Saturday, February 20, 2010

Election Joke: Noynoy

In one of the conversations I had with my friends in law school regarding the 2010 Philippine Election, one friend nonchalantly cast a joke on Presidential Slogan:
"Kung ang slogan ni Villar ay Sipag at Tiyaga, at ang kay Gibo ay Galing at Talino, ang slogan naman daw ni Noynoy ay… Mommy, Daddy at Kris."
Yeah..., it's kinda funny. But I guess it's TRUE! I have nothing against Noynoy but there is something about him, which until now I haven't figure out yet, that will prevent me from voting him come election day.

I find him (Noynoy) SO WEAK to be a president and
POWERLESS to be a leader. In short, he lacks POLITICAL WILL, which I think is the most important characteristic of an effective and efficient leader.

Power without political will is like a shepherd leading a flock of sheep who doesn't know and doesn't have a will to direct where his flock will go but is dependent on what his master will tell him. Political Will per se has no fix definition; it's ambiguous. But its ambiguity leads me to personally define it.

For me, political will is the ascendancy and competency of a person to form and unify the will of the people towards his ultimate goal of attaining the good of all. One must have a VISION and the WILL to carry out the former.

In the case of NOYNOY he has a famous sister, KRIS and his PARENT's legacy to boot. Hence, I perfectly agree with Gordon when he said: "The Presidency is not inherited. It is earned!".

Though it is not his fault to be the son of the two icons of democracy nor chose to be the brother of a famous celebrity, he should have worked hard to make a name for himself and try, though inevitable, to not be associated with Ninoy and Cory, because presidency is more than just saying "this" and "that". "This" which I think he means in his t.v. ad , is the problems of the Philippines and "That" is "Hindi ako magnanakaw!" He should have laid down concrete plans or platforms. Besides, he hasn't even passed a single bill yet in the Senate being an incumbent Senator. This is very alarming!!!

And by the way, on the lighter side of the story, FORGIVE me but I need, I have to say this, I cannot explain how to describe Noynoy 's look or appearance, which annoys, irritates me whenever I see him on t.v. I don't know. Hahahaha...

For weeks, I kept thinking about the word which would best describe him. But one lucky and faithful day, it just dawned on me, the word "LOSYANG". Isn't it the perfect description of him?

Saturday, February 13, 2010

May 2010 Election : My Suggestions for Candidates

The May 2010 election is gradually starting to heat up the political landscape of the Philippines. Political campaigns on television are starting to dominate the screen; political jingles are repeatedly playing on the radio; political posters are starting to invade the streets with the not-so-real pictures and promises of the candidates. Indeed, political campaign for the election has started. Speculations of who will make it or not are starting to rise up, thus, surveys become a trend to really gauge at least the possibilities of the candidates to make it come Election Day.

Political platforms of every candidate are full of promises. Most of which will not be kept or even remembered once they are in office. Bernard Baruch, an American statesman, succinctly captured the essence of it in the cynical admonition to voters by saying: Vote for the man who promises the least--he'll be the least disappointing.

So, to those politicians who promise good governance, quick economy development and corruption-free Philippines, may I suggest you the following. I believe that in order to achieve good governance, honest civil servants and evade corruption in government, the following measures should be observed:

1) Egalitarian society - no class distinction

School shall be compulsory for everyone with no tuition fees for full-time students. Attendance is compulsory between the ages of 6 and 17, and free meals are served to pupils at elementary and secondary levels. The first ten years of education (elementary and secondary school) are compulsory, and the pupils go to their local school.

Strengthen universal suffrage that included the right of women not only to vote but to stand as candidates for election too. Public administration is open for everyone and a career as a civil servant is open for everyone. The welfare services should be expanded. The main elements of the welfare society are a basic old age pension for everyone over 65, free basic education, kindergarten places and higher education, and health care for everyone. The state will take care of the unemployed.

All of the foregoing factors will reduce the urge to bribe civil servants and the temptation for civil servants to take bribes.

2) Adequate pay for civil servants

The career of civil servant shall be highly regarded. Salaries must not be particularly high, but good enough. Make it so attractive that losing the job is bad news.

