Kinds OF Sovereignty

There are four kinds of sovereignty:

Legal sovereignty - is the authority which has the power to issue final commands. This is the supreme law making power.

Political sovereignty - is the power behind the legal sovereign, or the sum of the influences that operate upon it. This is legally unknown, unorganized and incapable of expressing the will of the state in the form of legal command. But it is this will that must ultimately prevail in the State. In a narrower sense, the electorate constitutes the political sovereign, and in a broader sense, the whole mass of population.

Internal sovereignty - refers to the power of the State to control its domestic affairs. It empowers the State to make and alter its system of government, and to regulate its private affairs, as well as the rights and relations of its citizens, without any dictation, interference, or control on the part of any person or body or State outside the particular political community.

External sovereignty - is the power of the State to direct its relations with other States. With this, the State is not subject to the control, dictation, or government of any other power. It implies the right and power to receive recognition as an independent power from other powers, and to make treaties with them on equal terms, make war or peace with them, send diplomatic agents to them, acquire territory by conquest or occupation, and otherwise to manifest the freedom and autonomy. (Suarez, 2005) This is also known as independence.

SOVEREIGNTY, DEFINED.

Sovereignty is the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollarily, to have freedom from foreign control. (De Leon, 1991) It is the supreme, absolute and uncontrollable power by which any state is governed.

CHARACTERISTICS OF SOVEREIGNTY

Sovereignty is permanent, exclusive, comprehensive, inalienable, absolute and unified.

Permanence - So long as the state itself exists, sovereignty continues without interruption.
Exclusive - There can be but one supreme power in the state. Within the state, there is no other power that possesses equal or superior authority to it.
Comprehensiveness - Sovereign power extends over all persons, associations, and things within such territorial limits except those over which the state has voluntarily consented to waive the exercise of its jurisdiction.
Inalienability - An attribute of the state by virtue of which it cedes away any of its essential elements without self-destruction.
Absolutism - Sovereignty is a primary power. It does not derive its power from  anything, There is no other body that determines the nature and the extent of the power as a matter of legal right.
Unity - Sovereignty cannot be divided without producing several wills of the people, which is inconsistent with the notion of sovereignty.

THE LEGISLATURE

Legislature is a body of persons, usually elective, empowered to make, change, or repeal all laws of a country or state. (Zulueta, 1999.) The legislature determines and prescribes the general rules that govern the relations of the people among themselves or between them and the government and its agencies. Moreover, this body also defines the rights and duties of citizens, imposes taxes, appropriates funds, defines crimes and prescribes their punishment, creates and abolishes government offices and determines their jurisdiction and function through their written enactments called laws. 

Types of Legislature
There are several types of legislative bodies established by different countries:

·         unicameral

·         bicameral

·         multi-cameral.

Unicameral is the practice where there is only one legislative chamber. Because there is only one legislative chamber, proponents of this system believe that this system offers simple and fast action in deliberating legislative measures. This is also more economical to maintain as there are fewer institutions to support and maintain. The most populous (China) and the least populous (Vatican City) states in the world practice the unicameral system of government.

Bicameralism is the practice where there are two legislative bodies.  Advocates of the bicameralism claim that this system is less susceptible to bribery and control of big interests because the members of another chamber can check the other chamber. Hasty and ill-considered legislation past by the first chamber can be therefore be checked, modified or rejected by the other chamber. The United States and the Philippines operate under this system.

Multicameralism is the practice where there are more than two chambers. In 1983, the apartheid government of South Africa provided for a tricameral legislature perceived to be race-based. They were the House of Assembly - reserved for the whites; the House of Representatives - reserved for the colored or mixed race; and the House of Delegates - reserved for the Asians. That tricameral legislature was controversial and was not particularly strong. 

THE PHILIPPINE LEGISLATIVE BRANCH

The Philippine Legislative branch, otherwise known as the Congress of the Philippines, is composed of two houses: the House of Senate and the House of Representatives. The first house is considered as the upper house and the latter is the lower house. Lodged in these two houses is the legislative power or the power to make, alter or repeal laws. However, one of the modifications of the 1987 Philippine Constitution is that the legislative power is now not exclusively vested in the Congress. It provides:

"The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum."

This makes the power of initiative and referendum directly in the hands of the people. The people therefore has the direct power to "propose and enact laws or approve or reject any act or law on part thereof passed by the Congress or local legislative body."  This power can be used by the people should the legislature show itself indifferent to the needs of the people. (Bernas, 2007) Of course, the scope of this legislative power which the people may exercise through initiative and referendum is subject to the exceptions which Congress may impose. (Sec 32, Art VI, 1987 Phil Const)

THE PHILIPPINE SENATE

Composition

The Senate is composed of twenty-four (24) senators who are elected at large by qualified Filipino voters.  When we say elected at large, we mean that the senators were voted upon by the entire national electorate. The Senate is considered as a training ground for national leaders and possibly a step forward to Presidency. It is perceived that having been elected by the national electorate, a senator will have a broader outlook of the problems of the country instead of being restricted by parochial viewpoints and narrow interests.

