POS100 Reviewer

I. Politics
A. Definition of Politics
- Master science (Aristotle)
o Activity through which human beings attempt to improve their lives and create the good
society
- Above all, a social activity
- Always a dialogue, never a monologue
- An activity through which people make, preserve & amend the general rules under which they live
- Linked to conflict and cooperation
- Acting in concern (Hannah Arendt)
o Existence of rival opinions guarantees disagreement about the rules under which people live
o In order to influence these rules/ ensure that they are upheld, people must work with others
- Heart of politics is a process of conflict resolution
o Rival views or competing interests are reconciled with one another
- Presence of diversity & scarcity ensures that politics is an inevitable feature of the human condition

B. Problems with Politics

- 1st: mass associations that the word has when used in everyday language
o Politics is a loaded term
o Many assume that politics must be biased in some way
o Difficulty to believe that the subject can be approached in an impartial/dispassionate manner
o Politics is usually thought of as a dirty word
o Politics is nothing more than a means of rising in the world (Samuel Johnson, 1775)
o Politics is the systematic organization of hatreds (Henry Adams)
- 2 : respected authorities cannot agree what the subject is about
nd

o Politics is defined in different ways:

Exercise of power
Exercise of authority
Making collective decisions
Allocation of scarce resources
Practice of deception and manipulation
o General definition: the making, preserving and amending of general social rules
- Politics is thus an essentially contested concept
o Has a number of acceptable or legitimate meanings
o Views may simply consist of contrasting conceptions of the same concept

C. Politics as the art of government

- Politics is not a science but an art (of government) (Chancellor Bismarck)
o Exercise of control within society through the making & enforcement of collective decisions
o Classical politics definition developed from the Ancient Greek original meaning
- Politics is derived from polis meaning literally city-state
o Politics refers to the state of the polis or what concerns the polis
o Modern definition: what concerns the state
o People are in politics when they hold public office or to be entering politics
- To study politics is in essence to study government or to study the exercise of authority
- Politics is the authoritative allocation of values (David Easton 1979, 1981)
o Politics encompasses the various processes through which the government responds to
pressures form the larger society by allocating benefits, rewards or penalties
o Authoritative values are ones that are widely accepted in society, and are considered
binding by the mass of citizens
 o Politics is associated with policy that is with formal or authoritative decisions that establish
a plan of action for the community
- Politics is what takes place within a polity: a system of social organization centered upon the
machinery of government
o Politics is practiced in cabinet rooms, legislative chambers, government departments, and
engaged in by a limited and specific group of people
Most people, institutions and social activities may be regarded as outside politics
Business, schools, and other educational institutions, community groups, families,
and so on are non political
They are not engaged in running the country
o To portray politics as an essentially state-bound activity is to ignore the increasingly
important international or global influences upon modern life
Politics is a hangover from the days when the nation-state could still be regarded as
an independent actor in world affairs
Tendency to treat politics as the equivalent of party politics
The realm of the political is restricted to those state actors who are consciously
motivated by ideological beliefs, and who seek to advance them through
membership of a formal organization such as a political party
Politicians are described as political
Civil servants are nonpolitical when theyre in neutral & professional fashion
Judges are nonpolitical while they interpret the law impartially and in
accordance with the available evidence but they maybe accused of being
political if their judgment is influenced by personal preferences or some
other form of bias
- Link between politics and the affairs of the state help explain the negative images attached to it
o Politics is closely associated with the activities of politicians
Politicians are often seen as power-seeking hypocrites
Gave rise to anti-politics
Rooted in a view of politics as a self-serving, two-faced & unprincipled activity
Ex: office politics and politicking
Power tends to corrupt, and absolute power corrupts absolutely (Lord Acton)

D. Politics as public affairs

- Politics as public life or public affairs
- The distinction between the political and the nonpolitical coincides with the division between an
essentially public sphere of life and what can be thought of as a private sphere
- Man by nature is a political animal (Aristotle)
o Only within a political community that human beings can live the good life
o Politics is an ethical activity concerned with creating a just society
Politics as the master science
- Traditional distinction between the public realm and the private realm conforms to the division
between the state and civil society
o Institutions of the state can be regarded as public
They are responsible for the collective organization of community life
Funded at the publics expense
o Civil society consists of what Edmund Burke called the little platoons
Institutions such as the family and kinship groups are private
They are set up and funded by individual citizens to satisfy their own interests
o Politics is restricted to the activities of the state itself and the responsibilities that are
properly exercised by public bodies
o Areas that individuals can and do manage for themselves are nonpolitical
- The political and the personal
o Public in the sense that they are open institutions which the public has access
 Transferring the economy in particular from the private to the public realm
o Politics does not infringe upon personal affairs and institutions
- Politics as public activity has also been portrayed as a form of unwanted interference

Public Private
The state: Civil Society:
Apparatus of government Autonomous bodies:
Businesses, trade unions, clubs families and so on

Public Private
Public realm: Personal realm:
Politics, commerce, work, art, culture, and so on Family and domestic life

E. Politics as compromise and consensus

- Politics is a particular means of resolving conflict
o By compromise, conciliation, and negotiation rather than through force and naked power
o Politics as the art of the possible
- Key to politics is therefore a wide dispersal of power
o Politics as that solution to the problem of order which chooses conciliation rather than
violence and coercion
- Politics can be seen as a civilized and civilizing force
o Politics is no utopian solution
Compromise means that concession are made by all sides
- Politics is designed to disappoint
o Its outcomes are often messy, ambiguous and never final

