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Chapter 11: The Legislature (1) Affords careful scrutiny and consideration of proposed measures before they are passed into Definition laws. Legislature is law-making body of a political unit that has (2) Guarantees protection of the peoples’ welfare the power to revise, amend repeal, and alter the law. against the tyranny of single house. (3) It practices division of labor where more Historical Background. important measures originate in one house and 1.Citizens assembly of ancient Athens. minor matters are concern of the other. -declaration of war (4) Provide means by which special interest are -negotiation for peace presented in one chamber which are distinct -formulation of alliances from the representation by members of the -voting for taxes other. 2. Roman empire (5) More suitable to large countries with -as explained by theory of Cicero and Ulpian, “the law heterogeneous population. might arise by the enactment of popular assembly (leges) or vote of authorized part of the people Disadvantages of Bicameral legislature (plebescita), or by decree of senate (senatus consulta) or (1) Entails bigger gov’t expense of salaries of the by decree of Emperor…” legislators. 3. England (2) Difficult to pinpoint responsibility in the passage -legislature is premiere body which makes laws, was first of defective and unwise laws. developed. (3) Much delay in the passage of legislation. 4. Parliaments essentially European in origin (4) In parliamentary, LH has more predominance in -great Britain and Scăndinavian countries adopted authority than the UH. starting with French revolution. 2.Unicameral Functions of Modern Legislature  Model parliament was formed at the 1. Lawmaking command of King Edward I in 1295. 2. Electoral Function- congress counts votes and  In continental Europe, some adopted proclaim winners of election. unicameral but shifted to bicameral. 3. Constituent or Constitutional Function- amend  France adopted Unicameral in 1791 and in constitution. 1848 under the second republic, shifted 4. Control of Administration. bicameral on third republic.  Appropriation- abolish administrative  Germany officers by eliminating their  Philippines -Malolos congress. appropriation. -Phil. Commission ( Americans up  Executive power- reject appointments by to 190) chief executive. . -1935, National assembly  Investigative power- find abuse, anomalies, -1973- National Assembly graft , and corruption by administrative -Interim Batasang pambansa – officials. temporary  Judicial power- impeach President and SC legisl. for the crisis justices. gov’t. 5. Internal Discipline- suspension or expulsion of its -Regular Batasang members. Pambansa(1973Cons.) elect members on May Structure and Organization of the Legislature 14, 1984. British parliament evolved from the King’s Great  Abolished by EDSA revolution on Council. King John in 1213 summoned 4 knights from Feb. 25, 1986. Become bicameral each country to meet with his Great Council. by 1987 const. King Edward in 1295 formed “model Parliament”. 1.Bicameral. Advantages of Unicameral legislature  House of Lords & House of Commons. (1) Economical to maintain.  US (2) Easy to pinpoint responsibility whenever laws  Continental Europe shifted bicameral passed are found defective.  France bicameral under third republic (3) Enactment of legislation is done with greater  Germany facility in single-chamber legislature.  Philippines 1907, Phil commission- upper (4) Principle of representation is much simplified in that the members represent both local and house national interest. Phil assembly- lower house. Disadvantages of Unicameral legislature 1916, House of Senate (1) Consideration of measures may not be thorough, House of representatives they may not be able to fully scrutinized resulting 1940, bicameral to ill-considered legislation. 1987, Bicameral congress (2) May be influenced by demagogues and tyrannized by domain interest. Advantages of Bicameral legislature 2 (3) May tend to become abusive when it knows that there is no counterbalancing force to check its - the first order is the election of officers such as excesses. the presiding officer, secretary, sergeant-at-arms, (4) Ill-adapted to federal gov’t countries. the majority floor leader, or the whip, and others. (5) Legislative body may become “a forum of - bickerings, irresponsible special interest” where The Presiding Officer groups of members represent distinct classes, - depends upon who is chosen by the majority with each group confronting each other and party. engaging in undisciplined debate of bills.  