Qualifications

The following are the qualifications for membership in the Senate as laid down in Section 3, Article VI of the 1987 Philippine Constitution:

Natural-born citizen

At least 35 years old on the day of the election

Able to read and write

A registered voter

A resident of the Philippines for not less than 2 years immediately preceding the day of the election

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. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority are deemed natural-born citizens.

The age qualification is very clear. A candidate must be 35 years old on the very day of the elections, that is, when the polls are opened and the votes are cast, and not on the day of the proclamations of the winners by the board of canvassers. This nullifies the ruling in Espinosa vs. Aquino (Electoral Case No. 9, SET).

Residence is defined as the place where one habitually resides and to which, when he is absent, he has the intention of returning. (Lim vs. Pelaez, Electoral Case No. 35, HET). For those running in the Senate, the residence to them is in any part of the Philippines.

All of the qualifications set in Section 3, Article VI of the 1987 Constitution are continuing requirements. They must be possessed for the entire duration of the member's incumbency. Thus, if one was naturalized in a foreign country during his term, he shall cease to be entitled to his seat.

Moreover, the Congress cannot change the qualifications set forth by just passing an ordinary statute, no matter how relevant they may be. It requires a call for an amendment of the Constitution for any change that would be effected in the qualifications.

Term
The term of the senators is governed by the following provisions in Articles VI and XVII (1987 Philippine Constitution) respectively:

 "Sec. 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election."

"Sec. 2. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992.
"Of the senators elected in the election in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years."

The last provision is for the continuity of the life of the Senate wherein twelve senators shall be elected every three years to serve the full term of six years. This makes the House of Senate not at any time completely dissolved. This scheme is intended to encourage the maintenance of Senate policies as well as guarantee that there will be experienced members who can help and train newcomers in the discharge of their duties.

Following the said provision, those senators who were first elected on May 1987 served a term of only five (5) years only ending on June 30, 1992. Of the twenty-four (24) senators elected in 1992, the first twelve obtaining the highest number of votes served the full term of six years (1992-1998). The last twelve senators served a term of three years (1992-1995). Now, the twelve senators who were elected in that same year (1995), they served the full term of six years. Those who were also elected in 1998 served the full term of six years and so on.

One thing though that the Constitution specifically provides is no senator is to serve for more than two consecutive terms. The senator therefore can serve no more than twelve (12) years in the Senate. This constitutional prohibition is intended to encourage other political aspirants and discourage the creation and maintenance of political dynasties.

The term of all the members of the Congress starts at twelve noon of June 30 next following their election in May

THE PHILIPPINE HOUSE OF REPRESENTATIVES

Composition

There are two kinds of members in the House of Representatives, to wit: the district representatives and the party-list representatives.

The district representatives are elected directly and personally, from the territorial unit they seek to represent. To date, there are 216 members in the House of Representatives who were elected directly and personally from the territorial unit they represent. These units or legislative districts were created in accordance with their respective population and on the basis of a uniform and progressive ratio. The Constitution provides that there shall be a reapportionment of legislative districts within three years following the return of every census. When making a reapportionment, the legislature shall see to it that each city with a population of at least two hundred fifty thousand, and every province shall have at least one representative. In reapportionment, the Charter prohibits gerrymandering - the arrangement of districts in such a way as to favor the election of preferred candidates through the inclusion therein only of those areas where they expect to win, regardless of the resultant shape of such districts. Arrangement must be compact, contiguous and adjacent.

The party-list representatives, on the other hand, are chosen indirectly, through the party they represent. The voters choose from the various parties listed in the Commission on Elections.  The number of candidates to be elected from each party shall depend on the percentage or proportion of votes obtained by the party in the election. To date, twenty percent or 54 of the total membership (270) of the House of Representatives is composed of party-list representatives.

Qualifications
Members of the House of Representatives have the same qualifications with the members of House of Senate except for age and residency qualifications.

The age qualification is lower (25 years old) as compared to the senators which is 35 years old. This might explain the relative impulsiveness of the House of Representatives.

Residence for the members of the House of Representatives must be in the district they represent and is only for one year immediately before the election. In the case of the Senate, residency is two years before the election. The purpose of the residence requirement is to ensure familiarity with the conditions and problems of the constituency sought to be represented and consequent efficiency and concern in the discharge of legislative duties on its behalf. (Cruz, 2005).