3) The referendary or rapporteur system

The referendary system is an old pillar of legalism copied on Finland administrative system. A referendary is a civil servant who researches a matter under advisement, suggests options and offers a final proposal. In this system the referendary, who is of lower rank than the decision-making politician or civil servant, can adhere to his or her opinion against the superior party. A minister can make a political decision that differs from the proposal of the referendary. If the referendary does not sign it, it nevertheless becomes legally binding. A referendary is legally responsible for the decisions he or she makes. If a minister or the government makes a decision different from that which the civil servant involved proposed in the matter, the civil servant can obviate legal responsibility by writing a response, but that is quite unusual.

From the point of view of corruption, this system demands from the potential corrupter double work. He or she has to convince both the decision maker and the referendary of his or her interests.

4) Non-political civil servants as heads of ministries

Non-political, professionally skilled, permanent civil servants should be put as state secretaries since they are the best types for promoting the interests of citizens.

5) Transparency and openness

Everything in the public administration really is public, open for criticism by other civil servants, citizens and the media. All the diaries and records kept in the public administration are open to everybody.

6) The duty to provide public explanation of the reasons behind decisions and the duty to be proactive

Among the most important guarantees of good governance are the right to be heard, the right to receive a reasoned decision and the right of appeal. Another important principle is that it is not enough for a civil servant not to make mistakes. A civil servant must be proactive in carrying out duties in the best interests of the citizens.

7) The strong positions of the Chancellor of Justice and Ombudsman

The Chancellor of Justice works in the government – is a part of wider government - and the ombudsman is part of parliament. The president nominates both, but they are wholly independent in their work. They have all the tools and rights they need to investigate and act. They will be the highest and most highly regarded legal officers in the Philippines.

8) Collective and collegiate decision structure

Corruption is facilitated if a decision-making unit consists of only one person. The corrupter can focus all tactics and resources on that individual. As both parties usually benefit, there is little reason for either one to reveal their dealings and thus make themselves liable for possible punitive measures. If, however, decisions are made by a collegiate body, corruption becomes much more difficult and unsafe, but not impossible. More people have to be convinced of the advisability of deciding in favor of an interest group and there is always the possibility of one would-be corruptee blowing the whistle on any shady transaction.

9) A system of incentives

Make a percentage payable to the concerned department for every project that is completed on time and within budget. This money will be distributed among those in that office. (This will prevent the wrong contractor being given the job for monetary considerations)
Give judges an incentive for each case that is settled within the allotted time

10) A ‘whistle blower' program has to be initiated

Anyone reporting corruption will be rewarded and the people from that department itself will come forward since they lose a lot of incentives if one of them is corrupt. Incentives are reduced for departments where corruption has been discovered and not reported by the employees themselves.

A mandatory five years imprisonment is compulsory for any corrupt worker (apart from seizure of all earnings since inception). So if more roads are built by the Road Construction department on time and within budget- incentives will accrue to that government department.

Anonymous websites will enable 'Whistle Blowers' to reveal the corruption of their colleagues secretly. Anti Corruption squads (ACS’s) will jump into action to investigate. ACS’s will be rated on the number of successful cases handled per year and will be extremely high paid individuals so that their honesty is unquestionable.

Note:
 All government officials, from the central down to the local government, may be reelected only once.
 Families and relatives of government officials until the fourth civil degree of consanguinity and affinity are prohibited to hold or run for office. This will discourage padrino system and political dynasty in the Philippines.
 As mentioned above, the President upon taking office must renounce any party affiliation, so that he or she may be seen as neutral in regard to party politics.

There you have it guys. So if you are a politician or have a politician friends, and if you are running because you want to serve or you want to effect change in this country, you may refer it here.

Tuesday, February 9, 2010

The Proposed “Democratic Republic of the Philippines” Part III

In my recent posts, I explained and laid down the principles that I am proposing. Now, I am going to give you details on how each branch of the government works - from the President down to the local government.

Before anything else, just to reiterate what I have said in my recent post, the information and principles that I am proposing here are not new, it's a consolidated principles and ideas I came up after an extensive research of different structures of government from around the world, which I think are working in their jurisdiction, and hoping also to apply them in the Philippines. Thus, I do not claim credit for any information featured on this blog, unless otherwise provided.

So, here it goes...

Executive: Philippines is headed by a president, who is elected to a 6-year term by direct popular vote. If no candidate wins an absolute majority, the two leading candidates face each other in a runoff election. The Council of State (cabinet) is headed by the prime minister, who is selected by the parliament.

