Sample Works

FINAL PAPER IN COMPARATIVE ANALYSIS (POLITICAL SCIENCE)
1. Do you think that the administration has the capacity to push for systemic and
structural reforms? Why or why not?
For the past months that Duterte has been the president of the Philippines, people may come in to
conclusion that he is a type of president who are relentlessly pursuing radical change, not that the
past presidents of the Philippines have not fully expressed changes in their term, however Duterte’s
approach in pursuing change is somehow different from the prior presidents. Duterte, amidst the
people’s judgment that he has filthy mouth and has no respect for women yet he is most likely to
be “one of the very best presidents” (Tayao, 2016)1
Despite of the people opposing the manner by which Duterte practices his powers as the President
of the Philippines, he remained the popular one and “if there's any reason why this president
remains popular and supported by many, particularly the ordinary folks, is precisely because this
administration has addressed right then and there the most basic of services that the people expect
from the government” (Tayao, 2016)2 People see Duterte as one of them for he is transparent and
talks to them like he is one of the people. He regards himself not as the highest individual for he
is leading the Philippines but he regards himself as an ordinary citizen and that leave an impact on
the side of the people.
Citizens of the Philippines are cognizant of what Duterte has been discussing since the election
period- direction of his leadership and his plans for the country, including his opinion on changing
the form of government from presidential to parliamentary.
The question is regardless of what Duterte is known for, does his administration has the capacity
to push systemic and structural reforms? Yes, I think so.
To answer the main question, I relied three characteristics of Duterte and his administration to
explain my answer and everything will be concluded at the end.
1
Merez, Arianne. (2016). ABS-CBN News. Retrieved from http://news.abs-cbn.com/focus/10/06/16/amid-
criticism-duterte-poised-to-be-one-of-the-very-best-presidents
2
Merez, Arianne. (2016). ABS-CBN News. Retrieved from http://news.abs-cbn.com/focus/10/06/16/amid-
criticism-duterte-poised-to-be-one-of-the-very-best-presidents
First, President Duterte itself is in fact unpredictable. Why unpredictable? We are aware that
Philippines has the best relationship between other countries such as United States of America.
We have not predicted that Duterte will slam the door to shut off President Obama and said things
such as “Instead of helping us, the first to criticize is this State Department, so you can go to hell,
Mr. Obama, you can go to hell”3 that gave misunderstanding on the relationship of both countries.
We also have not expected that Duterte will be “friends” to China considering the issue of South
China Sea Dispute. Days after the favoring result of the South China Dispute to the Philippines,
Duterte visited China and had a talk to their president Xi Jinping and according to the Vice Foreign
Minister Liu Zhenmin, the visit signifies the recovery of China-Philippine friendship back to
normal level. 4
People expected Duterte to not consider Robredo in his cabinet because of having some differences
when it comes to their party and of course principles that they hold yet little did we know that
Robredo would be a part of his cabinet as chairperson of HUDCC. 5 When it comes to the internal
decision making such as the issue of Duterte and his vice president Leni Robredo that apparently
he does not want Leni to attend cabinet meetings that lead to the resignation of Robredo from his
cabinet as Chairperson of the Housing and Urban Development Coordinating Council (HUDCC).
The main point that I want to imply here is that Duterte can make all impossible possible in his
term as the President of the Philippines. His unpredictability shows that people cannot read or even
predict his movement as well as his future decisions in leading the Philippines in to a country of
change. It might be impossible to change the form of our government from presidential to federal
in the little amount of time therein but with Duterte being the unpredictable president we have, one
day, we will be surprised that the Philippines is already on its way to Federalism.
Second and third argument is somehow interconnected with each other. Second argument pertains
to the strong political will that Duterte imposes in his administration. And with that, there will be
3
Durando, J. (2016). Philippines President Duterte tells Obama “go to hell”- USA Today. Retrieved from
http://www.usatoday.com/story/news/world/2016/10/04/duterte-tells-obama-you-can-go-to-hell-/91549588/
4
Ranada, P. (2016). Duterte visit marks ‘full recovery’ of PH-China ties- Rappler. Retrieved from
http://www.rappler.com/nation/149830-duterte-state-visit-full-recovery-philippines-china-relations
5
Vitug, Marites. (2016). Duterte’s decision-making unpredictable- Rappler. Retrieved from
http://www.rappler.com/rappler-blogs/139054-duterte-decision-making-unpredictable
1
a small presence of opposition to Duterte’s administration and that would be the third argument of
this paper.
To begin with, the strong political will that would enable the administration of Duterte to fulfill its
aim towards Federalism. According to the statement released by the Malacañang, President
Duterte’s display of strong political will is just a firm response to the issues of the times and not a
sign of a looming dictatorship. 6 Some coalitions are in deep thought on how President Duterte
assert his strong political will in order to make our country in peace and order. Certain instances
that lead to the conclusion that President Duterte is reliving the dictatorial regime of Marcos.
The State of Lawlessness or the State of Lawless Violence that was declared by President Duterte,
Saturday, September 3 of last year. He declared the State of Lawlessness after the Davao Bombing
incident. It was in his intention to declare this state of lawlessness to counter terrorism and
strengthen the campaign against illegal drugs. Citizens thought that it was supposed to be in Davao
only since the terrorists who planted the bomb only targeted Davao City. Citizens were shocked
when President Duterte declared it as nationwide. Citizens without knowing the real definition of
State of Lawlessness already made up their opinion regarding this. That this is the first step of
Duterte before declaring Martial Law. Legally, it has no significance. It is not Martial Law; it is
not a declaration of a revolutionary government. It does not give government any added right. It
does not suppress civil liberties. It does not legitimize the questionable methods of government in
killing persons in its intensified and brutal campaign against the illegal drug trade. It is just plain
notice to citizens that a state of lawlessness exists in the country — if they do not know it yet.7
The State of Lawlessness intends that more military men and policemen are everywhere to
suppress lawlessness. This means that they will be deployed in vital areas, government will set up
more checkpoints, and they will impose curfew if needed.
Another instance is the campaign against drugs of Duterte’s Administration. It is made possible
with the help of his team especially the PNP Chief Bato Dela Rosa. The imposing of strong
6
Pres. Duterte displaying strong political will, not dictatorship (2017). Manila Bulletin. Retrieved from
http://news.mb.com.ph/2017/02/16/pres-duterte-displaying-strong-political-will-not-dictatorship-palace/
7
Adaza, H. (2016). State of Lawlessness: Prelude to Martial Law? – Manila Times. Retrieved from
http://www.manilatimes.net/state-of-lawlessness-prelude-to-martial-law/284566/
2
political will and desire to eradicate the outgrowing problem of drug-related crimes in the
Philippines.
On the brighter side, imposing of strong political will seems to inspire local government leaders
to act as public officials with authority and strong will.
Furthermore, the strong political will that Duterte has also imposes small percentage of opposition
present in his administration. From the moment he won presidency, “expected mergers of various
political parties in support of the administration of incoming President Rodrigo Duterte will work
for as long as his hold on power remains strong” (Tayao, 2016)8 and with such unexpected turn of
events Duterte is expected to achieve majority of the legislative.
From this, we can conclude that having a political will and small percentage of opposition will
make it possible to push through structural and systemic reforms for “any President cannot pursue
any reform, any measure without the support of the legislature” (Tayao, 2016)
In the end, recent administration of Duterte is more likely capacitated when it comes to pushing
the systemic and structural reforms of the Philippines for the reasons that President Duterte is
unpredictable, Duterte imposes strong political will, and resulted with small percentage of
opposition in his administration making it really possible to adopt reforms.
8
Alliances will work for ‘strong’ Duterte. (2016). Manila Times. Retrieved from
http://www.manilatimes.net/alliances-will-work-for-strong-duterte-analyst/263590/#
3
2. Hybrid (Semi-Presidential Form of Government)
We already answered the question of does the current administration has the capacity to push a
systemic and structural reforms? Then in this paper, the answer is yes. Citizens primarily voted for
Duterte because they wanted change that somehow they did not experienced from the presidents
prior to Duterte’s administration. Now that Duterte is the president of the Philippines, radical
change is now possible as of this moment.
Debates pertaining to what form of government is the best for the Philippines structure and system.
Albeit being in a Presidential form of government, people are getting exhausted of the messed up
job that people from the government are currently doing that can affect political, foreign, and
economic relationships locally and internationally. They think that problems occurring to the
Philippine government has something to do with the form the Philippines are in to- Presidential
form.
However, neither Presidential nor Parliamentary has downside to deal with. That is why some
analysts proposed this form of government as an alternative that can be give an imperative change
in the Philippines.
The systematic theory of semi-presidential system of government was first developed by French
renowned politician and constitutionalist Maurice Duverger.9 This type of form of government lies
midway between Presidential and Parliamentary. “It has emerged as an attempt to address
inadequacies of both systems.” 10
The semi-presidential system is “a form of government in which a directly elected president shares
executive power with a prime minister and government appointed by, and serving with the
continuing confidence of, a democratically elected legislature. The system is characterized by two
sites of executive power, each with a separate electoral mandate.” (Choudhry & Stacey, 2014) 11
9
Semi-Presidential System of Government in the Republic of Armenia. (2014). Retrieved from
http://civilngo.com/en/
10
Systems of Government: Semi-Presidential Models. (2012). Retrieved from
http://constitutionaltransitions.org/wp-content/uploads/2014/06/SEMI-PRESIDENTIAL-GOVERNMENT1.pdf
11
Semi-Presidential Government. (2014). The Center for Constitutional Transitions at NYU Law. Retrieved from
4
Another question to be answered is why Semi-Presidential? What are the advantages and
disadvantages of this hybrid form of government? And where does this hybrid form of government
promises?
In semi-presidential system is consist of the President, Prime Minister, and a cabinet subject to
assembly of office. The manner by which the people get to elect and vote who will be the president
is just the same on what we are currently practicing in Presidential form. However, the way that
semi-presidentialism has Prime Minister and the assembly that will be the legislative.
One of the countries who practiced the Semi-Presidentialism and somehow pushed it properly was
France.
The government of France is a semi-presidential system which follows the fifth republic of French
Constitution. Their government is divided into a legislative, judicial, and executive. The Prime
Minister shares the executive powers with the President. Parliament is consist of the Senate and
National Assembly. The members of constitutional council are appointed by the president of
national assembly, the president of the senate, and the president of the republic. Both the President
and the members of the legislative are elected by the people. The president has the right to elect
the prime minister, rules over the cabinet, and gives instruction to the armed forces as well as
having the degree of executive powers. The head of the government is the prime minister which is
appointed by the president has highest number of executive powers. 12
We have now learned what semi-presidential is. The question is why semi-presidential? Why
chose the hybrid form of government?
I made use of three arguments to explain why semi-presidentialism must be adopted by the
Philippines.
First is, it separates “representing” functions to “running” the country functions. The representing
functions involves the meetings with other heads of the state, victims of national disasters, making
cheerleading speeches for the party, and many more diplomatic and international agendas whereas
12
The Semi-Presidential System In France Politics Essay. (2015). UKEssays. Retrieved from
https://www.ukessays.com/essays/politics/the-semi-presidential-system-in-france-politics-essay.php
5
the running of the country functions involve the domestic and economic policy that needs to be
focused on.
In the Philippines, all of these works are for the president only. It can be done also by the Vice
president if the President weren’t there or has something to do. From meetings, to attending
important parties, and approval of laws, planning of economic policies and domestic laws, defense,
and foreign policies are all for the president’s responsibility. With adopting semi-presidential form
of government there will be the division of work that president and prime minister can focus on.
