2010 SONA

President Noynoy Aquino's 2010 State of the Nation Address

THE FILIPINO PRESIDENT

The President of the Philippines is undeniably the most powerful and most influential person in the Philippines. In him vests a plenitude of authority but awesome responsibilities.

Qualifications.

As prescribed in the Constitution, the following are the qualifications of a President:

1. natural-born Filipino citizen;
2. registered voter;
3. able to read and write;
4. at least 40 years old on the day of the election; and
5. 10-year residency in the Philippines. 

The Vice-President has the same qualifications of a President.

Election and Proclamation

1. All the election returns, duly certified by the board of canvassers of each province or city, are to be transmitted to the Congress, directed to the Senate President.
2. The Senate President shall not later than 30 days upon receipt, open all certificates in the presence of the Congress in joint public session.
3. The Congress determines the authenticity of the certificates and canvass the votes.
4. The person having the highest number of votes shall be proclaimed elected.
5. In case of tie, the Congress voting separately shall choose who shall be elected. 

Term.

The term of the President (and the Vice-President) is under Sec 4, Article VII, 1987 Constitution. It states that the President serves a term of six (6) years only and is not eligible to run for re-election. It starts at the 12th noon of June following the day of the election and ends at noon of the same date six years thereafter. Any person who has succeeded as President and has served for more than four years is also barred for re-election. In the same manner that former President Gloria Arroyo became eligible to run in the highest post of the land because she did not serve therein for more than four years.

THE EXECUTIVE BRANCH

ran

The executive department is more likely to be known as the branch that holds the power of the sword. This branch is concerned in the execution of governmental policies as it possesses the power to enforce and administer the laws.

The head of the executive department is often times referred as the Chief Executive. There are three types of chief executive, to wit:

1. Authoritarian executive,
2. Presidential executive, and
3. Parliamentary executive.

An authoritarian executive has no power limits. He can do whatever he wants. A parliamentary head, who's also the Cabinet head is directly accountable to the legislature and whose term is under the control of the Parliament. A presidential executive holds the final authority but his power is constrained by Congress and Judiciary under the principle of checks and balance.  The President of the Philippines is an example of a presidential executive.

POWER OF EXPROPRIATION

To expropriate is to take away the property of another and transfer it to one's self. In the same manner that the government may take away one's private property to be used for public use upon payment of just compensation.

This power to expropriate is lodged primarily in the national legislature, although its exercise may also be delegated to other governmental agencies including quasi-public corporations serving essential public needs or utilities.

To consider the power of expropriation as valid, the following conditions must be met:

• the property subject for expropriation must be a private property
• the property subject for expropriation must be used for public purpose
• the owner of the property subject for expropriation must be paid just compensation

photo source: http://www.cartoonstock.com/newscartoons/cartoonists/rma/lowres/rman10042l.jpg

POWER OF TAXATION

Taxes are the proportionate contribution from persons and property, imposed by the State by virtue of its sovereignty, for the support of government and for all public needs.

Taxes are the lifeblood of the government. Without which, no government can function. The power to tax is so important that the people must share in the expenses to be incurred by the government in protecting them and extending them benefits in the form of public projects and services.

The power of taxation is inherently vested in the national legislature although the local legislative bodies can already exercise said power. Example of this is the levying of loca tax in cinemas.

photo source: http://www.threshold.ie/imageupload/tax-image.jpg

POWER OF APPROPRIATION

With the Constitutional provision that no money shall be paid out of the pocket of the State except in pursuance of an appropriation made by law, comes the appropriation power of the legislative body. This appropriations power likewise gives the legislative body the title that it holds the power of the purse.

Definition.
An appropriation law is a statute in which the specific and primary function is to authorize the release of public funds from the treasury. A public works act and the yearly general appropriations act are examples of appropriation measures.

Classification.
Appropriation measures are classified into two: general and specific. A general appropriations law is passed annually to provide for the financial operations of the whole government during one fiscal period. On the other hand, a special appropriation law is only for a specific purpose, such as construction of a national highway.

Implied Limitations.
An appropriation law in order to be valid must be devoted for public purpose. No public money shall be spent for private gains only. For example, an appropriation for the construction of roads inside a private subdivision is not allowed. (Pascual vs. Secretary of Public Works and Communications).

Another requirement of a valid appropriation is that the sum authorized to be released must be determinate or at least determinable. Otherwise, the national treasurer will have no guide or worse, will have unlimited discretion in the release of public funds. Ideally, the law must appropriate a fixed amount, but it is sufficient if only the maximum is indicated. But where the minimum rather than the maximum is specified, as where there is an appropriation of "not less than one million pesos", the measure is invalid for lack of certainty. Here the national treasurer is in effect authorized to release from the treasury any amount in excess of one million pesos. (Cruz, 2002).

