QUIZ 4: ARTICLE XI (Accountability of Public Officials)

Write a concurring opinion and dissenting opinion for the motion.

TRANSFER THE IMPEACHMENT POWER FROM CONGRESS TO THE SUPREME COURT

Article XI, Sections 3, Paragraphs 2-4.

Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.

A. Concurring Opinion:
(5 points)

Make a case for the transformation of local governments into federal governments.

1. State the rationale (reason for being) for the impeachment power of Congress.
2. Explain why the rationale is flawed.
3. Consider the proposal to transfer the impeachment power to the Supreme Court.
Justify this proposal.

B. Dissenting Opinion:
(5 points)

Make a case for the status quo (current state of affairs).

1. State the rationale (reason for being) for the political subdivisions of the Republic of the Philippines
into local governments.
2. Explain why the rationale is correct.
3. Justify why the impeachment power should stay in Congress.

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46 Responses

  1. A. Concurring Opinion:
    Make a case for the transfer of impeachment power from Congress to the Supreme Court.
    _____________________________________________
    1. State the rationale (reason for being) for the impeachment power of Congress.
    _____________________________________________
    The President, as the head of state is entrusted with supreme powers. Upon maltreat of these powers and privileges, the Congress, is given greater power that may be used for the motion to impeach the President. Even though the Congress is inferior in power than the President, they represent the majority of the sovereign people who holds the greatest power. -For no nation persist without its people.
    _____________________________________________
    2. Explain why the rationale is flawed.
    _____________________________________________
    The Congress is made up of the House of Representatives, consisting of 250 or more representatives, and the Senate, made up of 24 senators.
    A third of the House members are required to approve the motion to impeach the President . The number of votes may or may not be in favor with the President. For there are instances in which the President is invulnerable from any impeachment complaints despite of his/her actions due to political horse trading.-For there are some fraudulent and corrupt officials.
    _____________________________________________
    3. Consider the proposal to transfer the impeachment power to the Supreme Court. Justify this proposal.
    _____________________________________________
    The Supreme Court is the highest Court in the Philippines as well as the court of last resort. It is authorized to promulgate the rules for admission to the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts. It is the final arbiter of any and all judicial issues. The Supreme Court is an impartial department of the government. It can supervise the impeachment case without any prejudice to any side. Therefore, with its practice in law, could be the most appropriate to have the impeachment power. -For it is objective and not subjective.

    B. Dissenting Opinion:
    Make a case for the status quo (current state of affairs).
    _____________________________________________
    1. State the rationale (reason for being) for the impeachment power of the Congress.
    _____________________________________________
    The President, as the head of state is entrusted with supreme powers. Upon maltreat of these powers and privileges, the Congress, is given greater power that may be used for the motion to impeach the President. Even though the Congress is inferior in power than the President, they represent the majority of the sovereign people who holds the greatest power. -For no nation persist without its people.
    _____________________________________________
    2. Explain why the rationale is correct.
    _____________________________________________
    The Congress is the representation of all the districts and sectoral of Philippines, composed of the sovereign people. The sovereign people holds greater power than the President so their decisions are to be acknowledged. As the embodiment of this power, the Congress exercises its power to impeach the President if proved to be contemptible to rule.
    _____________________________________________
    3. Justify why the impeachment power should stay in Congress.
    _____________________________________________
    The impeachment power should stay in Congress because they are elected by the sovereign people to represent them. They should be the one to decide on the removal from office of the President for as a legislative body should decide whether the President is still lawful. They will proclaim the verdict of the nation whether the President should be impeached or not.

  2. A. Concurring Opinion:
    (5 points)

    Make a case for the transformation of local governments into federal governments.

    1. State the rationale (reason for being) for the impeachment power of Congress.
    —>the congress has the power to impeach because each town,municipality, city and party list has a representative in congress. each congressman represents his district.

    2. Explain why the rationale is flawed.
    —>1 representative per district is not enough the number representing the people of a community should be higher.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.
    —> this is better because the supreme court is a body that is unbiased and it can handle cases like this with out compromising their reputation

    B. Dissenting Opinion:
    (5 points)

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) for the political subdivisions of the Republic of the Philippines
    into local governments.
    —>the congress has the power to impeach because each town,municipality, city and party list has a representative in congress. each congressman represents his district.

    2. Explain why the rationale is correct.
    —> having a representative per district makes the voices of people be heard. and it is just that the people should decide whether or not the the leader should already step down.

    3. Justify why the impeachment power should stay in Congress.
    —. it should stay in the congress because the number of people who will decide on the matter is far greater and the opinion of each district in the country will be heard if the power stays in the congress

  3. A. Concurring Opinion

    1. the rationale is the because president is the most powerful in the government, it is just right that the congress which is made up of each district, party and the whole nation be able to have the power to impeach the president.

    2. the rationale is flawed because should there be any party or district that are allied with the president, then the congress will partially be biased with its decision to impeach.

    3. it would be better for the supreme court to decide on the impeachment of the president since equality and justice defines what they do.

    B. Dissenting Opinion

    1. the rationale is the because president is the most powerful in the government, it is just right that the congress which is made up of each district, party and the whole nation be able to have the power to impeach the president.

