JUDICIAL BRANCH

(Week 1)

What is Rule of Law in the Philippines?

Rule of law demands that the people and the civil society render habitual obedience to the

law. It also demands that the government acts within the limits of the powers and functions

prescribed by the law.

What is Judiciary?

Judiciary – (also known as the judicial system or ‘court system) is the system of courts that

interprets and applies the law in the name of the state. The judiciary also provides a mechanism

for the resolution of disputes. Under the doctrine of the separation of powers the judiciary in

general does not make law (that is, in a plenary fashion, which is the responsibility of the

legislature) or enforce law (which is the responsibility of the executive.

The judicial branch of the government is the primary agency that handles matters concerning

the settlement of issue regarding the rights and interpretation of law. The power of the judiciary

rest in the Supreme Court and the lower courts, which include the Court of Appeals,

Sandiganbayan, down the Regional Trial court the Metropolitan trial court and Municipal trial

court

ARTICLE VIII OF THE 1987 : CONSTITUTIONJUDICIAL BRANCH

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as

may be established by law.

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.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction

of the various courts but may not deprive the Supreme Court of its jurisdiction over cases
enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its

Members.

Section 3. 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 and, after

approval, shall be automatically and regularly released.

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate

Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any

vacancy shall be filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or

law, which shall be heard by the Supreme Court en banc, and all other cases which under the

Rules of Court are required to be heard en banc, including those involving the constitutionality,

application, or operation of presidential decrees, proclamations, orders, instructions, ordinances,

and other regulations, shall be decided with the concurrence of a majority of the Members who

actually took part in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a

majority of the Members who actually took part in the deliberations on the issues in the case and

voted thereon, and in no case without the concurrence of at least three of such Members. When

the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine

or principle of law laid down by the court in a decision rendered en banc or in division may be

modified or reversed except by the court sitting en banc.

Section 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and

consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas

corpus.

(2) 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 in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is

in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed

in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

(3) 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.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) 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 underprivileged. Such rules shall provide a simplified and inexpensive

procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade,

and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts

and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and the

personnel thereof.

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate

court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must

be at least forty 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 qualifications 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.
Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme

Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a

representative of the Congress as ex officio Members, a representative of the Integrated Bar, a

professor of law, a retired Member of the Supreme Court, and a representative of the private

sector.

(2) The regular members of the Council shall be appointed by the President for a term of four

years with the consent of the Commission on Appointments. Of the Members first appointed, the

representative of the Integrated Bar shall serve for four years, the professor of law for three years,

the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep

a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by

the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for

the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It

may exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed

by the President from a list of at least three 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 ninety days from the

submission of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court,

and of judges of lower courts, shall be fixed by law. During their continuance in office, their salary

shall not be decreased.

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office

during good behavior until they reach the age of seventy years or become incapacitated to

discharge the duties of their office. The Supreme Court en banc shall have the power to discipline

judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually
took part in the deliberations on the issues in the case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not

be designated to any agency performing quasi-judicial or administrative functions.

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en

banc or in division shall be reached in consultation before the case is assigned to a Member for

the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall

be issued and a copy thereof attached to the record of the case and served upon the parties. Any

Member who took no part, or dissented, or abstained from a decision or resolution, must state the

reason therefor. The same requirements shall be observed by all lower collegiate courts.

Section 14. No decision shall be rendered by any court without expressing therein clearly and

distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due

course or denied without stating the legal basis therefor.

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided

or resolved within twenty-four months from date of submission for the Supreme Court, and, unless

reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months

for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the

last pleading, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the

Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the

record of the case or matter, and served upon the parties. The certification shall state why a

decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such

responsibility as may have been incurred in consequence thereof, shall decide or resolve the case

or matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session
of the Congress, submit to the President and the Congress an annual report on the operations

and activities of the Judiciary.

