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1. PHILIPPINE POLITICS AND GOVERNAN C E

2. UNIT 1: BASIC CONCEPTS OF POLITICS AND GOVERNANCE OBJECTIVES: At the end of this unit, the students should be able to: Demonstrate an understanding of the various concepts in politics, political science, and governance Demonstrate an understanding of the various political ideologies, and Identify a particular political phenomenon and how it can be studied

3. LESSON 1: POLITICS, GOVERNANCE, AND OTHER KEY CONCEPTS OBJECTIVES: At the end of this lesson, the students should be able to: Define politics, governance, and other key concepts of political science Explain the connection between the phenomenon (politics) and the method of inquiry (political science) Differentiate governance and politics, and Explain the value of politics

4. BEFORE WE BEGIN: Write inside the box five words or phrases that come into your mind whenever you hear the word politics and political science. POLITICS POLITICAL SCIENCE

5. Political Science an academic discipline that deals with the study of power in society, politics, and government. as a social science, political science centers on the systematic study of political government institutions for the Greek philosopher Aristotle , political science involves the study of the work or function of a politician or a statesman French philosopher Paul Janet defined political science as a social science that deals with the foundations of the state and the principles of government. SOCIAL CONTRACT THEORY Thomas Hobbes, Jean-Jacques Rosseau, and John Locke (17- 18 th century Europe) stressed that the absence of any kind of government often results in a chaotic and violent environment, therefore people enter themselves into a social contract or a written or unwritten binding agreement among the people that bids for the creation of a government and the consequent use of politics for the achievement of peace and order.

6. NICCOLO MACHIAVELLI Father of modern political science Discussed impressive political strategies on maintaining power in his books, The Prince and Discourses The Central Concepts in Politics According to Plato and Aristotle The Concept of JUSTICE what and who is morally and politically right The Concept of POWER the source of authority The Concept of the Right Type of Constitutions and Governments different types of governments and states The Concept of Political Structures different ideologies in a state The Concept of Right and Virtuous Leadership who should lead in a certain political system

7. The Key Fields in Politics: Power relations in society Forms of government Political behavior Political culture Civil society’s role in government Politics deals with power in society in general, Governance deals with power in government and how this institution exerts power for the benefit of the society. The Division of Discussion of Politics and Governance Political theory Political methodology Comparative politics International relations Law

8. POLITICAL THEORY deals with the different perspectives and ideas regarding politics and governance of different political philosophers from the ancient times POLITICAL METHODOLOGY is more concerned upon the application of political concepts into research and policy, almost similar to public administration COMPARATIVE POLITICS is about comparing various political systems and different constitutions among different countries through time. INTERNATIONAL RELATIONS bear resemblance to comparative politics; but instead of comparing, it concentrates on establishing and maintaining relations among countries through time. LAW is basically any written statement that limits or guides the behavior of a certain group. Politics, as the art and science of government, highlights the role of law in organizing and stabilizing individual interests to prevent the overlapping individual needs and promote collective gains in society.

9. The Importance of Knowledge of Politics Helps in the participation of an individual in the state Safeguards an individual against bad government practices and abuse In ancient Greece, anyone who was ignorant of the laws and the political processes of the polis was considered an IDIOT .

10. ANALYSIS GUIDE Why should we study the basic concepts of political science? Which of the fields of interest in political science should leaders and aspiring politicians focus on? Defend your answer. Which aspect of political science are you most interested in? Why ? SKILLS WORKOUT Research and briefly discuss a certain period in the history of the development of political science. Write your answer on a whole sheet of paper.

11. LESSON 2: CLASSICAL TO MODERN POLITICAL IDEOLOGIES At the end of this lesson, the students should be able to: Identify the basic tenets of major political ideologies Differentiate political ideologies Identify the relationship between political ideologies and configurations of political communities Enumerate ideas that have a direct impact on a political community; and Explain how political ideologies affect the social and political life of Filipinos

12. A GLIMPSE BACK Cross out the words that are not related to political science. justice power Wi- Fi government vitamins state diode love influence talcum magnitude intensity governance bones decision-making policy conflict crescendo