    2. the rationale is correct because it shows that we are living a democratic country which is for the people and by the people. This allows the voices of the people be heard.

    3. the power to impeach should stay in the congress because those who are seated there are officials voted by the people, therefore making them representatives of the people. Their decision would also be like the decision of the people of the nation.

  4. A. Concurring Opinion:

    Make a case for the transformation of local governments into federal governments.
    __________________________________

    1. State the rationale (reason for being) for the impeachment power of Congress.

    Impeachement is basically a political process designed to deal with the misconduct by high public officers. The political aspect of this process stems from the fact that the participants are not ordinary citizens acting as judges but rather are elected officials who serve by virtue of their positions and not because they have been selected by the courts to serve in judgment. The power to process an impeachment case is given to the congress to ensure that all officials are abiding by their positions.

    2. Explain why the rationale is flawed.

    During impeachment, the Senate does not act as a legislative body, but as a judicial one. It therefore can directly subpoena witnesses and documents, including bank records covered by the bank secrecy law. It may choose to adjourn from time to time to reconvene to perform its legislative functions. The congress votes with a majority but this said majority is not enough to represent the people.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court. Justify this proposal.

    The Supreme Court as the highest Judicial body of the country should have power over an impeachment case. The senate is afterall not a Judicial body and should not exercise such roles.

    B. Dissenting Opinion:

    Make a case for the status quo (current state of affairs).
    __________________________________________

    1. State the rationale (reason for being) for the political subdivisions of the Republic of the Philippines
    into local governments.

    Impeachement is basically a political process designed to deal with the misconduct by high public officers. The political aspect of this process stems from the fact that the participants are not ordinary citizens acting as judges but rather are elected officials who serve by virtue of their positions and not because they have been selected by the courts to serve in judgment. The power to process an impeachment case is given to the congress to ensure that all officials are abiding by their positions.

    2. Explain why the rationale is correct.

    The rationale is correct because the impeachment case follows a series of steps that are lawful not only to the individual who filed the case but also to the accussed official. It provides enough time for a fair judgement to be provided.

    3. Justify why the impeachment power should stay in Congress.

    The impeachment case should stay in the congress for the representatives of the people are members of such congress. The people also have the right to decide on the matter, therefore the members of the congress as their representative also has an opinion in the matter. In another point it is a duty of the congress to perform such function.

  5. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    TRANSFER THE IMPEACHMENT POWER FROM CONGRESS TO THE SUPREME COURT

    A – Concurring Opinion:
    Make a case for the transfer of impeachment power from Congress to the Supreme Court.

    1 – State the rationale (reason for being) for the impeachment power of Congress.
    Impeachment is an expressed power of the Congress of the Philippines to formally charge a serving government official with an impeachable offense. After being impeached by the House of Representatives, the official is then tried in the Senate. If convicted, the official is removed from office. Impeachment followed by conviction is often the only way to forcibly remove a sitting elected official. While “impeachment” is often used to refer to the entire process of removing an official from office, it properly only refers to the indictment stage in the House, not the trial stage in the Senate.

    2 – Explain why the rationale is flawed.
    The rationale is flawed because, the representatives, nowadays, are easily man-handled by our government today. And their decisions, opinions and ideas could be controlled or influenced by the commander of the nation himself/herself, his/her honourable, the President of the Philippines.

    3 – Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.
    The Congress must do what they do best, legislate. And doing some impeachment hearing will just be another thing that keeps them by doing their job. Why not let a court, the Supreme Court in particular which is the highest court in the nation, handle such case. Since they are aware of the law and it is their job to study some cases and do something about it.

    B – Dissenting Opinion:

    1 – State the rationale (reason for being) for the impeachment power of Congress.
    Impeachment is an expressed power of the Congress of the Philippines to formally charge a serving government official with an impeachable offense. After being impeached by the House of Representatives, the official is then tried in the Senate. If convicted, the official is removed from office. Impeachment followed by conviction is often the only way to forcibly remove a sitting elected official. While “impeachment” is often used to refer to the entire process of removing an official from office, it properly only refers to the indictment stage in the House, not the trial stage in the Senate.

    2 – Explain why the rationale is correct.
    The rationale is constitutionally correct because, the people chose their representatives through the election. And through the representatives, the people of the Republic of the Philippines are now part of government activities. Even if it is impeachment hearings.

    3 – Justify why the impeachment power should stay in Congress.
    The people are the sovereign of the nation, and it is just right that they are the ones who decide what’s best for it through their Representatives. The Congress’ decisions counts as the decision of the whole nation.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

  6. A. Concurring Opinion
    Power to impeach is a power vested upon the congress. The congress, however, is not a body that is centered on trying cases, because they are a law-making body not a judicial body.
    Power to impeach should be transferred from the congress to the supreme court. It is because the supreme court is a body constructed to try cases such as these. In short, they are experts in this area. The requirement for them to be in their positions allow them to be able to judge fairly, righteously and witfully. The congress, however, does not have these kind of requirements. This makes judgments they make unreliable and biased.