DECENTRALIZATION AND THE LOCAL GOVERNMENT UNIT’S ROLES AND FUNCTIONS

(Week 2)

DECENTRALIZATION

- transfer of power and authority from central institution to lower or local levels of a government

system

3 FORMS OF DECENTRALIZATION

1. DEVOLUTION

• transfer of power and authority from the national government to local government units

(LGUs); political and territorial

2. DECONCENTRATION

- transfer of power, authority or responsibility or the discretion to plan, decide and manage from

central tolocal levels; administrative and sectoral

3. DEBUREAUCRATIZATION

- transfer of some public functions and responsibilities, which government may perform, to

private entities or NGOs

AIMS OF THE LOCAL GOVERNMENT CODE 1991

Purpose:

- transform LGUs into self-reliant communities and active partners in nation

building by giving them more powers, authority, responsibilities and resources

- Hopes to achieve economic development at the regional and local levels by

giving LCE more freedom in carrying out their programs that are suitable in their

areas

Among the social services and facilities that local government should provide, as stipulated in
Section 17 of the Local Government Code, are the following:

DEVOLVED FUNCTIONS TO LGUs

1. Agricultural extension

 facilities and research services for agriculture and fishery activities, which include seedling

nurseries, demonstration farms, and irrigation systems;

2. Field health and hospital services

 health services, which include access to primary health care, maternal and child care, and

medicines, medical supplies and equipment;

3. Social welfare services

 social welfare services, which include programs and projects for women, children, elderly,

and persons with disabilities, as well as vagrants, beggars, street children, juvenile

delinquents, and victims of drug abuse;

4. School building program

 information services, which include job placement information systems and a public library;

 a solid waste disposal system or environmental management system;

5. Public works

 municipal/city/provincial buildings, cultural centers, public parks, playgrounds, and sports

facilities and equipment;

 infrastructure facilities such as roads, bridges, school buildings, health clinics, fish ports,

water supply systems, seawalls, dikes, drainage and sewerage, and traffic signals and

road signs;

 public markets, slaughterhouses, and other local enterprises;

 public cemetery;

6. Tourism

 tourism facilities and other tourist attractions; and

 sites for police and fire stations and substations and municipal jail.

PROVINCIAL GOVERNORS
The provincial governor, as the chief executive of the provincial government, shall exercise and

perform the following powers and duties:

1. Exercise general supervision and control over all programs, projects, services, and

activities of the provincial government:

1. determine the guidelines of municipal policies and be responsible to the

Sangguniang Panlalawigan for the program of government;

2. direct the formulation of the provincial development plan;

3. at the opening of the regular session of the Sangguniang Panlalawigan, present

the program of government and propose policies and projects for consideration;

4. initiate and propose legislative measures to the Sangguniang Panlalawigan;

5. represent the province in all its business transactions and sign on its behalf all

bonds, contracts, and obligations, upon authorization by the Sangguniang

Panlalawigan;

6. carry out emergency measures as may be necessary during and in the aftermath

of man-made and natural disasters;

7. examine the books, records and other documents of all offices, officials, agents or

employees of the province;

8. furnish copies of executive orders issued by him to the Office of the President

within 72 hours after their issuance;

9. visit component cities and municipalities at least once every six months;

10. represent the province in inter-provincial or regional sports councils or committees,

and coordinate the efforts of component cities or municipalities in the regional or

national palaro or sports development activities;

11. conduct an annual palarong panlalawigan; and

12. submit to the Office of the President an annual report on the administration and

development of the province, and supplemental reports when unexpected events

and situations such as calamities arise.

MUNICIPAL AND CITY MAYORS

The municipal mayor and city mayor, as the chief executive of the municipal government and city

government, respectively, shall exercise and perform the following powers and functions:

1. Exercise general supervision and control over all programs, projects, services, and

activities of the municipal or city government:

1. determine the guidelines of municipal policies and be responsible to the

Sangguniang Bayan or Panlungsod for the program of government;

2. direct the formulation of the municipal or city development plan;

3. at the opening of the regular session of the Sangguniang Bayan or Panlungsod,

present the program of government and propose policies and projects for

consideration;

4. initiate and propose legislative measures to the Sangguniang Bayan or

Panlungsod;

5. represent the municipality or city in all its business transactions and sign on its

behalf all bonds, contracts, and obligations, upon authorization by the

Sangguniang Bayan;

6. carry out emergency measures as may be necessary during and in the aftermath

of man-made and natural disasters;

7. examine the books, records and other documents of all offices, officials, agents or

employees of the municipality or city;

8. visit component barangays of the municipality or city at least once every six

months;

9. solemnize marriages, any provision of law to the contrary notwithstanding;

10. conduct a palarong bayan or panlungsod; and

11. submit to the provincial governor an annual report on the administration of the

municipality or city, and supplemental reports when unexpected events and

situations such as calamities arise.