F. Politics as Power
- Politics at work in all social activities and in every corner of human existence
- Politics is at the heart of all collective social activity, formal, and informal, public and private, in all
human groups, institutions and societies (Leftwich)
o Politics takes place at every level of social interaction
o It can be found within families, friends, nations, and the globe
- Faces of power
o Power as decision making
Conscious actions that in some way influence the content of decisions
Difference between force or intimidation, productive exchanges involving mutual
gain, and the creation of obligations, loyalty and commitment
o Power as agenda setting
Ability to prevent decisions being made: that is non decision making
Ability to set or control the political agenda, thereby preventing issues or proposal
from being aired in the first place
o Power as thought control
Ability to influence another by shaping what he or she thinks, wants, or needs
Expressed as ideological indoctrination or psychological control
Radical view of power (Lukes 2004)
- Politics concerns the production, distribution and the use of resources in the course of social
existence
o Power: the ability to achieve a desired outcome, through whatever means
- Politics is a struggle over scarce resources, and power can be seen as the means through which
this struggle is conducted
o Politics is about diversity and conflict but they key is scarcity: while human needs and
desires are infinite, resources available are always limited
 - Politics is the power-structured relationships, arrangements whereby one group of persons is
controlled by another
o The personal is the political
o Rooted from the concern women have been confined to the private sphere of existence
while men have always dominated the areas of public life
o The politics of everyday life
Family relationships are just as political as business and government relationships
- Marxist view of politics
o Politics refers to the apparatus of the state
Political power as merely the organized power of one class for oppressing another
Politics is part of a superstructure
Political power is rooted in the class system
Politics is the most concentrated form of economics (Lenin)
The economic is political
Class struggle is the very heart of politics
o Politics, in negative terms, is about oppression and subjugation
Society is patriarchal
Politics in a capitalist society is characterized by the exploitation of the proletariat by
the bourgeoisie
Politics is also a means through which injustice and domination can be challenged

II. Politics is about Governing

A. Introduction and Argument
- Who gets what, when, how (Harold Lasswell, 1936)
- An expressive act rather than an instrumental activity
- Contains strong elements of drama and sport (Nelson Polsby 1975)
- Politics is about governing and making public policy
o The authoritative allocation of values for a society (David Easton 1953)

B. Governing and Governance

- Governance as the provision of direction to the economy and society
o Steering (Rose, 1968)
o Governance dynamic process
Simplify models and practices
Dynamic social learning
Coordinating across social forces
Common world view and system of meta governance
- Governance as a dynamic process
o Means are found to make choices for collective adaptation
o Must be compatible with the social setting
o Reducing the complexity faced in order to provide the steering and control required
- Governance involves deciding upon collective goals for the society
o Then devising the mechanisms though which those goals can be attained
- Politics as the relations of power and influence between stated and their societies
o Complex set of processes whereby governments come to choose between a variety of
collective goals for society and seek to implement them
- Politics is bound up in the relations of states and their citizens or subjects
o How the two parties in this relationship affect each other
- Governance is not identical with government
- Governance is a process that result in fulfilling the conditions listed below
o Goal Setting
Capacity for setting collective goals for the society
 Reconciling competing wants and demands among segments of that society
Attaching resources to the goals that have been selected as worthy of public action
Priority setting or strategic management
A way of attaching operational priorities to the range of goals that have been
adopted for the political system
Much of the political process will revolve around the budget and financial resources
o Steering
Involves creating the capacity for implementation and steering
Goals established are made effective and do produce the intended changes in the
economy and society
o Coherence
Need to make those policy priorities and preferences work together smoothly

o Accountability and feedback

- Politics is choosing among goals and implementing to address goals for society
- Non-government
o Advocating policy
o Implement public programs

C. Institutional Politics and Governing

D. The World of Governance Becomes More Complex

E. Conclusion

III. Executive
A. Qualifications for the president
- Natural-born citizen of the Philippines
- Registered voter
- Able tor read and write
- At least forty years of age on election
- Resident for ten years immediately preceding such election

B. Direct constitutional mandates

- Nominate and appoint with consent of the Commission on appointments the heads of executive
departments
- A budget of expenditures and sources of financing
o Budgetary and fiscal power
- Power to act as the commander in chief of all armed forces of the Philippines
o Limited period to suspend several civilian privileges
- Disclosure to the public of the presidents health condition
- Contract or guarantee to foreign loans on behalf of the Republic of the Philippines

C. Executive power and checks on the legislature

- President signs the bill into a law or vetoes and returns it to the Hoes where it originated for
reconsideration
- President proposes the budget and the congress approves it
o Congress cannot increase the amount of appropriations

D. Legislative authorization and checks on the president

 - President has the sole power to declare the existence of emergency of war (2/3 of votes)
- taxation powers implemented by the president but as authorized by Congress
- Override capacity on the presidents vetoing power

E. Vice president and presidential succession

- Same qualifications, manner of election and impeachment apply to the vice president
- Acts as the president until the president elect have been qualified and chosen
o If both have not been chosen, the senate president will take over
o If not the speaker of the House of representatives takes over