    B. Dissenting Opinion
    The congress represents each district, party and the whole nation. Therefore, they represent the opinion of the Filipino people. The decision whether the nation still wants its ruler, namely the president, must be in their hands. It is only right that the power to impeach the president is vested upon them.
    Great power is vested upon the president, and this also comes with a great responsibility. Misuse of this power is not something tolerable. It is something that the Filipino people, represented by the congress , can see needless of degree. The Filipino people has the right to strip the president of these powers.

  7. A. Concurring Opinion:

    Make a case for the transfer of impeachment power from Congress to the Supreme Court.
    ==========================================

    1. State the rationale (reason for being) for the impeachment power of Congress.
    >The rationale for the impeachment power of the Congress is to balance the power of the president. The president is given much power, so the congress, made up of representatives of various districts, in case of abuse of powers of the president. The Congress is given greater power that may be used for the motion to impeach the President.

    2. Explain why the rationale is flawed.
    >The rationale is flawed because its just a third of the House members are required to approve the motion to impeach the President. Most of the members of the Congress may be in favor to the president due to the exchange benefits they get from the president. Thus, making the president invulnerable of impeachment.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.
    > The power in an impeachment case should be transferred to the Supreme Court to avoid bias issues. The Supreme Court, being a judicial body is more capable than the Congress for they hold credibility.

    B. Dissenting Opinion:

    Make a case for the status quo (current state of affairs).
    ==========================================

    1. State the rationale (reason for being) for the impeachment power of Congress.
    > The rationale for the impeachment power of the Congress is to balance the power of the president. The president is given much power, so the congress, made up of representatives of various districts, in case of abuse of powers of the president. The Congress is given greater power that may be used for the motion to impeach the President.

    2. Explain why the rationale is correct.
    >The rationale is correct because the congress as the embodiment of the sovereign people holds much power than the president himself/herself. Thus, making the voice of the people heard in case of impeachment complaints.

    3. Justify why the impeachment power should stay in Congress.
    >The impeachment power should stay in Congress for it gives people a chance to be heard. For what the Congress’ decisions is the sovereign people’s decision for they are voted and given the trust by the people.

  8. A. Concurring Opinion:

    1. The impeachment power was given to the congress because they are the representatives of the regions that constitute the Republic of the Philippines.

    2. The rationale is flawed because the impeachment should be approved by not only a portion of the congress but by the majority.

    3. The impeachment power should be given to the Supreme Court. The members of the Supreme Court have enough knowledge about the laws violated by the President. They know more about certain matters that involve the law.

    B. Dissenting Opinion:

    1. The impeachment power was given to the congress because they are the representatives of the regions that constitute the Republic of the Philippines.

    2. The rationale is correct because the members of the congress represent the voices of the people in the region where they came from.

    3. The power of the impeachment should remain in the congress and should not be transferred to the Supreme Court. This gives the people the chance to be heard.

  9. A. Concurring Opinion:
    (5 points)

    Make a case for the transformation of local governments into federal governments.

    1. State the rationale (reason for being) for the impeachment power of Congress.
    This power is given to the Congress as an assurance that the President has no complete power over the people and the country. This assures the commitment to democracy of our nation and the commitment of the Government to the people.

    2. Explain why the rationale is flawed.
    The rationale is flawed because even if the Congress is representative of the people, they can still act upon their own discretion. They can still be in favor of the president and the administration.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.
    The power to impeach should be given to the Supreme Court because they do not decide upon discretion alone. They act according to whatever evidence they have. Most of all, they have just the right training for prudent decision making.

    B. Dissenting Opinion:
    (5 points)

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) for the impeachment power of Congress.
    This power is given to the Congress as an assurance that the President has no complete power over the people and the country. This assures the commitment to democracy of our nation and the commitment of the Government to the people.

    2. Explain why the rationale is correct.
    The rationale is correct because the Congress is the voice of the people in the hierarchy of the government. They were put into power by the people because they have their trust. When they put the power to impeach into action, it’s as if the people are voicing out their opposition to the leadership of the current president.

    3. Justify why the impeachment power should stay in Congress.
    The power to impeach should be the power of the people since it is also the people who gave the President the power to lead the nation. It is only just that they have the right to take that power back and give it to someone more deserving. And there is no better representation of the people than the Congress.

  10. A.Concurring

    Impeachment is a political process made to deal with the misconducts af a high public official. The power to process an impeachment case is given to the congress to ensure that all officials are abiding by their positions. The rationale is flawed because the Senate ceases to be a legislative body and becomes a judicial one. It may choose to adjourn from time to time to reconvene to perform its legislative functions. The congress also votes with a majority but the said majority is not enough to represent the people. The Supreme Court could be a very effective body in dealing with impeachments because they have the full knowledge of the laws of our country.

    B.Dissenting

    Impeachment is a political process made to deal with the misconducts af a high public official. The power to process an impeachment case is given to the congress to ensure that all officials are abiding by their positions. It is correct because it follows a series of steps that are lawful to the individual who filed the impeachment and to the official. It gives a fair time to judge fairly. It should stay in congress because people in the congress are voted by the people to represent them. Therefore, they should work and give fair judgement on things and be not blind by power and serve honestly.

  11. Nino, Krista Marie M.

    A. Concurring Opinion (TRANSFER THE IMPEACHMENT POWER FROM CONGRESS TO THE SUPREME COURT)

    According to Article XI, Sections 3, the power to impeach is vested on the congress. Since congressmen represent each legislative district, their decision to impeach reflects that of the nation.