2. Enforce all laws and ordinances, and implement all approved policies, programs,

projects, services and activities of the municipality or city:

1. issue executive orders as are necessary for the proper enforcement and execution

of laws and ordinances;

2. call conventions, seminars or meetings of any elective and appointive officials of

the municipality or city;

3. formulate and implement the peace and order plan of the municipality or city; and

4. call upon the appropriate law enforcement agencies to suppress disorder, riot,

lawless violence, rebellion or sedition or to apprehend violators of the law.

3. Initiate and maximize the generation of resources and revenues, to be used for the

implementation of development plans, program objectives and priorities:

1. prepare and submit to the Sangguniang Bayan or Panlungsod for approval the

annual executive and supplemental budgets of the municipality or city;

2. ensure that all taxes and other revenues of the municipality or city are collected;

3. issue, suspend or revoke licenses and permits;

4. adopt measures to safeguard and conserve land, mineral, marine, forest, and other

resources of the municipality or city;

5. provide efficient and effective property and supply management in the municipality

or city; and protect the funds, credits, rights and other properties of the municipality

or city; and

6. institute or cause to be instituted administrative or judicial proceedings for violation

of ordinances in the collection of taxes, fees or charges, and for the recovery of

funds and property.

4. Ensure the delivery of basic services and the provision of adequate facilities as

provided for under Section 17 of the Local Government Code.

PUNONG BARANGAY

The punong barangay, as the chief executive of the barangay government, shall exercise and

perform the following powers and functions:

1. enforce all laws and ordinances which are applicable within the barangay;
2. negotiate, enter into, and sign contracts for and in behalf of the barangay, upon

authorization of the Sangguniang Barangay;

3. maintain public order in the barangay;

4. call and preside over the sessions of the Sangguniang Barangay and the Barangay

Assembly;

5. appoint or replace the barangay treasurer, the barangay secretary, and other appointive

barangay officials;

6. organize and lead an emergency group for the maintenance of peace and order or on

occasions of emergency or calamity within the barangay;

7. prepare the annual executive and supplemental budgets of the barangay, in coordination

with the Barangay Development Council;

8. approve vouchers relating to the disbursement of barangay funds;

9. enforce laws and regulations relating to pollution control and protection of the

environment;

10. administer the operation of the Katarungang Pambarangay;

11. exercise general supervision over the activities of the Sangguniang Kabataan;

12. ensure the delivery of basic social services and access to facilities;

13. conduct an annual palarong barangay which shall feature traditional sports and disciplines

included in national and international games; and

14. promote the general welfare of the barangay.

The Elections and Political Parties in the Philippines

(Week 3)

SUFFRAGE is...

Suffrage is the right and obligation to vote of qualified citizens in the election of public

officers

Suffrage encompasses not only the process of selecting public officers but also the

“expression of the choice of the people on a proposed law or enactment submitted to

them for decision”

VIEWS ON SUFFRAGE

1. A mere privilege – suffrage is not a natural right but merely a privilege to be given or

withheld by law.

2. A political right – suffrage enables a citizen to participate

SCOPE OF SUFFRAGE

When Suffrage may be Exercised

Suffrage is exercised not only during elections, but also during initiatives, referendums,

plebiscite, and recalls.

1. Election is the means by which the people choose their representatives who are entrusted

the exercise of the powers of the government.

- Means by which people choose their leaders

TYPES OF ELECTION

a. General Election - Are those held for the purpose of electing national and local officials

simultaneously

b. Local Elections - Those held for purpose of selecting officials in the region, provinces, cities

and municipalities

2. Initiative is the means by which people directly propose and enact laws, that is, they

initiate the law-making process.

- The process whereby the people directly propose and enact laws

3. Referendum refers to process by which the people ratify or reject a law or part thereof

referred or submitted to them by the national or local law-making body.

4. Plebiscite entails a process by which the people either ratify or reject an amendment or

revision to the Constitution.

- The vote of the people expressing their choice for or against a proposed law or

enactment submitted to them.

5. Recall is a mode of removing an incumbent official from office by a vote of the people
upon proper registration of a petition signed by the required number of qualified voters. In

all these instances, a qualified citizen can rightfully exercise suffrage.

The first fully national election for a fully elected legislative body was in 1907 for the

Philippine Assembly, the elected half of the bicameral Philippine Legislature during

the American Colonial Period.

Suffrage is the right and obligation to vote.

It is a political right conferred by the Constitution empowering a citizen to

participate in the process of government which makes the State truly democratic

and republican.