Legislature: The Philippine parliament, known as the Grand National Assembly, is unicameral and is composed of 219 members elected by direct and popular vote for a term of up to four years.

Judiciary: The Philippine judiciary includes the Office of the Parliamentary Ombudsman, the Chancellor of Justice and administrative courts. The Chancellor of Justice and the Parliamentary Ombudsman monitor the actions of all public servants from the highest level on down. Both are independent, with authority to investigate the actions of members of Parliament, ministers and even the head of state. The efficiency and high profile of these posts also help prevent abuses.

The courts exercise judicial power, that is, they decide individual cases. The courts are independent: They are bound only by the law in force. No outside party can intervene in the decision-making of the courts.

The district courts deal with criminal and civil cases. The decision of a district court can normally be appealed in a court of appeal. The decisions of the courts of appeal, then, can be appealed in the Supreme Court, provided that the Supreme Court grants leave to appeal.

The administrative courts review the decisions of the authorities. The decisions of the administrative courts can be appealed in the Supreme Administrative Court.

There are also certain special courts. These are the Market Court, the Labour Court, the Insurance Court and the High Court of Impeachment and Green Court.

Local Government

Executive power in each department (province) is exercised by a governor, who is appointed by the country's president. Cities and municipalities which are generally called districts are headed by elected mayors, vice-mayors and district councils (legislative) by direct and popular vote for a term of up to four years.. Communes (barangay) which are the smallest local government units that can exist are headed by Perfects and its seven-member Commoners Assembly (legislative) elected in four-year term.

The President of the Democratic Republic of the Philippines

Ø The President of the Philippines is the Head of State of the Philippines. Supreme executive power is vested in the President and the government, with the President possessing extensive powers, which must enjoy the confidence of Parliament, but the general government of the state affairs rests with a Council of State.

Ø The President is elected directly by the people for a six-year term and may be elected once. The President must be a native-born Filipino citizen.

Ø The president is responsible for foreign policy in cooperation with the cabinet (the Philippine Council of State) where most executive power lies, headed by the Prime Minister.

Ø Responsibility for forming the cabinet is granted to a person nominated by the President and approved of by the Parliament. This person also becomes Prime Minister after formal appointment by the President.

Ø Any minister and the cabinet as a whole, however, must have continuing trust of the parliament and may be voted out, resign or be replaced.

Ø The President upon taking office must renounce any party affiliation, so that he or she may be seen as neutral in regard to party politics.

Duties and powers of the President

Ø Ordering premature parliamentary elections

Upon the proposal of the Prime Minister, the President may, having consulted the parliamentary groups and while Parliament is in session, order the holding of premature parliamentary election. The new Parliament is chosen for a normal four-year term. Parliament itself may decide when to end its session before the election day.

The President declares each Annual Session of Parliament open and closes the last Annual Session. This is done in a speech at each opening and closing ceremony.

Ø Appointing and discharging ministers

The Prime Minister and other members of the government are appointed and discharged by the President. After parliamentary elections or in any other situation where the Government has resigned, the President, taking into account the result of consultations between the parliamentary groups and having heard the view of the Speaker, submits to Parliament his or her nominee for Prime Minister. If confirmed by Parliament with a majority of the votes cast, the President then proceeds to appoint the Prime Minister and other ministers designated by him or her. The President is constitutionally required to dismiss a Government or any minister as soon as they have lost the confidence of Parliament.

Ø Appointing powers

The President appoints:

* Department Governors

* Chancellor of Justice and the Vice-Chancellor of Justice

* Prosecutor-General and the Vice Prosecutor-General

* Permanent Under-Secretaries of State, the highest appointed officials in each ministry

* The Permanent Secretary and Under-Secretaries of the Ministry of Foreign Affairs, the inspector of embassies, and the ambassadors (heads of embassies)

* Heads of central agencies

Ø International relations

The President conducts Philippines’ foreign policy in co-operation with the Government. The provisions of treaties and other international obligations that affect domestic legislation are implemented by acts of Parliament. Otherwise, international obligations are implemented by a Presidential decree. Decisions on war and peace are taken by the President with the assent of Parliament

Ø Legislation

The President must sign and approve all acts adopted by Parliament before they become law. He or she must decide on ratification within three months of receiving the act and may request an opinion from the Supreme Court or the Supreme Administrative Court before giving assent. Should the President refuse assent or fail to decide on the matter in time, Parliament reconsiders the act and can readopt it with a majority of votes cast. The act will then enter into force without ratification. If Parliament fails to readopt the act, it is deemed to have lapsed. Presidential vetoes are generally successful in preventing the bill becoming law

Ø Presidential pardon

In single cases, the President has the power of pardon from any imprisonment, fine, or forfeiture. General pardon requires an Act of Parliament.