    The rationale is flawed. Although congressmen speak for their districts, their decisions could also be influenced by personal and political agendas. Their votes do not necessarily symbolize the voice of the public.

    The impeachment power must be transferred from the Congress to the Supreme Court. The Congress is a law-making body; they should not decide and pronounce judgments. The Supreme Court is more appropriate for this task.

    ****************
    B. Dissenting Opinion (IMPEACHMENT POWER SHOULD STAY IN CONGRESS)

    According to Article XI, Sections 3, the power to impeach is vested on the congress. Since congressmen represent each legislative district, their decision to impeach reflects that of the nation.

    The rationale is correct. Members of the Congress are elected by the sovereign people; their decision to impeach or not impeach an official must also be the decision of the people. (It is assumed that incumbent officials are elected through an honest election)

    The impeachment power should stay in Congress. As long as the members of the Congress are trustworthy and righteous, their power to impeach would not be abused.

  12. A.Concurring

    Impeachment is a process used to forcibly remove a government official from his/her office. It protects the citizens from abusive officials.

    It is flawed because congressman might choose to impeach officials because of his/her own will not because of the public’s will.

    It should be transferred. The supreme court knows better than the Congress.

    B.Dissenting

    Impeachment is a process used to forcibly remove a government official from his/her office. It protects the citizens from abusive officials.

    It is correct because it follows the Article XI, Sections 3. Therefore, it is constitutional.

    It should stay to the Congress as long as the officials in Congress won;t abuse their power.

  13. A. Concurring Opinion:

    Make a case for the transformation of local governments into federal governments.

    The rationale (reason for being) of the impeachment power of Congress is that it is included among the powers vested upon the legislative department.
    The rationale is flawed in some parts because there are cases were some of the members of the House of Representatives are allied with the administration and with that, the credibility of our representatives is at stake.
    If I were to amend this section, I will propose that given that the impeachment complaint is credible and reasonable, we should elect delegates that will process the impeachment complaint. These delegates will come from the Judicial Department and they will be the ones that will handle the whole impeachment process.

    B. Dissenting Opinion:

    Make a case for the status quo (current state of affairs).

    The rationale (reason for being) of the impeachment power of Congress is that it is included among the powers vested upon the legislative department.
    I believe that the rationale is partly correct because it follows and honors the power given to them by our constitution, as stated in Article VI.
    The impeachment should stay in Congress because “theoretically” they are our representatives and they should voice out our complaints and needs to the higher officials.

  14. A.Concurring

    Impeachment is a solution created to answer corruption in the high positions under due process. Impeachment is lived through the congress to in assurance officials are leading the way justly. The rationale’s flaws begins when the Senate turns from a legislative body into a judicial body. The body may choose to adjourn to reliquinsh its legislative functions. Though the congress votes with in an accordance with a majority, this “group” does not fit the image of the sovereign people. The Supreme Court stands to be the best mind for the process of impeachments because they possess knowledge of the constitution.

    B.Dissenting

    Impeachment is a solution created to answer corruption in the high positions under due process. Impeachment is lived through the congress to in assurance officials are leading the way justly. This is acceptable because it abides a due process of trial for the official. This must stay in congress for they are voted by the people to represent them, thus they are given the responsibility of giving unbiased and honest judgement.

  15. A. Concurring Opinion
    Power to impeach is a power vested upon the congress.
    The congress should not be involved in the power of impeachment because of self of gratitude. Allies of the president will vote no for the impeachment even the reason is to heavy. This makes judgments they make unreliable and biased.

    B. Dissenting
    the filipino nation is still the ruler. if they like the president then it shoul be on their hands.
    The sovereign people holds greater power than the President so their decisions are to be acknowledged. The filipino people has the power to impeach the president.

  16. aww! mali

  17. A. Concurring Opinion:

    1. State the rationale (reason for being) for the impeachment power of Congress.

    -This ensures that the decision to impeach is made by the majority of the people, or representatives of the people.

    2. Explain why the rationale is flawed.

    -The rationale is flawed because the congressmen may not always have the people’s best interest at heart, making for corrupt decision-making for personal gain.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.

    -I concur the proposal to transfer all power to impeach to the Supreme Court. The Supreme Court is qualified to make the judgment of whether the complaints against a government official is grounds enough to start an impeachment.

    B. Dissenting Opinion:

    1. State the rationale (reason for being) for the impeachment power of Congress.

    -This ensures that the decision to impeach is made by the majority of the people, or representatives of the people.

    2. Explain why the rationale is correct.

    -The rationale is correct because it allows the decision of impeachment to be done in due democratic process.

    3. Justify why the impeachment power should stay in Congress.

    -It should stay in Congress because Congress was made as a collective representative of all peoples in the country. If the majority of its members decide to impeach, it means the majority of the country thinks the same.

  18. A. Concurring Opinion:
    (5 points)
    Make a case for the transformation of local governments into federal governments.