Section 1, Article V, however, provides that “suffrage may be exercised...” thus,

making it non-mandatory.

Failure to exercise such right is not punishable by law, but nonetheless makes a

citizen irresponsible.

In other words, suffrage is an obligation but a non-mandatory one.

TYPES OF SUFFRAGE

1. One man One Vote – under this provision every person is entitle to one and only one

vote. The voter can cast his vote for any candidate.

2. Single Transferable Vote – designed for multimember constituency. The voter

possesses only one vote, but he can make his priority like 1, 2, 3, etc., according to what

is required.

3. Plural Voting – Several qualifications are prescribed for the right to vote, such as

payment of property tax and education. A voter is entitled to one vote for every

qualification he possesses. If the person is educated, owns a property, and is a taxpayer,

he is entitled to three votes

4. Open Ballot – The voters raise their hands to support a candidate. Usually used in

legislative assemblies, when motions and bills are introduced and the speaker puts it for

voting

5. Secret Ballot – The voter casts his vote for a candidate without the knowledge of
another person.

ARTICLE 5: SUFFRAGE

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified

by law, who are at least eighteen years of age, and who shall have resided in the Philippines for

at least one year, and in the place wherein they propose to vote, for at least six months

immediately preceding the election. No literacy, property, or other substantive requirement shall

be imposed on the exercise of suffrage.

1. Suffrage is an attribute of citizenship, and therefore aliens cannot exercise the

same.

2. Reason for Lowering the Voting Age. The voting age was lowered down from 21

to 18 years old to broaden the electoral base. If the voting age is 21, then only a

small percentage of the total population of the Philippines can vote. Moreover,

according to psychologists, 18 to 21 year-old Filipino youth, living in urban or rural

areas, have the same political maturity.

Suffrage can be found in our 1987 Philippine Constitution.

It can be found in Article 5. In this part, we will discuss the

Article 5.

Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot

as well as a system for absentee voting by qualified Filipinos abroad

The Congress shall also design a procedure for the disabled and the illiterates to vote without the

assistance of other persons. Until then, they shall be allowed to vote under existing laws and such

rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

ABSENTEE VOTING

Because of the phenomenon of “Filipino labor explosion overseas,” the so-called

“absentee voting system” is mandated by the Constitution to be provided for, or

legislated, by the Congress.

Section 2, Article V states, “The Congress shall provide... a system for absentee voting

by qualified Filipinos abroad.”

If the Election is removed, then the Philippines is no longer democratic and

republican. This is why the Constitution mandates the Congress “to provide a

system for securing the secrecy and sanctity of the ballot.” Thus, to secure the

very essence of Philippine democracy and to protect the illiterates and disabled

from being disenfranchised, the Constitution also provides that “The Congress

shall also design a procedure for the disabled and the illiterates to vote without the

assistance of other persons. Until then, they shall be allowed to vote under existing

laws and such rules as the Commission on Elections may promulgate to protect

the secrecy of the ballot.”

3. No Additional Substantive Requirement. It encourages the “participation” and

“equalization” of the privileges and rights of the people. Being democratic and

republican, the State endeavors for the establishment of a wide base of electoral

involvement by the people, not only by the rich minority who joy the privilege of

formal education, but also by the poor majority who are usually unlettered because

of poverty. It must also be emphasize that there is no direct relationship between

education or property, on the one hand, and capacity for intelligent voting, on the

other, in that even a rich and highly educated person may initiate and be swayed by

sham elections.

4. Explanation of Residency Requirement. For example, if a Filipino citizen works

abroad to look for greener pastures, but still has the “intention to return” to the

Philippines, he can still exercise his right to vote since his domicile is still in the

Philippines. On the other hand, temporary residence only requires the intention to

reside in a fixed place. To be familiar with the needs of the locality, a voter must

reside therein for at least six months immediately preceding the elections. This is
requirement for both national and local elections. In here, since residence can also

mean temporary residence, one can vote in either his locality of permanent

residence or locality of temporary residence during local or national elections. For

example, Pedro is domiciled in Tuguegarao City and is a registered voter therein.

But he is working in Manila for more than six months already, has established a

temporary residence, and is likewise a registered voter there. Under the law, he

can vote in Tuguegarao city since he is a permanent resident of the place or in

Manila since he has a temporary residence there.

For as long as they are qualified, overseas Filipino workers can still participate in

elections despite their temporary absence in the Philippines.