13. IDEOLOGY is basically defined as political statements that aim to call upon massive mass or government action to achieve a relatively better political and economic condition. Ideologies are goal-oriented; meaning, they are for or against a certain configuration of a political community. Their applications, however, are dependent upon the different political attitudes of people and institutions. Frederick Watkins suggested that ideologies come from different political extremes such as the conservatives or the pro-status quo on one side, or the radicals or the anti- status quo on the extreme side. PRO- STATUS QUO: the conservatives and the reactionaries ANTI- STATUS QUO: the radicals and the liberals NEUTRAL: the moderates (no neutral opinion with regard to political matters

14. POLITICAL IDEOLOGIES AND THEIR IMPACT ON POLITICAL COMMUNITIES Conservatism It is characterized by a resistant to change, adherent to limited human freedom as it chooses to maintain traditional values, and at some extreme versions, distrust to human reasoning and nature of anti- egalitarianism (*the doctrine that all people are equal and deserve equal rights and opportunities) Liberalism It favors change, prefers more freedom, and has a more optimistic approach to human reasoning and nature. Classical Liberalism adheres to the laissez-faire system proposed by Adam Smith in his Wealth of Nations , wherein the government does not interfere with the market.

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16. 3. MARXISM One should be careful in branding communism, socialism, or any other similar ideologies as Marxists because they may not necessarily reflect the ideas of Karl Marx. Some of the ideological and conceptual bases of Marxism are the following: a. Alienation This is the relationship between two or more people or parts of oneself in which one is cut off from, a stranger or alien, the others. For Marx, alienation in its basic form is the alienation from one’s labor (or product of one’s labor), and capitalism is a great factor in this phenomenon. b. Class Struggle the struggle between the bourgeoisie (the capitalist or the middle class) and the proletariat (workers). The bourgeoisie social class oppresses and exploits the proletariat not only through unfair compensation of the latter’s labor but also by setting up laws and standards, and controlling the system to maintain its social status.

17. c. Materialism might Marxism and the offshoot of this ideology offer a complex perspective and usage of materialism. Most social scientists, however, would agree to the basic definition that “ how people think is greatly affected by how you live.” For example, the members of the bourgeoisie might think more of profit and leisure, that life is good, and that money can do anything. This is because they live a comfortable life with money and power in the state. They do not actually do the hard labor. In fact, their profit might even come in through passive income. But the members of the proletariat who work every day f or income might think more of survival, that life is unfair. They might think that either there is no good in trying to change their status or they be driven to strive for more whatever it takes.

18. d. Revolution one revolution process that will Almost all theories and ideologies related to Marxism consider proclaiming revolution as the way to change the system. By revolution, Marx did not mean peaceful walkouts but a violent in which the proletariat will topple down the elite class and all the systems they have made. Even in its violent nature, Marx considered as a good and inevitable eventually lead to a classless ideal society in the form of communism. 4. ANARCHISM While most people are familiar with how anarchy is popularly used to mean chaos due to the nonexistence of control mechanisms, the idea behind it is actually more on peaceful coexistence and equality. Contrary to the popular depiction of anarchism in movies, anarchists believe that since power corrupts, a better system based on voluntary cooperation and not on power relations should be established, and that this system will address the needs of the people more successfully.

19. It is living a peaceful life without coercion from anyone. As Alexander Berkman put it: “Anarchism teaches that we can live in a society where there is no compulsion of any kind. A life without compulsion naturally means liberty; it means freedom from being forced or coerced, a chance to lead the life that suits you best.” 5. LIBERTARIANISM This is another version of anarchism but involves the government in a minimal role such as ensuring the safety of everyone and fairness in whatever contracts or dealings.

20. The LeR believe in: The Right believe in:

21. LESSON 3: NATURE, FORMS, AND CONSEQUENCES OF POWER At the end of this lesson, the students should be able to: identify the nature, types, and consequences of power define power explain the nature, dimensions, types, and consequences of power; and explain how power is exercised in different situations

22. POWER is the ability of Person A or institution A to make person B or institution B do something that person B or institution B on his/her/its own would not do. From the said definition, power in society spans a spectrum of meaning that includes force, authority, influence, and most of the time, coercion.

