lnstructional Material

Prepared and Compiled by Atty. Alfie Luzana Omega

Course Description:
Course Code: PA 510

It deals with the process of making and implementing effective public policy with special
attention to the influences ol politics, bureaucracy, media, interest groups and
intergovernmental structure.

CLASS SCHEDULE
April 7
14 and 15
21 and

Grading System:

407o Recitations
60% Exams, Quazzes, and other written instructions

REFERENCE BOOKS

. Understanding Culture, Society and Politics (Gerry ir. Lanuza and Sarah Jane S.
Raymundo)

. Politics and Governance (Rodrigo D. Costales, Dennis J. Saluba and Abigeil f. Carlos)

. The 1987 Philippine Constitutioni A Comprehensive Reviewer (Joaquin G. Bernas, S.J)

What is PUBLIC POLICY?

The policies that have been declared by the state that covers the state's citizens. These laws
and policies allow the government to stop any action that is against the publics' interest. There
may not be a speciflc policy that an action pertains to but if it is not deemed good for the public it
will be quashed. (Black's Law Dictionary)

BRIEF HISTORICAL BACKGROUND OF SOCIAL SCIENCE

ANCIENT GREEK PHILOSOPHERS

1. Socrates
2. Plato
3. Aristotle

Socrates
t He attempted to establish an ethical system based on human reason rather than
theological doctrine.
> Ultimate wisdom comes trom knowing oneself.
> Socrates believed that government work best when ruled by individuals who had the
greatest ability, knowledge, and virtue and possessed a complete understanding of
themselves.

Plato

> STUDENT of Socrates

> Plato founded the Academy in Athens, one of the first institutions ol higher learnrng in
the Western world.
I LEcruREi PA 510 Atty, Alfie Luzana Omega
 > After Socrates' death, Plato traveled for 12 years throughout the l\rediterranean region,
studying mathematics with the Pythagoreans in ltaly, and geometry, geology, astronomy
and religion in Egypt.

Two major events that set his course in life

1. Meeting the great Greek philosopher Socrates;

2. Peloponnesian War between Athens and Sparta

ARISTOTLE

> According to Aristotle, the dead are more blessed and happier than the living, and to die
is to return to one's real home.
> ln his dialogue Eudemus, reflects the Platonic view of thesoul as imprisoned in the
body and as capable of a happier life only when the body has been left behind.

PHILOSOPHY distinct from SCIENCE

> Philosophy is based on analytic understanding of the nature of truth asserted about
specific topics of issues.
> Science is based on empirical data, tested theories, and carefully contrived
observations. lts is inductive.
> Science seeks to discover the truth about specific causes of events and happenings in
the natural world.

DEVELOPMENT OF SOCIAL SCIENCE

SOCIAL SCIENCE

> a branch of science that deals with the institutions and functioning of human society and
with the interpersonal relationships of individuals as members of society

SOCIOLOGY

> Branch of the social sciences lhat deals with the scientafic study of human interactions,
social groups and institutions, whole societies, and lhe human world as such.
> Studies the relationship between the individual and the society as they develop and
change in history.

POLITICAL SCIENCE

> Part of the social sciences that deals with the study of politics, power and government

POLITICS refers to "the process of making collective decisions in a community, society, or

group through the application of influence and power".

It studies how even the most private and personal decisions of individuals are influenced by
collective decisions of a community

ECONOMY AS FOUNDATION OF SOCIAL LIFE

TYPES OF CLASS
according to KARL l\rARX

CLASS refers to relations among people who share the same class interests in relation to the
means of production.

1. Bourgeoisie;
2. Proletariat or Working Class;
3. Lumpenproletariat or Dangerous Class

2 LECTURE: PA 510 Atty. Alfie Luzana Omega

 System of Stratification

According to i,IAX WEBER "CLASS" referred to social differences based on economic divisions
and inequalities. "STATUS" designated the differentiation of groups in the ,communat, sphere in
terms of their social honor and social standing.

System of Stratification

1. Caste System

Also called as closed system.

The positions of people are already determined at the moment they were born.

Membership of castes is ascribed rather than achieved, and social contact between castes is
heavily constrained and ritualized.

2. Class System

lndividuals are positioned according to their access to the means of production and contribution
to productive labor.