While residency is a voting requirement, it must not be a reason for disenfranchising

thousands of Filipinos abroad whose hearts are still with the Philippines.

DIVIDED INTO TWO TYPES:

A. Overseas Absentee Voters

1. Refer to Filipinos residing abroad

2. They are eligible to vote on national positions only

3. Overseas absentee voters may vote in Philippine embassies and consulates, and voting

begins as early as a 4 months prior to the election

4. The voting can be as long as 6 months in very few situations

B. Local Absentee Voters

Includes people who are working during election day like:

1. Soldiers

2. Policemen

3. Government employees

4. Media practitioners

Persons Disqualified to Vote

1. Those who have been sentenced to suffer imprisonment for not less than one year
2. Those who have committed any crime involving disloyalty to the government such as

rebellion and sedition

3. Those declared as insane or incompetent persons

The Voting Process

1. Once a registered voter finds his/her name in the voters’ list and locates the correct

precinct he may queue in line for the distribution of the ballot.

2. Voters have to write the names of the candidates next to the positions in which they are

running.

3. COMELEC-approved nicknames maybe used by the voters in writing the names. After

the polling period ends, the Board of Election Inspectors counts the ballots by hand.

4. The election returns will now be sent to the city or municipal Board of Canvassers,

political parties and other group

1. Plurality Electoral System

- The candidate who gets the highest vote is declared the winner regardless if they had

the majority or not.

2. Majority Electoral System – winner must get at least 50% + 1 vote

3. Proportional Electoral System – People vote for parties and each party will be given the

same percentage of positions in the government as the percentage of votes they garnered

during the election.

PARTY SYSTEMS

Party System- Referred to as the interactions of political parties with each other.

This is the system wherein the major political parties alternate with each other in the

exercise of political power.

1. Organize the Competition

2. Parties help unify the electorate and moderate conflict, at least within the party.

3. Inspire and inform voters

4. Provide loyal opposition

5. Help govern

6. Nominate candidates and ensure candidate quality

The Omnibus Election Code has the following provisions that define political party

functions during elections:

◉ Parties must be furnished a copy of Comelec directives and orders in pursuant to the

provisions of the Omnibus Election Code (Article VIII)

◉ Parties must be provided guidelines for campaign spending (Article X)

◉ Parties must limit their spending to P1.50 per voter for each candidate (Article X Section

101 )

◉ The two major parties shall have a representative each in the board of election inspector

in every precinct (Article XIV) and board of canvassers

◉ All parties can have a watcher in every polling place (Article XV)

◉ Parties may hold party conventions or meetings to nominate their official candidates 30

days before the campaign period and forty days for presidential and vice-presidential

candidates (Article X)

◉ Parties should be notified by the Comelec before the printing of emergency ballots

(Article XVI)

◉ The two major parties may send representatives to verify the content of ballot boxes and

shall be given a copy of the statement of election result (Article XVI)

◉ Parties may raise a pre-proclamation controversy, i.e., any question pertaining to or

affecting the proceedings of the board of canvassers (Article XX)

Civil Society and Social Movements in the Philippine Politics

(Week 4)

There are many types of CSOs in the country, but the more important types are people’s

organizations, development NGOs, and cooperatives.

1. People’s organizations are membership organizations representing marginalized groups and

often organized based on sector, issue, or geographical area.

2. Development NGOs act as intermediate agencies and institutions that typically operate with a

full-time staff complement and provide a wide range of services to primary organizations,

communities, and individuals.

One of the most enduring, indeed revered, images of the civil rights movement is of

Dr. Martin Luther King Jr. addressing a crowd of more than 250,000 people on the

Washington Mall from the steps of the Lincoln Memorial. King was joined by

thousands of protesters from across the nation participating in the March on

Washington for Jobs and Freedom in August 1963.

King delivered the stirring keynote speech extemporaneously. The backdrop of the

Lincoln Memorial dramatized the fact that a century after the Emancipation

Proclamation had been signed, freeing the slaves, blacks were still crippled by

segregation and discrimination. King uttered the famous words, “I have a dream that

one day this nation will rise up and live out the true meaning of its creed: ‘We hold

these truths to be self-evident, that all men are created equal.’”

The speech was covered on television in its entirety and received widespread attention

in newspapers and magazines. The image of King, arm extended and head held high,

addressing the crowd marks a memorable moment in our nation’s history and has

come to symbolize the civil rights movement and its leaders. It has been replicated in

history books and popular films, like Forrest Gump.

