PROPOSITION: LET IT BE RESOLVED THAT THERE BE AN EDUCATIONAL QUALIFICATION FOR

CONGRESS

Democracy is supposed to be rule of the people, by the people and for the people. But In order
to rule effectively, legislators, who are the representatives of the people in a democratic and
republican form of government must possess certain degree of intellect in making laws. If they
know little or nothing, about economic, political, social or legal issues, that requires massive it
becomes difficult to hold political leaders accountable for their performance.

That is exactly our point. Why do we have to rely with things which are uncertain if whether people
will vote for educated officials or not?, while the needs of time is certain that demands it?

Even uneducated are minority, are you also aware that they also have the power to propose laws
which could affect the public, and not only to represent the voice of what they represent?

The platforms of uneducated is to get pork barrel system, or any money to help primarily the poor
but not on legislating laws defeating the very purpose of the primary reason of the establishment
of their office.

PUBLIC OFFICE

Public Office is the right, authority, and duty created and conferred by law, by which for a given period,
either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some
portion of the sovereign functions of the government, to be exercised by him FOR THE BENEFIT OF THE
PUBLIC.

- F. Mechem, A Treatise on the Law of Public Offices and Officers, pp. 1-2 (1890);
- Aparri v. Court of Appeals, 127 SCRA 231 (1984)

In general, Congress is generally empowered to prescribe the qualifications for holding public office,
provided it does not exceed thereby its constitutional powers or impose conditions of eligibility inconsistent
with constitutional provisions. Qualifications for office must have a rational basis There must be a rational
nexus between any requirement and duties of the position in question. (Id., a 695)

PURPOSE AND NATURE OF PUBLIC OFFICES

Public Offices are created for effecting the end for which government has been instituted, which is the
common good, and not for profit, honor, or private interest of any person, family or class of persons.

A public office is a public trust created in the interest and for the benefit of the people, and belongs to them.
The nature of a public office is inconsistent with either a property or contract right. It is conceived of as a
responsibility and not a right. (Id., at 671, 667.)

Article XI Sec. 1: A public official or employee occupies a very delicate position which exacts from him
certain standards which are not generally demanded from or required of ordinary citizens. He occupies the
office to render service to the people and not as a means to promote his personal interest. The only
justification for his continuance in such office is his ability to advance public ends and contribute to the
public welfare.

Right to Hold Public Office

1. Not a Natural Right. Under our political system, the right to hold a public office is not a natural right.
While many rights are consecrated as universal and inviolable, the right of eligibility to offices is not so
secured. It exists, where exists at all, only because and by virtue of some law expressly or impliedly create
and conferring it.
The qualiications which relate to an office must be complied with by perssons seeking that office. To hold
a public office, one must be eligible and possess the qualifications prescribed by the Constitution and by
Law.

2. Not a constitutional right. There is no constitutional right to run or office or hold elective office. Rather,
it is a political privilege which depends upon the favor of the people, which favor may be coupled with
reasonable conditions for the public good. Which regard to public employment, to state that a person does
not have a constitutional right to government employment is only to say that he must comply with
reasonable, lawful, and non-discriminatory terms laid down by law.

Education. As a general principle, the more education an individual has, the better and more effective
public officer he will be. Yet, it is quite possible for a person to become an important asset to government
even with little or no formal schooling.

The Constitution further provides for a system of scholarship grants, student loan programs, subsidies and
other incentives. If this is the case, then a truly intelligent and hardworking person will be able to find a way
to finish college. But again, as I noted earlier, the Constitution does not require candidates for public office
to possess any educational attainment. If a policeman needs to have a college degree, why shouldnt we
impose the same requirement on senators and congressmen?

THEY SAY WE ESTABLISH

No Substantial Distinction for Presidential THAT the legislative body is the one that
and Vice Presidential Qualifications creates the law which the executive
department only implements with what is
written in the law while judiciary interprets.

With what is expected of the executive

department is to implement laws, which
have cabinet departments that are already
required to be college degree as
compared to the power of the legislative
body to propose, enact, and amend laws
which primarily requires the knowledge
and sound discretion but with no
educational qualification.
THEY SAY WE SAY
No imposition for the local legislative All the laws that are enforced by the local
body legislative is only a decentralization of the
laws enacted by the legislative. Hence, if
national laws were enacted, local laws are
bound to obey within the limits set by the
Congress.

THEY SAY WE ESTABLISH

Congress only refers to House of In Chavez v. JBC, (2012) the SC
Representatives addressed Section 1, Article VI of the
constitution:

THEY SAY
No direct correlation between the
educational qualification with the
legislative act
THEY SAY
Basic Education doesnt guarantee the
expertise or public service in law-making.
THEY REFUTE
UNDEMOCRATIC AND ANTI
REPUBLICAN.
Right to Public Office is the essence of a
republican/democratic state. This is the right of
the people for those who will represent them
in public office.
The legislative power shall be vested in
the Congress of the Philippines which
shall consist of a Senate and a House
of Representatives,
Thus: Section 1, Article VI, the term
"Congress" refers to the Senate and the
House of Representatives as permanent
and mandatory components of the
Philippine Congress.
WE SAY
Congress, must the exercise legislative
power with the following: sound discretion,
good sense, fair, enlightened and
independent judgment, are multiple
intelligences and skills that having basic
education can better addressed, as
supported by UNESCO and APA Study
rather than the ability to read and write
that is provided at present.
WE SAY
The skills needed in law-making are much
more attained in basic education than
having only the ability to read and write.
If the negative believes such, much more
is worst with the status quo.
WE ESTABLISH
In the surface, it seems to be undemocratic
and anti-republican, but right to public office is
a political right and not an inherent right and
therefore maybe withdrawn or extended by the
state as the case maybe and if taken away, no
vested right is taken away as inherently
supported by SC ruling in People v. Corral
Case.
Public Office is the right, authority, and duty
created and conferred by law, by which for a given
period, either fixed by law or enduring at the
pleasure of the appointing power, an individual is
invested with some portion of the sovereign
functions of the government, to be exercised by
him FOR THE BENEFIT OF THE PUBLIC
.
- Aparri v. Court of Appeals
Moreover, Suffrage is not a right but a
privilege accorded only to those who
are qualified.
 THEY SAY
Deprivation of Right to Run for Public Office
WE ESTABLISH
According to Supreme Court Ruling in Typoco
Jr., v. Gonzales,
No proprietary title attaches to a public office, as
public service is not a property right, that there is
no vested right in public office, nor an absolute
right to hold office.

THEY SAY WE ESTABLISH

The proposed qualification is UNJUST AND The said amendment is still subject for the
DISCRIMINATES those who are in the ratification of the sovereign filipino people. It is
marginalized sector. not the duty of the negative side to discern if it
is discriminatory or not, because it is the
constitution, the fundamental law, where
discretion is left to the wisdom of the sovereign
filipino people.

This is a political question and no court of law

could determine as to the wisdom of that
amendment, because it is left to the sovereign
Filipino people.

