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Wednesday, September 03, 2014

The People - PGC Lecture

The Philippines based on the constitution is a Republic type of democracy.  Both the preamble and Article II attest to this.  Basically, it is a "rule by the people".  But what does to rule mean? And who are the people?  If we look it up, the first question can be answered technically through Article V, and the second can be answered through section IV.

Since the Philippines is a democracy, the people are called citizens.  If it was under a monarchy, they would be called subjects, since the people will then be subject to the rule of another.  There are four kinds of citizens differentiated on how they became Filipinos (Art. IV sec. 1).  For citizens by birth, the general rule applied is Jus sanguinis (the rule of blood relationship as opposed to rule of birthplace).

Citizenship can be aquired voluntarily and involuntarily.  But what is citizenship? It's a political concept.  By being a citizen, citizenship is a process whereby the state grants a person rights and privileges.  Since it's a grant. It can be lost involuntarily or renounced voluntarily (see De Leon). And lost citizenship can also be gained through the process of repatriation.  Naturalization though applies to a person who seeks citizenship from a state for the first time (he / she has not lost citizenship from that state).

Do citizens rule in Philippine democracy?

Such is a complex question.  Let's take a look at the difference between Article IV and V.  Citizens are have rights, privileges and duties, and are protected by the state.  The bill of rights (Article III) grants people the freedom of speech - particularly to voice out their ideas on how government should be.  Article II places supremacy of civilian authority over military authority.  These are manifestations of indirect rule.

Direct rule is exercised by "the people" when they use their right of suffrage.  The 3 powers of government are not usually wielded by the hands of the people.  It is in the hands of the administration.  But who put the administration in office?

The people in terms of suffrage and in terms of citizenship are different.  Article V states who have the right of suffrage, and Article IV tells us who are citizens (see De Leon).  All who can exercise suffrage must be citizens, but not all citizens can exercise suffrage (1st sentence of Art V, sec. 1).  It is a right and obligation given to those who fit the requirements.

Suffrage is voting (THERE IS NO WORD CALLED VOTATION!!!), and election is a a kind of suffrage.  There are four other kinds of the exercise of suffrage: Plebiscite, Referendum, Initiative and Recall.

Plebiscite, Referendum, and Initiative apply to law making.  Here the people participate and wield the power to make laws.  In Plebiscite and Referendum, the people gain the power to approve laws.  In Initiative, the people gain the power to directly propose laws.  Recall is the reverse of election, wherein the the people may directly remove by the proper procedure a public official before the end of his / her term.

So who are "the people"?  Ask, "based on what context?"

The technicalities of citizenship and suffrage can be supplemented through De Leon.

Please raise questions through the comment box.

2 comments:

  1. Can we consider the People Power Revolution as an example of recall?

    ReplyDelete
  2. Recall is a technical procedure. People power on the other hand is informal, but it is recognized under article II sec 1- principle of Republicanism.

    ReplyDelete

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