23. THE TAXONOMY OF POWER Compulsory Power - direct control of one actor of the conditions and actions of another. Institutional Power - the indirect ways in which an actor affects another. An example is the use of rules or the law to impose order. Structural Power – basically looks at the position and the roles of various actors in relation to each other. Productive Power – similar to structural power that looks into the relative position of the actor, the social production of their roles, and how the roles affect the actors’ perception and actions. However, productive power focuses not on the direct structures provided and accepted by each actor, but on the discourse between the actors in which power is negotiated.

24. STATE AND NATION IN THE AGE OF GLOBALIZATION At the end of this lesson, the students should be able to: Define nation and state; Differentiate nation from state; Explain how nation- state is created; Define globalization; and Explain how globalization influences nation- state

25. GLOBALIZATION means we have to reexamine our ideas, and look at ideas from other countries, other cultures, and open ourselves to them. -Herbie Hancock A NATION consists of a distinct population of people that are bound together by a common culture, history, and tradition who are typically concentrated within a specific geographic region. A STATE is any politically organized community living under a single system of government.

26. Stateless Nations Sovereignty- complete conYol ove r a territory's political & military affairs. Some nations do not have their own state- this can lead to conhict. Patesti nia n s are the most well known example- a stateless nation in conflict with Israel over territory. Kurds-about 20 million people live in Kurdistan- which covers 6 states- since the 1991 Daq War- Kurdish Security Zone has been virtually independent. '"'

27. GLOBALIZATION is a process of interaction and integration of every landscape in the planet. GLOBALIZATION is a process that is slowly changing things into one complex scheme that transcends cultural, political, and social boundaries – a system devoid of spatial restraints that ultimately challenges the very existence of nation-states. To borrow Arjun Appadurrai’s terms, these landscapes include the technoscape (technology), financescape (economics), ethnoscape (culture and social life), and ideoscapes (ideas).

28. LESSON 5: FORMS OF GOVERNMENT At the end of this lesson, the students should be able to: Differentiate the forms of government Explain the factors that create, maintain and destroy each form of government; and Evaluate the advantages and disadvantages of each form of government

29. FORMS OF GOVERNMENTS IN ANCIENT GREECE DEMOCRACY – the rule of the people or the many OLIGARCHY – the rule of the privileged few TYRANNY – the rule of one individual

30. The most democratic countries of the world according to the 2015 Democracy Index: 1. Norway 5. Denmark 2. Iceland Sweden New Zealand

31. 6. Switzerland 10. The Netherlands 7. Canada 11. Luxembourg 8. Finland 12. Ireland 9. Australia 13. Germany

32. 14. Austria 18. Mauritius 15. Malta 19. Uruguay 16. The United Kingdom 20. The United States of America 17. Spain https:// www.angloinfo.com/blogs/global/angloinfo- world-expat- life/20- most- democratic- countries-in- the- world- do-you- live-there/

33. According to ARISTOTLE, the three forms of government mentioned earlier were examples of bad governments. In Politics, he included the “good version” of each form of “bad” government. Kingship or Monarchy is the good version of tyranny because the leader rules the people with wisdom and virtue, unlike tyranny, where the leader is possessed with extreme desire to improve and empower himself rather than promote welfare to his constituents. Aristocracy , as the rule of the privileged few, is seen by Aristotle as the good version of Oligarchy because those who are in power belong to the upper class, thus the assumption of virtue. Polity is the good version of Democracy . Polity stresses the involvement of the middle class in ruling, which is its crucial character. The middle class is important because, according to Aristotle, they make up most of society; thus, they represent the greater interest.

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35. OTHER FORMS OF GOVERNMENT: Monarchy vs. Republic – both forms have an individual holding the power as head of state. While monarchy is ruled by king and is hereditary, a republic is usually ruled by a president chosen by the people through election. Autocracy vs. Democracy – in autocracy, power is held by a single, self- appointed ruler; its absolute form being the dictatorship. In democracy, on the other hand, power resides with the people as they have the ability to select their leader and directly or indirectly involve themselves in politics and governance. Unitary State vs. Federal State – A unitary state has a central government holding power with the capability to delegate or take back authority and function to and from lower levels or offices. A federal state has a central government with the main function of uniting several self- governing states or regions. The central government in a federal state cannot duly interfere or immediately alter the laws of the member states.