3. A cooperative is an association of persons who have voluntarily joined together to make

“equitable contributions to the capital required, patronizing their products and services and

accepting a fair share of the risks and benefits of the undertaking in accordance with universally

accepted cooperative principles.”

CSOs in the Philippines engage in a broad range of activities, the most common being in

a. education, training, and human resource development;

b. community development;

c. enterprise development and employment generation;

d. health and nutrition;

e. law, advocacy, and politics;

f. Sustainable development.

The Legal Framework for Civil Society

The 1987 Constitution of the Philippines, forged and shaped in the aftermath of the 1986 People

Power Revolution, clearly recognizes participation and empowerment, including the important

role of CSOs.

This may be seen in several provisions of the Constitution, most prominently in the following:

1. Article II, Section 23: “The State shall encourage non-governmental, community-based, or

sector organizations that promote the welfare of the nation.”

2. Article XIII, Section 15: “The State shall respect the role of independent people’s

organizations to enable the people to pursue and protect, within the democratic framework, their

legitimate and collective interests and aspirations through peaceful and lawful means.

3. Article XIII, Section 16: “The right of the people and their organizations to effective and

reasonable participation at all levels of social, political and economic decision-making shall not

be abridged. The State shall, by law, facilitate the establishment of adequate consultation

mechanisms.”

4. Many laws also recognize and promote CSOs and their role in the development of the

country. Among the most important is the Local Government Code (LGC) of 1991.

The LGC devolves authority, assets, and personnel of various national government

agencies to LGUs to provide primary responsibility for basic services and facilities.

It is worth noting that political activism takes on a larger role for Filipino CSOs than

elsewhere. Indeed, CSOs played major roles in achieving Filipino independence

from the Spanish and the Americans, in toppling the Marcos regime, and in ending

the administration of President Joseph Estrada

It is difficult to put a definite number to all the CSOs in the country, partly because

many are unregistered, but also because there is no single official and updated
database on those that register with government agencies. In addition, studies

that attempt to count civil society groups use various definitions and may therefore

include or exclude various types of CSOs. However, one of the latest and most

comprehensive studies puts the range of registered and non-registered CSOs at

249,000–497,000.5 It was estimated that 40% of these organizations were non-

registered.

It further provides for the participation of CSOs in local government planning and policy

making and in the delivery of social services.

The code mandates the formation of local development councils, which play a role in

local planning, and it also provides for the formation of other local special bodies,

including the local health and school boards, all of which must also have CSO members.

In addition, several administrative orders of the central government, implementing the

constitutional provisions and the LGC regarding public participation, require that all local

councils in all levels should be represented by various NGOs and people’s organizations

such as farmers’ cooperatives and fishers’ associations.

Another important law for CSOs is the Social Reform and Poverty Alleviation Act of

1997, which created the National Anti-Poverty Commission (NAPC), a coordination and

oversight body headed by the president of the country to ensure that social reform

addresses the basic inequities in Philippine society.

It is composed of the heads of 14 major government departments, the presidents of local

government leagues, and 14 basic sector representatives.

The 14 sector representatives are elected by and accountable to assemblies of sector

CSOs and their elected sector council.

Self-regulation has long been seen by many as a necessary ingredient to promoting

accountability and good governance among CSOs.

Philippine CSOs have been at the cutting edge of CSO self-regulation.

CODE-NGO, the largest coalition of development CSOs in the country, established the
Code of Conduct for Development NGOs in 1991.

It was the first CSO coalition to adopt a code of conduct in Asia, and probably one of the

first in the world. It is not legally mandatory for CSOs in the Philippines to register with

the government, and many people’s organizations and other small organizations do not

do so.

However, only registered organizations gain a legal status that permits them to enter into

contracts and open a bank account.

There are FOUR GOVERNMENT AGENCIES that provide primary registration, which gives a

legal or juridical personality to a CSO:

1. Securities and Exchange Commission (SEC),

2. Cooperative Development Authority (CDA),

3. Department of Labor and Employment (DOLE)

On the other hand, the CDA registers various types of cooperatives that may

include savings and credit cooperatives, consumer cooperatives, marketing

cooperatives, and multipurpose cooperatives.

On the other hand, the CDA registers various types of cooperatives that may

include savings and credit cooperatives, consumer cooperatives, marketing

cooperatives, and multipurpose cooperatives.