In US, Vice pres. Of the state who is chosen by electoral college serves as the president of the upper hose. Composition of the Legislature In US, majority of states, Lieutenant Governor In general, modern legislature is composed of law- chosen by popular vote becomes the presiding makers sufficiently big enough to inspire sensible officer of the state. debate or discussion. However, If the VP becomes the US Pres, and the Example: Great Britain- House of commons-630 Lieutenant Gov, the presiding officer of both members chambers comes from the majority party are chosen -House of Lords- 900 by their members. members  In Great Britain, Lord Chancellor is appointed by the Cabinet and is made a peer and presiding Manner of Selecting Legislative Members officer of the House of Lords. Most modern legislative bodies were constituted by House of Lords- the highest formal court of judicial election of its members. appeals. Members of lower chamber are chosen by popular vote. The lord Chancellor as the presiding officer of house of Lords heads the highest court of judicial Elected under Systems of Representation: function. (1) Geographical- country is divided by 2 districts  In Phils, 1935- Senate pres is chosen from with one elective representative for each. majority party by the majority vote of all members (2) Proportional- country is divided into big districts, of senate. each of which elects 2 or more representative 1987- Senate pres is elected by according with the size of electorate. members of his party in the senate in coalition House of Lords of Great Britain is composed of non- with members of other parties. elective members – the hereditary peers, law & spiritual lords, and increasing number of peers appointed for life. Committee in the legislation Members of senate of Canada are not elected but -(working horses of legislature) appointed for life. - small replicas of legislative body created to save time. Qualifications of legislators (1) Standing committees- small bodies to which Citizenship- for the formulation of a policy for  bills dealing with a particular subject are peoples’ welfare and for safeguarding nation’s referred to action. Members are chosen by party interest needs proven loyalty to the state. caucus and approved by the legislature. Their  Attainment of Majority Age- acquired certain number depends on the nature of bills submitted degree of intellectual maturity and experiences. to legislature. - committee on educ.ation Members of upper chamber are older than those -committee on national defense of the lower house. - committee on foreign affairs Phil senate- 35 y/o and representatives- 25 y/o. Passage of a measure is reviewed by standing  Residence- residence required is legal, not actual committee and favorably endorsed by the Resident is more knowledgeable of local committee on floor of discussion. condition and problem of district. Tenure of the committee is co-terminous with the -Phil Rep must reside in the legislative district life of the legislature. where he shall be elected for a period not less (2) Special committees- created for special than 1year. purposes. If there’s a committee created to -Phil Senate must reside not less than 2years. investigate an erring member, once it’s finished -In US all chosen congressman are resident of the and made a report to legislature, it cease to state. function unless for additional work given by -England- residence is not requisite. legislature.  Literacy- candidate attained certain educational (3) Joint committees – from both houses and level is more preferable. Having wider range of may be concerned for substantive matters. knowledge about economic, political and social - In PH, joint conference com./ bicameral life of the nation. conference com. Created for settling differences of the houses on certain measures passed by one Tenure of Office chamber and considered by the other. - Period which members serve is provided by the (4) Committee on the whole – one body law. There’s a fixed term but may be shortened constituted into an informal committee. Same with an earlier dissolution as in parliamentary members of the legislature. Created to deal on government. fundamental questions debated by the members - informally without following parliamentary Organization of the legislature procedure. 3 (5) Committee on selection – select number of members to deal in a bill referred to standing Stage of First reading: committee. When a bill is sent to the committee, Committee on Stage. If the bill is considered by Committee on selection appoints 16-30 members the committee to which it’s referred, it’s given a to serve on that committee to deal with that bill public hearing. Committee hearings serve to only. mobilize support for or invite opposition to a bill in the committee. Process of Lawmaking - After hearings, it is further considered in an Bills and resolution- measures referred to executive committee session where it’s legislative body. discussed further, altered or amended or even Bill- statutory proposal, contains subject matter substituted by the committee with another embraced in its title, introduced to a legislative measure.. body for consideration and approval of its Stage of Second reading: members. - A bill favorably reported by a committee is calendared for second reading. 