800 words
Content
A government is the instrument that provides mechanisms in determining,
formulating and implementing the policies of the state. It is the essential instrument of
the state that carries out its will, purposes and objectives. Therefore, the prime duty of
the government is to protect and serve the people and the nation itself. In a
government, running public officials are elected by the people as for them to be the
chosen leaders or officials to have the authority to govern.
The government of the Philippines have three branches, namely; Legislative
Branch, which has the power that deals with the making, deliberation over enactment,
amendment and even repealing of laws; Executive Branch, has the power to enforce
and administer the law and lastly the Judiciary Branch, which interprets and applies the
law in the name of the state and has a duty to settle actual controversies involving rights
which are legally demandable and enforceable.
The basic structure of the legislative branch of the Philippines is bicameral,
meaning legislative power is vested into two houses. The congress is divided into two
houses, the Upper House, the Senate which composes of 24 senators and the Lower
House, the House of Representatives which composes of 200 district representatives
and 50 party-list representatives.
As stated in the 1987 Philippine Constitution, Article XI, and Section 1 "Public
office is a public trust". Meaning the public or the citizens has complete trust to the
public office, specially its officials. As a democratic nation, our constitutional principle of
independence doesn't avoid the possibility of a check from another body. Nevertheless,
one of the constrictive principles is the system of checks and balances, a check that is
not within a body but outside. As this is a way of how democracy functions on the basis
of distrust. Having the principle of checks and balances, there's no absolute separation
of three branches of the government, but to maintain coequality, therefore each branch
checks the power of others. Through constitutional mechanism, each branch is allowed
to perform acts that would check the power of others to prevent, concentration,
monopoly and especially the abuse of power. Digging deeper from this modest looking
officials are unjust power of leadership and this people aren't worthy of must holding a
position on the public office as it conflicts our trust. Removing them can be a solution to
this problem by Impeachment but all other public officers and employees may be
removed by the provided laws not by Impeachment.
The power of impeachment is given to the Legislative Department, the Congress.
This is what power of impeachment empowers the Congress within our democratic
process of check and balances. However, the constitution doesn't detailedly
enumerated all the possible legislative powers, but it has bestowed Congress with
plenary powers, general repository of the police power of the state. But, it definitely
empowers Congress to provide the means of removal of impeachable and nonimpeachable government officers.
Impeachment has its foundation in the English common law, found its way in the
U.S. Constitution of 1787 and then was adopted by the 1935 Philippine Commonwealth
Constitution. Going back, Impeachment is a political process whereby the activities of
the public officials are brought under scrutiny. Consequences to them would be the
removal from office and being banned on holding future office. Impeachment only is
applicable to the President, vice president, Supreme Court Members, Ombudsman and
Members of the Constitutional Commissions. If one of this mentioned political officials
will cross the line committing culpable violation of the Constitution, Bribery, Treason,
Graft and Corruption and lastly Betrayal of the Public Trust will have a hundred percent
big chance of impeachment.
In the process of impeachment on the first step, a complaint is filed in Congress,
in the House of Representatives, meaning the House of Representative shall have
exclusive power to initiate all cases of impeachment. Secondly, the complaint will be
referred to an appropriate committee, one-third of all the House members must vote to
affirm or override the complaint. Then if verified, it will be transmitted to the Upper
House, Senate for trial. Conviction is possible if two-thirds of all Senate members
agrees. Clearly shows Congress becomes empowered, as the impeachable officials
obtains high and important ranks in the government as separation of powers overlaps
the notion of checks and balances giving it conflict.
1987 Philippine Constitution, doesn't mean that independent bodies have
complete insulation from other bodies. The composition of the Constitution
contemplates checks and balances that results in the extension, contraction of powers,
a organize functioning among different bodies that doesn't limit to legislative, executive
and judicial branches but includes independent constitutional bodies. Clearly the
intention of the Constitution is to protect the constitutional rights of the citizens. Overall,
certifying accountability among public officials is the real intention behind the
endowment on impeachment.
formulating and implementing the policies of the state. It is the essential instrument of
the state that carries out its will, purposes and objectives. Therefore, the prime duty of
the government is to protect and serve the people and the nation itself. In a
government, running public officials are elected by the people as for them to be the
chosen leaders or officials to have the authority to govern.