And I think, that would be beneficial on the part of the president and prime minister, the more their
works are clearly defined, the easier to know how and what are the things to fulfill.
Second, Prime Minister, head of the government, is not directly elected by the people. Having a
prime minister not directly elected by the people, who are poor in exercising their votes as citizens.
People is notoriously poor in deciding who they will vote for a certain position. Here, in the
Philippines, parliamentary cannot be done for it can deny the norms that the people conforms to
for a very long time- they get to vote every six years, every three years to choose for the
government official that will serve them. One of the reasons that parliamentary cannot be adopted
in to the Philippines is that it would change the norms that the people were doing for a very long
time. It is like removing of powers and legitimacy to the people of the country if they will not vote
for the president. So here in semi-presidential form, people get to choose the president, which
adheres to the norms of the citizens however, the one that they voted is the one to choose prime
minister which is crucial because of its responsibilities.
In line with this, one of the institutional feature of semi-presidentialism is a directly elected
president who shares executive power with a prime minister and government accountable to an
elected legislature. (Choudhry, et al.)
Where the president dominates the appointment of the prime minister and the rest of the
government, the president may be able to ensure that the prime minister and government are loyal
to the president or ideologically aligned with the president’s political program. The French
6
President has the exclusive power to appoint the Prime Minister, although the legislature retains
the power to dismiss the Prime Minister and government through a vote of no confidence. 13
Third, the presence of a dual power holders allows some degree of power-sharing between
competing parties and avoids winner takes all scenarios. They say, “Two is better than one” having
two power holders is not bad in the development of policies towards achieving the goals for the
Philippines. Having both president and prime minister can result to good governance.
On the contrary, of course, semi-presidentalism albeit provides for the inadequacies of both
presidentialism and parliamentary, also do have downfall.
First is that semi-presidential form of government cannot be adopted by those states which has
strong presidents. Having strong president is crucial because he is the one to choose for the prime
minister, and we all know that he will choose someone who he knows is loyal and can be trusted.
If adopted in the Philippines under Duterte’s administration, problems will arise. It will produce
biases when it comes to the decisions made by the prime minister. We all know for a fact that
President Duterte imposes strong political will, and by that, he is able to do everything he wants
to do from the beginning of the time. He does not care who and what, as long as it I for the common
good and for the peace and security of the country. However, if uncontrolled can lead to the
President controlling the Prime Minister.
Second, conformity. Prime Minister and President having different sets of principle and perception
towards life could produce problems. For an instance, “In France this gridlock can occur between
the prime minister and the president when they are from opposing parties. This as mentioned
previously is known as cohabitation and poses the risk of a constitutional crisis and political
stability. Gridlock is a result of the "dual leadership," having dual legitimacy where both the
president and prime minister, disagree over state legislation. This form of gridlock is comparable
to the American presidential system where the president and the legislature can reach a
stalemate.”14
13
Semi-Presidential Government. (2014). The Center for Constitutional Transitions at NYU Law. Retrieved from
14
Advantages and Disadvantages of mixed-presidential systems. (2015) UKEssays. Retrieved from
https://www.ukessays.com/essays/politics/advantages-and-disadvantages-of-mixed-presidential-systems.php
7
Semi-presidential form of government has a lot of potential to help Philippines in terms of
achieving good governance, achieve goals that can develop the country in terms of political,
economic, and foreign matters. Having both the president and prime minister is a big factor
towards achieving all these. However, at the end of the day, it will not be always the system’s
fault, sometimes it can be the people’s fault for choosing the wrong person that cannot do his job
in the best way possible.
FINAL PAPER IN SPECIAL PROCEDURE (JURID DOCTOR)
I.
In a country where white-collared jobs are given importance than blue-collared jobs but
also a country that has no sufficient expenditure to spend in the education sector, poverty among
the population will easily rise for there is no employment to work for because of lack of education.
In the data given by the Philippines Statistic’s Authority, the full year 2018 poverty
incidence among the population, or the proportion of poor Filipinos whose per capita income is
not sufficient to meet their basic food and non-food needs were estimated at 16.6 percent. This
translates to 17.6 million Filipinos who lived below the poverty threshold estimated at 10,727
pesos, on average, for a family of five per month in 2018.15 Since families belong to the poverty
line have a bigger chance that they do not know what is last will and how it is done or how does it
work, members who die have also the bigger chance of not having last will.
Under the Philippine laws, Succession may be classified into three, namely: Testamentary,
legal or intestate, or mixed.16 Testamentary succession is that which results from the designation
of an heir, made in a will executed in the form prescribed by law.17
15
Philippines Statistic’s Authority. 2018 Report on Poverty and Subsistence Incidence Among population: 2015 and
2018.
16
Article 778, New Civil Code
17
8
It is imperative to determine factors to consider whether to make a will or not.
In making a will, first of, the assets like the savings, investments, property owned, and the
like. The assets will help determine where to file the probate of the will as well as the venue of the
case. Its gross value. Within Metro Manila, if it exceeds 400, 000 pesos, it is in the jurisdiction of
the Regional Trial Court (RTC), and if it does not, it is in the jurisdiction of the Metropolitan Trial
Court (MTC). Outside Metro Manila, the gross value is lower, which is 300,000 pesos, if it
exceeds, then it is within the RTC, if it does not, MTC, Municipal Trial Court (MuTC), Municipal
Circuit Trial Court (MCTC). It also needs to be emphasized that the court with whom the petition
is first filed, must also first take cognizance of the settlement of the estate to exercise jurisdiction
over it to the exclusion of all other courts.18
Second, the residence of the decedent because it will primarily determine the venue of the
case however, it is not an element of jurisdiction. In the case of Fule, vs. CA, this case answers the
question of what constitutes the venue. Is it the residence or the domicile? In this case, the court
ruled that it is the last residence of the deceased at the time of his death. 19 Residence defined as
the bodily presence, as an inhabitant; more than temporary. Under Section 1, Rule 73, it provides
that the venue to settle the estate of the decedent would depend on whether the decedent is an
inhabitant whether a citizen or alien of the Philippines or if he is an inhabitant of a foreign country
having a real estate here in the Philippines. If the decedent is an inhabitant of the Philippines at the
time of his death, whether he be a citizen or an alien, his will shall be proved or letters of
administration be granted and his estate is settled in the RTC in the province in which he resides
at the time of his death. If he is a foreign inhabitant, it is in the province in which he had an estate.
It is also important to know that if the decedent made a will, upon his death it must be
probated. Probate is the act of proving in the court a document purporting to be the last will of a
certain deceased person for its official recognition, registration and carrying out its provision in so
far as they are under the law, thus mandatory. 20 This is where the process begins. If the decedent
has left a will, it must be mandatorily probated because it won’t take effect and carry what was
written in it if it is not allowed by the court, therefore, the partition cannot take effect. An executor,
18
Cuenco vs. CA, GR No. L-24742, October 26, 1973
19
GR No. L-40502, November 29, 1976
20
Festin, Gemy Lito L., Special Proceedings. 2015. Rex Bookstore. Page 39
9
devisee, or legatee named in the will may at any time after the death of the testator file for a petition
to allow the will. An interested party is the one who could be benefited by the estate such as an
heir or one who has a claim against the estate like a creditor
This process may take longer than expected because of interested persons filing an
opposition thereto on the ground that the court has no jurisdiction for the reason that publication
requirement has not been met or the will have not been presented in the court. The hearing will
take place to cater to the issues presented in the court.
However, the probate court is limited to take issues about the probate of the will. The
general rule is that probate court relates only to matters having to do with the settlement of the
estate and probate of the will of the deceased person but does not extend to the determination of
questions of ownership that arise during the proceedings because probate court is a court with
special and limited jurisdiction. This is with an exception that if the question of ownership is to
determine whether or not a property should be included in the inventory. This case is incidental
and provisional.21
Third, the beneficiaries, who are the possible legal heirs of your family. In making a will,
it is important to know who will be instituted as an heir. Institution of an heir is an act by virtue of
which a testator designates in his will the person or persons who are to succeed him in his property
and transmissible rights and obligation.22
It must be remembered that an heir is a compulsory heir classified into three, namely:
Primary heir, secondary heir, and concurring heirs. In line with this, it is also significant to consider
who will be the named executor in the will, again in this process, it may take longer than expected
because other families will oppose on to the decision of the testator prompting for the appointment
of a special administrator because of delay in granting letters of testamentary.
The fourth factor is the foreign property of the family. When the testator has properties in
a foreign country or the testator is a foreign national but has a property in the Philippines and his
will was probated in a foreign country, his will is not automatically adopted under Philippine
jurisdiction. It needs to be re-probated for the reason that our courts do not take judicial notice of
21
Pacioles vs Chuatoco-Ching, GR No. 127920, August 9, 2005
22
10
foreign law. In the case of Vda. De Perez vs. Tolete, provides for the evidence necessary for the
will probated in the foreign country be re-probated under Philippine jurisdiction, those are; (a) the
due execution of the will in accordance with the foreign laws, (b) testator’s domicile is in the
foreign country, (c) the will has been admitted to probate, (d) the foreign tribunal is a probate court,
and (e) provide for the law of a foreign country on procedure and allowance of wills.23
If under these factors, the decedent has none, then he does not need to have a will per se.
The law gave them two options: first, is the extrajudicial settlement. Under the law, if the decedent
has left no will, no existing debts, and the heirs and legatees are all of age, or the minors are
represented by their guardians, the parties by themselves may easily divide the estate among
themselves through a public instrument that must be filed in the office of the Register of Deeds or
through an ordinary action of partition. The second option is a summary settlement of the estate of
small value. This option is available for the decedent and his family members, whether he died
intestate or testate if the gross value of the estate is ten thousand pesos or less.
With all this information, having a last will does not work for those who are in the poverty line
who are barely surviving with their everyday lives. It is not a crucial decision for them to make a
will because in the first place there is no decision to make. Nonetheless, the ones who are lucky
enough to have properties, real or personal, and have a gross value of more than ten thousand
pesos, may be advised by their lawyers to have their will written for the better partition of their
estate especially if the testator's family is big and all has an interest in the property. Having a will
means the parties intended to undergo such a proceeding for the right partition of the property. It
means waiting for a longer time just to feed their rightful interests. The families in the poverty line,
which somehow comprises the poverty rate of our country, cannot afford such jungle of waiting
and spending another money just for an inheritance when they can easily partition such without
judicial intervention, or partition nothing.
**End**
23
GR No. 76714, June 2, 1994
11
1500 words.
12
II.
Habeas Corpus has its origin from England to the United States of America (USA). Habeas
Corpus has Anglo Saxon beginnings. The Philippines was known to have been conquered by the
United States, so the latter introduced habeas corpus in the Philippines at the same time that it
transplanted its concept of democracy. Gen. Arthur MacArthur was said to be personally
responsible for doing so. As Military-Governor, he incorporated it into the Philippine Bill of 1902
which governed the military government. The writ was carried over into the Jones Law of 1916
and guaranteed as one of the individual rights in the Bill of Rights of the 1935 Constitution of the
Philippines.24 Up until this time, the 1987 Constitution grants the remedy of Habeas Corpus.
It was a remedy against an arbitrary government. Originally cherished as a protection

