individual to the highest judicial post in the land

Notable Chief Justices

1. Cayetano Arellano – first Chief Justice of the Supreme Court

2. Ramon Avanceña- known for ushering in an all-Filipino Supreme Court in

1935

3. Jose Abad Santos- wartime chief justice, he was the chief justice and
concurrently the Secretary of Justice. His last words to his son were “Do
not cry Pepito, show to these people that you are brave. It is an honor to
die for one’s country. Not evrybody has that chance

4. Claudio Teehankee- known for his anti-martial law

5. Hilario G. Davide known as the presiding judge of the first impeachment

proceedings in Asia.
 6. Maria Lourdes P.A. Sereno- first woman appointed to the position.

COURT OF APPEALS

-second highest tribunal in the country, which was established on February 1,

1936 by virtue of Commonwealth Act No. 3

The Court of Appeals have the power to try cases and conduct hearings, receive
evidence and perform acts necessary to resolve factual issues

- Composed of one presiding justice and 68 associate justices

- The current presiding justice of the Court of Appeals is Andres Reyes Jr.,
who is set to retire on May 11, 2020

COURT OF TAX APPEALS

- Same level as the Court of Appeals

SANDIGANBAYAN

- Special graft court

- Formally established through Presidential Decree No. 1606

- Exercises exclusive appellate jurisdiction over final judgments,

resolutions or orders or regional trial courts

- Comprises of one presiding justice and 14 associate justices

- Qualifications to become a member of the Sandiganbayan are as follows:

a. Natural born citizen of the Philippines

b. Has been a judge of a court for at least ten years

c. Atleast 40 years of age

d. Engaged in the practice of law in the Philippines

e. Held office requiring admission to the bar as a prerequisite for at least ten
years

Unit x
elections and political parties

Lesson 1 Nature of Elections and Political Parties in the Context of the

Philippines

◦ An election is a formal decision-making process by which a population

chooses as individual to hold public office.
 ◦ Electoral reform describes the process of introducing fair electoral
systems where they are not in place, or improving the fairness of existing
systems.

◦ To elect means “to choose or make decision”

HISTORY OF POLITICAL PARTIES IN THE PHILIPPINES

◦ First Philippine political party, established in 1990 was the Federal party,
which advocated peace and eventual statehood.

◦ Nationalist Party and Democratic Party were established in August.

◦ Following Japanese occupation an effective two-party system developed

between the Liberal and Nationalist Party

◦ Progressive party formed in 1957 adherents of Ramon Magsaysay polled

more than 1m votes.

ELECTION CAMPAIGNS IN THE PHILIPPINES

◦ Campaigns in the Philippines have been called charades and compared

games.

◦ There are rules that limit campaign spending, advertising and television
air time but these rules are often broken.

◦ Campaign period for presidential and legislative election is theoretically

about 60 days but is often much longer than that in reality.

◦ Candidates uses comic books to radio jingles to reach the voters

◦ In atypical campaign rally the crowd wears caps with the names of the
candidates they support and chant their names.

◦ Candidates have been accused of using taxpayer money for their

campaigns

◦ in 2000s it became fashionable

◦ Politicians have appeared on television, radio, billboards and posters.

ELECTION IRREGULARITIES AND PROBLEMS WITH PHILIPPINE ELECTORAL

SYSTEM

◦ Elections are often marred by violence, fraud, and irregularities.

◦ Polling stations run out of ballots; ballot boxes go missing, names of

legitimate voters aren’t not on voting lists, dead people remain on lists
that have not been updated; stations run out of ink that keeps voters from
voting twice.

◦ There have been allegations that computers have been manipulated to

change results.
 ◦ Vote buying is common. The Marcos’s spent an estimated $1 billion to win
one election and that was when they were in power.

◦ According to Christian Monsod whom Aquino appointed as chairman

said”the three president after Aquino did more to weaken than to
strengthen the commission.” Succeeding regimes did not appoint good
commissioners because they were more interested in their political
agenda.”

◦ In 1993, Monsod modernized the commission by

◦ drafting a new election code and improving its systems, most especially
procedures for the counting of votes.

◦ Election are often accompanied by violence, the police and military are
usually put under the commission’s control during the voting.

◦ In past elections, state security forces were involved in snatching ballot

boxes or preventing people from voting.

◦ NEED TO REFORM PHILIPPIN ELECTIONS

◦ In 2005 President Gloria Macapagal Arroyo, went on national television to

apologize for election-related improprieties.

◦ The current political crisis is the result of our faulty and corrupt electoral
system. Either we reform this system or this is not going to be the last of
these crises. It’s now or never. Said Jose Concepcion, chairman of
NAMFREL.

◦ Change can only happen if Filipino leaders have the political will to do it.