3 types of Resolution: - All contents of the bill are read by the secretary (1) Joint resolution- proposal on a limited including amendments of the committee if any. subject matter rather than one of the general - Reading of the bill may be dispensed if the application. Approved by both houses. copies are distributed. (2) Concurrent resolution- proposal originating - Bill is subject to debate and pertinent motions. from and approved by one chamber, which - Presiding officer calls the sponsor of the bill to requires the concurrence of the other house. defend the measure on the floor. (3) Simple resolution- deals with matters entirely - Opponents may refute the arguments hoping within the authority and competence of the that their legislative members will reject the bill. house, like a simple resolution regarding rules - General debate. To close the debate, number of and orders, creation of committees, speeches for or against the bill is delivered. authorization to print reports, etc.. - Consideration of amendments is in order. Bill is voted upon to determine if the bill can be Types of Bills calendared for third reading. 2 types of bills in parliamentary: Stages of Third reading:  Public gov’t bill- national policy and - Approved bill on 2nd reading is calendared for 3rd invariably introduced by the reading. members of the gov’t, the Cabinet. - Final passage of the bill. No more debate and  Private bill- introduced by an individual member. amendments. Bill is concern in locality or those which - Upon last reading, It’s voted upon by yeas or benefits the interest of individual nays. person. - Print copies in its final form and distributed to 1973 const. provide for parliamentary system of gov’t, members before its final passage. under the transitory period the rules of the interim - Approved bill in one house goes to the other Batasang Pambansa provides house through the same procedure. - If approved without amendments, bill is certified in its enrolled form to the President. 2 types of bills : - If there are amendments, the same shall be  Cabinet bill- initiated by members of the cabinet submitted to the house where it originated for its and transmitted by the prime minister to consent. the interim Batasang Pambansa for - If one house rejects amendments, conflict of consideration and pproval. houses is settled in a Joint Conference  Parliamentary bill- introduced to the Batasan by Committee, and it reports the bill out for final individual members. resolution of the houses. Classification of bill as to purpose and objective: - If they voted in favor of the report, enrolled form (1) Appropriation bills – appropriate money from of the bill is submitted to Executive for final public treasury for a certain approval. public purpose Submission to the Executive for Approval. (2) Revenue bills – raise of revenue or income of the - President may either sign or veto the bill. gov’t. - If he veto, bill return to legislature together with (3) Bills of local application- benefit a certain locality his objections. (4) Private bills- promote interest of private persons - Legislature may override the veto by sufficient number of votes, e.g. 2/3. Stages of Legislative Enactment - Bill may lapse into law if executive fails to sign - Resolution and bills must be drafted, polished in within a period provided in the constitution, e.g. all legal solemnities and signed by their 30 days. respective authors  Legislative procedures- governs stages of passing a - Filed with the secretary of the legislature who bill. assign to each of these measures a number. - make lawmaking-body an arena - Upon its receipt, is given a first reading by of the most dramatic action in the whole drama secretary of legislature. Only the title is read, of the legislation. after which is referred by the presiding officer to the appropriate standing committee. Chapter 12: The Executive 4

Definition (5) 10 yrs resident immediately preceding such It refers to a single leader or group of officials in the elec. executive dep’t who enforces laws of the state – to  In Parliamentary Prime m must be: assure that these laws are efficiently and effectively (1) The leader of the winning party; carried out, and faithfully observed for common good. (2) Natural-born citizen; (3) Attained adequate educ. (grad. of renowned Types of executive colleges or Universities) (1) Titular Executive- monarchs who perform only (4) Comes from distinguished ancestry; ceremonial functions, act as symbolic heads of (5) Not reside in the district where he was the state which they serve as emblems of unity elected. and dignity of their people. Sobering influence I times of conflicts because they give fatherly or Term of Office of Executive motherly image to their people. - such scheme would create rotation in office in which (2) Real Executive- Who actually rule, and exercises people are given more chances o improve their selection executive power. Actual head of gov’t. Perform by choosing leaders with desirable qualities. More governmental functions (maintain peace & democratic. order, public health, national security, welfare).  