    1. State the rationale (reason for being) for the impeachment power of Congress.

    The Congress made up of more than 200 representatives that was voted by the people in their own locality to represent them in the house of Congress is the main symbol of the people of the Philippines in the government body. This makes them responsible for checking abuse of powers by the executive department including the President because direct abuse of powers of the President affects the country on national level and also affects the mainly the people.
    2. Explain why the rationale is flawed.

    This provisions has flaws because by the number of votes by the representative can consider the impeachment case with substance or otherwise. Those who are in favor of the President or should we say those who are “close” with the president would have clouded judgments and not allow trial to push through even sometimes it is the other way around. Only two thirds of the legislative body would be needed as a majority vote. Well that’s democracy.
    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.

    Considering that the Supreme Court may be the one to have the impeachment power. They uphold the sense of Justice and can make good decisions because of their integrity as justices. It also helps the Congress to concentrate on making laws for the people and not concentrate on politics that are most of the times senseless.

    B. Dissenting Opinion:
    (5 points)

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) for the political subdivisions of the Republic of the Philippines into local governments.

    The Congress made up of more than 200 representatives that was voted by the people in their own locality to represent them in the house of Congress is the main symbol of the people of the Philippines in the government body. This makes them responsible for checking abuse of powers by the executive department including the President because direct abuse of powers of the President affects the country on national level and also affects the mainly the people.

    2. Explain why the rationale is correct.

    As the representative of the people in the government they must protect the interest of the citizens against any abuse including that of the President to any of his/her regarding their position and the power that comes with it. They must accordingly to see that the citizens are not being fooled by the very official they trusted.

    3. Justify why the impeachment power should stay in Congress.

    The people of the Philippines are the ones who voted the President and by law the ones who has the power to take that position and the power from him because of such abuses. The house of Congress being the representative of the people must act to see that the citizens of the Republic are still the main driving force of the government. The force to serve them and not only the officials only.

  19. A. Concurring Opinion:
    (5 points)
    Make a case for the transformation of local governments into federal governments.
    1. State the rationale (reason for being) for the impeachment power of Congress.

    The Congress made up of more than 200 representatives that was voted by the people in their own locality to represent them in the house of Congress is the main symbol of the people of the Philippines in the government body. This makes them responsible for checking abuse of powers by the executive department including the President because direct abuse of powers of the President affects the country on national level and also affects the mainly the people.
    2. Explain why the rationale is flawed.

    This provisions has flaws because by the number of votes by the representative can consider the impeachment case with substance or otherwise. Those who are in favor of the President or should we say those who are “close” with the president would have clouded judgments and not allow trial to push through even sometimes it is the other way around. Only two thirds of the legislative body would be needed as a majority vote. Well that’s democracy.
    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.

    Considering that the Supreme Court may be the one to have the impeachment power. They uphold the sense of Justice and can make good decisions because of their integrity as justices. It also helps the Congress to concentrate on making laws for the people and not concentrate on politics that are most of the times senseless.

    B. Dissenting Opinion:
    (5 points)
    Make a case for the status quo (current state of affairs).
    1. State the rationale (reason for being) for the political subdivisions of the Republic of the Philippines into local governments.
    The Congress made up of more than 200 representatives that was voted by the people in their own locality to represent them in the house of Congress is the main symbol of the people of the Philippines in the government body. This makes them responsible for checking abuse of powers by the executive department including the President because direct abuse of powers of the President affects the country on national level and also affects the mainly the people.

    2. Explain why the rationale is correct.

    As the representative of the people in the government they must protect the interest of the citizens against any abuse including that of the President to any of his/her regarding their position and the power that comes with it. They must accordingly to see that the citizens are not being fooled by the very official they trusted.

    3. Justify why the impeachment power should stay in Congress.

    The people of the Philippines are the ones who voted the President and by law the ones who has the power to take that position and the power from him because of such abuses. The house of Congress being the representative of the people must act to see that the citizens of the Republic are still the main driving force of the government. The force to serve them and not only the officials only.

  20. A. Concurring Opinion

    The House of Representatives or Congress are composed of 250 members from different sectors and districts of the country. Since the ground for impeachment is the broken trust of the public, the congress may be considered to process the impeachment, since they are the ones who will get the complaints first hand.

    The rationale is flawed because, the congress is not eligible to process such cases. Some representatives are elected with little or no experience or education, because some of them come from indigent communities and other sectors.

    It will be better to hand this power over to the supreme court, where the case may be objectively processed according to law by experienced judges. Impeachment is a serious case, it shouldn’t be handled by inexperienced representatives.

    B. Dissenting Opinion

    The House of Representatives or Congress are composed of 250 members from different sectors and districts of the country. Since the ground for impeachment is the broken trust of the public, the congress may be considered to process the impeachment, since they are the ones who will get the complaints first hand.

    The rationale is correct because the members of the congress are the representatives of the Filipino people. They know the real reason behind the impeachment, and this gives them the right to process such cases.

    The impeachment power should stay in congress because this is a democratic country. The voice of the people should be heard. And these voices may be heard through the Congress.

  21. A. Concurring Opinion

    1. The impeachment power is given to the Congress because they represent each region in the Philippines.

    2. The rationale is flawed because some members of the Congress doesn’t have educational background. Since the constitution only require “able to read and write”.