Education has become the accepted means to advance one,s social mobility.

Among Filipino familjes, education is considered as the "ticket to success,,.

SOCIAL MOBILITY when people are allowed and are capable of moving from one stratum or
class to another class.

Class lnequalities According to PIERRE BOURDIEU

> PIERRE BOURDIEU, a French sociologist, who deatt extensively with ctass inequalities
by arguing that capital, in its classic Marxist usage, does not refer only to economic
assets but also includes cultural, symbolic, and social capital.

'1. Cultural Capital refers to the forms of knowledge, educational credentials, and
artistic taste that a person acquires from family background, which give them
higher status in society.
2. Social Capital refers to resources based on group membership, relationships,
and networks of influence and support.

Mutual acquaintance, and recognation.

3. Symbolic Capital as "the acquisition of a reputation for competence and an image

of respectability and honorability.

A celebrity has a higher symbolic capital than an ordinary individual. She can
utilize that symbolic capital to run for political office.

lnfluence of Mass Media with the process of making and implementing effective policy

Essential Questions for consideration;

o What is Mass Media?

o ls Mass lledia helpful or destructive to young people?
o How does Mass Media shape the way we look at realaty
o What is Mass Media?

Mass media means technology that is intended to reach a mass audience.

It is the primary means of communication used to reach the vast majority of the general public.

The most common platforms for mass media are newspapers, magazines, radio, television, and
the lnternet.

3 ttcrURE: PA 51O Atty. Alfie Luzana Omega

Mass Media and Youth Cullure

Socialization of children.

According to 2012 survey of Cartoon Network, Fitipino children are clear about what they want
and don't want.

-Filipino children have firm preferenc€s on what gadgets they like to use, what TV shows they
like to watch, and what activities they want to do.

Mosl commonly mentioned intended media effects:

1. The effects of advertising on purchasing;

2. The effects of political campaigns on votingl
3. The effects of public service announcements (PSAS) on personal behavior and
social improvement;
4. The effects oI propaganda on ideology;

These media effects work together to shape the behavior and thinking of people.

Factors to mediate Mass Media

'1. Family
2. Religion
3. Peer Group

While mass media carries modernizing currents, it also pROl\rOTE TRADITIONAL FlLlplNO
VALUES,

Devslopment Journalism
i Help preserve social and political order.
> Used to inform people about corruption and be a catalyst for social change

Society As Spectacle

> Term coined by Guy Debord, a French artist and social critic, spectacle or media images
dominate politics in modern societies.
> Media redefined Philippine politics as battle for image, display and story an the forms of
entertainment and drama.
> Politicians get elected because lhey represent the poor and the oppressed in their
movies.

Can you name a few celebr ty,politicians?

INFLUENCES OF POLITICS AND POWER

WITH THE PROCESS OF MAKING AND IMPLEMENTING POLICY

Essential Ouestions

o Vvhat does Politics mean?

o Vvhere power lies? Who wields power?
o What do you consider as an ideal polatician in terms of character, religious views, values,
and educational background.

POLtTtCS

, Politics is derived from the Greek words 'Polis' which means community and 'Poli'
meaning many.
i Politacs can be deflned as the laws, methods and practices of group which makes
decisions
4 LECTURET PA 510 Atty. Alfie luzana Omega
 > "Politics is who gets what, when, how." Harold Lasswell (American political scientist)
> Where power laes? Who wields power?

"Sovereignty resides in the people and all government authority emanates from them."

-1 987 Philippine Constitution

STATE

REPUBLIC OF THE PHILIPPINES

Elements of a State

1. Tenitory
2. People
3. Govemment
4. Sovereignty

Territorv
> lncludes not only the land over which the jurisdiction of the state extends, but also the
rivers and lakes therein, a cerlain area ofthe sea which abuts upon its coasts and air
apace above it.
> The domain of the state may be described as terestrial, fluvial, maritime, and aerial.
> The total land area of the Philippines is about '1 15, 813 square miles or about 299, 953
square kilometers.

PeoDle

> Mass ot population living within the state.

> Wlhout people there can be no functionaries to govern and no subjects to be governed
> There is no requirement as to the number of people that should compose a state.
> What is the smallest state in point of population?

Government
> lt refers to the agency through which the will of the state is formulated, expressed and
carried out.
> This "body of men" is usually spoken as "administration'.