Ø Commander-in-Chief of the Defense Forces

The President is the Commander-in-Chief of the Philippine Defense Forces, but may delegate this position to another Filipino citizen. Delegation of the position of Commander-in-Chief is an exception to the principle that the President cannot delegate functions to others. The President commissions officers and decides on the mobilization of the Defense Forces. If Parliament is not in session when a decision to mobilize is taken, it must be immediately convened. As Commander-in-Chief the President has the power to issue military orders concerning general guidelines for military defense, significant changes in military preparedness and the principles according to which military defense is implemented.

Decisions concerning military orders are made by the President in conjunction with the Prime Minister, and the Minister of Defense. The President decides on military appointments in conjunction with the Minister of Defense.

Ø Emergency Powers

The President may issue a decree authorizing the Government to exercise emergency powers for up to one year at a time. The decree must be submitted to Parliament for its approval. The President may declare a state of defense by decree for a maximum of three months initially. If necessary, it can be extended for a maximum of one year at a time. A state of defense may also be declared in a region of the country. The decree must be submitted to Parliament for approval.

Parliament

Ø The Grand National Assembly (parliament) consists of one chamber with two hundred nine-teen members. The members are elected for a four-year term by direct popular vote under a system of proportional representation.

Ø The Parliament elects the Prime Minister, who is appointed to office by the President. Other Ministers are appointed by the President on the Prime Minister's proposal.

Ø The Prime Minister is the Head of Government of the Philippines.

Prime Minister’s Duties

The Prime Minister directs the work of the Government and oversees the preparation and consideration of Government business. When the Prime Minister is prevented from attending to his or her duties, these are taken over by the Minister designated as Deputy Prime Minister, or, when the Deputy Prime Minister is also prevented, by the Government's longest-serving minister.

The Deputy Prime Minister of the Philippines is a member of the Council of State who can take the position of acting Prime Minister when the actual Prime Minister is temporarily absent.

The Council of State

The Council of State or the Government is Philippines' cabinet; it directs the Government of the Philippines. The Council of State is made up of the Prime Minister and eighteen ministers for the various departments of the central government as well as an ex-officio member, the Chancellor of Justice.

The Philippine Council of State:

  • Prime Minister
  • Minister of Finance
  • Minister of Foreign Affairs
  • Minister for Foreign Trade and Development
  • Minister of Justice
  • Minister of the Interior
  • Minister of Defense
  • Minister of Public Administration and Local Government
  • Minister of Education
  • Minister of Culture and Sport
  • Minister of Agriculture and Forestry
  • Minister of Transport
  • Minister of Communications
  • Minister of Trade and Industry
  • Minister of Social Affairs and Health
  • Minister of Health and Social Services
  • Minister of Labor
  • Minister of the Environment
  • Minister of Housing

An independent judiciary, assisted by two legal officials with broad independent powers--the chancellor of justice and the parliamentary ombudsman--ensured that government institutions adhered to the law.

The Chancellor of Justice of the Philippines

It is a Philippine government official who supervises authorities' (such as cabinet ministers and other public officials) compliance with the law and advances legal protection of Filipino citizens. The Chancellor investigates complaints against authorities' activities and may also start an investigation of his own initiative. The Chancellor attends cabinet meetings as a non-voting member to ensure that legal procedures and regulations are followed. The Chancellor has wide ranging oversight, investigative and prosecutorial powers.

The Chancellor and his deputy are appointed by the President of the Philippines. The Chancellor is appointed for life.