    3. The impeachment power should be given to the Supreme Court because members of the Supreme Court knows the law and could give fair judgement.

    B. Dissenting Opinion

    1. The impeachment power is given to the Congress because they represent each region in the Philippines.

    2. The rationale is correct because Philippines is a democratic country so each citizen has the right to express their views and opinions. And the Congress represents their locals’ views and opinions.

    3. The power to impeach should stay in the congress because some Supreme Court members are biased since they are wise enough to know what is better for them and not for the country.

  22. A. Concurring Opinion:
    (5 points)
    Make a case for the transformation of local governments into federal governments.
    1. State the rationale (reason for being) for the impeachment power of Congress.
    Impeachment is the first of two stages in a specific process for a legislative body to consider whether or not to forcibly remove a government official from office. The impeachment itself brings the charges against the government.
    Impeachment power of the congress balances the power of the higher rank officials. Congress is fitted for the power because mass people in all walks of life are highly represented by the congress.

    2. Explain why the rationale is flawed.
    It is flawed because as stated only 1/3 of the congress will determine a decision, it must be majority because it is a big decision to make.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.
    Transfer of the impeachment power to the Supreme Court is needed because the officials there are more aware of the laws that can be raised against the accused. They have the law-approach regarding this matter and can justify more comprehensively.
    B. Dissenting Opinion:
    (5 points)
    1. State the rationale (reason for being) for the political subdivisions of the Republic of the Philippines
    into local governments.
    Impeachment power of the congress balances the power of the higher rank officials. Congress is fitted for the power because mass people in all walks of life are highly represented by the congress.

    2. Explain why the rationale is correct.
    The rationale is correct because congress represents the Filipino people. They voice out for each and every of the citizens.

    3. Justify why the impeachment power should stay in Congress.
    It should stay in the congress because fairness can be highly secured here, and Filipinos from all walks of life are well represented.

  23. Concurring Opinion:
    (5 points)

    1. State the rationale (reason for being) for the impeachment power of Congress.

    the congress,being the collective body of Representatives of each district of each province of the Philippines and senators, knows if the President is not doing his/her job in accordance with law. it should with them (the Congress) because they should have a say on what is going on around.

    2. Explain why the rationale is flawed.

    it is flawed because the President ,for sure, has allies in the Congress may it be a close friend or come from the same political party. nonetheless, if the President has allies in the Congress specifically in the lower chamber then the impeachment complaint can be quashed at the commitee level.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.

    if the the impeachment power is to be tranferred to the SC, then it will not favor any sides.

    B. Dissenting Opinion:
    (5 points)

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) for the political subdivisions of the Republic of the Philippines
    into local governments.

    the congress,being the collective body of Representatives of each district of each province of the Philippines and senators, knows if the President is not doing his/her job in accordance with law. it should with them (the Congress) because they should have a say on what is going on around

    2. Explain why the rationale is correct.

    it is correct because because they know more about the law than anybody else.

    3. Justify why the impeachment power should stay in Congress

    it should stay in the congress becuase who knows more about the law but the law-makers themselves. if they know that the President made a major violation of the law and on the grounds for an impeachment then they should initiate it.

  24. A. Concurring Opinion:

    Impeachement is a political process designed to deal with the misconduct by high public officers. The political aspect of this process stems from the fact that the participants are not ordinary citizens acting as judges but rather are elected officials who serve by virtue of their positions and not because they have been selected by the courts to serve in judgment. The power to process an impeachment case is given to the congress to ensure that all officials are abiding by their positions.
    The rationale is flawed because the congress is not eligible to process such cases. Some representatives are elected with little or no experience or education, because some of them come from indigent communities and other sectors.
    The Supreme Court should have the power to impeach officials because it is authorized to promulgate the rules for admission to the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts. It is the final arbiter of any and all judicial issues and it can supervise the impeachment without bias. Therefore, the Supreme Court is the most appropriate body to have the impeachment power.

    B. Dissenting Opinion:

    The Congress made up of more than 200 representatives that was voted by the people in their own locality to represent them in the house of Congress is the main symbol of the people of the Philippines in the government body. This makes them responsible for checking abuse of powers by the executive department including the President because direct abuse of powers of the President affects the country on national level and also affects the mainly the people.
    As the representative of the people in the government they must protect the interest of the citizens against any abuse including that of the President to any of his/her regarding their position and the power that comes with it. They must accordingly to see that the citizens are not being fooled by the very official they trusted.
    The people of the Philippines are the ones who voted the President and by law the ones who has the power to take that position and the power from him because of such abuses. The house of Congress being the representative of the people must act to see that the citizens of the Republic are still the main driving force of the government. The force to serve them and not only the officials only.

  25. TRANSFER THE IMPEACHMENT POWER FROM CONGRESS TO THE SUPREME COURT

    A. Concurring Opinion:
    (5 points)

    Make a case for the transformation of local governments into federal governments.

    1. State the rationale (reason for being) for the impeachment power of Congress.

    Under the constitution, there is no absolute separation between the three principal organs of the government. Constitutional provisions authorize a considerable amount of encroachment or by checking of one department in the affairs of the other. The system of check and balances is also observed along with the doctrine of separation of powers to make the presidential system workable. Thus the Congress can impeach the President and the members of the Supreme Court.