Sovereiontv
> The supreme power o, the state to command and enforce obedience to its will from
people within its jurisdiction and corollarily, to have freedom from foreign control.

It has two (2) manifestations:

1. lnternal or ihe power of the state to rule within its tenitory; and
2. Extemal or the freedom of the state to carry out its activiiies without subjection to or
control by other states.
Extemal sovereignty is often refened to andependence.

STATE DISTINGUISHED FROTI NATION

Purpose and Necessaty ot Government

1 . Advancement of the public welfare

2. For the proteclion of society and its members
3. Security of persons and property
4. Administration of justice
5. Preservation of the state from external danger
6. Advancement of the physical, economic, social and cultural well-being ofthe people.

5 TECTURE: PA 510 Atty. Alfle Luzana Omega

 Consequence of absence
'1. Anarchy and disorder
2. Generalfeeling of anger
3. Insecurity willprevail in society,
4. Progress and development will be promote curtailed

Forms of government
'l . As to number of persons exerctsing sovereign powers:
a) Monarchy
> One with supreme and final authority is in the hands of a single person without
regard to the source of his election or the nature or duration of his tenure.
b) Aristocracy
> one which political power is exercised by a few privileged class which is known
as an aristoqacy or oligarchy
c) Democracy
> one which political power is exercised by a majority oI the people.

2. As to extent of powers exercised by the central or national government:

a) Unitary government
> One which the control of national and local affairs is exercised by the central or
national government.
b) Federal government
> One which the powers of government are divided between sets of organs, one
for national affairs and the other for local affairs, each organ being supreme
within its own sphere.

3. As to relationship between the executive and the legistative branches of the government:
1. Parliamentary government
> One in which the state confers upon the legislature the power to terminate the
tenure of otfice of the real executive.
2. Presidential government
> One which the state makes the executive constitutionally independent ol the
legislature as regards his tenure and to a large extent as regaids his tenure and
to a large extent as regards his policies and acts, furnishes him vt/ith sufficient
powers.

Kinds of Constitution

As to their origin and history:

1. Conventional or enacted
-2. - > One enacted by constituent assembly orgranted by a monarch to his subjects;
Cumulative or evolved
> One which is a producl of growth or a long period of development originating in
customs, traditions, judicial decisions rather than from deliberate and formai
enactment.

As to their form

1. Written
> One which has been given definite written form at a particular time, usually
constituted authority called a.constitutional convention,.
2. Unwritlen
> Product of political evolution, consisting largely of a mass of customs, usages
and judicial decisions together wth a sma er body of statutory enactments of
a
fundamental character. usually bearing different d;tes.

6 LECIURE: PA 51O Atty. Alfie Luzana Omega

As to manner of amending them
'1. Rigid
-
> one regarded as a document of special sanclity which cannol be amended or
altered except by some special machinery more cumbrous than the ordinary
legislative Process; and
2. Flexible
> Possesses no higher legal authority than ordinary laws and which may be
altered in the same way as other laws

Advantagos ot a Wtitten Constitution

1 Cleamess
2 Definiteness
3 Cannot be easily bent or twisted by the legislature or by the courts
4 More secure
More stable and free Irom all dangers oftemporary popular passion

Oisadvantages of a Wlitten Constitution

1. Difflculty oI its amendment

2. Preven[s the immediate introduction of needed changes and may thereby retard the
healthy groMh and progress of the state.

CONSTITUTION DISTINGUISHED FROM STATUTE

LEGISLATIVE DEPARTMENT

LEGISLATIVE POWER

It is the authority to make laws and to alter or repeal them

Wh€re does the Constitution vest LEGISLATIVE POWER?

Article Vl, Section '1 oI the Constitution

The legislative power shall be vested in the Congress of the Philippines which shall consist of a
Senate and a House of Representatives, except to the extent reserved to the people by the
provision on iniliative and referendum.
BICAMERALISM is the practice of having two legislative or parliamentary chambers.

Advantages:
> Allows for the body with national perspective to check the parochial tendency of
representatives elected by district;
> Allows lor more careful study of legislation;
> Makes the legislature less susceptible to control by the Executive;
> Serves as training ground for national leaders.