Term
The term of the members of the House of Representatives is fixed for three years which begins at noon of the thirtieth day of June next following their election. They shall serve of not more than three consecutive terms or a total of nine (9) years only. One purpose in reducing the term to three years is to synchronize with the senatorial, vice-presidential and presidential elections.

Voluntary renunciation of the office is not considered as an interruption in the continuity of a representative's service for the full term for which he was elected.

PARLIAMENTARY IMMUNITIES

There are two kinds of privileges that every member of the Congress enjoys, to wit: immunity from arrest and privilege of speech and debate. 

Immunity from arrest.

Intended to ensure representation of the constituents of the members of the Congress by preventing attempts to keep him from attending its sessions, they shall not be arrested, while the Congress is in session, for offenses that are punishable by not more than six years. Session herein refers to the entire period from its initial convening until its final adjournment, eg. July 27 to October 16. Thus, freedom from arrest can be enjoyed even though the member is not attending the day-to-day meetings. However, this privilege cannot be used for offenses (civil or criminal) that are punishable by more than six months, eg. rape, murder. In People vs. Jalosjos, the respondent who was found guilty of rape and in detention was not freed on his claim of popular sovereignty and the need of his constituents to be represented. Rather, it was ruled that for crimes punishable by a penalty of more than six years, the members of the Congress are not exempted from detention. 

Privilege of Speech and Debate
This privilege enables the legislator to express views in the interest of the public without fear of accountability to support his statements with the usual evidence required in the court of justice. There are however two requirements in order that this privilege be availed. First, the remarks must be made while the legislature is in session; and second, they must be made in connection with the discharge of official duties. The Supreme Court declared in Jimenez vs. Cabangbang, that the privilege cannot be invoked by a legislator who had allegedly maligned the plaintiff in an open letter to the President of the Philippines coursed through and published in the newspapers. The finding was that he had written the letter at a time when the Congress was in recess and in his private capacity only. 

CONFLICT OF INTEREST

Upon assumption, all legislators are required to fully disclose thier financial and business interests. They are also to inform their House of any potential conflict that may arise from the filing of a proposed legislation of which they are the authors.

This provision is intended to ensure the probity and objectivity of our legislators. There are some instances when some are tempted to be in the Congress not because of their desire to serve the people but rather to protect their own interests. By requiring them to make known their financial and business interests and investments, it is hoped that self-aggrandizement will be reduced and they will be prevented from using their official positions for ulterior purposes.

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.

POWERS OF THE CONGRESS

The powers of Congress are classified as follows:

·         Legislative power in general

·         Specific legislative powers

·         Non-legislative powers

·         Implied powers

·         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.

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).

ACT OF STATE

An act of state is an act done by the state in its exercise of sovereign power through its government or its delegate subject to the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings in a court of law.

Example of an act of state is the act of recognizing a newly-established foreign state or government.

FORMS OF GOVERNMENT

The following are the forms of government:

1.      As to the number of persons exercising sovereign powers:

Monarchy - the supreme authority is in the hands of a one person only; how he got into power or how long his tenure would be does not matter 

·         Absolute monarchy - the power of the monarch is based on divine right

·         Limited monarchy - the power of the monarch is based on the constitution

Aristocracy - the ruling power is in the hands of a few privileged class

Democracy - the power is in the hands of the people

·         Direct or pure democracy - the power is directly exercised by the people through assembly or mass meeting.

·         Indirect, representative or republican - the power is exercised by a group of persons chosen by the people to act as their representatives

2.      As to extent of powers exercised by the central or national government:

Unitary government - the control of national and local affairs is under the central or national government

Federal government - the powers of the government are divided between two sets of organs, one for national and the other for local affairs, each organ being supreme within its own sphere

3.      As to relationship between the executive and the legislative branches of the government:

Parliamentary government - the executive is dependent on the legislative

Presidential government - the executive is constitutionally vested with powers making it independent from legislative department

4.      Other forms:

Civil government - the affairs of the state are administered and directed by the citizens or their representatives

Military government - established and administered by a  belligerent in the territory of an enemy occupied by him

Constitutional government - the powers of those who rule are defined and limited by the constitution

Despotic government -  the powers of those who rule are vague and may seem limitless because it is not defined nor limited by the constitution

Elective government - the state confers powers upon a person or organization chosen by qualified voters and the holding of powers is for a limited term and under certain conditions

Hereditary government - the state confers the powers of government upon a person or organization standing in a certain family relations to his or their immediate predecessors

Coordinate government -  the powers of the government is distributed among separate departments equally independent of but coordinate with each other

Consolidated government - the state confides all governmental powers to a single body

De jure government - established according to the constitution of the state and has the general support of the people

De facto government - established against existing constitution of the state and is maintained against the rightful and lawful government

Revolutionary government - installed, whether by force or otherwise, not in accordance with the procedure prescribed in an existing constitution

The Philippines is a representative, unitary, presidential  civil, constitutional, elective, coordinate, and de jure government. In a way, it also exercises direct or pure democracy because of the constitutional provision on initiative and referendum.