F. Public accountability
- A public trust
- President, vice president, along with other officials are subject to removal from office, on
impeachment for culpable violation of the constitution, treason, bribery, graft and corruption and
other high crimes of betrayal of public trust
- House of representatives initiates all cases of impeachment but senate has the power to decide

G. Restoration of democracy and Constitutionalism

- Common denomination of the 4 presidents in pursuing democratization in the mechanism of
decentralization
- Corazon Aquino
o Affirmed course of democratization by abiding six year term
- Fidel Ramos
o Focused on political continuity and strongly on improvements in the economy
- Joseph Estrada
o Centennial President

H. Executive-legislative relations

I. Judicial Independence

J. Civilian Supremacy over the military

K. Executive direction, the bureaucracy, and development

- Crucial tasks: to restore, consolidate, and stabilize democratic institutions and processes
o To attain peace and order, economic, and social development

L. Civil Society, church, the media, and the public

M. Leadership, accountability, integrity

- A strong republic is a political order that rests on strong institution rather on charismatic or
benevolent leaders
o A system of rational administration based on legal authority

N. Conclusion
- Crucial mandates of the president
o Restoration and consolidation of democracy
o Constitutionalism and rule of law
o Public accountability
o Human development

IV. Judiciary
A. Judicial Structures and powers under the 1987 Constitution
 - 1987 Constitution established a republican and democratic state
- Set up a presidential system of government wherein power is divided to 3 branches
- Constitution vests judicial power in the Supreme Court and lower courts

B. Judicial structure and powers

- Security of tenure
o Courts may be established or abolished by law but subject to an observance of a new rule
o (No law can be passed without reorganising the judiciary when it undermines the security of
tenure of its members)
- Fiscal autonomy for the judiciary
o Appropriations intended for the judiciary that shall be automatically and regularly released
may not be reduced by the legislature below the amount appropriated for the previous year
- Creation of the Judicial and Bar Council
o Principal function of screening and recommending appointees to the judiciary
o Composed of:
SC Chief Justice as ex officio chairman
the secretary of justice and representative of Congress as ex officio members
a representative of the Integrated Bar of the Philippines (IBP)
a professor of law
a retired member of the SC
a representative of the private sector
o president appoints regular members with consent of the Commission on Appointments of
Congress
o JBC prepares a list of at least 3 nominees for every vacancy and the president makes a
choice with no confirmation needed
o basis of screening appointments:
high standards of proven competence
integrity
probity
independence
- Extended power of Judicial Review
o duty to settle actual controversies involving rights with are legally demandable and
enforceable"
o power to determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of Government"
o new power was added to emphasize that when grave abuse of discretion is committed even
by the highest execution authority, the judiciary should not hide behind the political question
doctrine
o this provision limits the discretion previously enjoyed by the Supreme Court
- Power to review the proclamation of the martial law and the suspension of writ of the habeas
corpus
o power to review, in an appropriate proceeding filed by any citizen the sufficiency of the
factual basis of the proclamation of martial law or the suspension of the privilege of the writ
of habeas corpus or the tension thereof "
o the grant of power to suspend the privilege of the writ of habeas corpus is neither absolute
or unqualified
- Judge of presidential elections
o responsibility of sitting as the sole judge of all contests relating to the election, returns, and
qualifications of the president and vice president
o institutionalizes in the Constitution a statute in force before martial law that constituted the
Supreme Court as the Presidential Electoral Tribunal
- Summary
o sets forth the guarantees of judicial independence
o creation of the JBC is a departure from the judicial appointments during the past
authoritarian regime (when the president filled up vacancies without prior screening)
o with the JBCs screening and drawing list of nominees, there will be a better quality of
 judges