The government of the Philippines have three branches, namely; Legislative
Branch, which has the power that deals with the making, deliberation over enactment,
amendment and even repealing of laws; Executive Branch, has the power to enforce
and administer the law and lastly the Judiciary Branch, which interprets and applies the
law in the name of the state and has a duty to settle actual controversies involving rights
which are legally demandable and enforceable.
The basic structure of the legislative branch of the Philippines is bicameral,
meaning legislative power is vested into two houses. The congress is divided into two
houses, the Upper House, the Senate which composes of 24 senators and the Lower
House, the House of Representatives which composes of 200 district representatives
and 50 party-list representatives.
As stated in the 1987 Philippine Constitution, Article XI, and Section 1 "Public
office is a public trust". Meaning the public or the citizens has complete trust to the
public office, specially its officials. As a democratic nation, our constitutional principle of
independence doesn't avoid the possibility of a check from another body. Nevertheless,
one of the constrictive principles is the system of checks and balances, a check that is
not within a body but outside. As this is a way of how democracy functions on the basis
of distrust. Having the principle of checks and balances, there's no absolute separation
of three branches of the government, but to maintain coequality, therefore each branch
checks the power of others. Through constitutional mechanism, each branch is allowed
to perform acts that would check the power of others to prevent, concentration,
monopoly and especially the abuse of power. Digging deeper from this modest looking
officials are unjust power of leadership and this people aren't worthy of must holding a
position on the public office as it conflicts our trust. Removing them can be a solution to
this problem by Impeachment but all other public officers and employees may be
removed by the provided laws not by Impeachment.
The power of impeachment is given to the Legislative Department, the Congress.
This is what power of impeachment empowers the Congress within our democratic
process of check and balances. However, the constitution doesn't detailedly
enumerated all the possible legislative powers, but it has bestowed Congress with
plenary powers, general repository of the police power of the state. But, it definitely
empowers Congress to provide the means of removal of impeachable and nonimpeachable government officers.
Impeachment has its foundation in the English common law, found its way in the
U.S. Constitution of 1787 and then was adopted by the 1935 Philippine Commonwealth
Constitution. Going back, Impeachment is a political process whereby the activities of
the public officials are brought under scrutiny. Consequences to them would be the
removal from office and being banned on holding future office. Impeachment only is
applicable to the President, vice president, Supreme Court Members, Ombudsman and
Members of the Constitutional Commissions. If one of this mentioned political officials
will cross the line committing culpable violation of the Constitution, Bribery, Treason,
Graft and Corruption and lastly Betrayal of the Public Trust will have a hundred percent
big chance of impeachment.
In the process of impeachment on the first step, a complaint is filed in Congress,
in the House of Representatives, meaning the House of Representative shall have
exclusive power to initiate all cases of impeachment. Secondly, the complaint will be
referred to an appropriate committee, one-third of all the House members must vote to
affirm or override the complaint. Then if verified, it will be transmitted to the Upper
House, Senate for trial. Conviction is possible if two-thirds of all Senate members
agrees. Clearly shows Congress becomes empowered, as the impeachable officials
obtains high and important ranks in the government as separation of powers overlaps
the notion of checks and balances giving it conflict.
1987 Philippine Constitution, doesn't mean that independent bodies have
complete insulation from other bodies. The composition of the Constitution
contemplates checks and balances that results in the extension, contraction of powers,
a organize functioning among different bodies that doesn't limit to legislative, executive
and judicial branches but includes independent constitutional bodies. Clearly the
intention of the Constitution is to protect the constitutional rights of the citizens. Overall,
certifying accountability among public officials is the real intention behind the
endowment on impeachment.