◦ In the mid 2000s there was a trend to contest elections in the courts. One
the eve 2004 election more than half a dozen disqualification cases were
heard in the courts. They involved alllegations of excessive campaign
spending, breaking limits on political advertising, vote-buying, and illegal
use of tax payer money for elections.

◦ Unit XI
CIVIL SOCIETY AND SOIAL MOVEMENT

◦ Lesson 1 Political Participation Outside Formal Institutions

What is Civil Society?

◦ defined as a political community

◦ Society governed by the government, law, and authority

◦ Distinguished from the state and political community

 ◦ Non-governmental, private, voluntarily organized associations or
institutions of the people, through which they try to secure their needs,
desires and objectives

◦ used to collectively refer to the voluntary organizations corporate bodies,

socially active groups, and firms working in each society.

◦ Set of intermediate associations which is neither the state nor the family

◦ Plays an active and positive role in social, economic and cultural activities.

◦ Includes all private organizations of the people

◦ Refers to the effective presence of non-governmental autonomous groups

and associations, business groups and associations

UNIT XII CITIZENSHIP

Lesson 1: The traditional and modern views of citizenship

CITIZENSHIP

- In a narrow sense, means the resident of a city or one who enjoys the
privilege of living in a city

- In a broad sense, a person who resides within the territorial limits of the
state

- In Political Science, a person who is the member of the state and who
enjoys social and political rights.

Two classes of population

- a. citizens

Enjoyed both civil and political rights

b. Slaves

- Enjoyed none of such rights and suffered from all kinds of political and
economic disabilities.

DEFINITION OF THE CITIZEN

- According to Aristotle, citizen has the power to take part in the

deliberative or judicial administration of any state

- Vattal, members of a civil society bound to this society by certain duties

Laski- contribution of one’s instructed judgment to the public good

A. Citizen must have:

1. Membership of the state

2. Social and political rights

 3. Sentiment of devotion to the state

Distinction between an Alien and a Citizen

- Citizen enjoys civil and political rights in his own country

- Alien is not privileged to enjoy the political rights of the country but
sometimes he is privileged to enjoy a few of the social rights

Three Types of Aliens:

1. Resident aliens

- People who have left their native land and have settled in the foreign
countries

2. Temporary aliens

- People who visit foreign countries in order to serve their purposes and
when their purposes are served, they go back to their native land

3. Ambassadors

- Aliens who settle in foreign countries as the representative of their

governments

Foreign friends and enemies

- Friendly countries are called foreign friends

- Enemy countries, foreign enemies

How can the citizenship be acquired?

Two types of citizen

1. Natural born

-those who are the citizens of a state by virtue of their birth or blood relations

2. Naturalized citizen

- Foreigners who are granted the citizenship of the country on the fulfilment of
some conditions laid down by respective country

- A person who desires to be the citizen of a foreign country has to give up

the citizenship of his native country

How the Citizenship is Lost?

1. If a person is willingly gives up the citezenship of his country and

becomes a foreign citizen;

2. A woman loses her citizenship if she marries a foreigner;

 3. 3.A person loses his citizenship if he remains absent from his country for
a longer period of time. But if he gets his citizenship renewed every year
through the embassy of his country, he does not lose his citizenship;

4. 4.A person can be deprived of his citizenship if he proves a traitor to the

country or if he proves a traitor to the country or of he runs away from
the army

5. 5.A person loses his citizenship if he joins a foreign service or receives a

foreign honor without the permission of his own government.

Qualities of A Good Citizen

1.Social sentiments

2.Good heath and sound physique

3.Sentiment of world citizenship

4.Moderate thinking and self-control

5.Unselfishness and helpful attitude to others

6.Patriotism and the elimination of a sense of untouchability

7.The proper use of adult suffrage

Hindrance of Good Citizenship

1.Selfishness

2.Favoritism and Nepotism

3.Indifferences

4.Feeling of regionalism

5.Idleness

6.Illiteracy

7.Poverty

8.Capitalism

9.Feeling of Untouchability

10.Provincialism, Communalism and aggressive nationalism

• A good citizenship can be established only after eliminating the

hindrances mentioned above.

Citizenship by Birth(jus sanguinis)

 • One or both of a person’s parents are citizens of a given state

• The person may have the right to be a citizen of that state as well.

• Jus sanguinis holds, a person born outside a country, one or both of whose
parents are citizens of the country, is also a citizen.

Born within a country(jus soli)

• People are automatically citizens of the state in which they are born.

Citizenship by Marriage(jure matrimonii)

• The marriage of one person to another citizen.

• Citizen marries a non-citizen typically for payment, without them having

the intention of living together

Traditional Views on Citizenship

POLIS

-meant both the political assembly of the city-state as well as the entire
society.

MODERN VIEWS ON CITIZENSHIP

-elaborate systems of political representation at a distance

- More passive

- Action is delegated to others