ADVANTAGES OF UNICAMERALISM
>
Simplicity of organization resulting in economy and efliciency
>
Facility in pinpointing responsibility for legislation
>
Avoidance of duplication

KINDS OF LEGISLATIVE POWER

'1. Original possessed of by the sovereign people.
2. Derivative that which has been delegated by the sovereign people to legislative bodies
and is subordinate to the original power of the people.
This kind of power is vested in CONGRESS.

KINDS OF LEGISLATIVE POWER

1. Constituent
Power to amend or revise the Constitution

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 2. Ordinary
Power to pass ordinary laws

LIMITS ON LEGISLATIVE POWER

1 . Substantive limits curtail the contents oI a law.

Example: No law may be passed which impairs freedom of speech
2. Procedural limits curtail the manner of passing laws.
Example: A bill must generally be approved by the President before it becomes a law

May Congress delegate its legislative power?

General Rule: NO

Exceptions:

1 . lmmemorial practice legislative power may be delegated to local governments(Rubi vs.

Provincial Board)
2. The Constitution itself might in specific instances allow delegation of legislative power
(emergency powers to the President)

When legislative power is delegated, what is the scope of delegated power?

Solicitor General v. Metropolitan l,ilanila Authority (G.R. No. 102782)

The scope is only as far as Congress allows it. Thus, delegated legislation may not violate a
statute.

Qualities of the Delegating Power

Pelaez v. Auditor General

Tablarin v. Gutierrez
Araneta v. Gatmaitan
People v. Maceren

Qualities of the Delegating Power

1. Complete in itself- it must be setforth therein the policy to be carried out or

implemented by the delegate
2. Fix a standard the limits of which are sufficiently determinale or determinable to
which the delegate must conform in the performance of his functions.

May rules and regulations promulgated by administrative agencies have the force of
penal law?

U.S. vs. Grimmaud

U.S. vs. Banias

May rules and regulations promulgated by administrative agencies have the force of a
Penal law?

YES, provided that the following conditions concurl

1 . The delegating statute itself must specifically authorize the promulgation of penal
regulations.
2. The penalty must not be left to the administrative agency but must be provided by the
statute itsetf
3. The regulalion must be published in the Official Gazette or a newspaper ol general
circulation.

SENATE
8 IECIURE: PA 510 Atty. Alfie Luzana Om€ga
corvrPosrTroN
Article Vl. Section 2. The Senate shall be composed of twenty-four Senators who shall be
elected at large by the qualified voters of the Philippines, as may be provided by law.
How many Senators do we elect? 12

As part ofthe transitory provisions, the voters elected 24 senators in the 1987 election, to serve
until 1992. ln the 1992 election. the voters still voted for 24 candidates, but the first 12
candidates with the most number of votes were to serve until 1998, while the next '12 were to
serve only until 1995. Thereafter, 12 candidates are elected every second Monday of May every
third year since 1995.

QUALIFICATIONS (Sectaon 3)
1. Natural-born citizen ofthe Philippines
2. At least thirty-five years of age,
3. Able to read and write
4. Registered voter, and
5. Resident of the Philippines for not less than two years immediately preceding the day of
the election.

TERM OF OFFICE (Section 4)

shall be six years.
-No Senator shall serve for more than two consecutive terms

HOUSE OF REPRESENTATIVES
-The House of Representatives shall be composed of not more than lwo hundred and
lilty members, unless otherwise fixed by law,
-As of now, 292 members.

QUALIFICATIONS (Section 6)
'1. natural-born citizen of the Philippines;
2. at least twenty-five years oI age on the day o, the electionl
3. able to read and ffite
4. a registered voter in the district in which he shall be elected,
5. a resident thereof for a period of not less than one year immediately preceding the day
of the eleclion.

PARTYLIST SYSTEM

What organizations may participate in the party-list system?

Ang Bagong Bayani, et Al. v. Comelec, G.R. No. 147589, June 26, 200'1

The Court laid down the following guidelines:

1 .
The parties or organizations must represent the marginalized and underrepresented in
Section 5 of R.A 7941
2. The political parties who wish to participate must compty with this policy,
3. The religious sector may not be represented;
4. The party or organization must not be disqualified under Seclion 6 o, R.A 7941
5. The party or organization must not be an adjunct of or a project organized or an entity
funded or assisted by the government
6. lls nominees must likewise comply with the requirements of the law;
7. The nominee must likewise be able to contribute to the formulation and enactmenl of
legislation that will benefit the nation

Who determines whether a party is qualified or not?