against an oppressive government, and also became a remedy for those unlawfully restrained by
public officials. The Writ of Habeas Corpus is a writ directed to the person detaining another and
commanding him to produce the body of the prisoner at a certain time and place with the day.25 It
has two-fold purposes, namely: to produce the body and to determine the legal basis of such
detention.
The purpose of producing the body is connected to the fact that the Philippines experienced
a tyranny that was brought by a dictator, the late President Ferdinand Marcos, wherein during his
regime people are missing without any trace, especially those who are against his administration.
In a petition for Writ of Habeas Corpus, the judge or the court shall first inquire whether the
petitioner is restrained of his liberty. When it is found that the petitioner is actual and effectively
restrained of his liberty or actual and physically restrained of his movement and liberty, and it is
also found out that the reason behind the restraint is illegal or unlawful, the writ should be
granted.26 It has an extended scope for cases by which the rightful custody of a person or minor is
withheld from the person entitled thereto.27 However, Habeas Corpus is not proper when the wife
24
The Writs of Habeas Corpus and Amparo: A comparison of remedies against the menaces of state power. Cheryl
L. Daytec.
25
Festin, Gemy Lito L., Special Proceedings. 2015. Rex Bookstore. Page 203
26
Gonzales vs Viola, GR No. 43195, August 23, 1935
27
Tijing vs CA
13
files it to compel her husband to live with her in conjugal bliss.28 It is a matter beyond the court’s
jurisdiction and shall remain in the hands of husband and wife.
Since it is also constituted to fix the status of a person, its nature is like a proceeding in
rem. There is no real plaintiff and defendant.29 It is not a writ of error. When all goes wrong, this
writ is not the remedy, instead, use certiorari or appeal. It cannot be used to collaterally attack the
valid judgment of a competent tribunal. It has a limited post-conviction remedy. The writ of habeas
corpus is proper in reviewing a judgment of conviction when there has been a deprivation of a
constitutional right, the court which issued the penalty has no jurisdiction, and when the penalty
imposed is excessive.30
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of
rebellion or invasion the public safety may require it.31
The writ of Amparo first appeared in the State of Yucatan in 1841 and found its way into
the Mexican Constitution in 1857. As configured in Mexico’s jurisdiction, Amparo in its early
days was a shield from acts or omissions of public authorities that trampled upon constitutional
rights.32 The Philippines is known as one of the drafters of the Universal Declaration of Human
Rights where it was envisaged to protect persons from abuse or violation of human rights.
However, during the administration of the Gloria Macapagal –Arroyo, human rights violations
such as enforced disappearances and extrajudicial killings have escalated to a large number, it was
concluded that the Writ of Habeas Corpus was not enough to stop the escalating number that leads
Justice Reynato Puno and the Supreme Court to adopt Writ of Amparo.
The adoption of the Amparo Rule surfaced as a recurring proposition in the