    2. Explain why the rationale is flawed.

    The flaw is the vote of at least one-third of all the Members of the House is necessary to affirm the Articles of Impeachment. What if the majority of the Congress is dominated by the ruling party, then no impeachment case shall be carried to the Senate.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.

    I propose to transfer the impeachment power to the Supreme Court. With this proposal too much politicking of the ruling party will be canceled. Due to the non-partisan branch of the Judiciary, given with the broad knowledge of the constitution they know if the President is impeachable or not.

    B. Dissenting Opinion:
    (5 points)

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) for the impeachment power of congress.

    Under the constitution, there is no absolute separation between the three principal organs of the government. Constitutional provisions authorize a considerable amount of encroachment or by checking of one department in the affairs of the other. The system of check and balances is also observed along with the doctrine of separation of powers to make the presidential system workable. Thus the Congress can impeach the President and the members of the Supreme Court.

    2. Explain why the rationale is correct.

    The rationale is correct with the principle of checks and balances within the three branches of the government. The Congress as the legislative body of the government, they have full knowledge of the they have made.

    3. Justify why the impeachment power should stay in Congress.

    The impeachment power should stay in Congress to retain the check and balances of the three branches of the government.

  26. A. Concurring Opinion:
    The President being the head of state is bestowed with supreme powers. Upon abuse of these powers and privileges, the Congress is granted greater power that may be used for the motion to impeach the President. Even though the Congress is inferior in power than the President, they represent the majority of the sovereign people who holds the greatest power. The Congress is made up of the House of Representatives, consisting of 250 or more representatives, and the Senate, made up of 24 senators. One-third of the House members are required to approve the motion to impeach the President. The number of votes may or may not be in favor with the President, for there are instances in which the President is invulnerable from any impeachment complaints despite of his/her actions due to political horse trading. The Supreme Court is the highest Court in the Philippines as well as the court of last resort. It is authorized to promulgate the rules for admission to the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts. It is the final arbiter of any and all judicial issues. The Supreme Court is an impartial department of the government. It can supervise the impeachment case without any prejudice to any side. Thus, with its practice in law, could be the most appropriate to have the impeachment power.

    B. Dissenting Opinion:
    The President being the head of state is bestowed with supreme powers. Upon abuse of these powers and privileges, the Congress is granted greater power that may be used for the motion to impeach the President. Even though the Congress is inferior in power than the President, they represent the majority of the sovereign people who holds the greatest power. The Congress is the depiction of all the districts and sectors of Philippines, composed of the sovereign people. The sovereign people hold greater power than the President so their decisions are to be recognized. As the quintessence of this power, the Congress exercises its power to impeach the President if proved to be disreputable to rule. The impeachment power should stay in Congress for the reason that they are elected by the sovereign people to stand for them. They shall decide on the removal from office of the President for as a legislative body should settle on whether the President is still lawful or not. They shall declare the verdict of the nation whether the President should be impeached or not.

  27. A. Concurring Opinion:

    Impeachement is basically a political process designed to deal with the misconduct by high public officers. The political aspect of this process stems from the fact that the participants are not ordinary citizens acting as judges but rather are elected officials who serve by virtue of their positions and not because they have been selected by the courts to serve in judgment. The power to process an impeachment case is given to the congress to ensure that all officials are abiding by their positions. During impeachment, the Senate does not act as a legislative body, but as a judicial one. It therefore can directly subpoena witnesses and documents, including bank records covered by the bank secrecy law. It may choose to adjourn from time to time to reconvene to perform its legislative functions. The congress votes with a majority but this said majority is not enough to represent the people.
    The Supreme Court as the highest Judicial body of the country should have power over an impeachment case. The senate is afterall not a Judicial body and should not exercise such roles.

    B. Make a case for the status quo (current state of affairs).

    Impeachement is basically a political process designed to deal with the misconduct by high public officers. The political aspect of this process stems from the fact that the participants are not ordinary citizens acting as judges but rather are elected officials who serve by virtue of their positions and not because they have been selected by the courts to serve in judgment. The power to process an impeachment case is given to the congress to ensure that all officials are abiding by their positions. The rationale is correct because the impeachment case follows a series of steps that are lawful not only to the individual who filed the case but also to the accussed official. It provides enough time for a fair judgement to be provided. The impeachment case should stay in the congress for the representatives of the people are members of such congress. The people also have the right to decide on the matter, therefore the members of the congress as their representative also has an opinion in the matter. In another point it is a duty of the congress to perform such function.