VC Cadangen, et Al. v. COMELEC, G.R. No. 177i79, June 5,2OOg
COMELEC,

9 I'ECTURE: PA 510 Afty. Alfie Luzana Omega

Meaning ot Residence as qualification
Romualdez-l\rarcos vs. COMELEC
G r. No. '119976, September 18, 1995

Privilege from Arrest

People v. Jalosjos February 3, 2000
i in all offenses punishable by not more than six (6) years imprisonment. (Section 1 1 , Art
Vl, 1987 Constitution)
l-available when Congress is in session.
> Purpose: The purpose of the privilege is to protecl the legislator against harassment
which will keep him away from legislative sessions

Privilege of Speech
Antonino v, Valencia, 57 SCRA 70 (May 27, 1974)
Pobre v. Santiago, August 25, 2009
x x x I am angry. lam irate. I am foaming in the mouth. lam homicidal. I am
suicidal. I am humiliated, debased, degraded. And I am not only that, I feel like throwing up to
be living my middle years in a country of this nature I am nauseated. I spat on the face of Chief
Justice Artemio Panganiban and his cohorts in the Supreme Court, I am no longer interested in
the position lof Chief Justice] if I was to be surrounded by idiols. I would rather be in another
environment but not in the Supreme Court of idiots x x x

> The privilege is a protection only against forums other than the Congress itsetf.
t lt is an absolute protection against suits for libel.
i lt must be part of the deliberative and communicative process by which legislators
participate in committee or congressional proceedings in the consideration of proposed
legislation
> Purpose: intended to leave the legislator unimpeded in the performance of his duties and
free from fear of harassment from outside.

Prohibition to hold any other office/employmenupractice of profession

Liban v. Gordon, G.R. No. 175352, July 15,2009

Officers of Congress (Section '16)

Santiago v. Guingona G.R.No. '134577, November 18, 1998
1. Senate President
2. Speaker of the House of Representatives
3. And such other officers as each house may deem necessary

Disciplinary Action of Congress among its members

ls disciplinary action taken by Congress against a member subject to judicial review?
Osmeffa v. Pendatun (1960)

ENROLLED BILL DOCTRINE

Arroyo v. De Venecia, G.R. No. 127255, August 14, '1997
> The signing of a bill by the Speaker of the House and the President o, Senate and the
certification by the secretaries of both Houses of Congress thal such bill was passed as
conclusive of its due enactment.

SOLE JUOGE OF ALL CONTESTS RELATING TO THE ELECTION, RETURNS, AND

QUALIFICATIONS OF THE MEMBERS OF CONGRESS
Limkaichong c. COiTELEC, April 1, 2009

> Election Contest

when a defeated candidate challenges the qualification and ctaims the seat of a
proclaimed winner.

;. The Sole Judge is the respective Electoral Tribunals

SET- Senate Electoral Tribunal

HRET- House of Representatives Electoral Tribunal.
IO IECTURE: PA 510 Atty. Alfie Luzana Omega
Composition of ELECTORAL TRIBUNAL (Section 17)
- Each Electoral Tribunal shall be composed of nine Membersl
- Three (3) of whom shall be Justices ol the Supreme Court to be designated by the Chief
Justice, and
- The remaining six (6) shall be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of proportional representation
from the political parties and the parties or organizations registered under the party-list
system represented therein.
, The senior Justice in the Electoral Tribunal shall be its Chairman.

coMMISSION ON APPOINTMENTS (Section l8)

1. Presadent ofthe Senate, as ex otficio Chairman,
2. '12 Senators, and
3. 12 Members of the House of Representataves, elected by each House on the basis of
proportional representation from the political parties and parties or organizations
registered under the party-list system represented therein.
> The chairman of the Commission shall not vote, except in case of a tie. T

Function of COMMISSION ON APPOINTMENTS (Section l7)

> Acts as a legislative check on the appointing authority of the President.
> For the effectivity of the appointment of certain key officials enumerated in the
Constitution, the consent of the Commission on Appointments is needed.