Duties of the Chancellor of Justice

* supervising the lawfulness of the official acts of the Government and the President of the Republic

* providing the President, the Government and the Ministries with information and opinions on legal issues

* supervising that the courts of law, other authorities and civil servants, public employees and other persons obey the law and fulfill their obligations when performing public tasks

* monitoring the implementation of basic rights and liberties and human rights

* supervising the conduct of advocates with the Philippine Bar Association

Office of the Parliamentary Ombudsman

The Ombudsman exercises oversight to ensure that public authorities and officials observe the law and fulfil their du­ties in the discharge of their functions. In addition to authorities and officials, the scope of oversight includes also other parties performing public functions. The aim is to ensure good administration and the observance of constitutional and human rights.


This structure of government is just a proposal. Because what I only want is the best for my beloved country. Hence, I am dreaming of a brand new Philippines - progressive, disciplined and free from graft and corruption (or at least minimized).


Anyone is free to react, criticize, comment and suggest in this proposed government. I will be expecting you then...



Sunday, February 7, 2010

The Proposed “Democratic Republic of the Philippines” Part II

“When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a communist.” — Dom Helda Camara

Nowadays, poverty is the state for the majority of the world’s people and nations, including of course the Philippines. Why is this? Is it enough to blame these poor people for their own predicament? Have they been lazy, made bad decisions, and been solely responsible for their plight? What about their government?

Corruption is the root cause of poverty. It is a form of criminality and part of bad governance or bad politics. It must be regulated and handled at all levels of legislation, norms and other control systems. Thus, I formulated a new form or structure of government that will minimize corruption in the government. This structure of government is not new, it is actually a consolidated form gathered from different government structures around the world, which I think will create a new, compact, comprehensive and ideal form of government for the Philippines.

Thus, in building a new form of government the following administrative principles of good governance should be given priority in state legislation to counter or at least minimize corruption in the Philippines.

The most important principles are the following:

1) the principle of equality,

2) the principle of objectivity,

3) the principle of proportionality and

4) the principle of focus on issues without divergence.

For you to fully understand the new form of government that I am talking about, let me first give you the structural characteristics that define a parliamentary republic or parliamentary constitutional republic, the type of government that I am proposing.

1. It is a form of a republic which operates under a parliamentary system of government.

2. In contrast to a presidential republic and the semi-presidential system, the head of state usually does not have broad executive powers as an executive president would, because much of those powers have been granted to a "head of government" (usually called a prime minister).

3. The President may legally have executive powers granted to them to undertake the day-to-day running of government (as in Finland) but by convention they do not use these powers.

What do we expect then to achieve through the proposed parliamentary republic system? With greatly improved governance in a parliamentary democracy, gradually we shall be better able to develop greater human and institutional capabilities for good governance:

1. It is easier to pass legislation within a parliamentary system. This is because the executive branch is dependent upon the direct or indirect support of the legislative branch and often includes members of the legislature. In a presidential system, the executive is often chosen independently from the legislature. If the executive and legislature in such a system include members entirely or predominantly from different political parties, then stalemate can occur.

2. It has attractive features for nations that are ethnically, racially, or ideologically divided. In a unipersonal presidential system, all executive power is concentrated in the president. In a parliamentary system, with a collegial executive, power is more divided.

3. Power is more evenly spread out in the power structure of parliamentarianism. The Prime Minister seldom tends to have as high importance as a ruling president, and there tends to be a higher focus on voting for a party and its political ideas than voting for an actual person, based on their traits.

4. It is less prone to authoritarian collapse according to scholars (Juan Linz, Fred Riggs, Bruce Ackerman, and Robert Dahl). These scholars point out that since World War II, two-thirds of Third World countries establishing parliamentary governments successfully transitioned to democracy. By contrast, no Third World presidential system successfully transitioned to democracy without experiencing coups and other constitutional breakdowns.

5. In a recent World Bank study found that parliamentary systems are associated with lower corruption (Lederman, Daniel, Loayza, Norman and Soares, Rodrigo R., "Accountability and Corruption: Political Institutions Matter" (November 2001). World Bank Policy Research Working Paper No. 2708. Available at SSRN: http://ssrn.com/abstract=632777).

What are the most outstanding features of parliamentary system of government?

1. Collective ministerial responsibility;

2. Fusion of executive and legislative powers;

3. Cabinet responsibility to Parliament; and

4. Party discipline

So there you have it guys. The structure has been laid down, so it's up to you then to weigh things up.