The DOLE registers labor unions, labor federations, and rural workers’

associations in accordance with the Labor Code of the Philippines.

Many types of CSOs register with the SEC, including development NGOs, people’s

organizations, farmers’ associations, athletic and sports associations, social

welfare organizations, and civic clubs.

4. Housing and Land Use Regulatory Board (HLURB).

Philippine politics and the struggle for genuine social change are best demonstrated through the
country’s social movements. Social movements have been making mark in our history since the

colonial period up to the present time. In general (Colas, 2002),

SOCIAL MOVEMENTS

 “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.

 Social movements are called “social” because they intend to bring about change in the

society and “movement” because they have the capacity to mobilize or organize people

with common interest and goals. On the other hand, interest groups are not synonymous

with social movements.

EMERGENCE OF SOCIAL MOVEMENTS IN THE PHILIPPINES

a. Importance of Social Movements

Social movements might be attempting to create change (feminist movement),

resist change (anti-globalization movement), or to provide political voice to those

who are marginalized (civil rights movement). Hence, Social movements create

social change.

Social movements perpetuate because there is a need for change, there is always

a need for societies to change for the better or even worse. Social movements are

extremely prevalent.

The “movement” in social movement is a transformation in the habits, including

linguistic and basic domestic habits that shape our everyday lives. Social

movements are the key agents for bringing about changes within the society.

They are manifestations of social change.

They are the proof that our society is not stoic or stable, they flow; and social
movements are key currents within this flow.

The HLURB registers homeowners’ associations (HOAs) based on the Magna

Carta for Homeowners and Homeowners’ Associations.

At least five incorporators may organize and register a HOA.

II. Social Movements in Philippine History

a. Philippine Social Movements before Martial Law

Social movements throughout different periods of history follow a similar trend of how they

began and who led them.

The emergence of social movements is anchored in the chronic persistence

socioeconomic inequalities and social injustices.

During the Spanish colonial period, political resistance against the existing order was

expressed through the priest-led revolts and the millenarian movements. Their concerns

were framed within the context of their economic rights and for the former, the return of

communal autonomy.

The rise of principalia and ilustrado class, who have already economic power, wanted

political and social change through reforms.

The Revolution of 1869 led by the Katipunan, mainly represented by the farmers and the

working class, resorted to armed struggle to achieve Philippine independence.

In the American period, the persistent suppression of the peasants and the working class

gave impetus to the rise of socialist/communist movements.

The failure to address the socioeconomic roots of injustice and inequality in the

postcolonial period would witness the upsurge of the nationalist movement in the 1960s,

headed by the socialist/communist movements, against American and elite domination of

the economy.

b. Social movements during the Martial Law

During the Martial Law, social movements continue to perpetuate but this time they took

a different form on how they framed issues as well as the strategies they used.

The socialist/communist movements like the Communist Party of the Philippines or CPP
remained dominant. Still, social movements framed their context within the

socioeconomic inequalities and social injustice.

Martial law years were one of the darkest phases of the Philippine history.

The evils of Martial law and how the Filipinos triumphed against the dictator who took

them for granted were elaborated on the section about the importance of social

movements.

c. Social movements after the Martial Law up to the present administration

Social movements are reminders that poverty and socioeconomic equalities continue to

linger, not only in the Philippine society, but on other countries as well.

This can be explained of the continuing communist insurgency, which had been a pre-

Martial law phenomenon. Today, one can see students participating on the mobilizations

If social movements are for social change, why do we need change? Change itself

has no intrinsic value but it dictates the kind of society we live in. Heraclitus once

quoted that change is the only permanent thing in this world. All of us, even the

blind and deaf, see the prevalent societal ills like inequality and injustice.

Therefore, change is really essential.

A good demonstration of the significance of social movements would be the anti-

dictatorship movement and the People Power EDSA revolution during the Marcos

Regime. The inability of the authoritarian government to deliver on its economic

promises, particularly through the implementation of genuine agrarian reform

program, gave further impetus for the growth of social movements, particularly

the CPP-NPA. Military repression, chronic corruption, debt trap, and numerous

human rights violation aggravated the masses to stand against the twenty one

year dictatorship of Marcos.

SOCIAL MOVEMENT VS. INTEREST GROUP

A social movement is a loose coalition of groups and organizations with common goals

that are oriented toward mass action and popular participation and share the intention of

influencing the government.

Interest groups can be part of a social movement, and new interest groups may be

spawned by the activities of a broader social movement.