Key Officials that requires confirmation/ approval of Commission on Appointments

1. Heads of executive Departments
2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of Colonel or Naval Captain;
4. Other officers whose appointments are vested in them by the Constitution:
5. Chairman & members of 3 Constitutional Commission
6. Regular members of Judicial and Bar Council
LEGISLATIVE HEARING

1. Legislative investigations in aid or legislation (Section 21)

2. Oversaght function (Section 22)
May A Court Enioin the Appearance of a witnsss?
Senate Blue Ribbon Committee v. Judge Majaducon (July 29, 2OO3)

> NO. A Court has no authority to prohibit the Committee trom requiring respondent to
appear and testify before it.
> The Court ruled that anyone, except the president and Justices of the Supreme Courl,
may be summoned.

CONTEii|PT

> No person can be punished for contumacy as a witness unless his testimony
is requared
in a matter into which the legislature or any of its committees has jurisdiction
.> The totality of legislative power is possessed by Congress and its legislalive
to inquire.
field is we -
nigh unlimited.

APPROPRIATION/ REVENUE/ TARIFF BILLS

Tolentino v. Secretary of Finance (1994)

> all appropriation, revenue or tariff biIs, bils authorizjng increase

of the pubric debt shal
originate exctusivety in the House of Representatives,-BUT
ih; Sen"tlL"y propor" o,
concur with amendments.

The following is a summary of how a bill becomes a law:

11 IECTURE: PA 510 Atty, Alfie Luzana Omega

 1. Filing/Calendaring for First Reading
> A bill is filed in the Office of the Secretary where it is given a conesponding number
and calendared for First Reading.

2. First Reading
> lts titie, bill number, and author's name are read on the floor, after which it is retened
to the proper committee.

3. CommitteeHearings/Report
> Committee conducts hearings and consultatton meetings. lt then either approves the
proposed bill without an amendment, approves it with changes, or recommends
substitution or consolidation with similar bills filed.

4. Calendaring for Second Reading

> The Committee Report with its approved bill version is submitted to the Committee
on Rules for calendaring for Second Reading.

5. Second Reading
> Bill author delivers sponsorship speech on the floor. Senators engage in debate,
interpellation, turno en contra, and rebuttal to highlight the pros and cons of the bill. A
period of amendments incorporates necessary changes in the bill proposed by the
committee or introduced by the Senators themselves on the floor.

6. Voting on Second Reading

> Senators vote on the second reading version ofthe bill. lf approved, the bill as
calendared for third reading.

7. Voting on Third Reading

> Printed copies of the bill's finat version are diskibuted to the Senators. This time, only
the title of the bill is read on the floor. Nominal voting is held. lf passed, the approved
Senate bill is referred to the House of Representativ;s for concurrence.

L At the House of Representative

> The Lower Chamber folows the same procedures (First Reading, Second
Reading
and Third Reading).

L Back lo the Senate

> lf the House-approved version is compatible with that of
the Senate,s, the final
version's enrolled form is printed. tf there are certain differen;s,
tBicameral
Conlerence Committee is called to reconcile connicting provisl;iJof
both versions of
the senate and of the House of Representatives. conieience
corirmfitee submits
report on the reconciled version of the bill, duly approved
Senate pnnts the reconciled version in its enrdff"i'f".- - -' --'" chambers.
by both -' The

10. Submission to Matacafiano

; Finat enrolled form is s-ubmitted,to Malacafiang.
The president either
or vetoes and sends it back to the Senate witfir"to
. signs it into law,
,".""g;.'-'"
LOCAL LEGISLATION

WHAT ARE THE LOCAL LEGISLATIVE

'l BODIES
Sangguniang panlalawigan for provtnces
z. uanggunrang panlungsod for cities
J
Sangguniang Bayan for municipalIies
a. sangguniang Barangay for barangays and
What is session?
> denotes a single meetimg or a series of
meeting which may last for one_half
day or for a number of davs until day, one
the purpose /s for which the session
been fulty satisfied. called shall have