36. 4. Theocracy – is also another form of government that is composed of the joint rule of the church and the state or the domination of the state by the church.

37. The Philippines is essentially a democratic country. Throughout our history, however, only a few individuals or the elites have been instrumental to the forging of the country’s political character. Involvement of the middle class is not clearly manifested in any significant political agendas of the government.

38. LESSON 6: POLITICS IN THE PRE- SPANISH TO SPANISH PERIOD At the end of this lesson, the students should be able to: Describe Philippine politics and governance from the pre- colonial period to the Spanish period; Identify similarities and differences between today’s politics and the experiences and processes of politics in the past Discuss the changes in Philippine politics and governance; and Assess the effects of the colonial experience of the country in its present politics and governance.

39. TWO MISCONCEPTIONS ABOUT PHILIPPINE POLITICS That there was no politics in the Philippines prior to colonization period That every issue or we have in and governance problem politics was caused by colonization

40. FOUR TYPES OF FILIPINO UNHISPANIZED SOCIETIES IN THE COUNTRY 1. CLASSLESS SOCIETIES – are communities that are so small that they do not have the need to elect a leader. The need for a leader only comes with the facilitation of hunting, but after every expedition, the appointed leader loses his power.

41. 2. WARRIOR SOCIETIES – this society has a defined warrior class who are also appointed leaders for legislation, inter- ethnic relations, and judicial matters. These communities are relatively larger than the first class and have more or less hostile relations with other groups, thus the need for the warrior class.

42. 3. PETTY PLUTOCRACIES – there is a clear division of economic class. In most instances, the ruler of such communities comes from the privileged class, though being a ruler means having proven oneself to be of service to the community.

43. 4. PRINCIPALITIES – there is a clear class of leaders through the datus or sultans . Most often, these communities follow the political organization that was brought by Islam and is the strongest and most organized political entity in Philippine pre-colonial history.

44. The Spaniards made good use of the quote “I came, I saw, I conquered”: According to them, they colonized us because they wanted to spread Christianity to everyone, which would be like pointing a loaded gun at someone while saying “Let’s be friends” in a really friendly way. And they didn’t waste time doing it. They used God’s awesome might to wow and befriend the people, add some into the mix and military *BOOM!* kapow we’re Spain’s colony before we even knew it. Anyone who didn’t sleep through their History classes (or at least bothered to look at that portion of their History book/s) would know this. And you know this because that’s what they want you to know. What really happened is this. “Don’t you want to have a beard like mine?”

45. True, the Spaniards did use religion in order to pacify the natives much easier. But that’s just one of the many tactics that they made use of in order to colonize the country. In conjunction to religious conversion, the Spaniards also constructed reducciones, towns consisting of European (note: made of stone) buildings such as lime and mortar houses, churches and so on. They were erected in order to carry out the reduccion : compiling all the natives from the nearby barangays into the reducciones for easier colonization and religious conversion. These grand stone- made towns also served to impress the natives and imply that the Spaniards are powerful and should be idolized.

46. By doing the reduccion, the diverse natives are forced to live extremely close to other natives, and some of them were probably enemies before the Spaniards came. These, along with their pre- colonial conditioning of not really knowing well the people from other barangays led to the weak or probably non- existent sense of nationalism that they possess. Which made the natives easier to colonize since they had very little reason for resistance.

47. DIVIDE ET IMPERA (DIVIDE AND RULE) Another reason for the relatively easy colonization of the Philippines is the utter lack of military capability of the multiple barangays. Compared to the Spanish military forces, which are equipped with state-of- the- art equipment (for that period at least), such as muskets, metal armour, and especially cannons; combined with disciplined military training, would make any Philippine native quiver in fear. Just look at the mismatch: how would a native armed with no more than light clothing and a simple spear or bolo (probably a leather shield too) fight on par with a Spaniard wearing metal armor and a really, really long spear?