MOREOVER, Our proposal is attainable. The

Constitution further provides for a system of
scholarship grants, programs, subsidies and
other incentives. A Lot of ways that an aspiring
candidate can be able to enjoy to attain even
basic education that is rendered free by the
government today.
THEY SAY WE SAY
IT DISCRIMINATES MARGINALIZED The Constitution further provides for a system
SECTOR those who cannot attain basic of scholarship grants, programs, subsidies
education. and other incentives. A Lot of ways that an
aspiring candidate can be able to enjoy to
attain even basic education that is rendered
free by the government today.
THEY SAY WE SAY
IS INCONSISTENT WITH SOCIAL JUSTICE The qualification for being a voter under our
PRINCIPLES. proposal is attainable and does not totally
prohibit the opportunity by simply adding
Social Justice presupposes equal opportunity another qualification.
for all, rich and poor alike. Accordingly, no
person shall, by reason of poverty be denied
the chance to vote and to be elected to public
office.

THEY SAY BUT

IMPOSING EDUCATIONAL QUALIFICATION Exactly, that is our point.
IS PROHIBITED BY THE 1987
CONSTITUTION. That is why the 1987 constitution will be
amended to include our proposal as one of the
INCLUDING THIS KIND OF QUALIFICATION qualifications of being a voter.
WILL REQUIRE PEOPLE WITH NO
CAPABILITY, TO BE A REGISTERED TAX Apart from being a tax payer, as a property
PAYER IN ORDER TO VOTE. qualification, no other forms of property and
substantive requirement, is allowed by our
proposal.

Suffrage is not a right but a privilege accorded

only to those who are qualified.
UNIVERSAL DECLARATION OF HUMAN The UDHR should be provided for by the
RIGHTS STATES THAT EVERYONE HAS constitution which in our proposal was
THE RIGHT TO PUBLIC OFFICE. amended to serve our parameters set.

By providing qualifications, we do not deny

any right, we just regulate it for the welfare of
the people.

The right to vote is deemed attainable and

open for all Filipinos as long as they are
qualified.

quality of public service which an elected
official can render is not measured by the level
of his intelligence
According to Pulse Asia Survey, Lito Lapid
performs better than Jinggoy Estrada and JV
Ejercito who had formal education.
Legislative body has the power to propose,
enact and amend laws which requires a
certain degree
The respondents were shown names of
government officials and were then asked to
give their opinion of the official's performance
for the past three months.

Performance was based not on the number of

bills that had passed, or the quality of the laws
that there were able to accomplish.

THEY SAY WE SAY

There are members of Congress, even with no "A good lawmaker must not be judged solely
formally education, are performing better. on the number of laws penned, but the quality
of these laws in the interest of the public
Like Senator Lapid. good, as UP Political Analyst Prospero De
Vera said in a study in UP Law Journal.

For clarification purposes, Senator Lapid has

attained basic education.
THEY SAY BUT
Even college graduate are facing difficulties in That is exactly our point. So, if Even college
making laws. graduate are facing difficulties in making laws,
 what can we expect with those senators and
congressman who have no formal education?
THEY SAY
Implementation of the law BUT, are you aware that under our proposal
we could address such through the Oversight
function of the Legislative body in which they
could check the acts of the Executive
department if laws are implemented well
through Oversight Committee.

So, if we have members of congress with

certain degree of intelligence and skills as
requirement through formal education, the
implementation of laws will be better
monitored well.

Even the Supreme Court would render speedy

disposition of cases.
THEY ESTABLISH WE REFUTE
Legislators, which are non-degree holders are The basis of their study is anchored merely on
equally efficient and effective in the the number of bills filed and proposed, and not
performance of its duties with degree holders. on the bills that were passed.

"A good lawmaker must not be judged solely

THEY SAY
Majority of the Senate and Congress are
already degree holders, so there is no need for
proposal and Filipinos are already considering
educational qualification in choosing public
officials.
on the number of laws penned, but the quality
of these laws in the interest of the public
good.
BUT
That is exactly our point. Why do we have
to rely with things which are uncertain if
whether people will vote for educated
officials or not?, while the needs of time is
certain that demands it?

THEY SAY BUT

Members in Congress with no
education only constitute MINORITY.
formal Even uneducated are minority, are you also
aware that they also have the power to
propose laws which could affect the general
public, and not only to represent the voice of
what they represent?
Santiago said that requiring leaders to have college degrees would help the country compete on
the international level.
If we want global competitiveness, we should require our leaders to be, at the very least, formally
educated. This is because education is a powerful constraint against narrow parochialism and a
gateway to ideas that can change communities, Santiago said.

Read more: http://newsinfo.inquirer.net/339055/santiago-wants-college-degree-enshrined-in-

constitution-for-elected-officials#ixzz3nK3XP3gb
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

President Aquino has good reasons not to prioritize charter change, because some estimate place
the cost of a constitutional convention at some P8 billion, Santiago said.
Aside from adding the college degree requirement, Santiago said that a working mechanism for
initiative and referendum should be included in the Constitution.
Laws that are difficult to pass such as the Political Dynasty Law and the Freedom Of Information
Law can become realities with the proper use of initiative and referendum, she said.
The Anti-Political Dynasty Bill aims to limit related politicians being elected into government and
is still pending in Congress while a freedom of information bill in the Senate known as Peoples
Ownership of Government Information (Pogi) Bill has already been passed by the Upper House.
 These twin mechanisms also allow the citizens to directly participate in legislation, which is good
because it makes our democracy more participatory.

Voters were asked to rank in order of importance in their vote choice, the following candidate traits:
candidates character, level of education or course studied, experience in politics, views in life, beliefs or
principles in life. By a large percentage, candidate character is ranked most important or second most
important by young voters. The rest of the options have fairly equal distribution of responses, none clearly
besting the others.

http://www.manilatimes.net/getting-to-know-filipino-voters/201351/

Getting to Know Filipino Voters

July 17, 2015 11:05 pm

Political Mindscape 2 or PolMindscape is a national psychographics survey done by the Philippines first and
only registered lobbying and political management firm, Publicus Asia Inc. Backed by 13 years of professional
experience in political consulting in Manila and the ASEAN region, the non-commissioned survey was
conducted by PUBLiCUS technical arm, Vox Opinion Research on 22 February to 4 March 2015 and covers
political interests, attitudes, opinions (or IAO) and beliefs of young voters between the ages of 17-45. It
includes interviews with a nationally representative sample of young Filipinos (n=1,500). The first
PolMindscape survey was a commissioned survey done last 2009 and made public during the organizational
meeting of the Association of Political Consultants in Asia or APCA (PH Chapter) last 28 November 2014

'High IQ Not Qualification for Public Service' in the Philippines

Posted: 05/05/2010 5:12 am EDT Updated: 05/25/2011 3:45 pm EDT

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Few will argue that you need charisma, a sound platform, and ample finances to win a
Philippine election. Should a candidate have a high IQ? That, it seems, is debatable.
As the country gears up for presidential, legislative and local elections in May, the
Commission of Elections (Comelec) dismissed disqualification cases against Senator Manuel
"Lito" Lapid (a former action star hoping for a re-election) and world boxing champ Manny
Pacquiao, whose candidacies were questioned for "lack of academic credentials," reported
the Philippine Daily Inquirer.
The man who filed the petition claimed that the candidates are "unqualified professional
entertainers." However, the poll body ruled that a high educational attainment is not a
requirement for public office.