recommendations that resulted from a two-day National Consultative Summit on Extrajudicial
Killings and Enforced Disappearances sponsored by the Court on July 16-17, 2007. The Summit
was "envisioned to provide a broad and fact-based perspective on the issue of extrajudicial killings
and enforced disappearances, hence representatives from all sides of the political and social
28
Ilusorio vs. Bildner
29
Gonzales vs Viola
30
The Writ of Habeas Corpus for Reynaldo De Villa
31
Article III, Section 15, !987 Constitution
32
The Writs of Habeas Corpus and Amparo: A comparison of remedies against the menaces of state power. Cheryl
L. Daytec.
14
spectrum, as well as all the stakeholders in the justice system participated in mapping out ways to
resolve the crisis.33 That determines two scopes of Amparo, extrajudicial killings and enforced
disappearances that threaten life, liberty, and security of such persons. It does not determine nor
pinpoint criminal culpability for the disappearance, it determines responsibility at least
accountability.34 For that, it is a summary proceeding, but the court may call for a preliminary
conference to simplify the issue. It may issue temporary protection orders, inspection orders, or
production orders.
Habeas Data is traced back to the European regime. The inspiration for Habeas Data is
often considered to be the Council of Europe's 108th Convention on Data Protection of 1981 to
secure the privacy of an individual regarding the processing of data.35
Writ of Habeas Data started with a connection with the Writ of Amparo wherein it allows
the family of the victims of enforced disappearance to petition the courts to compel government
and officials to allow them to access the documents about their missing family member. These
started among Latin American Countries such as Brazil, Colombia, Paraguay, Peru, Argentina,
and Ecuador.
In the Philippines, the Writ of Habeas Data was approved by the Supreme Court on January
22, 2008. It is a remedy available to any person whose right to privacy in life, liberty, or security
is violated or threatened by an unlawful act or omission of a public official or employee, or of a
private individual or entity engaged in the gathering, collecting, or storing of data or information
regarding the person, family, home, and correspondence of the aggrieved party.36
This means that the Philippine concept of habeas data is much more limited in its scope
and is available to the citizens only under certain specific conditions. On the other hand, the scope
of the Philippine right of Habeas Data is much wider in its applicability in the sense that this right
is available even against private individual and entities who are "engaged in the gathering,
collecting or storing of data or information regarding the person, family, home and
correspondence".37 Does this mean that when a person is looking for somebody else's inbox is
33
Sec. of Defense vs. Manalo
34
Boac vs Cadapan and Empeno
35
Legal History of the Writ of Habeas Data.
36
A.M. No. 07-09-12-SC
37
Legal History of the Writ of Habeas Data.
15
guilty of violating this law? No. This means that every person or institution, whether public or
private who are engaged in processing information that is material to the person, maybe held liable
if they acquired and used that information to violate such person's right to security which
eventually affects their life, liberty, and security. This writ is considered not violated even if such
a person uses social media and used the “only me” settings in the privacy tool to upload their
pictures which are used to make them liable for violating school rules and regulations.
It is, thus, incumbent upon internet users to exercise due diligence in their online dealings
and activities and must not be negligent in protecting their rights. Equity serves the vigilant.
Demanding relief from the courts, as here, requires that claimants themselves take utmost care in
safeguarding a right which they allege to have been violated. Persons cannot use the writ of habeas
data when they are in a situation in which they are in the downside. We cannot afford protection
to persons if they themselves did nothing to place the matter within the confines of their private
zone. OSN users must be mindful enough to learn the use of privacy tools, to use them if they
desire to keep the information private, and to keep track of changes in the available privacy
settings, such as those of Facebook, especially because Facebook is notorious for changing these
settings and the site's layout often. 38
As a whole, the three writs were embodied in the different histories of the Philippines.
From the dictator's regime to the illegal detention, enforced disappearance and extrajudicial
killings escalated during those times. These writs serve as the remedy for the victims and their
families to seek help from the government against a public official or even a private person or
institution in case of habeas data. These writs differ in their nature and scope as it grounded to a
different history, nonetheless, they were drafted and approved according to the protection of life,
liberty, and security as mandated by the Constitution.
**End**
1429 words.
38
Vivares vs St. Theresa’s College
16
III.
It was reported in the news that babies who were born as of the moment were being named
after the virus spreading, COVID-19. The examples of names given are Covid Rose, Covid Bryant,
Coviduvidapdap.39 Names are very important. In a deep sense, giving a name and deciding what
to use as a surname may affect one child's status as illegitimate or legitimate, under the law. In a
general sense, the name tells the story of who that person is, what he or she will become in the
future. So, the parents must decide with utmost scrutiny before naming their children. It will be
part of their lives forever. Names that are negative and have negative connotations will not inspire
a child to develop positively or have a good outcome in life. The child will not grow to make a
positive contribution to his/her community.40
The name of an individual has two parts: First is the given name and the second is the
surname of the family. The law is silent on the usage of the middle name, however, the use of the
mother's surname as the middle name will eliminate the stigma of illegitimacy and save the child's
maternal lineage.41 The first name granted to each individual is the name granted during birth or
baptism, to distinguish him from the others. It could be something biblical or words with
sentimental meaning to the parent whereas the surname or the family name, is that which identifies
the family to which such child belongs to.
To change one's name, can be the result of first, to change appellation that was once given
for valid reasons. The state has an interest in one's name. It's not a matter of right instead it is a
privilege given to a person, that is why for one to validly change the name, he needs to have a valid
ground or justification to do it. Under the law, Rule 103 and 108 of the Rules provides for the valid
grounds and procedure for change of name.
39
Future 'quaranteens'? Covid Bryant and Covid Rose trend as Filipino newborns supposedly named after virus.
(2020). ABS-CBN News. Retrieved from https://news.abs-cbn.com/life/03/19/20/future-quaranteens-covid-bryant-
and-covid-rose-trend-as-filipino-newborns-supposedly-named-after-virus
40
The naming of a child is very important. (2014). The Nation News. Retrieved from https://mwnation.com/the-
naming-of-a-child-is-very-important/
41
In the Matter of the Adoption of Stephanie Nathy Astorga Garcia.
17
RULE 103 RULE 108
NAME Change of name Cancellation or
correction of entries
in the Civil Registry.
SCOPE • Full name Clerical and
• Last name Substantial errors that
affect the civil status
of a person such as
birth, marriage,
death, legal
separation, judgments
of the annulment of
marriage, a judgment
declaring marriages
void from the
beginning,
legitimation,
adoption,
acknowledgment of
natural children,
naturalization,
election, loss or
recovery of
citizenship, civil
interdiction, judicial
determination of
filiation, voluntary
emancipation of a
minor, change of
name.
18
NATURE Judicial Judicial (In the past it
was either summary
or judicial. The
amendment to Rule
108, the RA 9048,
which is summary in
nature.)
GROUNDS • When the • Upon good
name is ridiculous, and valid grounds to
dishonorable, and be determined by the
extremely difficult to Civil Registrar.
write or pronounce.
• Change is a
consequence as in
legitimation.
• The change
will avoid confusion.
• When has
continuously used
and been known since
childhood by a
Filipino name and
unaware of alien
parentage.
• Sincere desire
to adopt a Filipino
name in good faith.
• Surname
causes
embarrassment.
19
PROCEDURE • Filed a • Filed a
verified petition with verified petition with
the RTC where the RTC where the civil
petitioner resides. registry is located.
• Publication • Publication
• Solicitor • Civil
General must be Registrar and
notified. Solicitor-General
must be notified.
To change one’s name, can be the result of simply correcting the data that was recorded
in the Civil Registry. A clerical and typographical error which implies mistakes by the clerk in
copying or writing. It does not affect the civil status of a person. The correction and cancellation
of data in the Civil Registry are under the amendment of Rule 108 which is RA 9048 and RA
10172.
RA 9048 RA 10172
NAME The Clerical Error Act A simple amendment to RA
9048
SCOPE • Change of First Name • Clerical and
or nickname typographical errors
• Clerical or • Day and month of the
typographical errors. date of birth
• Sex
NATURE Administrative Administrative
GROUNDS • The petitioner finds The error must be visible and
the first name or nickname does not affect a person's
ridiculous, tainted with status.
dishonor or extremely
difficult to write or
pronounce.
20
• The new first name or
nickname has been habitually
and continuously used by the
petitioner and he has been
publicly known by the first
name or nickname in the
community.
• The change will avoid
confusion.
PROCEDURE • File an affidavit with • File an affidavit with
the Local Registry of the city the Local Registry of the city
or municipal or with the local or municipal or with the local
registry of the city or registry of the city or
municipality where an municipality where an
interested party is residing. interested party is residing.
• Publication • Publication
• Civil Registrar shall • Civil Registrar shall
be notified and impleaded. be notified and impleaded.
Therefore, those children who were named after the COVID-19 virus still has the chance
to change their name when the time comes that they realized they want a different name. Under