48. Colonization was not also done through military force; the Spaniards also did it on a cultural level. For instance, they supplanted the natives’ indigenous baybayin alphabet with the Latin alphabet. They also prohibited the use of their dialects whenever they are within Spanish facilities such as convents, courts, and the like. Whether they also banned it outside those areas, we don’t know. This made most of the natives forget their previous identity since they began to forget their former culture. Since the natives also did not have a more permanent way of preserving their culture, other than writing on leaves (and trees too, probably), so by the time the Spaniards were halfway done, we were left with barely any first- hand accounts of the pre- colonial Filipinos (e.g. Laguna Copperplate Inscription [not found during this time yet]) and a treasure trove of Spanish- made Filipino history.

49. But the really effective method of colonization did not come from the Spanish conquistadors; it came from the multitude of friars and missionaries that came to the Philippines like a swarm of holy locusts looking for a place to feed on. Franciscans, Dominicans, Jesuits. You name it, they sent it. They converted many of the natives during the early stages of and throughout the colonization, whether they are elite or not. By doing this, they were able to establish a powerful hold on the people, and subsequently the supposed rulers of the country. But that’s not the only issue; conversion of the populace is one thing, total brain conditioning is another.

50. Since the friars had the chance to be in close contact with their respective communities, they were able to instill into the children that anything Spanish is superior, and should be given due respect and credit for what they have done for the Filipinos. Keep in mind that they only show to the youth the “good” aspects: that they brought salvation in the form of Christianity to the locals, that they civilized them, and so much more. No colonizer in his or her sane mind would tell the truth to their colonies.

51. During the colonial period, the areas and the groups in the Philippines Spaniards were that the able to occupy and influence have experienced a radical change in politics and governance. Indigenous political systems in hispanized areas were removed and replaced by the colonial form of government for easier management. Hispanized Philippines areas became in the tied to the government in Spain with the king as head, followed by the viceroy (a ruler exercising authority in a colony on behalf of a sovereign) in Latin America.

52. Communities were arranged according to the reduccion policy that centralized settlements around colonial institutions, such as the church and municipal halls. The governor-general became the head of the colony, followed by the alcaldes and corregimientos, gobernadorcillos, and cabeza de barangays.

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54. LESSON 7: DEMOCRACY IN THE PHILIPPINES At the end of this lesson, the students should be able to: Define democracy; Discuss the development of democracy in the Philippines; Describe the effects of colonization process the way democracy is practiced in the Philippines; and Enumerate the effects of Martial Law to Philippine politics and governance

55. IF YOU WANT FROM INSIDE THE SYSTEM.THAT’S MUCH MORE POWERFUL THAN REBELLING OUTSIDE THE SYSTEM.

56. Democracy has long been exercised in the Ancient Greece and is now known as the rule of people where the power in government does not emanate from the divine right or any god but from the citizens of the state.

57. The power of people in a democratic society is visible through the observation of freedom of expression, right to equal representation, right to vote for their representatives in government , and right to vote for and against a proposed legislation. Aristotle considered democracy as the corrupt counterpart of the ideal regime of polity but it is still a popular model for government nonetheless.

58. Democracy was introduced in the Philippines during the late 19 th century following the opening of the country’s economy to the world in 1834 and the consequent inflow and outflow of ideas and people along with the trade goods.

59. The success of the French Revolution that caused the resurgence of democratic and liberal ideals in Europe reached our shores via trade with other countries and also by the efforts of rich Filipino natives ( ilustrados ) who were able to study abroad. The ilustrados , through the propaganda movement of Marcelo H. Del Pilar, translated liberal ideas for the Philippines in their hope to achieve reform.

60. Democracy had great appeal to the Filipinos that it was even adopted by the Kataas- taasan, kagalang-galangang Katipunan ng mg Anak ng Bayan (KKK) of Andres Bonifacio. The group encouraged popular democracy within the Katipunan’s ranks and it was through this system that the Katipuneros voted for rebellion against Spanish authorities in 1896.

61. However, it was during the American period that democracy was used in full extent as a political system. The defeated Spaniards during the Spanish-American War in 1898 sold the Philippines to America but the Filipinos chose to be independent rather than be subjected to another colonialist, thus the Philippine- American War. After three years of fighting the revolutionaries surrendered to the American forces.

62. Even during the Philippine- American War, the issue of what to do with the Philippines had been a debate in the United States. Some debated for its annexation as a colony or as a state while there were also some Americans who preferred Philippines to be free.