"A candidate's high educational attainment has never been held as qualification for public
office. To be sure, the quality of public service which an elected official can render is not
measured by the level of his intelligence," Comelec said in a March 2 ruling.

It's a sensible ruling, of course. A country long proud of its democratic traditions, the
Philippines' much-debated multi-party system enables public officials of varied ideologies
and backgrounds (academic and social) to run for office. A former fish market seller-turned-
wealthy businessman, a Christian minister, a son of a former president, and a former movie
star, are among the colorful array of characters hoping to grab power on May 10.

But it's also not surprising that Filipino voters--55 percent of which are under 25 years old--
are becoming increasingly scrutinizing of their candidates, who are now ramping up
campaign efforts across the country with celebrities in tow and song-and-dance numbers at
the ready. The Philippines is facing a soaring budget deficit, and outgoing president Gloria
Macapagal-Arroyo had to recently defend her economic achievements amidst criticism that
she has not made a serious dent in tackling the enormous poverty plaguing the country.

Questioning the "intelligence" of Filipino candidates is nothing new. Former president

Joseph "Erap" Estrada, who was ousted by a People Power revolution in 2001 and is now
again running for president, is the butt of jokes regarding his intelligence and English skills.
Every Filipino knows an "Erap joke" or two--like how he has replaced Pierce Brosnan in a
James Bond movie called "IQ 007: His Brain is Not Enough." Thousand of such jokes
circulate in the Philippines, not unlike impersonations of Sarah Palin going viral during her
vice presidential bid.

Most would agree, however, that it wasn't the lack of "intelligence" that brought down
Estrada. It was corruption, and unfortunately, it is still a serious problem in the country,
post-Marcos dictatorship and even post-Estrada, and it's one that saps any remaining
confidence Filipinos may have in public administration.

Arroyo, in her last few months as president, continues to face allegations of massive
corruption involving members of her family and government officials. The international
organization Transparency International ranked the Philippines 139th place to the bottom
in its 2009 Corruption Perception Index (CPI), lagging behind most of its fellow members in
the Association of Southeast Asian Nations (ASEAN).

Commenters on an AsiaSociety.org discussion board point to the political dynasties that

keep "perpetuating the corruption" and the "the self-serving rule of a few big families who
have neither talent, education, decency, and vision to govern" as the root of the problem.
The Comelec may be right: a "high IQ" or an academic record should not be required for
public service. Maybe it should review for character, decency or vision, and look out for
candidates' 'CQ' (corruption quotient) instead.

IT is no exaggeration to say that Senator Lito Lapid is a slow study.

After 12 years in the Senate, Lapid had a eureka moment last week, admitting that didnt fit the role
of a senator because he lacked a college education.

In a rare interview, Lapid said he was happy that the Filipino people elected him as senator, but
admitted he was always nervous in the Senate.

Of course you know I [did not complete] formal education. I cant answer some questions [during
sessions and committee hearings], right? Lapid told reporters.

But the senator, who seldom attends plenary sessions and committee hearings, insisted that he
always tried to do his job as senator and that may be the reason he was re-elected.

Despite admitting that he stayed 12 years in a job for which he was unqualified, the senator
endorsed his son Mark to replace him in the Senate in 2016.

At least hes qualified. He studied for the position, Lapid said, referring to his son who served as
governor of Pampanga from 2004 to 2007, and is now chief operating officer of the Tourism
Infrastructure and Enterprise Zone Authority.

Lapid himself will run for mayor of Angeles City in Pampanga, presumably because his lack of
education will not be an issue there.

The senator also vowed to support Senator Grace Poe, whatever her political plans are for 2016,
because he was heavily indebted to her father, the late movie star-turned-failed presidential
candidate, Fernando Poe Jr.

Despite the senators admitted lack of education, his remarks last week proved educational indeed,
highlighting as it did so many of the things that are wrong with Philippine politics.

The most obvious problem is that voters continue to elect into office candidates who are clearly
unqualified for the job. Popularity and name recognition always trump educational qualifications,
relevant work experience and competence.

In the name of inclusiveness, we set no minimum educational requirements for the men and
women we elect into high office, even though we require those from applicants for the most menial
jobs.
Senator Lapid is not only a prime example of this, but also a cautionary tale of what happens when
we have leaders who are unqualified.

In his case, we have a person who didnt even warm his seat in the Senate, contributing little to the
crafting of laws while drawing an undeserved salary that we, the taxpayers, shoulder. On top of this,
he had the temerity to say that he has always tried to do his job.

Someone should explain to Senator Lapid that trying to do a job and actually doing it well are two
different things.

Lapids endorsement of his son is another illustration of what ails our politics. This notion that politics
is a family business must stop. Our Constitution demands it, yet the same lawmakers with the same
family names continue to defy the constitutional stricture against political dynastiesand we let
them.

Finally, Lapids blind endorsement of Poe is perfectly illustrative of the primacy of political patronage
over public service. Lapid does not say he will support Poe because he believes she is a good
leader and will serve the country well. Instead, he cites his debt of honor to her father.

The mention of Lapid is almost always accompanied by a snort or a snickeran ironic

acknowledgement of his utter lack of qualifications and his dismal record in the Senate. It is natural
to laugh at our own mistakes, but it is painful to realize that we have not learned from them. And, as
Senator Lapid so unwittingly showed us last week, the jokes on us.

Miriam tops list of senators with

most bills filed
May 26, 2011 2:31pm

Tags: miriamdefensorsantiago
By KIMBERLY JANE TAN, GMA News

Senator Miriam Defensor-Santiago has topped the list of senators who filed
the most number of legislations in the Senate.

A document from the Senate legislative bills and index service indicated that
Santiago topped the 23 incumbent senators with 882 measures (758 bills and
124 resolutions) filed in the 15th Congress.

In a statement, Santiago said she worked (her) ass off" in filing bills because
she wants to send the message that the main task of the Senate is legislation
and not criminal investigation.

A public hearing on a controversial issue generates a lot of publicity, but

usually the result is merely a recommendation to the Ombudsman. By
contrast, internet research is very quiet and solitary, but one bill could make a
difference in the lives of people," she said.

Among the controversial measures filed by Santiago in the 15th Congress is

the Senates version of the Reproductive Health bill, Senate Bill 2378 or An
Act Providing for a National Policy on Reproductive Health and Population
and Development."