Rule 103 and 108, the rules provide for different scope, nature, and procedure. Rule 103 provides
for the change of full name and last name which may be effected if the petitioner will provide for
valid justification as provided for by the law. As seen in the table, there are grounds to be followed
before one's name be changed because it is not a matter of right. It is a privileged granted to them.
In one of the Supreme Court's ruling, sex reassignment is not among those acts or events mentioned
by the law. The sex of a person is determined by birth, visually done by the birth attendant by
examining the genitals. Therefore, change of name based on the ground that he has undergone sex
change because that's what his heart wants is negative under the law. 42
42
Silverio vs Republic
21
In Rule 108, the correction and cancellation of is written in the civil registry are based
upon. It needs judicial approval before it brings changes in the civil registry. It must be a clerical
and substantial error, those that affect the status of a person. In the past, Rule 108 was divided into
two: the one when an error is a clerical and substantial error and in need of judicial intervention,
the other is when the error needs merely administrative proceeding because it is a clerical and
typographical error. However, the legislature enacted a law that amended Rule 108 of the Rules
called RA 9048. This was approved on March 22, 2001. The Clerical Error Law is the one to be
filed when the error was clerical and merely typographical which does not affect the status of a
person. Under 108, it starts with a verified petition filed with the RTC.
In RA 9048 and its amendment RA 10172, it provides for a change or cancellation in the
civil register for clerical and typographical error where there is merely a typographical error,
leaving Rule 108 only for substantial error. The difference it has is in its scope. Also, the procedure
of these laws is somehow similar which starts from an affidavit which impleads the Civil Registrar
only. The petitioner will implead the civil registrar as a party because, under the law, they were
given authority and jurisdiction to handle cases under RA 9048.
**End**
820 words
22
IV
John Locke started the philosophy of the right of the people to own property based on his
famous claim that a man earns ownership over a resource when he mixes his labor with it. The
government shall be limited to securing the life and property of its citizens.43
No person shall be deprived of life, liberty, and property. The constitution guaranteed an
individual a constitutional right to own a property and not to be deprived of it without due process
of law. Except by competent authority and for public use but always upon payment of just
compensation.44
That until now, individuals are granted the right to own property and enjoy it together with
the right to dispose of it in the manner he pleases without other limitations than those established
by the law.45 However, when the owner dies, he cease to have control of his properties. Such will
be controlled by the heirs who will inherit the property following the will made or under the law.
The right of the heir to succeed is transmitted from the moment of the death of the decedent.46 The
legal heirs will now follow the rules in the settlement of the estate of their decedent. If they follow
all the rules mentioned, then the parties by the help of the court will proceed to the partition of the
estate.
To be able to partition the estate of the deceased or to divide the properties among the heirs,
if there is a will, it must be first probated. It must be first allowed by the court. If there is no will
left by the deceased, no existing debts, and all heirs are in legal age, the property will be divided
extrajudicial. Not all the heirs will be under the jurisdiction of the court, especially when the will
mentions an executor or when the court appoints an administrator to administer the intestate estate
of the deceased. The heir who is a minor, not a resident of the Philippines, and who, in the opinion
of the court, is unfit to exercise duties of the trust because of drunkenness, improvidence, or want
of understanding or integrity, and others as may be determined by the court cannot be an executor
43
John Locke: Political Philosophy. Internet Encyclopedia of Philosophy. Retrieved from
https://www.iep.utm.edu/locke-po/
44
Article 435, NCC
45
Article 428, New Civil Code (NCC)
46
Article 777, NCC
23
or administrator.47 Take note also that it is necessary for a person to be able to intervene in the
administration proceeding to have an interest in such estate. When the spouse has acquired a
divorce decree, they cease to be an heir of each other’s estate, therefore, they cannot be considered
as an administrator for lack of interest.48 An established doctrine also provides that a person with
an adverse conflicting interest is unsuitable for the trust reposed in an administrator of an estate.49
Executor and administrator play an important part in the partition of the estate of the deceased,
they shall have the right to the possession of the real as well as the personal estate of the deceased
so long as it is necessary for the payment of the debts and the expenses of administration, and shall
administer the estate of the deceased not disposed of by his will, without leave of court. It has been
long held that the constitution of a lease over the property of the estate is an act of administration
and leave of court is not required.50
All is easy if the deceased has left a will that mentions an executor. The problem arises to
the one who will be appointed as an administrator or when the executor named is incompetent or
refused the trust. Supreme Court said, that the order of preference provided in this section is
founded on the assumption that the persons preferred are suitable. If they are not, the court may
entirely disregard the preference thus provided. This is the reason for the rule that in the selection
of an administrator courts may exercise discretion, and, as stated elsewhere, the person appearing
in the order of preference may not be appointed where he appears to be unsuitable for the trust, he
has an adverse interest or is hostile to the interested parties to such an extent as to make his
selection inadvisable. But, of course, the order of preference may be disregarded only when the
reasons therefor are positive and clear.51 The rationale behind the rule is that those who will reap
the benefit of a wise, speedy and economical administration of the estate, or, in the alternative,
suffer the consequences of waste, improvidence or mismanagement, have the highest interest and
most influential motive to administer the estate correctly.52
The presence of Special Administrator may also be needed during the settlement of the
estate when the allowance of the disallowance of the will is under appeal or there is a delay in
47
Rule 78, Section 1
48
Ngo The Hua vs Chung Kiat Kang
49
Serafin Medina vs CA
50
San Diego vs Nombre
51
Torres vs Sicat
52
Suntay vs Cojuangco-Suntay
24
granting letters of testamentary or administrator or the extended circumstance if the executor or
administrator has a claim against the estate of the deceased. The appointment of such is upon the
discretion of the court with functions to collect and preserve not just only the property but also the
value of it.53 In the removal of such administrator, such was not removed by the court but he was
superseded by the regular administrator by operation of law.
We already know the persons behind the administration of the estate of the deceased to
divide and distribute assets. This time, if the deceased has left an existing debt or someone has a
claim against the estate, what are the processes before his property be distributed?
Under the law, before one’s assets be distributed to the legal heirs all debts, funeral charges,
expenses of administration, allowance of the widow, inheritance tax, and if any, chargeable to the
estate under the law shall first be paid.54 To know what ground to file, it is imperative to know the
types of claims that must be filed. Rule 86 and 87 are the laws governing the claims against the
estate.
RULE 86 RULE 87
TYPES OF CLAIM • All money claims • Recovery of real and
against the decedent personal property or
arising from contract, any interest therein
express or implied, from the estate.
whether the same be • Enforcement of lien
due, not due, or • Action to recover
contingent. damages for any
• All claims for funeral inquiry to person or
expenses and property, real or
expenses for the last personal.
sickness of the
deceased.
• Judgment for money
against the decedent.
53
De Gala vs Gonzales
54
Rule 90
25
The court has been given the discretion of the court to fix the period but it must be within
the period fixed by the law, which is not more than 12 months nor less than 6 months. If the claim
was not filed within the prescribed time, the remedy of the creditor is to file a belated claim
showing proof of cause and such extension shall not exceed 1 month. If again, the belated claim
was not filed, then the last resort of the creditor is the counterclaim that an executor or an
administrator may bring against the claimant. This also includes the construction given to all,
hence creditor may not use the defense that he did not know of such administration proceeding.
In paying the debts of the estate, the proper procedure would be the court to order the sale
of the personal estate or the sale or mortgage of real property of the deceased and all the debts and
expenses of the administration should be paid out of the proceeds of such sale or mortgage. All the
heirs, devisees, and legatees must be given notice to such sale. Notice is such a mandatory
requirement because failure to give notice to the heirs, devisees, legatees, would invalidate the
authority granted by the court. Besides, the contract entered into for the sale or mortgage would
also be null and void. After such publication, and no opposition filed, hearings were made, the
distribution shall be made.
The partition of the property of the deceased, will either make or break a family. In most
cases, it breaks a family for most of the time, partition calls for the opposition of the appointed
administrator or the named executor base on the ground of incompetence to do the duties of
administration. Before that, the allowance and disallowance of the will are also one of the causes
which prolong the partition process. Besides, the claims against the estate whether it be under Rule
86 or Rule 87, shall be given importance because the assets or the properties of the deceased will
not be partitioned if that is not paid.
**End**
1340
26
FINAL PAPER IN PUBLIC CORPORATION (JURIS DOCTOR)
COVID-19 started in Wuhan, China in December 2019. After a couple of