FUNCTIONS OF GOVERNMENT

There are two functions of government: constituent and ministrant.

Constituent functions are those which constitute the very bonds of society and are compulsory in nature. Examples are keeping of order and providing for the protection of persons and property; the fixing of the legal relations between man and wife, and between parents and child; the regulation of property and the determination of contract rights; the definition and punishment of crime, the administration of justice, the determination of political duties, privileges, and relations of citizens, dealings of the state with foreign powers, the preservation of the state from external danger and the advancement of international interest. 

Ministrant functions are those that are undertaken only by way of advancing the general interests of society and are merely optional. Examples are public works, public education, public charity, health and safety regulations and regulations of trade and industry.

DOCTRINE OF PARENS PATRIAE

Literally, parens patriae means father of the country. This doctrine has been defined as the inherent power and authority of the state to provide protection to the persons and property of the persons non-sui juris. Non-sui juris persons are those who lack the legal capacity to act on his own behalf like the child or the insane persons.

DOCTRINE OF SEPARATION OF POWERS

Originally suggested by Aristotle in his treatise on Politics, and later on recognized by Marsiglio of Padua, Cromwell, Locke and Montesquieu, the doctrine of separation enunciates the idea of grouping the powers of government into three classes and of their apportionment among three coordinate departments, separate from and independent of each other.

This doctrine is being carried out until this modern day that it is now incorporated in the constitutions of many states. Among which is the United States of America.Kilbourne vs. Thompson, 103 US 168, 190, 25L.ed. 377, ruled:

It operates to maintain the legislative powers to the legislative department, executive powers to the executive department, and those which are judicial in character to the judiciary. Through this allocation of powers, the person entrusted shall not be permitted to encroach upon the power confided to the others, but that each shall, by the law of its creation, be limited to the exercise of the powers appropriate to its own department and no other. There must be independence and equity of the several departments.

In essence, the separation of powers means that the making of the laws belongs to Congress, the execution of the laws is to the executive and the settlement of controversies rests in the Judiciary. Each is prevented from invading the domain of the others. The purpose of the separation of powers is to prevent concentration of authority in one department and thereby avoid tyranny.

The separation of powers however should not be interpreted as complete separation and absolute exclusion. The doctrine carries that although the three branches are not subject to the control by either of the others and each is supreme within its own sphere, they are still equal and coordinate. Equal because they all derive their powers from the same common sovereign through the constitution. And coordinate because they cannot simply ignore the acts done by other departments as nugatory and not binding.

BLENDING OF POWERS

With the intricateness of the operations of government, it is unwise and impracticable to effect a strict and complete separation of powers. There are instances when certain powers are to be reposed in more than one department so they may better collaborate with, and in the process check each other for the sake of a good and efficient government. Thus, the necessity of blending of powers.

Blending of powers is actually sharing of powers of the different departments of government whereby one department helps and coordinates with the other in the exercise of a particular power, function or responsibility.

The following are examples under the 1987 Philippine Constitution where powers are not confined exclusively within one department but are in fact shared:

·        *  The President and Congress help one another in the making of laws. Congres enacts the bill and the   

               President approves it.

·         * The President prepares a budget and Congress enacts an appropriation bill pursuant to that budget.

·        *  The President enters into a treaty with foreign countries and the Senate ratifies the same.

·        *    The Supreme Court may declare a treaty, international or executive agreement, or law, as   

              unconstitutional, and it has also the power to declare invalid any act done by the departments of  

               government.

·      *    The grant of amnesty by the President is subject to the concurrence of a majority of all the members of the Congress.

CHECKS AND BALANCES

The ends of government are better achieved if the system of checks and balances will be observed.

Under the system of checks and balances, one department is given certain powers by which it may definitely restrain the others from exceeding constitutional authority. It may object or resist any encroachment upon its authority, or it may question, if necessary any act or acts which unlawfully interferes with its sphere of jurisdiction and authority.
The following are illustrations where there are checks and balances:

1.      The lawmaking power of the Congress is checked by the President through its veto power, which in turn maybe overturn by the legislature

2.      The Congress may refuse to give its concurrence to an amnesty proclaimed by the President and the Senate to a treaty he has concluded

3.      The President may nullify a conviction in a criminal case by pardoning the offender

4.      The Congress may limit the jurisdiction of the Supreme Court and that of inferior courts and even abolish the latter tribunals

5.      The Judiciary in general has the power to declare invalid an act done by the Congress, the President and his subordinates, or the Constitutional Commissions.