Other senators

Senate President Pro Tempore Jinggoy Estrada was second in the list with
581 files measures (553 bills, 27 resolutions) followed by Sen. Manuel Villar
Jr. with 539 (395 bills, 144 resolutions). The rest are as follows:

4. Antonio Trillanes IV 304 (292 bills, 12 resos)

5. Lito Lapid 239 (179 bills, 60 resos)

6. Loren Legarda 198 (137 bills, 61 resos)

7. Francis Escudero 154 (128 bills, 26 resos)

8. Ramon Bong Revilla Jr. 150 (126 bills, 24 resos)

9. Edgardo Angara 117 (102 bills, 15 resos)

10. Juan Miguel Zubiri 90 (56 bills, 34 resos)

11. Ralph Recto 88 (50 bills, 38 resos)

12. Pia Cayetano (74: 48 bills, 25 resos)

13-14. Franklin Drilon (45 (23 bills, 22 resos) and Vicente Sotto III 45
(10 bills, 35 resos)

15 Francis Pangilinan 43 (15 bills, 28 resos)

16-17. Juan Ponce Enrile 40 (18 bills, 22 resos) and Teofisto Guingona III
40 (13 bills, 27 resos)

18 Ferdinand Marcos Jr. 39 (20 bills, 19 resos)

19. Gregorio Honasan II 34 (13 bills, 21 resos)

20. Sergio Osmena III 33 (14 bills, 19 resos)

21. Panfilo Lacson 31 (31 bills)

22. Alan Peter Cayetano 20 (7 bills, 13 resos)

23. Joker Arroyo 17 (17 resos)

The Senate will adjourn sine die on June 9 and will resume session on July
25. KBK, GMA News
- See more at: http://www.gmanetwork.com/news/story/221734/news/nation/miriam-tops-list-of-
senators-with-most-bills-filed#sthash.FARpb9VA.dpuf

The 16th Congress Did our tax money go to waste?

AS A MATTER OF FACT By Sara Soliven De Guzman (The Philippine Star) | Updated October 13, 2014 - 12:00am

5 115 googleplus5 0

When a friend asked me over coffee to rate the performance of the present Congress, my immediate reply was
Is there anything to rate? But thinking over again, how should we really evaluate the performance of our
Honorable Senators and Congressmen of the Sixteenth Congress? It was published that the latest approval
and trust ratings of both houses of congress dropped near the 30 percent mark, but this public perception may
have been influenced by the PDAF investigation that hugged the limelight for more than a year now.

Since the general power of Congress is to enact laws, it might be more objective to rate Congress on the basis
of the laws passed since the start of the 16th Congress on July 22, 2013. So I did my own research and here is
what I found. The first Republic Act from the 16th Congress is RA 10632, approved on October 3, 2013,
postponing the Sangguniang Kabataan elections, while the latest law is RA 10644, also known as the Go
Negosyo Act, which was approved on July 15, 2014. It appears therefore that our 24 senators and 294
representatives, with billions of pesos in budget including PDAF and DAP allocations before these were
declared unconstitutional (although some argue that the PDAF was only hidden somewhere in the budget),
passed only thirteen (13) measures signed into law more than a year since it convened. What rating would you
give Congress then?

If my figures are accurate, these 13 Republic Acts may be the most expensive laws to enact if we consider the
taxpayers money spent on Congress for the past year. Maybe, we could save a lot if there is a way we could
temporarily suspend Congress even for just a year. Or could it be that the performance of the legislature should
not be judged by the quantity of laws passed but by their quality and significance?

For your perusal, I listed the other eleven laws, to wit: RA 10633 General Appropriations Act for FY 2014; RA
10634 Supplemental Budget for 2013; RA 10635 An Act establishing MARINA as the single maritime
administration for the implementation of the 1978 International Convention on Seafarers; RA 10636 Granting
Philippine citizenship to NBA player Andray Blatche; RA 10637 Franchise of the Cotabato Light and Power
Company; RA 10638 Extending the corporate life of Philippine National Railway; RA 10639 Free Mobile
Disaster Alerts Act; RA 10640- Amending Section 21 of the Dangerous Drugs Act; RA 10641 Allowing Foreign
ownership of domestic banks; RA 10642 Lemon Law; and RA 10643 Graphic Health warnings on Tobacco
products. Except for the Lemon Law, the list does not include the more significant priority bills announced by
the palace in September last year, such as the FOI measure, Amendment of PD 1638 for retired soldiers,
Amendment of the Build-Operate Transfer Law, Sandiganbayan Law, Bangko Sentral Charter, and Civil
Service Reform Act, among others. Apparently, the naturalization of a basketball player was even made more
significant, although this could mean a lot to this basketball-loving nation. Impressive performance or
sanamagan?

Is Congress still functioning the way it should? I guess more Filipinos would now think that the job of a senator
is not to legislate but to investigate and let the people know the truth, real or not. It does not matter anymore if
the legislator never authored a sensible law for as long as he performed so well in eliciting an accusation from
a whistleblower. Is this not for the Department of Justice or the Ombudsman or the Courts to determine? I
understand that among the powers of Congress is to conduct investigations in aid of legislation, although for
political enemies, it appears like legislation in aid of investigation where a legislative process is used in
furtherance of an investigation to show criminal guilt, hence, the usual requests for witness protection in
anticipation of prosecution. To a grandstanding politician, it could be an investigation in aid of re-election
considering the full TV coverage of course. But what exactly are investigations in aid of legislation?

Section 21 article VI of the constitution provides: The senate or the house of representatives or any of its
respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of
procedure... Law and jurisprudence tell us that inquiries in aid of legislation must be conducted in furtherance
of a contemplated legislation. It cannot be used as a tool to probe possible violations of laws where this is no
intended legislation involved (Bengzon vs. Senate Blue Ribbon Committee). Considering the nature and
purpose of inquiries in aid of legislation therefore, it is quite evident that Congress merely exercises the same in
so far as it can help Congress perform its duty to propose, enact, amend and repeal laws. It does not in any
way grant Congress the power and authority to determine guilt, adjudicate opposing contentions, or hear and
decide justiciable cases... functions which are within the province of the judiciary. (Standard Chartered Bank
vs. Senate Committee on Banks).

Opinion ( Article MRec ), pagematch: 1, sectionmatch: 1

Why not let the Ombudsman do its job in determining culpability for an over-priced world-class building? Is it
among the priority bills of this administration to amend the Plunder Law or the Anti-Graft Act? Or is it a priority
strategy for the presidential elections in 2016? I think something is wrong with the priorities of the Sixteenth
Congress.

My dad, the late Maximo V. Soliven, would always say, Tama na, enough drama already. Dont you think
these telenobelas, talk-fest, legal nitpicking, finger pointing, and unearthing of proofs and evidences have gone
long enough? It is time to wind up these endless and unfruitful investigations. Congress is not the Detective
Bureau. It is not the brief of our solons to get to the bottom of any plot or conspiracy, or extract from witnesses
who is behind these alleged anomalous acts. There is still time Honorable Senators and Congressmen.
Legislate more than investigate. Juan dela Cruz deserves the legislator he voted for in 2013. This time, he is
watching.

http://thechoice.blogs.nytimes.com/2009/12/24/congress/?_r=0

FAST FACTS: Get to know

the members of the 16th
Congress
Share with us any information that could help us make our lawmakers
transparent, efficient and accountable

Rappler.com
Published 8:14 AM, July 22, 2013

Updated 8:56 AM, July 22, 2013

MANILA, Philippines - Who are the men and women representing you in the
16th Congress?