C. The structure, powers, and composition of the judiciary

- The Supreme Court

o highest court of the land
o court of last resort for no appeal lies from its judgements and final orders
o highly independent tribunal
o composed of Chief Justice and 14 associate justices
o sits in 3 divisions with 5 justices each
a decision of one division is considered the decision of the whole SC
o a person to be appointed Justice of the SC should be:
a natural-born Filipino citizen
at least 40 yrs old
must have been 15 yrs or more a judge of a lower court or engaged in the practice of
law in the Philippines
must be a person of proven competence, integrity, probity, and independence
o members of the SC are appointed by the president from a list of 3 nominees prepared by
the JBC
o no fixed terms for justices of the SC
o shall hold office during good behaviour until the age of 70 or become incapacitated to
discharge the duties of their office
o may be removed by impeachment
o a majority of 8 justices was required in order to declare a treaty, executive agreement, or
law as unconstitutional
o judicial policy that the case should first be filed to the lower court or hierarchy of courts
doctrine
o decisions of the SC that have become final are part of the law of the land
- Supreme court powers (that may not be diminished nor removed by congress)
o original jurisdiction over cases affecting ambassadors, other ministers, and consuls, and
over petitions for certiorari, prohibition mandamus, quo warrant, and habeas corpus
o apellate jurisdiction over final judgments and orders of lower courts
o temporary assignment of judges of lower courts to other stations
o order change of venue or place of trial to voice miscarriage of justice
o promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts
o power to appoint all officials and employees of the judiciary
o administrative supervision over all the courts and the personnel
o power to discipline judges of lower courts or order their dismissal of a majority of votes
- Court of Appeals
 o reviews cases appealed to it from the Regional Trial Courts
may review questions of fact or mixed questions of face and law
o not a creation of the Constitution
created by virtue of a law enacted by Congress
may be abolished or reorganised by virtue of another law
o qualifications of CA judges are same of SC judges
o first created in 1936
o replaced by the Intermediate Appellate Court in 1981
consisting of a presiding appellate just and 49 associate justices
o promulgated its own Internal Rules in 1988
provide that the Court should be composed of a presiding justice and 50 associate
justices who shall sit in 17 divisions of 3 justices each
o Congress increased in numbers in 1996
justices from 51 to 69 and divisions from 17 to 23
o whenever demanded by public interest or justified by an increase in case load, SC may
authorise any division to hold session periodically
trials or hearings in CA must be continuous and must be completed in 3 months
unless extended
- Regional Trial Courts
o Phil. is divided into 13 different judicial regions with its own RTC
o formerly known as Court of First Instance
o appointed from the president from a list of 3 nominees submitted by the JBC
o Congress determines qualifications
must be a citizen of the Philippines
a member of the Philippine bar
proven competence, integrity, probity, and independence
o qualifications prescribed by Batas Pambansa 129
a natural born Filipino citizen
at least 30 years old
at least 10 yrs engaged in the practice of law in the Philippines
o basically trial courts
courts of general jurisdiction
decides cases within and beyond the law
- Courts of the First Level
o appointed from the president from a list of 3 nominees submitted by the JBC
o qualifications of judges are prescribed by both the Constitution and by statute
citizen of the Philippines
member of the Philippine bar
person of proven competence, probity, and independence
o Batas Pambansa 129 additional qualifications
natural born Filipino citizen
at least 30 years old
at least 5 yrs engaged in the practice of law in the Philippines
- Special Courts
o judicial tribunal exercising limited jurisdiction over particular or specialised categories of
action
o Court of Tax
3 presiding judges
jurisdiction to review decisions of the Commissioner of Customs and the
Commissioner of Internal Revenue
decisions are appealable to the CA
o Sandiganbayan (Graft Court)
 decides criminal cases involving violations of Anti-Graft and Corrupt Pracices Act,
Law Providing for Forfeiture of Illegally Acquired Property, In/Direct Bribery, and
Corruption of Public Officials
jurisdiction over
officials of the executive branch (regional director or higher)
members of Congress
members of the Judiciary
Chair and embers of the Constitutional Commissions
All national and local officials classified as 27 or higher
crimes committed by public officials not covered by the above enumeration
are triable before regular courts
- Quasi Courts
o administrative agencies that are not courts of justice but are empowered by the Constitution
to decide certain cases
o acts like courts but properly belongs to executive departments
o created to assist regular courts in clogging their dockets
o Ex: COMELEC, COA, NLRC, etc.
o decisions are appealable to the CA
except decision of COMELEC, COA, NLRC may be reviewed directly by the SC

D. Performance of the Jury since 1986

- Court assumed jurisdiction over controversies
o Gonzales vs. Macaraig Jr.
o Sarmiento III vs. Mison
o Bautsita vs. Salonga
o Calderon vs. Carale
- SC slowly reasserted respect for the rule of law and managed to project itself as the last resort of
the people
- legitimizing presidency of Estrada vs. Macapagal Arroyo
o most politically charged case
 o popularity personalized by Chief Justice Hilario Davide
high approval rating was absorbed by the entire SC as an institution
momentarily, people forgot the problems in the judiciary
o some analysts say the the court did the most pragmatic or the most popular thing
o there was little consideration of the legality and constitutional issues involved
o demonstrated the Courts capacity to take a very active role in the shaping of society
o showed the Courts propensity to exercise its power of judicial review
- Court and legal system are not isolated from political realities
o justices of the court are not immune to the needs and demand of the people in the streets"
- Courts role as the guardian of the nations legal framework
- Judicial Pragmatism
o calls for the application of more than the law
o demands the observance of realities and adjustments to the changes these realities bring
o combines the rigidity of the law and the dynamism of politics
o Court will do away with legalisms to decide what it perceives as the popular view in the
mistaken notion that popularity translates into democracy
o Court seems to be codding only popular views and not legal ones
o danger in the relative nature of democracy