12 [EcrunE: pA sto Atty, Alfie Luzana Omega

 Kinds of Session
'l Regular- held at regular tntervals
2. Special is a session which may be called by the locat chief executive or by a majority of
the sanggunian members when public interest so demands.
Who is the presiding Omcer of the sanggunian?
1. Vice Governor for the sangguniang panlalawigan
2. Vice Mayor for the sangguniang panlungsod and sangguniang bayan; and
3. Punong Barangay for sangguniang barangay
ls the Presiding Officer allowed to vote?
Gen rule: NO
Exception: to break a tie

ln the event of inability of the regular presiding officer to preside over the sanggunian
scssion
1 .
Where the regular presiding officer is absent or unabte to preside, the temporary
presiding officer is elected by the members from among themselves;
2. Where the regular presiding officer, being present, designates one of the sanggunran
members to preside temporarily to enable the former to participate in the deliberations or
simply vacate the Chair briefly for some reason

INTERNAL RULES OF PROCEDURE (IRP)

> ls a legislative instrument useful in ensuring sessions and in enhancing quality

legislation.
The sangguniang shall update the existing tRp within ninety (90) days of the first
session
following the election of its members.
Basic contents:
1. election of offic€rs and creation of standing commattee
2. order and calendar of business for each session
for drsorderty behavior and absences during sessions, including
lf
tne 9j-"iq1,:"
rmposttton "ljne.bers
of penalties

Order of Buginess is the summary of succession of activities in a sanggunian

sesston,
arranged in the order in which they are to be considered. It includes
speiific terms or questions
scheduled for deliberation arranged in the order they are to be
taken up.
What does the Order of Businesg contain?

1. Call to Order
2 NationalAnthem and lnvocation
3. RollCall
4. Approvalof Minutes
5. Reference of Business
6. Committee Reports
7. Calendar of Business
8. Business on Third and Final Reading
9. Other Matters
10. Adjoumment

What is an ordinance?
> lt is a rocar raw, a reguration of a generar, permanent
nature, and a rure estabrished by
authority.

What is a resolution?

t3 IECTURET PA 51O Atty. Alfie Luzana omega

 > lt is merely lor the translation of the current business of the local government unit and
has no permanent value, for it deals only with matters of special or temporary character
> lt is a mere expression of the opinion or mind of the sanggunian concerning some
matters of administration.

Essenlial parb of an ordinance and resolution

1. Title or caption
2. Preamble
3. Ordaining clause or enacting clause
4. body
5. Penalty provision, if any and Effectivity clause

LOCAL LEGISLATIVE PROCESS

'l .
Sanggunian member (s) introduces an ordinance or resolution
2. Secretary to the Sanggunian records the ordinance in the logbook
3. First Reading
Secretary to the Sangguninan reads the draft ordinance, then the Presiding Ofilcer
assigns same to appropriate committee to study, hold hearings and debates.
4. After favorable report of the committee is received, draft ordinance or resolution is
included in the Calendar of Business
Or
No committee action is taken, sanggunian ends further consideration of the measure.
5. Second Reading
For "rule'expediting floor action, setting conditions for debate and amendments. lf the
Sanggunran approves the Proposed ordinance it will be calendared for third hearing.
6. SB Secretary
Printing of the final version of the legislative action and distribution to all members
7. Third Reading/Final Hearing. lf approved, it will be transmitted to Local Chief Executive
8. Approval of LCE/ Veto/lnaction
9. lfapproved, itwill be subjectfor review by higher level sanggunian, posting and
publication
IO. ORDINANCE BECOMES A LAW.

When are measures deemed approved

't. Local Chief Executive (LCE) signs all pages of enacted measure
Local Chief Executive did not act on the measure within ten (10) days
3. LCE vetoes the measure, but the Sanggunian overrides it by 2/3s of all members.
Simple ordinance
Majority of members present their being a quorum

Ordinance authorizing payment of money or creation of liability

> Majority of all the members

Veto power ot the LCE

>Grounds for the exerclse of veto.
1. That the ordinance is "ultra vires,,;
2
That the ordinance is prejudrciat to public wetfare
>Must be tn writing, specifying the grounds and reasons for its exercise
>Punong Barangay has no veto power
>Sanggunian override cannot be further overridden by LCE.

What is "QuasiJudiciat',?

> A term appried to the action, discretion, etc. of pubric administrative

officrars who are
required to investigate facts or ascertain the existence
of facts, and draw concrusions
from them as basis for their officiat action, and to exercise
discretion of a judiciat nature.,,
(Black's Law Ditionary)

Are local sanggunians vested with quasi_judicial functions?