months, it has been spread to other countries and more death arises.
The government planned for a solution, not by banning China flights to

the Philippines, instead they waited until the situation gets worst then put all
parts of Luzon in Enhanced Community Quarantine.
The occurrence of Corona Virus Disease in the Philippines gave rise

to the declaration of State of Public Health Emergency throughout the
Philippines and upon the recommendation of the Department of \Health, the
Code Alert System for COVID-19 was raised to Code Red Sublevel Two (2).
These events led the declaration of State of Calamity throughout the
Philippines with the implementation of Enhanced Community Quarantine in
all parts of Luzon from March 17 to April 14 of the year 2020 which greatly
affect the economy and the lives of the people, especially in the poverty line.
Republic Act Number 11469 came from the House Bill Number 6616
and Senate Bill Number 1418, both have the purpose to declare a national
emergency and authorize the President to have “special powers” that are
necessary and proper to fight the Corona Virus Disease 2019 (COVID-19)
for a limited period. Ten (10) of the lawmakers did not agree on giving
emergency power to the President.
Under the 1987 Philippine Constitution, particularly on Article VI, Section

23(2), it provides that in times of war or other national emergency, the
Congress may, by law, authorize the President, for a limited period and
subject to such restrictions as it may prescribe, to exercise powers necessary
and proper to carry out a declared national policy.
Section 1 of the Act provides for its title, “Bayanihan to Heal As One
Act.
This law aims to mitigate the transmission of COVID-19, mobilize

assistance in the provision of necessities to families and individuals affected
by the imposition of Quarantine, especially the indigents, it also provides for
the measures to circumvent burden of the healthcare system, to provide
healthcare to COVID patients, including Persons under Investigation (PUI)
and Persons under Monitoring (PUM), the rehabilitation and recovery of all
the affected sectors, ensure that there is sufficient funding, to partner with
27
private sectors to deliver these measures quickly, promote and protect the
collective interests of all Filipinos.
Section 4 of the RA 11469 provides for the powers authorized by

Congress to the President. However, some may be unconstitutional or in
violation of the Local Government Code or RA 7160.
Section 4(g) provides,
"Ensure that all Local Government Units (LGUs) are acting within the
letter and spirit of all the rules, regulations and directives issued by
the National Government according to this Act; are implementing
standards of Community Quarantine consistent with what the
National Government has laid down for the subject area while
allowing LGUs to continue exercising their autonomy in matters
undefined by the National Government or are within the parameters it
has set; and are fully cooperating towards a unified, cohesive and
orderly implementation of the national policy to address COVID-19:
Provided, That all LGUs shall be authorized to utilize more than five
percent (5%) of the amount allocated for their calamity fund subject to
additional funding and support from the National Government.”
The underlined paragraphs above show conflicting claims. Local

Government Units (LGU) need to implement standards that are consistent
with what the National Government provides. This lawfully demands LGU's
act following what the National Government says at the same time allowing
them to exercise their autonomy. This may conflict with some of the
Constitutional Provisions as well as provisions under the Local Government
Code. Under Section 2, RA 7160, the territorial and political subdivisions of
the State shall enjoy genuine and meaningful local autonomy to enable them
to attain their fullest development as self-reliant communities and make them
more effective partners in the attainment of national goals.
28
Local autonomy has emphasized this provision, wherein our LGU's are
independently making decisions based on what they have and based on
what they know will provide better status for people in their territorial
jurisdiction. This happens in decentralization as provided under the law.
Decentralization contributes to efficiency by locating decisions closer to the
scene of action, where standard national policies can be better suited to
potentially peculiar and changing conditions. Decentralization takes
advantage of more precise, case-wise, and current knowledge, adaptive
skills, and the smaller, human scale of local institutions and communities in
dealing with their problems. On the other hand, centralization contributes to
efficiency by taking advantage of larger scale and external economies, more
system-wide knowledge, and highly specialized innovations for dealing with
problems that transcend the capacities or boundaries of individual local
units.55
The LGU may enact laws or policies that may not be consistent with
what the National Government will enact considering that LGU may differ in
their population, territory, and income. It is better to say that, National
Government will easily enact laws and from that, the LGU will consider it
depending on their constituents and other factors. This law cannot demand
LGU to be consistent with the policies of the National Government. LGU shall
be independently enacting laws or policies which they seem to apply to their
constituents. After all, LGU shall be after the general welfare of their people
as provided by Section 16 of RA 7160 that, every local government unit shall
exercise the powers expressly granted, those necessarily implied therefrom,
as well as powers necessary, appropriate, or incidental for its efficient and
effective governance, and those which are essential to the promotion of the
general welfare. Within their respective territorial jurisdictions, local
government units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and safety, enhance
the right of the people to a balanced ecology, encourage and support the
development of appropriate and self-reliant scientific and technological
capabilities, improve public morals, enhance economic prosperity and social
justice, promote full employment among their residents, maintain peace and
order, and preserve the comfort and convenience of their inhabitants.
55
Ocampo, Romeo B. (1991). Decentralization and Local Autonomy: A Framework for Assessing Progress.
Philippine Journal of Public Administration, Volume XXXV, No.3
29
In addition to the provision abovementioned, Section 6 (a), provides
“In addition to acts or omissions already penalized by existing laws,

the following offenses shall be punishable with imprisonment of two
(2) months or a fine of not less than Ten thousand pesos (₱10,000.00)
but not more than One million pesos (₱1,000,000.00), or both, such
imprisonment and fine, at the discretion of the court:
(a) LGU officials disobeying national government policies or