In presidential democracies, 4 yrs with one Law-enforcer. reelection, or to 5, 6 or 7 years with one - They steer the wheels of gov’t and move it reelection. to political, social and economic stability. In monarchies and dictatorships, term maybe for (3) Single Executives – are in themselves chief life. executives whom others are In parliamentary, Prime m and Cabinet don’t subordinate. Perform both ceremonial and governmental functions. have fixed term. They stay if they retain confidence (4) Collegial Executive – exist in parliamentary of the parliament. But as elective members of states. No single person serves as parliament, their term is fixed. executive but the power lies in a group of leaders, may consist of a Methods of Choosing the Executive Cabinet, Council, or a Commission. (1) Direct popular vote- most democratic. Citizen- voter responsibility. Makes executive more Presidential and Parliamentary Executive Systems conscious of leadership since he represents the (1) Presidential System- originated in US, power was whole nation. derived from the 18th century power of British (2) By Electoral College- In US, 538 electors king. Phil presidential system was copied from choose officially the Pres and VP by pledging American model. In presidential, executive power their votes to the candidates who won popular is vested in a real chief executive who is also the election in each of the states. Electors are ceremonial/symbolic head of the state. chosen by each states. Nominates Cabinets approved by Commission on (3) By parliament or National Legislature- real Appointments (12 senator 12 rep.) before executive chosen by legislature makes him appointed. accountable to the legislative body. He’ll (2) Cabinet or Parliamentary System- 2 executives – always be aware and extra-careful of his acts in ceremonial/symbolic and real. Ceremonial chief the gov’t. maybe a queen, king, and pres. Real executive is the Cabinet headed by prime minister. Powers and Function of the Executive Features of interest of Scholars: (1) As Ceremonial and Symbolic Chief of State –  Collective ministerial responsibility- decisions are Ceremonial executives welcome foreign binding upon all members based on “all dignitaries. In parliamentary, ceremonial for one, one for all”. executives lightens the duties of real executive  Fusion of Legis and Exec powers- makes Prime m in performing such. - Symbol of nat’l unity and dignity of his people. and Cabinet also be members of (2)As Chief Administrator - Supervises a vast parliament. network of administrative agencies. In  Cabinet accountability to Parliament.- Prime m parliamentary, executive is collegial, it refers and his Cabinet are answerable for any to the Prime m and his ministers composes the act in parliament and gov’t. Cabinet.  Party discipline- holds together the member of (3)As Commander-in-chief of Armed forces- Appoint the party to the party’s rules and and remove high officials of military regulations, objectives, and philosophy. establishment. Exercise military power for national welfare and defense. (4)Legislative Powers- Deliver SONA to recommend gov’t measures for approval of legislature. Qualifications of Executives Approves and veto bills.  In PH (1987 const) president must be: (5) Foreign Relations Powers – negotiates treaties (1) Natural-born citizen of phils. with other countries. Diplomatic power to appoint (2) Registered voter; ambassadors, consuls and other rep to other (3) Able to read & write; countries and UN. (4) 40 y/o on election day. (6) As Dispenser of Justice – correct errors in judiciary. 5  Pardon- grant freedom to convicted person of criminal offense. unfair contract. Aggrieved party may get relief  Reprieve- suspend execution of penalties. by a petition for a writ of injunction before the (death) court depends on the discretion of the judge  Commutation- Reduce death sentence to life since remedies in equity are discretionary. imprisonment. 3. Issuance of Declaratory judgment- court enters  Amnesty- grant pardon to a group with final judgment to litigants in an actual political crimes with the controversy in which judge defines their rights concurrence of legislature. under statute, will, contract, etc., but it doesn’t (7) Direct economy towards attaining dev’t and grant “consequential or coercive relief”. progress. Declaratory judgment has always actual (8) As chief of his Party- mobilize party support to controversy while Advisory opinions deal with his programs abstract/hypothetical question as judicial (9) Power of patronage- integrate the will of process is concerned. legislature and his administration with the 4. Exercise of Judicial Review- makes courts political people for nat’l stability and progress. instruments of gov’t.. It’s the most controversial Chapter 13: The Judiciary and fascinating role of courts in general, and of supreme court in particular. Power of judiciary Definition (SC) to review an act of legislature and Judiciary- branch of gov’t which interprets the law and executive and compare it to the constitution. upon which devolves the application of the law 5. Performance of Quasi-Judicial function- for settlement of conflicts between persons and naturalization of aliens, grant licenses, appoints persons vs. gov’t. guardians to minor orphans, and administrators Justice Under the Law to property and receiver of bankruptcy. - Justice as fair treatment under the law (by Lawson) - Following Due process of law. Qualification of Judiciary Organization of the Judiciary  Citizenship –natural-born citizen - Courts are distributed among territorial units of  Age –reached the age of majority (40y/o for SC) the country as a means of attaining convenience For mature judgment and wisdom to litigants.  