14 I-ECIUR€: PA 510 Atty. Alfie Luzara Om€ga

 > YES. Alllevels of Sanggunians, except the Sanggunian Barangay, are empowered
with dual functions, namely: (1) as legislative body and (2) as quasi-judicial body. (DtLG
Opinion No.22, s.2009)

What is the concept o, quasi-iudicial powers in a Sanggunian?

i these are the powers limited to the:

1 . lnvestigation and discapline of its members and elective offlcials under its jurisdiction, and
2. lnvestigation in the settlement of boundary disputes.

Article Xl Accountability ot Public Olficers

> Public Office is a public trust.
i Article Xl, Section 1, 1987 Philippine Constitution

> "Public officers and employees must at. alltimes be accountable to the people, serve
them with utmost responsibilily, integrity, loyalty, and efficiency, act with patriotism and
justice, and lead modest lives."

> The concept of the public trust relates back to the origins of democratic governmenl and
its seminal idea thal within the public lies the true power and future of a society

IMPEACHMENT
(Article Xl, Section 2)
>lt is a constitutional process of removing public servants from offlce as an assurance
against abusive officials in the country.
>lt serves as protection for the state and not to accomplish criminal punishment.
>lt is NOT the determination of criminal guilt or innocence as in a criminal case.

Grounds for IMPEACHMENT

1, TREASON
Any person who, owing allegiance to the Government of the Phitippines, not being a
foreigner, levies war against it or adheres to its enemies by giving them aid or comfort
within the Philippines or elsewhere. (Article 1'14, Revised Penal Code)

2, BRIBERY
Any public officer who shall agree to perform an act constituting a crime, in connection
with the performance of his oflicial duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the mediation of another. (Artacle
210-21 1, Revised Penal Code)

3, OTHER HIGH CRIMES

Offenses which, like treason and bribery, are indictable offenses and are of such
enormous gravity that they strike at the very life or orderly working of government
(Bernas, J. The 1987 Constitution of the Republic of the philippinest A Commentary
2003 ed, p. 1112)

4, GRAFT AND CORRUPTION

A public official found to have acquired, whether in his name or in the name of other
persons, an amount of property and/or money manifesfly out of proportion to his salary
(RA 3019)

5. BETRAYAL OF PUBLIC TRUST

Betrayal of public interest, inexcusable negligence of duty, tyrannicat abuse oI power,
breach of official duty by malfeasance or misfeasance, cronyism favoritism, etc. to the
prejudice of public interest and which tend to bring the otfice into disrepute.

PURPOSE & PENALW

Not to punish but only to remove an officer who does not deserve to hold office.

15 [cruRE: pA S1O Atty, Atfte Lszana Omega

 WHO CAN FILE AN IMPEACHMENT COMPLAINT?
1 .
Any member of the House of Representatives

2. Any citizen !,\,ith an endorsement of any member of the House of Representatives.

WHO ARE SUBJECT TO IMPEACHMENT?

1. President of the Philippines

2. Vace President of the Philippanes
3. Memb€rs ofthe Supreme Court
4. Members of the Civil Service Commission, Commission on Audit and Commission on
Election
5. The Ombudsman

Who wields impeachment power?

The Philippine Congress holds the sole power in the impeachment process.

FAST-TRACK PROCEOURES FOR IMPEACHIIIENT?

Who presides the lmpeachment Hearing?

.:. When the President of the Phalappines is impeached, the Chief Justice presides over the
impeachment trial;

{' in all other cases of impeachment, the Senate president presides.

OMBUDSMAN

Ombudsman vs. CSC July 30, 2007

LETTER TO CSC QUALIFICATION OF DIRECTOR II OF THE OMBUDSMAN,

Coverage of acls to be tnvestigated by Ombudsman

Deloso vs. Dominqo (1990)

OMBUDSMAN
Prevenlive Suspension
Buenaseda v. Flavier (1993)

Powers of Ombudsman

Khan Jr. v. Ombudsman (Juty 20 1006)

Ombudsman vs Estandarte Apr .13, 2OO7
Ombudsman vs. CA Nov 22, 2006
Ombudsman v. Lucero Nov 24, 2006
Sangguniang Barangay v. punong Barangay March 3, 2OO8

16 IECIURE: PA 5t0 Atty. Alfie Luzana Omega