Rappler assembled profile pages of the 24 senators and 234 district

representatives who will be making important decisions on your behalf in the
next 3 years.

We will be regularly updating these pages as new information comes in how

the lawmakers are performing, how they are spending their pork barrel, what
wealth they are accumulating while in office, and other matters of public
interest.

We also urge you to share with us any information that could help us assess
our legislators' performance, ensure transparency in the way they work, and
make them accountable.

Email us at research@rappler.com.

Below are quick statistics on the 16th Congress. The information below does
not include data for party-list representatives yet.

Overwhelmingly male
As in the past, the 16th Congress is dominated by men.

This is true in both chambers. Only 6 of 24 senators are women. Women also
comprise just over a quarter (64 members) of the 234 district representatives
in the House.

Men constitute 73% of all district representatives.

Middle-aged

Majority of our senators and representatives are in their 40s and 50s.

The youngest is 27 years old (Camiguin Rep XJ Romualdo), while the oldest
is 84 (Ilocos Norte Rep Imelda Marcos).

In the Senate, the youngest is 36 years old (Sen Bam Aquino), and the oldest
is 89 years old (Sen Juan Ponce Enrile)
Married

In the certificates of candidacy (COCs) they filed for the 2013 elections, only
26 of the newly-elected district representatives indicated they are single.

Eleven declared they are widows/widowers, 2 said they're separated, and 2

others did not indicate their marital status.

Among those who are single, 3 are in their 20s, 9 are in their 30s, 8 are in
their 40s, 5 are in their 50s, and one is in his 60s.

Among the senators, only Senators Loren Legarda and Chiz Escudero
indicated in their COCs that they're single. Their marriages have been
annulled.

The rest of the senators declared they're married.

Professional politicians?

In their COCs, 91 representatives said that their occupation is either

congressman/congresswoman or a local government official.

Next to this cluster, businessmen (60 members) and lawyers (52) comprise
the next big professional sub-groups in the House.

The smaller subgroups are doctors (8), farmers (6), engineers (4),
accountants (3), teachers (3), business executives (2), economists (2) and
government employees (2).

There are 2 sports personalities: Pampanga 1st district Rep Joseller "Yeng"
Guiao who is a basketball coach, and Sarangani Rep Emmanuel "Manny"
Pacquio, a boxer.

Siquijor's lone district representative Marie Ann Serrano Pernes is the only
dentist in the House.

Cavite 1st District Rep Francis Gerald Abaya is the lone architect.
Ifugao's lone district representative Teodoro Baguilat Jr indicated that he is a
journalist.

Some representatives indicated multiple occupations in their COCs.

There may have been some confusion, though, about how to fill up the
"occupation" field in the COCs.

Among the senators, only 6 indicated they are lawyers. Senators Miriam
Defensor Santiago, Teofisto Guingona III, and Escudero, who are also
lawyers, only entered "Senator" in the field corresponding to their occupation.

Not one of the 4 actors in the Senate indicated this profession in their COCs.

Legarda, a former journalist, no longer put this profession in her COC.

Sen Grace Poe, who headed the Movie and Television Review and
Classification Board before she ran for office, and who worked as a pre-school
teacher before that, declared she's a "Public Servant."

Senator Nancy Binay's COC listed her occupation as "Personal Assistant."

More quick stats

About a third of the district representatives 83 were born in Metro Manila.

This number includes a number of legislators representing districts of
Mindanao.

See more details regarding each legislator through the links below:

SENATORS

Term in office from 2010 to 2016 Term in office from 2013 to 2019

Alan Cayetano
Bong Revilla Bam Aquino
Bongbong Marcos Chiz Escudero
Frank Drilon Cynthia Villar
Jinggoy Estrada Grace Poe
Juan Ponce Enrile Gringo Honasan
 Lito Lapid JV Ejercito
Miriam Defensor-Santiago Koko Pimentel
Pia Cayetano Loren Legarda
Ralph Recto Nancy Binay
Serge Osmea Sonny Angara
TG Guingona Sonny Trillanes
Tito Sotto

DISTRICT REPRESENTATIVES

See list of district representatives here: Only 1 in 7 lawmakers are fresh faces

Links to the profile pages of the district representatives will be added soon.
Stay tuned!

PARTY-LIST REPRESENTATIVES

Links to the profile pages of the party-list representatives will be added soon.
Stay tuned! - Research by Rey Santos Jr/Rappler.com

Qualifications of Congressional Candidates

Its election time once again and as usual, the same faces are running in the guise of public
service. Even if the qualifications of certain candidates are to say the least, questionable, this has
not stopped the thick skinned from running. This is a country where running for an elected position
has become a national pastime and where no clear cut policies have been drawn to curb the temerity
of the unqualified to run for public office. In this light, we shall now examine the qualifications
required by law for Congress.

Qualifications for Senator are found under Section 3, Article VI of the 1987 Constitution, to wit:

No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day
of the election, is at least thirty-five years of age, able to read and write, a registered voter, and
a resident of the Philippines for not less than two years immediately preceding the day of the
election.

For the lower house of Congress, candidates must meet the requirements found under Section 6,
Article VI of the 1987 Constitution, which states:
No person shall be a Member of the House of Representatives unless he is a natural-born citizen of
the Philippines and, on the day of the election, is at least twenty-five years of age, able to read
and write, and, except the party-list representatives, a registered voter in the district in which he
shall be elected, and a resident thereof for a period of not less than one year immediately preceding
the day of the election.

As can be seen from the above provisions, the requirements for membership in both houses are
identical save for the limitations on age and residency. Natural-born citizens are those who are
citizens of the Philippines from birth without having to perform any act to acquire or perfect their
Philippine citizenship.

The party-list system was also included in the Constitution under Section 5 (2) of Article VI. This
provision states that:

The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives shall
be filled, as provided by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as may be provided by law,
except the religious sector.

The aim of the party list system was to recognize and give representation to the marginalized sectors
of society. However, the spirit of the law has not been realized, most of the groups who have filed
before the Comelec do not come from the marginalized sector.

Finally, any questions relating to the election, returns, and qualifications of any member of the
Senate and the House of Representatives shall be decided by the Electoral Tribunal of each house.
Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the
Supreme Court to be designated by the Chief Justice, and the remaining six 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.

http://www.nytimes.com/2011/06/13/education/13legis.html

II. On the status quo, the principle behind the above-stated mandate is to open the election to
any interested, yet qualified candidate, without any prejudices not only in terms of education, but
also in terms of sex, religion and socio-economic status.
III. On the status quo, The qualification is indeed very democratic as it shuns discrimination in
terms of educational attainment.
 The process of legislation, to begin with, has not been merely confined to the enactment of laws or
the passage of legislative proposals or resolutions. Though the latter is considered as its primary function,
Congress has likewise performed other equally important functions, such as those flowing from its
investigative and oversight powers.