Training & judicial experience- judicial experience  Courts at the base of the Judicial structure- number in court of records and practice of the of inferior courts who try and render judgments law profession. on cases pertaining to petty crimes and petty Basic Method of Selection civil disputes. (1) Appointment- predominant system of selecting  Courts of General Jurisdiction- are of higher level. judges. Try persons accused of high crimes and hear civil (2) Election- judges elected by 2 houses of federal cases. e.g. Trial courts (RTC, criminal circuit legislature and may seek re-election which courts, and special courts/ Sandiganbayan). judges may be a permanent tenure. Candidate  Intermediate Appellate Courts- case decided by trial oblige to run on a partisan ballot may not be an court is brought for an appeal. Composed of impartial judge. 3/more judges which makes it collegiate court. Factors govern Selection of Judges Find an error or prejudice committed in trial court (1) Objective merit- candidate must possess judgment. If there’s error, case returns to trial professional competence and enough court to be retried or reversing of judgment. background necessary for understanding  Supreme court- At the Apex of judiciary whose complicated questions coming from the court. decision is final. (2) Political Availability- nominees belongs to the party of pres. Functions of the Judiciary (3) Ideological appropriateness- appointed judge -Applying the law with certainty and uniformity to a favors policies and programs of administration. specified case. (4) Personal factor- some judges were chosen by -The judge determines the law applicable to a their personal friendship with the executive. case, and apply it. (5) Geographical and Religious consideration Involvement of Applying the law: (1) Settlement of Disputes- primary function of Tenure of Office court. Hear disputes and decide which of the - Maintains independence of judicial dep’t. As an parties has the right under the law. independence of the courts, security of tenure of -Civil cases- involvers private judges is guaranteed by the constitution. persons/corporations. Civil law - In phils, judge enjoys virtually a life tenure since governs legal controversies. they hold office during good behavior until the -Criminal cases- brought to court by the age of 70. state against accused person. Comprises felonies which are Chapter 14: Meaning and Nature of Bureaucracy major/serious crimes against society. 2. Prevention of wrongful Acts- prevents the Definition of Bureaucracy commission of wrongful acts by equity as -connotes narrowness, rigidity, and red tape, a common discussed to the common law. Equity is an perception among people in general. By Webster, It’s enforcement of contract or the reformation of administration of gov’t through departments and 6 subdivisions managed by set of officials following an inflexible routine.

The need for Bureaucratic Organization -promote efficiency for it makes possible more specialization or division of labor.

Major Functions of Bureaucracy 1. Bureaucrats or civil servants implement policies made by political leaders. 2. Involved in policy-making process because of their expertise and access to information. 3. Interprets general policy can and does, in effect, redefine and modify the policy from above. 4. With the police and Army, Civilian administrators are charged with the maintenance of order. It’s organized to promote clear lines of authority. 5. Control of fiscal matters such as taxes and bonds. 6. Regulatory control over private enterprises and corporations. 7. Insure the continuity of the governmental process because of their security of tenure. 8. Links between successive gov’t and are repository of principles that endure while presidents come and go.

Problems in Phil Bureaucracy (1) Red Tape- term describes unreasonable delays in government transaction as caused by: a) Weak policy making in implementation of program. b) Overconformity of officials who essentially pursue ritualistic adherence to established procedural/legal; rules. c) Over-organization, shuffling of papers in offices. d) Misapplication of rules, policy or procedures. e) Graft and corruption. (2) Nepotism- hiring and appointing relatives in the gov’t (3) Patronage System- using public offices to record one’s contribution to total public efforts. (4) Graft and corruption- Accept money in performing his duty, circumventing the law for personal gain.

To lessen problems of Phil bureaucracy, Aquino Admin. enacted R.A. no. 6713 of 1988. Code of conduct and ethical standards for public officials and employees. Public office as Public Trust.