E. Problems and Issues facing the Judiciary

- Delay and inefficiency in the administration and delivery of justice
o Societal Complexion of Delay
changes in political and social environment
increase in number of cases filed due to:
increase in national population
leaps in socioeconomic development
heightened awareness of people of their rights and privileges
perceived prevalence of litigious propensity of Filipinos
enactment of new laws and rules
increased government actions affecting private individuals
o Court System Delay
judiciary lacks courts, judges and personnel
slowness or difficulty in filling up vacancies
inadequate budget allocated
complexity of rules of procedure leads to layer upon layer of delays and vulnerable
technicalities
management competence is far from ideal
o Judge Caused Delay
incompetency in the application of procedural rules, judicial decision making, case
flow management
may be ignorant to the law
o Lawyer Caused Delay
unavailability at the appointed date of trial
unwillingness to proceed due to unpreparedness
inexperience, ignorance, and inefficiency
delaying tactics in the hope of improving clients position
attitude that lawyering is a business
o Delays Caused by Court Related Agencies
inefficiency and incompetence of the prosecutors or fiscals
non appearance of police witness
failure of police to serve the courts arrest orders
unavailability of transport services
inefficiency of the postal service in the delivery of court
- Peoples access to the courts
 o poor people are disadvantaged
hiring high caliber lawyers and the expenses involved
submissive attitude and inability to communicate with their lawyers because of hiya
lack of education and knowledge of the law
lack of family support due to limited finances
o hindrances of Public Attorneys Office to provide assistance:
overwhelming workload
lack of facilities
lack of investigators
meager salaries
language of the law and the courts
- Negative perceptions of the Judiciary and justice issues
o popularity of the term hoodlums in robes"
term to describe corrupt and immoral members of the judiciary
o many people view them as corrupt, inefficient, and unable to deliver justice
- Wide Perceptions of Graft and Corruption
o judiciary is said to be the least transparent among the three branches
due to its strictly confidential nature of deliberations
- Judicial independence and the manner of appointments
o JBC was created to minimize the role of politicians in the appointments of justice and judges
o President has the last say in the appointments

F. Judicial Reforms
- Reforms addressing delay and inefficiency in the administration and delivery of justice
o Creation of the Office of the Court Administrator
CA was created to assist the SC in its constitutional function of supervising the lower
courts in 1986
composed of the Chief Administrator and 3 Deputy Court Administrators
CA is tasked to assist the lower courts in satisfying their housekeeping needs
and making sure that they have adequate supplies, equipment, and
personnel
initially processes the administrative complaints against judges and court
personnel and submits its recommendation for final disposition of the SC
o The continuous trial system
response to system of piecemeal trials or the segmented trial
90 days are allotted as trial period and trials must held on the times and dates
agreed upon
reform was tested
trial delays were brought down to a minimum
commitment of the counsels to specific trial dates stopped the undesirable
system of resetting
settlements by compromise in civil cases and plea bargaining in criminal
cases increased on account of the litigants' exposure to mandatory pretrial
proceedings
Effects:
Litigation ime in courts using continuous trial is considerably shorter
The output of the pilot courts using the new system is higher than that of non
pilot courts using piecemeal trials
Effectively reduced the volume of cases that had to undergo trial
Lawyers complained that:
they were forced to rest their cases even if evidence was incomplete
worked to the advantage of the poor litigants who could not afford the
services of seasoned
 reduced lawyers income as appearance fees had gone down
lawyers can only commit themselves to one case a day
o Pretrial
parties consider:
amicable settlement or compromise to end dispute quickly
eliciting of more admissions, either of liability or as to the facts
disclosure of evidence, naming the witness, and limitation of their number
ways to shorten or otherwise expedite the proceedings
offer the bench and bar an effective procedural device
provided the vehicle to upgrade the skills of judges
Katarungang Pambarangay (Community Justice System)
designed to speed up the settlement of minor civil and criminal cases and to
minimize the referral of such disputes in court
each barangay has a Lupong Tagamayapa (arbitration council)
o constituted every 3 years
o Barangap Captain as chair
o 10-20 members appointed by the char
no dispute involving individuals in the same city w/o going under the Lupong
Tagamayapa
when a complaint is filed with the council
o chair calls the parties
o amicable settlement within 15 days
o constitue a conciliation panel or Pangkat ng Tagapagsundo
o hear both parties
o failure to achieve an amicable settlement, certificate is issued
o then may the party go to court
purpose to relieve the trial courts of cases among neighbours that could be
settled through mediation
considerably diverted thousands of cases from the court system
Refinement and simplification of court procedures
reviews procedural laws with a view toward amendment and refinement
o procedures are further simplified and made more inexpensive and
conducive to the speedy disposition of cases
revisions include
o rules on summary procedure in special cases
o rules on criminal procedure
o rules on evidence
o rules on civil procedure
Computerisation of in aid of administration and delivery of justice
aid the courts in improving the administration and delivery of justice
monitoring and tracking of cases
installation of e-courts
E-Library project
o network of legal and jurisprudence information to all
Mediation as an alternative dispute resolution program
process where a neutral third party of facilitates communication and
negotiation between parties to assist them in reaching a voluntary agreement
and resolving a dispute
effective, faster, cost saving, and durable
restores relationships designed the Philippine Judicial Academy for court