Essentially, therefore, the process of legislation must be viewed as a dynamic process. Although
theoretically associated with the operation of Congress, the legislative process likewise involves an
elaborate network of external relations, linkages and coordination with other institutions, agencies,
organizations and interest groups in society.

It has been said that the legislature is not an isolated institution. As one of the traditional branches of
the government, Congress must continuously interact with both the executive and the judiciary. To gain
strength and advantages, it must establish linkages with the various sectors of society including the
academe, media, and other research-oriented groups. Likewise, to assert a more relevant role, the
legislature must always be conscious of its role in checking the excesses of the administration, in
educating the public about the issues of the day, as well as in overseeing the conduct, behavior and
performance of government agencies and officials in the discharge of their official functions.

It is therefore in the context of the above roles and functions of Congress that lawmakers find it
extremely necessary to rely upon their staff and support services who will help them not only in the
gathering of needed basic information and relevant technical data, but also in building feedback
mechanism, linkages and ties with the socio-economic and political environment.

The significant and essential role assumed by legislative support services, moreover, can easily be
seen through their active participation in the different stages of lawmaking. Laws are enacted precisely to
respond to or meet with a given societal problem - both actual and perceived. Legislation is therefore
prompted by the necessity to address the needs and problems in society. Thus, while legislators are
charged with the task of making laws, a great deal of ideas, data and tools necessary in the initiation,
formulation and preparation of legislative proposals are gathered and collected through the assistance
and initiative of the legislative staff and support services.

Thus, the nature and form of support service, as far as this is concerned, must indispensably be
responsive to the needs of legislation. The services to be rendered cannot always be routinary and
constant but must be flexible in order to adapt, from time to time, to the ever-changing needs and
requirements of the Senate. Of course, there are specific services which ought to be religiously complied
with in accordance with the mandate of our Constitution, such as the preparation of journals and
transcripts. But, to a large extent, support services require a certain degree of procedural flexibility and
adaptability, especially in the technical substance and content of legislation in the Philippine context.

The Senate Secretariat performs all kinds of support services needed by the senators. The nature
and form of such services range from legislative to administrative, financial and security services required
not only by the senators themselves but also by their office staff and employees

IN FOCUS: Effective Regulations

for Sustainable Growth
 The 13th Development Policy Research Month
highlights the importance of regulatory coherence and
quality to realize rapid, sustainable, and inclusive
growth. For the Philippines to take advantage of
increased trade and investment under the ASEAN
integration, there is a need to address the factors that
continue to bring down its competitiveness and that
undermine efforts to achieve greater social
inclusiveness. Regulatory burdens are one of those
factors. They restrain competition, productivity, and
innovation, which can snowball into causing a drop in
business confidence, neglect of general welfare, build-
up of corruption, and, ultimately, loss of public faith in
governance.

The theme chapter of the 2014 Economic Policy

Monitor, an annual publication of the Philippine
Institute for Development Studies (PIDS), explains the
relevance of this years DPRM theme. The chapters
author, PIDS President Gilbert Llanto, examines the
case for developing a sound and efficient regulatory
management system (RMS) for the country. An RMS is the best step toward reducing regulatory
burdens and improving the quality of regulations. The Philippines has a system that contains some
of the basic elements of an RMS, but these do not represent a coherent and coordinated system nor
are these elements regularly undertaken. The government has taken steps to fill the gaps in the
system, but this is not enough. A commitment to reforms despite changes in political leadership and
a mindset for continual improvement and innovation are a must.

Know what other PIDS studies have to say about regulatory reforms. For other related studies, visit
the SocioEconomic Research Portal for the Philippines. Simply type regulatory structure,
regulatory framework, and other related keywords in the Search box

The senators as students

ALMOST half or 11 of the incoming senators of the 16th Congress took up either political
science or economics in college. Too, nearly half took their undergraduate studies at the
University of the Philippines. Fifteen of the 24 senators of the 16th Congress had pursued
postgraduate studies.

Senators Ferdinand Bongbong Marcos Jr., Alan Peter Cayetano, Francis Joseph Chiz
Escudero, Miriam Defensor-Santiago, Grace Poe-Llamanzares, and Joseph Victor JV
Ejercito were all political science majors.

Senators Gregorio Gringo Honasan II, Juan Edgardo Sonny Angara, Pilar Juliana Pia
Cayetano, Teofisto TG Guingona III, and Jose Jinggoy Estrada took up economics.
Senate President Juan Ponce Enrile and Senator Franklin Drilon earned degrees in the
arts, while Senators Cynthia Villar, Ralph Recto, and Paolo Benigno Bam Aquino IV
studied business administration, commerce, and management engineering, respectively.

Senator Lorna Regina Loren Legarda took up broadcast communication while Senator
Vicente Tito Sotto III studied English. Senators Antonio Sonny Trillanes IV and Ma.
Lourdes Nancy Binay-Angeles, meanwhile, earned degrees in engineering and tourism,
respectively.

Senators Sergio Serge Osmea III took up various courses, but did not finish. Senators
Ramon Bong Revilla Jr. and Manuel Lito Lapid did not obtain college degrees as well.

Nearly half or 10 of the 24 senators were Iskolar ng Bayan, or graduates of the University
of the Philippines with a bachelors degree. They are Binay, Alan and Pia Cayetano,
Drilon, Escudero, Estrada, Honasan, Legarda, Villar, and Santiago. Poe also took up
Development Studies for two years at UP Manila.

Four senators Aquino, Enrile, Guingona, and Pimentel earned their undergraduate
degrees from the Ateneo de Manila University.

Ejercito and Recto earned their college degrees from De La Salle University (DLSU).
Trillanes also studied at DLSU but obtained his engineering degree at the Philippine
Military Academy. Sotto, meanwhile, studied at the Colegio de San Juan de Letran in
Manila.

Angara, Marcos, and Poe studied abroad at the London School of Economics and Political
Science, Oxford University, and Boston College, respectively.

FIFTEEN senators went on to pursue further studies, including nine who took up law. They
are Angara, Alan and Pia Cayetano, Drilon, Enrile, Escudero, Guingona, Pimentel, and
Santiago. Estrada also took up law but did not finish.

Senators Honasan, Marcos, and Villar pursued masters degrees in business, while Recto
and Trillanes took up public administration. Legarda earned a masters degree in national
security administration at the National Defense College of the Philippines.

