Escolar Documentos
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(SOSC106)
The Constitutional Provision of Article VII Section 5 and its Relation to the
Submitted By:
Matienzo, Judith D.
MKA22
Submitted To:
Mr. Segundo E. Sim
May 2010
TABLE OF CONTENTS
Page
Title Page ……………………………………………………………………………… i
Introduction
Statement of the Problem
Statement of the Hypothesis
Local Studies
Appendix
Reference List
CHAPTER I
Introduction
For the Philippines, Aquino is an unlikely man of the moment (Ishaan Taroor, 2010).
Many have been questioning his capability of alleviating the Nation from the many problems it
faces. Now lies in his hands are the possibilities he have been continuously promising the
humankind. Overrated opinions that he can not be as good as his father and mother can be heard
everywhere. Just like what Gelo Cabigas (2010) has mused, “He has lived his life living the fruits of
his parents’ life, and name, off the family wealth. Noynoy is… NOT CORY, Noynoy is
NOT NINOY..and Noynoy is not ...Kris.” However, many still believes that it really runs in the
blood, serving the mankind and doing what is just and right.
This study aims to determine the relationship between the constitutional provision of
Article VII Section 5 and the May 2010 election presidential candidate Benigno “Noynoy”
Aquino III. This will help the researchers conclude whether the provision is being observed and
With the existing ideas of the researcher, this study hopes to either strengthen or nullify
This research study intends to analyze the constitutional provision of Article VII Section
5 and its relation to the May 2010 Election Presidential Candidate Benigno “Noynoy” Aquino
III.
c. How does the Constitutional Provision of Article VII Section 5 affect the May 2010
Statement of Hypothesis
There is no relationship between the Constitutional Provision of Article VII Section 5 and
the May 2010 Election Presidential Candidate Benigno “Noynoy” Aquino III.
CHAPTER II
Executive power in the 1935 Constitution is vested on the President of the Philippines
(Art. VII). Isagani Cruz describes executive power as the power to enforce and administer laws.
But in the exercise of this power, the president assumes a “pleniture of authority”, though with
politicians, as in the case of Ferdinand Marcos, but a powerful instrument if used by dedicated
The vital executive powers and duties of the president, indicating the functions of the
office, stipulated in the amended Article VII Executive Department, are the following:
president is vested with powers to appoint the heads of executive departments and
bureaus; the officers of the Army, from the rank of colonel of navy, and from the rank
of captain or commander of the air forces; and all other officers of the government
not provided for, and those authorized by law, as well as for inferior officers as
2. Executive Control. As stated in the Constitution, the president is vested with the
power and functions to implement laws, including the preservation and defense of
the opening of each regular Congress session, as basis for general appropriation bill
4. Military Power. The president is the commander in chief of all armed forces of the
Philippines and whenever necessary, may call out such armed forces to prevent or
5. Power to declare martial law and suspend the writ of habeas corpus. When public
safety requires, the president may call for the suspension of writ of habeas corpus and
6. Power to grant reprieves. The president has the power to grant reprieves,
commutations, pardons; remit fines and forfeitures after conviction, for all offenses
deemed proper to impose; power to grant amnesty with the concurrence of Congress.
of the Senate can enter into treaties; and has the power to receive ambassadors and
as it may impose, the president can fix, within the specified limits, tariff rates, import
9. Veto power. With respect to Congress, the president can exercise veto on particular
of the Commonwealth and the Third Republic provided the lessons for crafting the 1987
Constitution, as well as the bitter lessons from the Marcos Regime. The 1973 and 1981
constitutions were drafted and ratified under conditions of martial rule from 1972 to 1986, and
used by Marcos in ways that suited his dictatorial regime, until it ended by the 1986 People
The way presidents use their constitutional powers, their personal qualities, and political
style of leadership resulted in positive and negative impacts on the democratic institutions and
processes. The significant relationships of the president were with the bureaucracy; as part of the
electoral spoils system and political patronage; with the military, for support and loyalty; and for
legislative support; and with the legislature itself for government appropriations and passage of
executive-initiated legislation.
A brief review of the presidents from 1946 to 1972 describes the mix of constitutional,
personal, and political factors that interplay in assuming the post of chief of executive of the
Philippine republic.
The Presidents
Roxas had to face the problem of the country’s rehabilitation after the war and treaties
with the US that had been adjudged over the years as unequal and disadvantageous of the
Philippines. He made the ample use of the treaty-making powers of the executives.