directives in imposing quarantines.”
In this provision, it is expected for the LGU to perform within the ambit of its
powers and functions mandated by the law. As an example, Vico Sotto, not
imposing a tricycle ban in the area of Pasig for the transportation of their front
liners. It was imposed by the LGU that one tricycle for one front liner in order
also to exercise the proper social distancing. In this instance, LGU may
somehow enact laws that are inconsistent with the National government
simply because they know what is happening in their area. As a mayor, he
was elected to protect and serve the people. In the provision, Vico Sotto was
disobeying national government policies, and therefore he must be
penalized?
Under Section 17 of RA 7160, paragraph (a), local government units

shall endeavor to be self-reliant and shall continue exercising the powers
and discharging the duties and functions currently vested upon them. They
shall also discharge the functions and responsibilities of national agencies
and offices devolved to them according to this Code. Local government units
shall likewise exercise such other powers and discharge such other functions
and responsibilities as are necessary, appropriate, or incidental to efficient
and effective provision of the basic services and facilities enumerated herein.
The LGU shall exercise such powers and discharge because they have all
the records of their people. They can easily determine what plans and
policies to make to cater to the problems of their constituent. The national
Government shall put trust to our LGU simply because they are given powers
through decentralization as mandated under the Local Government Code.
In line with this, under Section 4, Article X of the Constitution, the

President of the Philippines shall exercise general supervision over local
governments. This means, that LGU shall exercise its function in accordance
30
with what the Local Government prescribes, also following the constitutional
mandate of the Constitution. They may not be demanded to be consistent
with the National Government and at the same time the President only
exercises general supervision, they cannot be controlled by the President.
They are expected to perform within the delegated power granted by the
Congress to them to which LGU are performing now in times of COVID-19.
LGU shall be in partnership with the National Government. They must not
be considered as a competitor or enemy. They both want to serve the public
and the only thing the LGU can do that is to give them what they need, fully
impose local autonomy to them because competent mayors or governors of
an LGU may enact policies that are helpful to their constituent. Under the
law, Local government units may group themselves, consolidate or
coordinate their efforts, services, and resources for purposes commonly
beneficial to them in accordance with the law.
Another provision is under Section 4(h) of the RA 11469,
"Consistent with Section 17, Article XII of the Constitution, when the
public interest so requires, direct the operation of any privately-
owned hospitals and medical and health facilities including
passenger vessels and, other establishments, to house health
workers, serve as quarantine areas, quarantine centers, medical relief,
and aid distribution locations, or other temporary medical facilities;
and public transportation to ferry health, emergency, and frontline
personnel and other persons: Provided, however, That the
management and operation of the foregoing enterprises shall be
retained by the owners of the enterprise, who shall render a full
accounting to the President or his duly authorized representative of
the operations of the utility or business as the basis for appropriate
compensation: Provided, further, That reasonable compensation for
any additional damage or costs incurred by the owner or the
possessor of the subject property solely on account of complying
with the directive shall be given to the person entitled to the
possession of such private properties or businesses after the
situation has stabilized or at the soonest time practicable: Provided,
finally, That if the foregoing enterprises unjustifiably refuse or signify
that they are no longer capable of operating their enterprises for the
purpose stated herein, the President may take over their operations
subject to the limits and safeguards enshrined in the Constitution”
31
This provision may violate the Constitution. The law did not establish
what constitutes "unjustifiably or signify that they are no longer capable".
That without proper hearing for due process their business enterprise will just
be taken away from them by the President. Under Section 1, Article III, no
person shall be deprived of life, liberty, or property without due process of
law nor shall any person be deprived of the equal protection of the law.
Besides, what constitutes "reasonable compensation" if their business will
be used by the government for quite some time. According to Justice Isagani
Cruz, due process guarantees to every litigant the chance to be heard.
Accordingly, when an action is commenced in court, the other party has a
right to give his side. Unless a petition filed with the Supreme Court is
dismissed outright for patent lack of merit, the practice is to allow the
respondent to submit his comment. This may call for a reply, which in turn
may need a rejoinder, to which even a sur-rejoinder may be necessary. In
between these pleadings, there may be some manifestations and quite a few
motions for extension or postponement.56
With this, before the President may take over the ownership of such
an enterprise, due process must be practiced. The right to a hearing. It is not
automatic. The owner has the right to be heard on the reason why he cannot
accommodate patients anymore, that his enterprise or business may not be
used by the government anymore. It was an established political theory of
Realism that people seek self-preservation at all times.
Another provision that maybe not in line with the Constitution or RA

7160 is Section 4(m),
"Engage temporary Human Resources for Health (HRH) such as

medical and allied medical staff to complement or supplement the
current health workforce or to man the temporary medical facilities to
be established in accordance with Section 4 k(4) of this Act: Provided,
That HRH to be hired temporarily shall receive the appropriate
compensation and allowances: Provided, further, That all HRH
serving in the front line during the state of calamity due to COVID-19,
shall receive an actual hazard duty pay from the government."
56
Cruz, Isagani A. (1995). Justice Delayed. Separate Opinion.
32
Under the law, particularly on Article XIII, Section 3, the State shall guarantee
the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in
accordance with the law. They shall be entitled to security of tenure, humane
conditions of work, and a living wage. This provision violates the security of
tenure. In times of crisis, like this one, the State shall not forget that in hiring
employees, especially now that the hospitals and health centers need
medical staff, they shall be hired not temporarily. Why not hire them not
temporarily and after this crisis, a lot of our hospitals and health centers will
have enough people to attend to the citizens.
Another provision would be Section 4(m) which provides,
"Regulate traffic on all roads, streets, and bridges, and access

thereto; prohibit putting up of encroachments or obstacles; authorize
the removal of encroachments and illegal constructions in public
places, and perform all other related acts"
This provision is not in its entirety violates the Local Government Code,
however, it needs to be modified in lieu of the provision in the Local
Government Code that,
“(a) A local government unit may, according to an ordinance, permanently

or temporarily close or open any local road, alley, park, or square falling
within its jurisdiction: Provided, however, That in case of permanent closure,
such ordinance must be approved by at least two-thirds (2/3) of all the
members of the sanggunian, and when necessary, an adequate substitute
for the public facility that is subject to closure is provided.
(b) No such way or place or any part thereof shall be permanently closed
without making provisions for the maintenance of public safety therein xxx”
The control when it comes to roads, streets, and bridges belong to the
LGU which has jurisdiction in all of the abovementioned. That in the event of
a closure, opening, and regulating it, the LGU shall have a say. It has been
established that when it comes to the control of such roads, it is the Congress
who has the full and absolute control to such. However, since in the Local
Government Code, it has been delegated by the Congress to the Local
33
Government Units and if there is the presence of a Charter which provides
that the Congress specifically delegated said political subdivision the
authority to regulate its city streets, then such LGU shall have control of such.
57
Considering that "municipal corporations in the Philippines are mere

creatures of Congress; that, as such, said corporations possessed and may
exercise, only such power as Congress may deem fit to grant thereto.” 58
It has been also established that control to roads and streets is in the
LGU but it must be done in good faith especially to the closing of roads to
avoid or regulate traffics in the area of the LGU. For it to be valid, it must be
approved by the Sanggunian by 2/3 votes of all the members of Sanggunian.
Such power to vacate a street or alley is discretionary. And the

discretion will not ordinarily be controlled or interfered with by the courts,
absent a plain case of abuse or fraud or collusion. Faithfulness to the public
trust will be presumed. So the fact that some private interests may be served
incidentally will not invalidate the vacation ordinance.”59
In the present situation, the LGU has the jurisdiction to close the roads
for public safety. In urban community areas where one or two cases of
COVID-19 are or are present, the LGU has nothing to do but to place such
area under lockdown which leads also to the closing of the roads in that area.
It is safe to say that the LGU practiced now their jurisdiction to close and
regulate the roads because they know exactly what is helpful to their
community.
If this provision will provide that the LGU must at the same time with
the government regulate traffic in all roads, streets, and bridges, then it would
be rightful and not against the delegated power of Congress to the LGUs.
The answer to this pandemic is somehow not giving another set of