Seven senators studied abroad, including three who attended Ivy League schools in the
United States. They are Angara (London School of Economics and Harvard University),
Enrile (Harvard University), Escudero (Georgetown University), Poe (Boston College),
Marcos (Oxford University and University of Pennsylvania), Santiago (University of
Michigan), and Villar (New York University).
G.R. No. L-10520 February 28, 1957

LORENZO M. TAADA and DIOSDADO MACAPAGAL, petitioners,

vs.
MARIANO JESUS CUENCO, FRANCISCO A. DELGADO, ALFREDO CRUZ, CATALINA
CAYETANO, MANUEL SERAPIO, PLACIDO REYES, and FERNANDO HIPOLITO in his
capacity as cashier and disbursing officer, respondents

Commenting on the frame of mind of the delegates to the Constitutional Convention, when they
faced the task of providing for the adjudication of contests relating to the election, returns and
qualifications of members of the Legislative Department, Dr. Jose M. Aruego, a member of said
Convention, says:.

"The experience of the Filipino people under the provisions of the organic laws which left to the
lawmaking body the determination of the elections, returns, and qualifications of its members was
not altogether satisfactory. There were many complaints against the lack of political justice in this
determination; for in a great number of cases, party interests controlled and dictated the decisions.
The undue delay in the dispatch of election contests for legislative seats, the irregularities that
characterized the proceedings in some of them, and the very apparent injection of partisanship in
the determination of a great number of the cases were decried by a great number of the people as
well as by the organs of public opinion.

"The faith of the people in the uprightness of the lawmaking body in the performance of this
function assigned to it in the organic laws was by no means great. In fact so blatant was the lack
of political justice in the decisions that there was, gradually built up a camp of thought in the
Philippines inclined to leave to the courts the determination of election contests, following the
practice in some countries, like England and Canada.

Category Archives: Administrative Law

Administrative Law
DEC 19

Posted by Magz

Powers of Administrative Agencies

1. Quasi-legislative power / Power of subordinate legislation
2. Quasi-judicial power/Power of adjudication
3. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers)
Definition of Quasi-legislative power

It is the authority delegated by the law-making body to the administrative body to adopt rules and
regulations intended to carry out the provisions of a law and implement legislative policy.

Distinctions between Quasi-legislative power and legislative

power
1. LEGISLATIVE power involves the discretion to determine what the law shall be. QUASI-legislative
power only involves the discretion to determine how the law shall be enforced.
2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be delegated.
Tests of Delegation (applies to the power to promulgate administrative regulations )
1. COMPLETENESS test. This means that the law must be complete in all its terms and conditions
when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but to
enforce it.
2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the limits of the
delegates authority, announce the legislative policy and specify the conditions under which it is to
be implemented.

Definition of Quasi-Judicial Power

It is the power of administrative authorities to make determinations of facts in the performance of

their official duties and to apply the law as they construe it to the facts so found. The exercise of this
power is only incidental to the main function of administrative authorities, which is the enforcement of
the law.

Determinative Powers
1. ENABLING powers

Those that PERMIT the doing of an act which the law undertakes to regulate and would be unlawful
without government approval.

Ex. Issuance of licenses to engage in a particular business.

2.DIRECTING powers

Those that involve the corrective powers of public utility commissions, powers of assessment under
the revenue laws, reparations under public utility laws, and awards under workmens compensation
laws, and powers of abstract determination such as definition-valuation, classification and fact
finding

3. DISPENSING powers
Exemplified by the authority to exempt from or relax a general prohibition, or authority to relieve from
an affirmative duty. Its difference from licensing power is that dispensing power sanctions a deviation
from a standard.

4. SUMMARY powers

Those that apply compulsion or force against person or property to effectuate a legal purpose
without a judicial warrant to authorize such action. Usually without notice and hearing.

Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax payers

5. EQUITABLE powers

Those that pertain to the power to determine the law upon a particular state of facts. It refers to the
right to, and must, consider and make proper application of the rules of equity.

Ex. Power to appoint a receiver, power to issue injunctions

Kinds of Administrative Regulations

DISTINCTIONS LEGISLATIVE INTERPRETATIVE

1. Capacity that administrative

agency is acting in Legislative Judicial

2. What administrative agency It supplements the statute It says what the statute
is doing by filling in the details means

Legislative regulations have

3. Force and effect
the force and effecr of law
immediately upon going
into effect. Such is accorded
by the courts or by express
provision of statute.
Merely persuasive/Received
by the courts with much
respect but not accorded with
finality

Requisites of a Valid Administrative Regulation

1. Its promulgation must be authorized by the legislature.
2. It must be within the scope of the authority given by the legislature.
3. It must be promulgated in accordance with the prescribed procedure.
4. It must be reasonable
Need for Previous Notice and Hearing
1. General Rule: Administrative rules of GENERAL application do NOT require previous notice and
hearing.
 2. Exception: When the legislature itself requires it and mandates that the regulation shall be based
on certain facts as determined at an appropriate investigation.
3. If the regulation is in effect a settlement of a controversy between specific parties, it is considered
an administrative adjudication, requiring notice and hearing.
Prescribing of Rates

It can be either:

1. LEGISLATIVE

If the rules/rates are meant to apply to all enterprises of a given kind throughout the country.

No prior notice and hearing is required.

2. QUASI-JUDICIAL

If the rules and rates imposed apply exclusively to a particular party, based upon a finding of fact.
Prior notice and hearing is required.

Requirement of Publication
Administrative Regulations that MUST be published:
1. Administrative regulations of GENERAL application.
2. Administrative regulations which are PENAL in nature.
Administrative regulations that do NOT NEED to be PUBLISHED:
1. Interpretative regulations
2. Internal rules and regulations governing the personnel of the administrative agency.
1. Letters of instruction issued by administrative superiors concerning guidelines to be followed by
their subordinates. (Tanada v. Tuvera)
Special Requisites of a Valid Administrative Regulation with a PENAL
sanction
1. The law itself must make violation of the administrative regulation punishable.
2. The law itself must impose and specify the penalty for the violation of the regulation.
3. The regulation must be published.
Requisites for Proper Exercise of Quasi-Judicial Power
1. Jurisdiction
2. Due process
Administrative Due Process : Requirements
1. Right to Notice, be it actual or constructive
2. Reasonable opportunity to appear and defend his rights and to introduce witnesses
3. Impartial tribunal with competent jurisdiction
4. Finding or decision supported by substantial evidence
Exceptions to the Notice and Hearing Requirement
 1. Urgency of immediate action
2. Tentativeness of the administrative action
3. Right was previously offered but not claimed
4. Summary abatement of a nuisance per se
5. Preventive suspension of a public servant facing administrative charges
6. Padlocking of filthy restaurants/theaters showing obscene movies
7. Cancellation of a passport of a person sought for criminal prosecution
8. Summary distraint and levy of properties of a delinquent taxpayer
9. Replacement of a temporary or acting appointee
Questions Reviewable on Judicial Review:
1. Questions of FACT

The general rule is that courts will not disturb the findings of administrative agencies acting within the
parameters of their own competence so long as such findings are supported by substantial
evidence. By reason of their special knowledge, expertise, and experience, the courts ordinarily
accord respect if not finality to factual findings of administrative tribunals.