63. To further investigate on the matter, as well as to manage the country under the American rule and system, the United States sent Dr. Jacob Schurman to head the Schurman Commission in 1899 with the basic objectives of establishing the civil government in pacified areas, as well as training and assigining Filipinos in various government positions, among others. The Taft Commission under Judge William Howard Taft in 1900 hastened the transition of the government from a revolutionary to a civil and democratic one.

64. The Philippine Organic Act of 1902 created the Philippine Commission. The offices of the Civil Governor and Vice Governor were created to exercise powers of the government but would still be subject to the discretion of the President of the United States of America. Other government offices were created to manage the country. The Electoral representation in the Philippines began with the creation of the Philippine Assembly. The Philippine Assembly acted as the lower house to the Philippine Commission and held its first election in 1907.

65. Democracy was further established through the 1935 Constitution. But in 1972, the foundation of democracy was sidelined upon the declaration of Martial Law by President Ferdinand Marcos. The Constitution was remodeled in 1973 and for a brief period of time, the country experienced a strict disciplinarian state that controlled the economy, legislation, and the media.

66. Democracy was reinstated by the 1987 Constitution following the success of People Power Revolution that toppled the Marcos dictatorship. The rights mandated in a democratic society such as the right to vote and freedom of expression were also restored.

67. LESSON 8: FUNCTIONS OF THE EXECUTIVE BRANCH At the end of this lesson, the students should be able to: Explain the roles and powers of the Philippine president; and Discuss how the president exercises power.

68. We have a presidential form of government in the Philippines. The president of the Philippines is the center of power, the head of both government and state. This also means that he is not constrained by both the judicial and legislative branch in the performance of his duties as the country’s chief executive. The executive power vested upon the and the executive basically president branch power to enforce means “ the and administer the laws.”

69. The same qualifications apply to the vice-president. The president and the vice- president are elected through direct voting by the majority of the voters and will begin their six-year term on the 30 th day of June following the day of the election. The president cannot run for re-election for the said office again unless that person who served as president only held office for four years or less. In case of death, permanent disability, removal from office, or resignation by the president, the following line of succession is observed until the position of president is filled up: vice- president, Senate President, and Speaker of the House of Representatives.

70. Aside from the executive power, there are other major powers held by the president. The first major power is the power of appointment provided in Section 16 Article VII of the Constitution. The president can appoint the heads of executive departments, ambassadors, other public ministers and consuls, officers of the armed forces from the rank of the colonel or naval captain, and other officers whose appointments are vested in him by the Constitution. The second major power is administrative power , as stated in Section 17, Article VII. The president shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.

71. The third major power is the military power for being the commander- in-chief of all the armed forces in the Philippines under Section 18, Article VII. Along with this power is the power to suspend the privilege of the writ of the habeas corpus and to place the country or any part of the Philippines under Martial Law in cases of invasion or rebellion or when public safety requires it. The president is given 48 hours from the proclamation of martial law to submit a report regarding such proclamation to the Congress which will then decide if the proclamation has to be revoked or suspended. The president also has the power to grant pardons and amnesty. Pardon is the power to release a wrongdoer from punishment after conviction. Amnesty is a pardon extended to a group of persons and abolishes the offense before or after conviction.

72. Other powers of the president include: the power to contract or guarantee foreign loans on behalf of the Republic subject to prior concurrence of the Monetary Board and subject to limitations as may be provided by law; the power to sign a treaty or international agreement provided that the validity and effectiveness of such treaty or international agreement will be ratified first by at least two- thirds of all the members of the Senate; and the power of the budget under Section 22, Article VII, where the president submits to the Congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measure. The president exercises a lot of powers, but he should be reminded that the true power rests in the people and that the Office of the President, as well as the other branches of the government, exists to serve the populace.