Constitutional Limitations.
The following are limitations set forth in the Constitution:

1. All appropriations bill shall originate from the House of Representatives.
2. Discretionary funds appropriated for particular officials shall be disbursed only for public purpose to be supported by appropriate vouchers and subject to guidelines as may be prescribed by law.
3. Special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal included therein.
4. The Congress shall not increase the general appropriations recommended by the President. Form, content and manner of preparation of the budget shall be prescribed by law. 
5. No "riders" or irrelevant provisions shall be included in the general appropriations bill. 
6. The procedure in approving the appropriations for the Congress shall strictly follow the same procedure for approving appropriations for other departments and agencies. 
7. Transfer of appropriations shall not be allowed but the President, Senate President, Speaker of the House of Representatives, Chief Justice and heads of Constitutional Commissions may be authorized to augment any item in the general appropriations law for their respective agencies from savings in other items of their respective appropriations.
8. Prohibition against the use of public funds or property for sectarian purposes.
9. Old general appropriations act is deemed re-enacted if the Congress fails to pass a new general appropriations bill.
10. All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only.

photo source: http://cdn3.wn.com/o25/ar/i/09/bcd72164d6bbfa.jpg

HOW A BILL BECOMES A LAW

How A Bill Becomes A Law

 

photo source: http://baklaako.com/wp-content/uploads/2008/03/legislative-process-how-a-bill-becomes-a-law.gif

LEGISLATIVE POWER

Legislative power is the lawmaking power, the framing and enactment of laws. This starts from the time the law is introduced by a lawmaker and effected through the adoption of a bill which once approved becomes a statute or a law. A statute is the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state. (Black, 1951).

The power to make laws includes the power to alter and repeal them. Thus, only the Congress can alter and repeal laws and not in anyway the other branches of government as enunciated in the case of Gonzales vs. Hechanova (9 SCRA 230).

POWERS OF THE CONGRESS

The powers of Congress are classified as follows:

1. Legislative power in general
2. Specific legislative powers
3. Non-legislative powers
4. Implied powers
5. Inherent powers.

Legislative power in general.
Legislative power in general refers to the power to enact laws, which includes the power to alter or repeal them. Said power starts formally from the time a bill or a proposed law is introduced by a member of the House of Representatives or a Senator. Once approved  by Congress, and the President, the said bill becomes a law.

Specific legislative powers.
These are the powers expressly conferred by the Constitution. They are: power of appropriation, power taxation and power of expropriation.

Non-legislative powers.
These are the powers which are not basically legislative in nature but which are performed by Congress. Examples are power to propose amendments to the Constitution, power to impeach, power to canvass presidential elections and power to declare the existence of a state of war.

Implied powers.
These are the powers which are not expressly conferred by the Constitution but which are implied from those expressly granted. Examples are: power to punish a person in contempt during or in the course of legislative investigation and power to issue summons and notices in connection with matters subject of its investigation or inquiry.

Inherent powers
These are the powers which are inherent to the exercise of legislative powers like the power to determine the rules of its proceedings.

INCOMPATIBLE AND FORBIDDEN OFFICES

Incompatible office.
No legislator is allowed to hold office or positions in any government agency including government-owned or controlled corporations without forfeiting his seat in the Congress. Meaning, a member of the Congress is not prevented from accepting other government posts as long as he forfeits his seat as a legislator. What is not allowed is the simultaneous holding of a government office and the seat in the Congress. The purpose is to prevent owing loyalty to another branch of the government, to the detriment of the independence of the legislature and the doctrine of the separation of powers. Forfeiture of the seat is automatic. Thus for example, a congressman who was appointed as secretary of the Department of Budget and Management is deemed to have automatically forfeited his seat in the House of Representatives when he took his oath as secretary for DBM. No resolution is necessary to declare his legislative post as vacant.

Not every other office or employment is to be regarded as incompatible office. There are seats where it is permitted by the Constitution itself, eg. membership in the Electoral Tribunal and in the Judicial and Bar Council. Moreover, if it can be shown that the second office is actually an extension of the legislative position or is in aid of legislative duties, the holding thereof will not result in the loss of the legislator's seat in the Congress. Legislators who serve as treaty negotiators under the President..

Forbidden office.
No members of the Congress shall be appointed to any office in the government that has been crated or the emoluments thereof have been increased during his term. The purpose is to prevent public trafficking in public office. Some legislators who do not opt to run again in the public office might create or improve lucrative government positions and in combination with the President, arrange that they be appointed in those positions, all at the expense of public good.

The appointment however to the forbidden office is not allowed only during the term for which a certain legislator was elected, when such office was created or its emolument thereof. After such term, and even if the legislator is re-elected, the disqualification no longer applies and he may therefore be appointed to the office.