referred and court related mediation cases
cases referable to mediation
 o all civil cases
o settlements of estates
o cases covered by the Rule on Summary Procedure
o cases covered by the Lupong Tagamapyapa
o civil aspect of Batas Pambansa 22 cases
o civil aspect fo quasi-offences
o estafa and libel cases
o mediation proceedings are protected by confidentiality
o time frame shall not exceed 30 days
o if mediation succeeds
o trial court shall be infomred by the mediator
o If mediation fails,
o mediator shall issue a certificate and return the case to the court
- Developing a moral and competent
o Code of Judicial Conduct
members of the judiciary must be of proven competence, integrity, probity, and
independence
1989 promulgation of a new Code of Judicial Conduct
incorporates measure to secure and guarantee discipline as a cornerstone of
judicial education
applies to all judges from the municipal level the to SC
regulates the conduct of judges as public officials and as private persons in
their relation to the judiciary as an institution
transgressions of the Code are bases for appropriate action
there are other codes that the SC approved and are now in effect
Code of Professional Responsibility
Code of ethics for lawyers
Code of Judicial Accountability
Code of Conduct for Court Personnel
o Continuing judicial education
requires newly appointed judges to undergo a preservice training before assuming
their posts
course includes lectures and practical exercise through workshops and an
immersion to sit with other senior judges
orientation seminars focus on sharpening the procedural and evidentiary rule
proficiency of judges
improves communication skills, techniques in decision writing and imbuing
them with principles of judicial ethics and decorum
program aims not one to update judges on recent laws but to provide them with
requisite management skills s to effectively manage courts resources
SC disseminates elgal information materials
includes digests of its decisions to judges and lawyers group nationwide
(IJA) based on the University of the Philippines Law Centre has ben
assisting the SC in this program
o comprises of representatives of the SC and the UP Law Center
o chief justices as chair
o primary task to conduct and coordinate researches and studies on the
operation of the Philippine court system and to stimulate research and
study on the part of private persons and agencies
Committee on Legal Education
composed of 3 SC justices
created by the high court in 1994
 task to revise the curriculum, the student practice of law, and the
administrative supervision of courts in legal education
established the Philippine Judicial Academy in Tagaytay
undertake regular nationwide training of justices, court personnel and lawyers
o not only for career enhancement but also for capacity building in
special areas of concern
o Monitoring judicial projects, programs, and performance of trial courts
program for periodic performance evaluation of judges to ensure attainment of peak
productivity in courts
conduct continuing process of monitoring judicial projects, programs, and
performances of judges and courts
monitoring system to provide the SC with solid information on the performance of
individual judges and their courts
performance evaluation is based on:
integrity and moral character
proficiency in the rules of procedure and evidence
judicial decorum and courtroom demeanour
attitude and behaviour toward lawyers and litigants
quality of decisions, orders, and rulings
industry and diligence in the performance of judicial functions
speed and dispatch in the disposition of cases and petitions
o Penalizing erring judges
campaign to deal with corruption in the judiciary
offenses include:
dishonesty
ignorance of the law
immorality
other forms of malfeasance
penalties include:
o dismissal from service
o suspension from office
o payment of fines
o Honoring exemplary performance
donors those who have rendered exemplary service
conducts an annual search for outstanding judges and clerks of court
modest cash prizes and trophies or medallions are given
- Reforms addressing peoples access to the courts
o Law student practice
law student in third year of four year prescribed law curriculum and recognized by
the SC may appear without compensation before any trial court, tribunal, board, or
officer
students appearance shall be under the direct supervision of a member of the bar
accredited by the law school
pleadings must be signed by the supervising lawyer on behalf of the legal clinic
Ex: UP College of Law
o The growth of Philippine development legal services
forming of NGOs to address broader development issues instead of just providing
traditional legal aid or focusing mainly on human-rights abuses
activities of Philippine developmental legal services are efforts
to make client populations more legally and economically self sufficient and
to reduce the political, psychological and financial debts that usually bind
them
to inject justice, accountability, and predictability into the legal system
 More important, to democratize access to state allocated resources and
policy making processes
Justice on wheels project
First ever mobile court
o Air conditioned but with small courtroom
Funded from a loan the SC obtained from the World Bank
Follows mobile court projects in other developing countries
- Reforms addressing public information issues
o Implemented a public information program
Information bases outfit
Opens up channels of communication between the SC and other sectors through:
Press releases
Regular publications
E-mail list
Web site
Educational tours for students, foreign guests, gov. officials
- A comprehensive reform program: The Action Program for Judicial Reform (2001-2006)
o Formulated a reform that aimed at enhancing the judiciarys performance and improving the
delivery of justices
o Recognizes the numerous reforms introduced before
o Intended to be a systematic and well directed judicial reform program
o Six components
Judicial systems and procedure
Institutions development
Human resource development
Integrity infrastructure development
Access to justice by the poor
Reform support systems
o Program Management Office (PMO) was created to ensure that the program is implemented
effectively
Anchorage of overall coordination of projects and activities to avoid overlapping
Management of project implementation in close consultation with various
stakeholders
Preparation of new projects and activities
Mobilisation of resources for the new projects