powers to the President, but a general plan of action on how we will fight this
57
Figuracion vs Libi
58
Favis vs City of Baguio
59
Favis vs City of Baguio
34
pandemic that killed thousands of people already in different parts of the
world. The plan must have been established when the first case of local
transmission happened in the Philippines. It must start in the banning of
Chinese people from entering the Philippines, however, we waited a few
weeks before doing that, and its already too late because the virus already
spread in here.
Since the start of this pandemic, people are asking for a concrete plan
of action on how the government will combat this global pandemic, starting
from the query of, "what are the plans for the front liners such as doctors,
nurses, and other medical staff?" "Can we afford to do mass testing?" "Why
VIP's were such as politicians get to test in their home and front liners and
other PUI's and PUM's were not?" "Can we afford to have a lockdown?" "How
about the employees who will be affected by the lockdown, will the
government provide them food?” Since then, the government does not have
any plan for such scenarios.
If these provisions are changed or amended, I still do not approve of

the Congress giving emergency powers to the President. The powers they
have given to the President were already in the Constitution, the President
just needs to have these strictly implemented, a great political will to have
plans based on the powers that our laws have granted to the President. Our
laws also cover powers and functions to many agencies, offices, and the
Executive Departments which the President has full control of such
agencies, offices, and of course, the executive department as provided
under the law, that the executive power shall be vested in the President of
the Philippines.
Under Article VII, Section 17 of the Constitution, the President shall

have control of all the executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed.
In this provision, the President has all the powers he needed to control
the departments especially the Department of Health and other departments
that are needed in this COVID-19. He may impose functions and plans to be
done by such agency, office, or departments as provided by the law. Since
he has the control of it, he may enact penalties to those departments who
unjustifiably failed to do its function in fighting COVID-19. He does not need
another power in implementing what is in the Constitution since he was fully
35
clothed of it upon assuming Presidency. The only thing to do is to implement
it strictly.
In cases where the President needs the help of our armed forces, especially
during this time of COVID-19, he can call out such. As mandated by our
Constitution, Article VII, Section 18, The President shall be the Commander-
in-Chief of all armed forces of the Philippines and whenever it becomes
necessary, he may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. Armed forces may help him to suppress the
people who will violate the quarantine period. This provision alone may open
to a lot of abuse of the police and military. There is a lot of news and videos
circulating that police are abusing the power given to them by trespassing
and police brutality. Nonetheless, this provision under the law was already
practiced by the President, instead of making plans for our health sector
which would greatly be affected by the COVID-19.
If we talk about the provisions in the RA 11469 that provides,
“Notwithstanding any law to the contrary, reprogram reallocate, and realign

from savings on other items of appropriations in the FY 2020 GAA in the
Executive Department, as may be necessary and beneficial to fund
measures that address and respond to the COVID-19 emergency, including
social amelioration for affected communities, and the recovery of areas,
sectors, and industries severely affected. All amounts so reprogrammed,
reallocated or realigned shall be deemed automatically appropriated for such
measures to address the COVID-19 situation within the period specified
under Section 9 hereof.”
Under the Constitution, Article VI, Section 25 (5), no law shall be

passed authorizing any transfer of appropriations; however, the President,
the President of the Senate, the Speaker of the House of Representatives,
the Chief Justice of the Supreme Court, and the heads of Constitutional
Commissions may, by law, be authorized to augment any item in the
general appropriations law for their respective offices from savings in other
items of their respective appropriations.
This provision of the law provides for the authorization for the President
to transfer appropriations, therefore, even without the powers given by the
Congress under Republic Act No. 11469, he can still transfer appropriation
to combat COVID-19 and help the affected community.
36
As provided by the jurisprudence, the exercise of the power to augment
shall be strictly construed by virtue of its being an exception to the general
rule that the funding of PAPs shall be limited to the amount fixed by Congress
for the purpose. Necessarily, savings, their utilization, and their management
will also be strictly construed against expanding the scope of the power to
augment. Such a strict interpretation is essential to keep the Executive and
other budget implementors within the limits of their prerogatives during
budget execution, and to prevent them from unduly transgressing Congress'
power of the purse.60
The giving of emergency powers to the President to be able to serve

and protect the people well is also an untenable reason because primarily
under the Constitution, Article II, Section 4, it is the prime duty of the
Government to serve and protect the people xxx. Therefore, the need to
protect and serve the people as enshrined in the constitution with the need
for strict implementation. He does not need any emergency or additional
powers to be able to do things that he promised people and that authorized
him to do under the law.
Also, the powers within the ambit of the emergency powers granted by
the Congress, are more likely to be the subject of abuse. The funds that have
been allocated and aligned by the President under the emergency power
may be used by the politicians in their selfish interest.
Under the RA 11469, the President, on Monday of every week, shall submit
a weekly report to the Congress of all acts performed according to this act
during the immediately preceding week. Isn't it, this provision was one of the
jobs of him? He owes people transparency on the steps he wants to take to
combat this virus. This is part of public office is a public trust. Transparency
is what people need now that there is a pandemic
The Congress trusted the President enough to grant him

emergency powers even without a concrete plan for health facilities, the lack
of PPE to hospitals with patients positive of the virus, the budget for food to
be given to those families affected of the lockdown, and any other problems
that may arise during this pandemic
The powers under the RA 11469 are distributed among the agencies
of the government such as the Department of Health. Matters relating to the
60
Araullo vs Aquino
37
medical staff and lacks medical facilities may be dealt with by the President
without such emergency power. Under the law, he has full control of it and it
only takes a strong political will to implement what the law has granted him.
Powers granted by the Congress may be abused. Like for example the
budget that will be realigned or reprogrammed for t5he health care workers
and medical facilities may be the subject of corruption if not protected and
safeguarded. The President needs to gain the trust of the people by regularly
reporting about what was done with the taxpayer's money.
In this time of war where the enemy cannot be seen, people need to
be critical in all aspects. We cannot remain to be a blind follower. If there are
wrongs, it should be called out. After all, we will be the ones to suffer the
wrong decisions. After this pandemic, we need to realign our thoughts and
beliefs. We do not deserve an incompetent, narcissist, and traditional
politicians.
38
39

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FINAL PAPER IN COMPARATIVE ANALYSIS (POLITICAL SCIENCE)

FINAL PAPER IN SPECIAL PROCEDURE (JURID DOCTOR)

It was a remedy against an arbitrary government. Originally cherished as a protection

The adoption of the Amparo Rule surfaced as a recurring proposition in the

COVID-19 started in Wuhan, China in December 2019. After a couple of

The government planned for a solution, not by banning China flights to

The occurrence of Corona Virus Disease in the Philippines gave rise

Under the 1987 Philippine Constitution, particularly on Article VI, Section

This law aims to mitigate the transmission of COVID-19, mobilize

Section 4 of the RA 11469 provides for the powers authorized by

Section 4(g) provides,

The underlined paragraphs above show conflicting claims. Local

“In addition to acts or omissions already penalized by existing laws,

(a) LGU officials disobeying national government policies or

Under Section 17 of RA 7160, paragraph (a), local government units

In line with this, under Section 4, Article X of the Constitution, the

Another provision is under Section 4(h) of the RA 11469,

Another provision that maybe not in line with the Constitution or RA

"Engage temporary Human Resources for Health (HRH) such as

Another provision would be Section 4(m) which provides,

"Regulate traffic on all roads, streets, and bridges, and access

“(a) A local government unit may, according to an ordinance, permanently

Considering that "municipal corporations in the Philippines are mere

Such power to vacate a street or alley is discretionary. And the

The answer to this pandemic is somehow not giving another set of

If these provisions are changed or amended, I still do not approve of

Under Article VII, Section 17 of the Constitution, the President shall

If we talk about the provisions in the RA 11469 that provides,

“Notwithstanding any law to the contrary, reprogram reallocate, and realign

Under the Constitution, Article VI, Section 25 (5), no law shall be

The giving of emergency powers to the President to be able to serve

The Congress trusted the President enough to grant him

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