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
and Vice Presidential Qualifications
THAT the legislative body is the one that
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
Representatives
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.
In Chavez v. JBC, (2012) the SC
addressed Section 1, Article VI of the
constitution:
The legislative power shall be vested
in the Congress of the Philippines
which shall consist of a Senate and a
House of Representatives,
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

THEY SAY
Deprivation of Right to Run for Public Office
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.
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
DISCRIMINATES those who are in the
marginalized sector.
The said amendment is still subject for the
ratification of the sovereign filipino people. It
is 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

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
IMPOSING EDUCATIONAL QUALIFICATION
IS PROHIBITED BY THE 1987
CONSTITUTION.
INCLUDING THIS KIND OF QUALIFICATION
WILL REQUIRE PEOPLE WITH NO
CAPABILITY, TO BE A REGISTERED TAX
PAYER IN ORDER TO VOTE.
UNIVERSAL DECLARATION OF HUMAN
RIGHTS STATES THAT EVERYONE HAS
THE RIGHT TO PUBLIC OFFICE.
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.
THEY SAY
There are members of Congress, even with
prohibit the opportunity by simply adding
BUT
Exactly, that is our point.
That is why the 1987 constitution will be
amended to include our proposal as one of
the qualifications of being a voter.
Apart from being a tax payer, as a property
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.
The UDHR should be provided for by the
constitution which in our proposal was
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.
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.
WE SAY
"A good lawmaker must not be judged solely
no 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 That is exactly our point. So, if Even college
in 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

THEY ESTABLISH
Legislators, which are non-degree holders
are equally efficient and effective in the
performance of its duties with degree holders.
speedy disposition of cases.
WE REFUTE
The basis of their study is anchored merely
on the number of bills filed and proposed,
and not 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 formal Even uneducated are minority, are you also
education only constitute MINORITY. 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 16 th 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 16 th 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

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

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