G. Summary and Conclusion

- Since 1986, the judiciary has restored peoples faith in the system
- Landmark rulings of the SC have helped in
o Democratic consolidation
o Political stability
o Judicial independence
- Reforms introduce improvement in the performance of the judiciary
- Judiciary is part of an expanded system and its stakeholders involve other branches of the
government, public and private groups, and the people as a whole

V. Legislative
A. Structure and Membership of Congress
- The Senate
o Composed of twenty-four elected members
o Serves a term for six years
o Senators may be elected for not more than two consecutive terms
o Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected
 - House of Representatives
o Composed of not more than 250 members
200 are from each legislative district
Each district (population of 250,000) has at least one representative
o Reappointment of every 3 years
- Party-list system
o Election from labor, peasant, urban poor, indigenous cultural minorities, women, youth, and
such other sectors except the religious
- Term of Office of representatives
o Each member of the House of representatives is elected for a term of three years and may
be reelected
- Qualifications of members of congress
o
- Privileges of and prohibitions on members of Congress
o

B. Organization of Congress
- Officers of Congress
o
- Electoral Tribunals
o
- Commission on Appointments
o
- Standing and ad hoc committees on Congress
o Examples
Committee on Appropriations
Committee on Ways and Means
Committee on Education
Committee on Public Works
Committee on Health

C. Powers and Functions of Congress

- Legislative power
o
- Executive power
o
- Judicial power
o
- Power of impeachment
o
- Diplomatic power
o
- Constituent power
o

D. Socioeconomic profile of the Members of Congress

-

E. Political Parties and Contests for Leadership in Congress

-

F. Dynamics of Lawmaking
-
 G. Legislative-Executive Relations and the Enactment of Laws
-

H. Record of Advancement of Congress

-

I. Summary and Conclusion

-

VI. Democracy
A. Definition
- A promiscuous term
- Both sacred and promiscuous
- Can mean anything to anyone
- System of rule by the poor and disadvantages (Heywood)
o People rule themselves directly w/o the need for public officials
o Society based on equal opportunity and individual merit rather than hierarch and privilege
o System of decision making based on the principle of majority rule

B. Four broad usages

- Greek usage (Greeks)
o Power of rule (kratos) of the many (demos): rule of the poor and ignorant over the educated
and philosophers (Plato); democracy is anarchy of more opinion (Plato)
o Mixture, the few ruling with the consent of the many (Aristotle)
- Roman and later republican usage (Romans)
o Good government is mixed government, but that the democratic popular will could actually
give greater power to a state
Good laws to protect all are not good enough unless subjects become active citizens
making their own laws collectively
- French revolutionary meaning of democracy (French revolution)
o That everyone, regardless of education or property, has a right to make his or her will felt in
matters of public policy and the state
o The general will or common good is better understood by well meaning, simple, unselfish
and ordinary people from their own experience and conscience rather than by the over
educated elite living amid the artificiality of high society
o More to do with the liberation of a class or a nation, whether from oppression or ignorance
between not necessarily connected with individual liberty
- American democracy and its influence (West)
o 19th century and after WW2
o Democratic nation that everyone must mutually respect the equal rights of fellow citizens
within a regulatory legal order that defines, protects and limits those rights
o What happens when some democratic elements become too powerful?
o What about passive and active citizenship?
Role of individuals in the process of law making
o What is the difference between optimal and minimal democracy?
Going beyond what elections do for US

VII. Local Government and Decentralization

A. Local Government Code of 1991
- Lower-level political institutions have been given powers under a decentralized politico-
administrative set-up (wider participation in governance and making the political system more open
and accessible than ever before).
 B. Decentralization
- May take the forms of deconcentration, devolution and debureaucratization
- With the LGC of 1991, decentralization is adopted as an approach to governance and a strategy to
bring about democratization.

C. Decentralization defined
- Generally refers to the systematic and rational dispersal of power, authority and responsibility from
the center to the periphery, from top to lower levels or from the national to local governments.

D. Decentralization rationalized
- Hastens decision-making processes by decongesting central government and decreasing red tape
- Increases citizen participation and empowers citizens, leading to a more open and democratic
government

E. Decentralization: 3 Major forms

- Deconcentration
o Transfer of functions to lower-level administrative units designated by the central office.
o Mostly administrative in nature
o Management tool to decongest the central office.
- Devolution
o Transfer of powers and authorities to lower-level political or local government units.
o Related to political autonomy and political in nature
o LGUs are normally characterized by the ff: has a local executive, has an elected local
legislative body that passes local laws or ordinances; has specific taxing powers; has a
jurisdiction over a certain defined geographical area
- Debureaucratization
o Transfers of powers and authorities to units not within the purview of government (NGOs,
private sectors, other groups falling within the range of civil society)
o Banks on the contribution of the private sector to bring about good governance

VIII. Martial Law

A. Definition of Terms
- Martial Law
o Article VII, Section 10, Paragraph 2 of the 1935 Philippine (Commonwealth) Constitution
The President shall be the commander-in-chief of all the armed forces of the
Philippines and, whenever it will become necessary, he may call out such armed
forces to prevent or suppress lawless violence, invasion, insurrection, or imminent
danger thereof, when the public safety requires it, he may suspend the privilege of
writ of habeas corpus, or place the Philippines or any part of thereof under the law.
- Crony Capitalism
o Re-establish oligarchic ruling power in the Philippines to reduce possible threats to Marcos
regime
o Secure political and economic power
o Led to monopoly of industries and the penury of small farmers
Economic disaster brought about by crony abuse of foreign loans
- Rolex 12
o People who helped Marcos in planning Martial Law
o Marcos and Enrile took care of legitimizing Martial Law
o The military officers were in charge of implementing the plan
- Oplan Sagittarius
o Placing the country under military control, in case of trouble
(Blueprint of Martial Law)
 o Up to around 30,000 prisoners
- Opposition
o New Peoples Army, Communist Party of The Philippines
o Revolts against Marcos and his regime but not as effective
Operated separately instead of moving as one unit
o General Manuel Yan, General Rafael Ileto
Examples of officers opposed to martial law that were taken out of their position