73. LESSON 9: FUNCTIONS OF THE LEGISLATIVE BRANCH At the end of this lesson, the students should be able to : Discuss the roles and responsibilities of the Philippine Senate and the House of Representatives; Assess the performance of the Philippine Congress Discuss the impact of Congress’ performance on Philippine development; and Articulate a position or advocacy to a Philippine legislator through a formal correspondence

74. The legislative power of the government is vested upon the Congress of the Philippines in accordance with the 1987 Constitution. The Congress is divided into two chambers: the House of the Representatives (lower house) and the Senate of the Philippines (upper house)

75. The Senate of the Philippines is composed if 24 senators elected at large while the House of Representatives is composed of not more than 250 members, 20% of which is composed of party- list representatives. A qualified candidate for both the Senate and the House of Representatives must be a natural- born citizen of the Philippines, able to read and write, and a registered voter. The difference is that the Senate requires that the person must be at least 35 years old and a resident of the Philippines for not less than two years before election day. On the other hand, a candidate for the House needs to be at least 25 years old and a resident of the Philippines for at least one year in the district where he will be elected (except for party-list representatives). The term of office for the elected senators and representatives starts at noon of the 30 th day of June following their election. The senators will serve for six years and shall not serve for more than two consecutive terms. The representatives, also known as congressmen/women, will serve for three years and shall not hold office for more than three consecutive terms.

76. In case of vacancy in the Congress, under Section 9 of Article VI, a special election may be called to fill such vacancy in the manner prescribed by law, but the senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. The primary function of the legislative branch is the creation, enactment, and amendments of laws. Proposed laws may come from the senators or representatives themselves, the people they represent (district, province, or the party), or the other two branches of eth government. These proposals are drafted into a bill . A bill is a draft of law presented to legislation for enactment, by the approval of the Congress and the president of the Republic. These are the “proposed laws” or “proposed amendment” you hear about in the news, like House Bill No. 2379, which seeks to amend the National Internal Revenue Code of 1997, the country’s 20-year-old tax code. House Bills are those made by a Representative, while Senate Bills are those made by a Senator.

77. The basic process for the creation or amendment of a law begins with a bill drafted by a senator or representative and filed for the first reading. The first reading is where the Senate President or the Speaker of the House reads out the title, bill number, and author’s name, and then assigns the bill to the proper Senate or House Committee. The author(s) or the concerned committee will send out an invitation to various concerned parties, agencies, and stakeholders for a public hearing of the bill to review the proposed bill and give comments during the deliberations. The concerned committee can hold a technical working group meeting for specific changes to the provisions such as proper concepts, correction of grammar, and deletion or addition of certain phrases or words. After the approval of the bill, by the committee members, a committee report is then filed with its approved version of the bill to the Committee on Rules for the second reading. In the second reading, the author of the bill or the chairperson of the committee delivers a sponsorship speech. It is followed by a period of interpellation wherein other senators or representatives may debate or ask further questions to sponsor of the bill.

78. After the interpellation, the senators or representatives may make some amendments. In reviewing a bill, there are some things to consider: Does the bill conform to the provisions of the Constitution? What is the main issue that the bill is trying to address? What are the methods that the bill is trying to propose in order to answer the issue? Are there alternative means to address the issue? Who will benefit from the bill if it is enacted into law? How will the benefits be given? Will this create further problems? Is there sufficient fund for the law? Where will the government get the fund needed to enforce the law?

79. The representatives or the senators again vote for the passage of the bill on the second reading. As a general rule, a bill must pass both the Senate and the House. Note that two versions of a bill are processed simultaneously in both chambers. The final version of the approved bill by both chambers is then printed for approval. Or if there are disagreements between the two chambers on the final version of the bill, a Bicameral Conference Committee is created to make the necessary changes before printing out the final and reconciled version of the bill. Another period of interpellation follows after which the senators or the representatives vote for the third reading of the bill. Upon the last reading of a bill, no amendment shall be allowed. Upon approval of the final version of the bill by both chambers, the Senate President and the Speaker of the House shall sign the final copy now known as the enrolled bill and send it to the president for approval and signature. The bill becomes a law upon signing of the president. In case of objection from the president, the enrolled bill is vetoed and returned to the House where the bill originated. If the House of Representatives or the Senate still reconsiders the bill, at least two-thirds of all the members of the House shall vote for the bill to become a law.