2. Question of LAW

Administrative decision may be appealed to the courts independently of legislative permission.

It may be appealed even against legislative prohibition because the judiciary cannot be deprived of
its inherent power to review all decisions on questions of law.

Doctrine of Finality

Courts are reluctant to interfere with action of an administrative agency prior to its completion or
finality, the reason being that absent a final order or decision, power has not been fully and finally
exercised, and there can usually be no irreparable harm.

EXCEPTIONS: Interlocutory order affecting the merits of a controversy; Preserve status quo
pending further action by the administrative agency; Essential to the protection of the rights asserted
from the injury threatened; Officer assumes to act in violation of the Constitution and other laws;
Order not reviewable in any other way; Order made in excess of power
Doctrine of Primary Jurisdiction
1. This doctrine states that courts cannot or will not determine a controversy which requires the
expertise, specialized skills and knowledge of the proper administrative bodies because technical
matters of intricate questions of fact are involved.
2. Relief must first be obtained in an administrative proceeding before a remedy will be supplied by
the court even though the matter is within the proper jurisdiction of a court.
Doctrine of Prior Resort

When a claim originally cognizable in the courts involves issues which, under a regulatory scheme
are within the special competence of an administrative agency, judicial proceedings will be
suspended pending the referral of these issues to the administrative body for its view.

Note: The doctrines of primary jurisdiction and prior resort have been considered to be
interchangeable.

Doctrine of Exhaustion of Administrative Remedies

1. Under this doctrine, an administrative decision must first be appealed to the administrative
superiors up to the highest level before it may be elevated to a court of justice for review.
1. Reasons :
1. to enable the administrative superiors to correct the errors committed by their subord
inates.
2. courts should refrain from disturbing the findings of administrative.
bodies in deference to the doctrine of separation of powers.
3. courts should not be saddled with the review of administrative cases
4. judicial review of administrative cases is usually effected through special civil actions
which are available only if their is no other plain, speedy and adequate remedy.

3. Exceptions

a. when the question raised is purely legal, involves constitutional questions

b. when the administrative body is in estopped
c. when act complained of is patently illegal
d. when there is urgent need for judicial intervention
e. when claim involved is small
f. when irreparable damage is involved
g. when there is no other plain, speedy , adequate remedy
h. when strong public interest is involved
I. when the subject of controversy is private land
1. in quo warranto proceedings
2. When the administrative remedy is permissive, concurrent
3. utter disregard of due process
4. long-continued and unreasonable delay
5. amount involved is relatively small
6. when no administrative review is provided
7. respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL AGENCY
ALTER EGO DOCTRINE)
Substantial evidence defined to mean not necessarily preponderant proof as required in ordinary
civil cases but such kind of relevant evidence which a reasonable mind might accept as adequate to
support a conclusion.

Reference: Ateneo

Nielsen survey reveals Filipinos value education

11 September 2013

by FFE PH News Staff

0 0 0

by FFE PH News staff

Education remains one of the most valuable assets among Filipinos. A recent poll by the Nielsen Global
Survey of Education Aspirations shows that Filipinos surpass other countries when it comes to monthly
spending on education.

The survey aimed to measure consumer sentiment on the availability of educational opportunities at all
levels and its effect on job opportunity and salary improvement. It was answered by 29,000 internet
respondents in 58 countries.

University Belt in Manila

Nielsen Philippines revealed that Filipinos spend 15.4 percent of their monthly household budget on
expenses related to education. This exceeded the global average by 8 percent.

In general, Latin America, Asia-Pacific and Middle East-Africa regions exceeded the global average for
monthly allocation for education. Many European respondents, on the other hand, said they allotted the
least amount to monthly spending on education due to subsidised education programmes.

Nielsen Philippines Managing Director Stuart Jamieson explained that Filipinos strive to allocate money
for education more importantly now that the pace of technological change is creating new opportunities
and presenting new challenges for todays children. Education is seen as a levelling factor that will help
them compete for better jobs and better salaries.

Beating the global average by 15 points, 90 percent of Filipinos said that education leads to better
employment opportunities. Eighty seven percent also said that education leads to a higher income,
beating the global average of 72 percent.

Ninety five percent of Filipinos also claim there are abundant opportunities for education where they live.
The Philippines and neighbouring countries Indonesia, India and Thailand are among the countries which
surpassed the global average for all levels of education programmes.

Seventy seven percent of Filipino respondents also surpassed the global average of 68 percent and the
Asia-Pacific average of 74 percent when it comes to likelihood of buying products from companies that
support education initiatives. A win-win situation said Jamieson, as employees become more engaged
while students benefit from an enhanced learning experience.

RELATED ARTICLES
- See more at: http://ffemagazine.com/nielsen-survey-reveals-filipinos-value-
education/#sthash.zDx5tFyu.dpuf
After 12 years in the Senate, Lapid had a eureka moment last week, admitting that didnt fit the role
of a senator because he lacked a college education.

In a rare interview, Lapid said he was happy that the Filipino people elected him as senator, but
admitted he was always nervous in the Senate.

Of course you know I [did not complete] formal education. I cant answer some questions [during
sessions and committee hearings], right? Lapid told reporters.

Beneficiality: 1. Legislativ bodys function, to have good executive and judiciary

2. The Filipino voters will have choices which are only constrained to those which are
senators and congressmen who have formal education;

3.

http://www.ombudsman.gov.ph/UNDP4/wp-content/uploads/2012/12/FinalPsychographics_HTML.pdf

http://iper.org.ph/documentation/Chapter%2001-09.pdf
If suffrage is as important as they all say, then let's treat it that way. Let's reward only
those who see it not just as a privilege, but a gift to enjoy their political right, a gift to
protect their constitutionall rights, and a gift to become a dynamic member of a society
for a better nation-building.
Moreover, limiting to taxpayers would save a lot of public funds appropriated for every election
held that can be aligned to other programs.
When once granted,
b.

c.
Atty. Manalo:

1973 Consti right and duty, 1987 Consti is a right.

Not unjust not unfair

Not negative to just or unjust but amendment to ratification
Wisdom political question no court of could determine as to the wisdom of that amendment, left
to the sole.
The political right of suffrage is predicated upon the theory of a representative form of government,
as held in the ruling of Macolor v. Amores 94 Phil. 1: the people who bear the burden of
government should share in the privilege of choosing the officials of the government.

It is a general principle that the inherent power of taxation must be exercised to the end that the
money raised by taxation can be expended only for public purposes and not for the advantage of
private individuals. Thus, taxpayers bear the burden of the government of financially supporting
the vulnerable members of the community, the poor, the lower class, anchored on this public
purpose requirement.

Thus, is it indeed the burden as well of the poor, the lower class, the non-taxpayers to contribute
to the fiscal need of the government in order to raise revenue to support the states existence and
to carry out its legitimate objectives, thus bearing the burden of the government, not only by the
tax payers, in order to have a fair share in the privilege of choosing the officials of the government?
Libertas inaestimabilis res est - Liberty is a thing beyond all price.