Quirino’s political will to faithfully serve the Filipino people by pursuing a cleanup for
graft and corruption met a challenge when one member of his Liberal Party was charged for
irregularities, ousted as president of the Senate and suspended for a year as a Senator. According
to accounts, the partymate had asked Quirino to tolerate rather than pursue the investigation, but
Quirino persisted in letting the truth come out at all costs. An impeachment charge was brought
against Quirino which did not prosper for lack of evidences and factual and legal basis and
because the president’s actions were duly approved by legal and constitutional officers.
As president, Magsaysay carried the image of an honest and humble man, a trustworthy
and commendable guerilla leader; the man with the common touch, as one of the masses; a tough
fighter of communism but caring and sympathetic to the rebels, a man of action and example, the
people’s president. He truly consecrated himself to the service of the nation. Justice was never
been deprived from all people; in fact, he even opened the gates of the Malacañang Palace to the
Filipino people to make them feel that they are most welcome to the government especially if
President Garcia pursued the “Filipino First” policy, but he also moved into gradual
decontrol in 1960. The big blow to Garcia was the serious graft and corruption in his
government, deplored by Emmanuel Pelaez who resigned from the Nacionalista Party on this
issue.
As president, he tried to keep off the usual executive dominance over the bureaucracy for
political patronage and instead attempted to professionalize the bureaucracy. He tried to curb the
graft and corruption since he knew this caused Garcia’s downfall by setting up the Antigraft
Committee.
Marcos broke the reelection pattern failure of incumbent presidents. He was elected for
his first term from 1965 to 1969 and reelected for the second term from 1969 to 1973, but he
declared Martial law in 1972 and pushed for the new 1973 and 1981 constitutions to support his
authoritarian regime.
CHAPTER III
RESEARCH DESIGN
Research Method
The descriptive research design was used in this research. One type of descriptive
research is the survey method, which is designed to help determine the relation of the
Constitutional Provision of Article VII Sec. 5 and the May 2010 Election Presidential Candidate
This study was conducted at the De La Salle University-Dasmariñas from April 2010 to
May 2010.
Sampling Procedures
using the random sampling. The names of the respondents were randomly selected using the
fishbowl technique.
Collection of Data
Data were obtained using the prepared questionnaire (Appendix A). It gathered
information regarding the possibility of fulfillment of duties and/or functions of the “incoming”
affirmation:
Oath is an outward pledge made under an immediate sense of responsibility to God. If the
President, Vice-President or Acting President does not believe in God, he makes n affirmation.
Instead of saying “I solemnly swear”, he declares “I solemnly affirm”. In such case, he omits the
The oath-taking marks the formal induction of the President, Vice-President, or Acting
President in the office. It is mandatory. He cannot enter on the execution of his office without
Vice-Chairman.
After the death of President Corazon Aquino, calls for him to run
for higher office reached its highest and he has decided after the
elections.
the last weekend of August, Senator Aquino and his fellow partymate
elections.
in Greenhills, San Juan City, Senator Roxas, a leading candidate for the
race and expressed his support for Aquino’s candidacy. Sen. Aquino
later stood side by side Sen. Roxas, but did not make a public
conference at the Club Filipino in Greenhills, San Juan City, which also
3. How does the Constitutional Provision of Article VII Section 5 affect the May 2010
Many are still in doubt of the capabilities of the Presidential Candidate Benigno
“Noynoy Aquino” III. It is inevitable, though, that issues and controversies will keep on
bugging him and his family every now and then. Furthermore, the senator just keeps his
eyes and mind open knowing that not every citizen of the Philippines is in his alliance. It
is evident that the May 2010 Presidential Candidates really got their eyes on the
development and progression of the Philippines and no one knows who would win, even
if the surveys and polls clearly state the big difference of Noynoy’s lead among the other
presidentiables.
The researcher conducted a survey regarding the capability of Noynoy to fulfill all
from the survey and for better analysis, below are tabulations prepared from the
COMELEC, and the time comes that he shall take the presidency, I believe that
for granted.
Believe 25 71% 1
The Constitutional Provision of Article VII Section 5 and its Relation to the
Please check (√) the answers most applicable to you on the spaces provided.
Please share your frank, honest, and sincere answer.
CYS: __________
As the leader in the Presidential Election race most recently presented by the COMELEC, and the
time comes that he shall take the presidency, I believe that Presidential Candidate Benigno “Noynoy”
Aquino III:
__shall fulfil his/her duties as a President of the Philippines
__believes in God
Furthermore, I ( ) believe ( ) do not believe that he would take the oath/affirmation for granted.
REFERENCE LIST
Books
Encarnacion-Tadem, T. S., and Morada, N.M. (2006). Philippine Politicas and Governance: An
Introduction. Philippines: COR ASIA, Inc.
Internet
http://www.time.com/time/magazine/article/0,9171,1982219,00.html#ixzz0oNgdcDpx