80. Failure by the president to act on the enrolled bill within 30 days upon his receipt, the bill becomes a law as if the president has signed it. Other than a bill, each House can make resolutions. A resolution “conveys principles and sentiments of eth members of the Senate or the House of Representative.” There are three different types of resolutions: Joint Resolutions – require the approval of both chambers of Congress and the signature of the president, and have the force and effect of a law if approved. Concurrent Resolutions – used for matters affecting the operations of both chambers of Congress and must be approved in the same form by both houses, but are not transmitted by to the president for his signature and therefore have force or effect of a law. Simple Resolutions – deal with the matters entirely within the prerogative of one chamber of Congress; are not referred to the president for his signature and therefore have force or effect of a law.

81. LESSON 10: FUNCTIONS OF THE JUDICIAL BRANCH At the end of this lesson, the students should be able to: Identify the functions of the Philippine judiciary; Discuss how the judiciary exercises political neutrality and fairness; and Discuss the performance of the Philippine judiciary as a dispenser of justice and a protector of constitutional rights and freedom.

82. tells LM X

83. The judicial branch of the government is the primary agency that handles matters concerning the settlement of issues regarding the rights and interpretation of law. The power of the judiciary rests on the Supreme Court and the lower courts, which include the Court of Appeals, Sandiganbayan, down to the Regional Trial Court, the Metropolitan trial Court, and the Municipal Trial Court. The 1987 Constitution defines judicial power as follows: 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 jurisdiction on the part of any branch or instrumentality of the government. This means that the judicial branch of the government not only rules on legal issues but also on the other two branches “whenever the court finds that the other department has committed grave abuse of discretion.”

84. Supeme Court (I 5) Head: Chlefjustice Regional Tria l C ourts Sandlganbayan Couw of Tax Appeals 5hart'a Distr?et Courts Trlal Coum Municipal TdalCourts in CMes M u nlclgel Clrcuh Tdal Coufts Sh ari'a Courts

85. Some of the functions of the Supreme Court under the 1987Constitution are as follows: The Supreme Court primarily handles the cases of ambassadors, other public ministers and consuls. Review, affirm, reverse, or amend the decision of lower courts on certain cases that may concern the constitutionality or validity of international agreement and presidential decrees, questionable decisions or processes of the lower courts, cases which are punishable by lifetime imprisonment, error or question of law, among others. Appointment of judges, officials, and employees of the Judiciary. Create and disseminate rules and procedures concerning the processes in legal courts as well as the membership to the Bar.

86. The Supreme Court is composed of the Chief Justice and fourteen Associate Justices appointed by the president from a list of qualifiers from the screening process done by the Judicial and Bar Council

87. The Court of Appeals, the second highest tribunal or legal court in the country, is composed of a Presiding Justice and sixty-nine Associate Justices who are appointed by the president. Aside from having power on the issuance of certain legal documents and orders, the Court of Appeals mainly receives, reviews, and resolves appeals on decisions of Regional Trial Courts, as well as that of the Office of the Ombudsman in cases wherein one of the parties is not satisfied with the decision.

88. The Court of Tax Appeals focuses on reviewing and resolving appeals of decisions from the Commissioner of Internal Commissioner Department Department Revenue, of Customs, of Finance, of Trade and Industry, and other legal courts concerning cases related to tax, tariffs, and other monetary obligations to the government. The Court composed of Tax Appeals is of one Presiding five Associate Justice and Justices.

89. The SANDIGANBAYAN has the following mandate: SEC.5. The Batasang Pambansa shall create a special court, to be known as Sandiganbayan, which shall have jurisdiction over criminal and civil cases involving graft and and such other corrupt practices offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law.

90. SEC. 4. The present anti- graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law. (Art. XI, 1987 Constitution)

91. Lower courts such as city and municipal courts have original jurisdiction over cases such as, but not limited to, violations of municipal ordinances, gambling, assault, estafa to a certain amount, malicious mischief, and illegal possession of firearms. In order to further maintain objectivity in the system, the judicial branch sometimes transfers one judge or even cases from one city to another. Section 15, Article VIII of the 1987 Constitution provided a timetable for the resolution of the cases brought to the judiciary; two years for the Supreme Court, one year for the lower collegiate courts, and three months for all other lower courts. In case the issue is not resolved within those periods, a certification signed by the Chief Justice or presiding judge stating why the case has not been resolved shall be issued and served to both parties. Section 15 further goes on to say that: 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.