B. How was Marcos able to get into power?

- Ferdinand Marcos
o One of the brightest Filipinos of his generation
o Already at law school at 21
o Imprisoned due to accusations on the death of Nalundasan
(Opponent of father as representative of Ilocos Norte)
Reviewed for bar exams while in prison (Top notcher)
Defended himself in Supreme Court
o Jose Laurel Sr. saw the talent of Marcos and cleared his name
o Spread story of leading a guerilla group called Maharlika in World War 2
o Received 30 medals
(Most of which are fake but boosted political power)
o 3 years as rep of Ilocos norte
o Top notcher in senate
Became senate president
o Married Imelda Marcos ("Rose of Tacloban")
Political move
o 1966, won as 6th President of PH

- 1970
o Rumors on how Marcos will keep power
Plan A: change system to Parliament
Become prime minister
Plan B: declare martial law
o Constitutional Convention to change 1935 constitution
Delegates were bribed by Imelda
ConCon transferred all legislative and executive power to the president (Marcos)
o Oplan Sagittarius
"Contingency plan on how to utilize the forces of the element of the armed forces in
case of trouble"
Gen. Romeo Espino (Chief of armed forces)
Changed by Marcos and Enrile
o Rolex 12
Marcos and Enrile tasked with legalities of the martial law
Military officers implemented the plan
Officers who were against the martial law were removed of sensitive posts before
martial law
o Wanted to run under the Liberal party however the partys vote was given to the then sitting
president, Diosdado Macapagal
Marcos switched parties (to the Nacionalists)
Able to get his nod and eventually won the elections
Among the things he promised during his 1st term were
Economic development
Infrastructure.
His platform includes:
 A law degree from UP
3 war medals from the Japanese invasion during world war 2
Serving in the House of Representatives and the Senate. (presented fake
medals, married Imelda Romualdez: a political decision which granted
support from both north and south)
- Media
o Closure of several media establishments (Letter of Instruction No. 1) during martial law
People in media critical of Marcos were taken to military camps for interrogation
All media publications were to get clearance from the Department of Public
Information (DPI) (Order No. 1)
Possessing, printing and distributing any material which undermine the integrity of
the government were penalized (Presidential Decree 33)
o Everything was quiet on the streets, and on radio, it was just music. And nobody knew what
was happening except for me and my family and the families of the soon-to-be arrested
opposition leaders. (Cory Aquinos interview on the mass arrest of opposition leaders
including Sen. Ninoy Aquino)

C. Do the benefits outweigh the evils of Martial Law?

- Positive
o Support from the Americans on his dictatorship
o Rise of Gross National Product and prices of export products, sugar and coconut in
particular. (Only from 1972-1976)
o Infrastructure
Philippine Folk Arts Theatre
Philippine International Convention Center
Heart, Lung and Kidney Centers
Manila Film Center
Cultural Center of The Philippines
- Negative
o Human rights violations & one sided military judges
o Shutdown of media establishments
o Marcos had Geny Lopez, one of his enemies, arrested for him being accused in being
involved in a Marcos assassination plan then asked for his sugar plantations and other
businesses in return for Lopezs freedom
o Crony Capitalism
o Rise of oil prices from wars in the Middle East thus lowering the export earnings,
increasing what the Government owes (up to $10 billion) to the World Bank and
International Monetary Fund
o Some of the Marcos corrupt wealth noted is a tiara made of rubies, pearls and diamonds
costing Php860,000 and an 18-carat gold belt with a diamond-studded buckle worth
Php645,000. This amount can provide subsidies for 460 poor families
- Summary
o When income was at its highest at the time, the GDP per capita decreased drastically
Marcos failed to sustain the economy
not paying back his debts
only able to return to the same as 1982 was 21 years later.
Lot of ground to make up for to get to the same economic level as the other Asian
countries.
o The money used for their luxury couldve been spent on providing more public infrastructure
like schools and shelters
The government is still tracking down the remaining of Marcos ill-gotten wealth,
$4 billion dollars (Php168 billion) have been recovered

D. How did the Martial Law period affect our political outlook today?
- Democracy was re-established
o leading to the mobilization of citizens today.
o People are more active in terms of politics, especially with the rise of social media, voicing
out support and criticism towards the candidates of their choice.
- A vast majority of the population considers the marcos regime a success due to several reasons
o The appeal of the economic progress of the early years of martial law
o Misinformation
o Military abuse concentration in manila
- Negative Effects
o Economic
Marcos era was seen to have an economic tiger for an economy
In truth, the various industries were mismanaged by cronies, showing that it
wasnt as robust as it seemed
Drafting of the constitution as a very protective one, economic issues are included
here, trying to preserve the interest of Filipinos.
Meant to transition the Philippines from Marcos authoritative regime
Not really expanding much to anticipate the future framework of the countrys
economy
With the rise of globalization, other countries in the ASEAN have left the
Philippines in terms of investments
o A lot of which can be attributed to the constitution
o Not being as conducive to foreign investment as other countries are
Large amount of debt that our country had to pay-off
o Political
Time of discipline and was able to successfully instill peace within the country
Regime was able to control almost all forms of media
Not showing the various abuses during the time
Perceived failure of government to meet the citizens, needs in terms of infrastructure
After the Marcos regime, the Cory administration wanted to decentralize the power,
from a chosen few to empower the masses in the Philippines
Changing the political landscape from a dual-party system, to have more
political parties so that other sectors, and not only the oligarchic class is
represented in national politics
Political ideology is lost between the lines
Leads to popularity politics because there is less scrutinization of candidates
within political parties themselves.