But interest groups are formal organizations, while social movements are coalitions of

many groups and individuals (Kollman, 2011).

FOUR KINDS OF SOCIAL MOVEMENTS.

1. GENERAL SOCIAL MOVEMENTS

- have a general direction.

- They are usually not very clear with their own goals.

- Notable examples of these are the labor movement and the youth movement.

2. SPECIFIC SOCIAL MOVEMENTS

- have well-defined objectives.

- These are the reform and revolution movements.

3. EXPRESSIVE MOVEMENTS

- do not seek to change the institutions of social order or its objective character.

4. REVIVAL AND NATIONALISTIC MOVEMENTS

- Both of them idealize the past as a model for change.

Philippine Citizenship and Active Citizenship

(Week 5 - 6)

CITIZEN AND CITIZENSHIP

CITIZEN- member of the a democratic who enjoys full civil and political rights and

Is accorded protection inside and outside the territory of the state.

CITIZENSHIP- denotes membership of a citizen in a political society which

Membership implies reciprocally, a duty of allegiance on the part of the members and duty of

protection on part of the state.

B. Acquisition of Citizenship

a. Involuntary Method

1. Jus Sanguini (by blood)

By birth a.k.a Jus soli. (Latin: right of blood) is a principle of nationality law by which

citizenship is not determined by place of birth but by having one or both parents who are

citizens of the state.

2. Jus Soli (by land)

B. By blood a.k.a. Jus sanguinis. "right of the soil", commonly referred to as birthright

citizenship, is the right of anyone born in the territory of a state to nationality or citizenship

How did you attain your citizenship?

a. Voluntary Method

1. Naturalization

By Naturalization according to the Bureau of Immigration of the Philippines is the judicial act of

adopting a foreigner and clothing him with the privileges of a native-born citizen. It implies the

renunciation of a former nationality and the fact of embracing a new one.

C. ARTICLE IV: CITIZENSHIP

1987 Philippine constitution

SECTION 1.

The following are citizens of the Philippines:

[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;

[2] Those whose fathers or mothers are citizens of the Philippines;

[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship

upon reaching the age of majority; and

[4] Those who are naturalized in accordance with law.

SECTION 2.

Natural-born citizens are those who are citizens of the Philippines from birth without having to

perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine

citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born

citizens.

SECTION 3.

Philippine citizenship may be lost or reacquired in the manner provided by law.

INVOLUNTARY

A. By cancellation of the certificates of naturalization;

B. By having been declared by competent authority, a deserter of the Philippine armed forces in

time of war, unless subsequently, a plenary pardon or amnesty has been granted

Who are Filipinos?

SECTION 4.

Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or

omission, they are deemed, under the law, to have renounced it.

Republic Act No. 8171, approved 23 October 1995, provided a mechanism allowing Filipino

women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos

who have lost their Philippine citizenship, including their minor children, on account of political or

economic necessity, to reacquire Philippine citizenship

SECTION 5.

Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

Dual Citizenship

E. Discussing new concepts and practicing new skills #2

ACTIVITY 4: QUICK-QUICK TALK

Answer the following questions. Write your answer on your answer sheet.

1. What is Dual Citizenship?

2. What are the consequences and advantages of Dual Citizenship?

3. Cite some Philippine personality and celebrities that you know which possesses dual

citizenship, and in a short narrative explain how they were able to acquire it?

DUAL CITIZENSHIP

A dual citizen by birth is a natural born Filipino born in a foreign country allowing/accepting dual

nationality/dual citizenship; thus all that person (or parent/s of the person) needs to do is report

the birth.

Republic Act 9225 (RA 9225) or the Citizenship Retention and Re-acquisition Act of 2003

(more popularly known as the Dual Citizenship Law) approved 29 August 2003

A. provided that natural-born citizens of the Philippines who had lost their Philippine citizenship

by reason of their naturalization as citizens of a foreign country

B. would be deemed to have re-acquired Philippine citizenship upon taking an oath of allegiance

to the Republic,

C. that their children whether legitimate, illegitimate or adopted, below eighteen (18) years of

age, shall be deemed citizens of the Philippines,

D. natural born citizens of the Philippines who become citizens of a foreign country subsequent

to its enactment would retain their Philippine citizenship upon taking the oath

E. Upon reacquiring Philippine citizenship, the citizens shall enjoy full civil and political rights as

Filipinos, subject to certain conditions.