  28. _________________________________________________________________________________

    QUIZ 4
    ERWIN R. SANTOS
    3ECEA
    _____________________________________________________________________________________A. Concurring Opinion:

    Make a case for the transformation of local governments into federal governments.
    1. State the rationale (reason for being) for the impeachment power of Congress.
    The Congress shall have the sole power to initiate all cases of impeachment. Under the 1973 Constitution which instituted a unicameral legislative body making the Congress both the initiator and trier of impeachment cases.
    2. Explain why the rationale is flawed.
    The Congress has the tendency to somehow exploit its authority to impeach righteous officials that could be threat in their political career, since they have the sole power to initiate all cases of impeachment.
    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.
    The Supreme Court being the only constitutional court and the highest court of the land, could give a more objective and a lesser subjective decision regarding impeachment cases.
    B. Dissenting Opinion:

    Make a case for the status quo (current state of affairs).
    1. State the rationale (reason for being) for the impeachment power of the Congress.
    The Congress shall have the sole power to initiate all cases of impeachment. Under the 1973 Constitution which instituted a unicameral legislative body making the Congress both the initiator and truer of impeachment cases.
    2. Explain why the rationale is correct.
    Congress is empowered to promulgate its rules on impeachment to effectively carry out the purpose to be imposed on an officer found guilty of an impeachment charge. The Congress may adopt method any method it deems desirable provided it is reasonable and gives the accused full opportunity to be heard and to present his defences.

    3. Justify why the impeachment power should stay in Congress.
    Congress should stay to protect the people from official delinquencies and also to protect the State. Congress though it has the power to initiate all cases of impeachment is still bound to abide by the constitutional requirement of due process of law supported by Article III, Section 1.
    _____________________________________________________________________________________

  29. A. Concurring Opinion:
    1. State the rationale (reason for being) for the impeachment power of Congress.
    This is because to ensure or prevent the total power of the president over the nation
    2. Explain why the rationale is flawed.
    – because the congress can still act upon their own discretion. Congressmen cannot be exempted from having any bias because they are ,after all, still human.
    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.
    the impeachment power must be in the hands of the judiciary because they hold the evidences to void the power or put the president into impeachment.
    B. Dissenting Opinion:
    1.A countermeasure is placed in the Constitution so that if the President ever abuses his power, he can be removed by impeachment by the Congress.
    2. Explain why the rationale is correct.
    It is flawed because it may biased because they can think of their own reasons or their own benefits than thinking over the people of the nation.
    3. Justify why the impeachment power should stay in Congress.
    It must stay because the congress represents the national people and therefore must stay so the ideas or disaprroval of the nation can be heard

  30. A. Concurring
    1.
    The Congress shall have the sole power to initiate all cases of impeachment. Under the 1973 Constitution which instituted a unicameral legislative body making the Congress both the initiator and trier of impeachment cases
    2.
    teh congress is not a judicial body. It primary work is to make laws, and investigate problems with the laws passed.
    3.
    Judiciary have the responsibility over impeachment beacause its role is to judge whether a person is subjected to certain crime.

    B. Dissenting
    1.
    The president is given much power, so the congress, made up of representatives of various districts, in case of abuse of powers of the president. The Congress is given greater power that may be used for the motion to impeach the President.
    2.
    the regular members of JBC is appointed by President him/herself. they can takes sides.
    3.
    impeachment should stay in the congress because the congress have representatives in each sector of the country.

  31. wth?! bakit ayaw ma-post??

  32. QUIZ 4. ARTICLE XI
    _______________________________________________

    A. Concurring Opinion:

    The Congress has the power to impeach the president. They are the legislative department, therefore, if the president abuses his/her power, they are permitted by the law to oust the current president.

    The rationale is flawed because any member of the Congress may start an impeachment complaint even if the reason is personal or in favor for only one or a few groups of people.

    The Congress is, after all, the legislative department, not the judiciary department. The Supreme Court has the supreme decision to impeach or not to impeach the president.
    _______________________________________________

    B. Dissenting Opinion:

    The Congress has the power to impeach the president. They are the legislative department, therefore, if the president abuses his/her power, they are permitted by the law to oust the current president.

    The rationale is correct because the Congress, especially the House of Representatives, represents the whole nation. They are the voice of the people.

    The impeachment power should remain in Congress because they specialize on the laws of the country. If the president is unjust and abusive, the law should decide for him/her.

  33. A. Concurring Opinion:
    1.)The President is the highest figure of authority in a country. Therefore, if he/she abuses his/her power, the only way to stop him/her is through impeachment. The power to impeach is given to the Congress in order to put a stop in the abusive rule of the President.

    2.)The rationale is flawed because some members of the Congress are allies of other public officials especially the President. They could overturn the decision in favor of the official to be impeached.

    3.)Having the supreme court handle the impeachment case is favorable to the people. The supreme court is considered a separate department with the executive and legislative. This can limit the bias within the impeachment complain.

    B. Dissenting Opinion:
    1.)Having the president holding so much power in the country, the congress serves as a stabilizer or countermeasure to the said powers thus rationalizing the impeachment powers of the congress.

    2.)The rationale is correct because it lessens the full control and power of the President. The members of the Congress are representatives of local regions, and therefore, they can voice out what their co-citizens are complaining about the President.

    3.)The power to impeach should stay to the Congress because they are the representatives of each district and the whole nation. They serve as our voice. What ever they do reflects upon the nation. People should just be careful in choosing their representative.

  34. A. Concurring Opinion:

    Power to impeach is a power vested upon the congress. The congress, however, is not a body that is centered on trying cases, because they are a law-making body not a judicial body.

    Power to impeach should be transferred from the congress to the supreme court. It is because the supreme court is a body constructed to try cases such as these. In short, they are experts in this area. The requirement for them to be in their positions allow them to be able to judge fairly, righteously and witfully. The congress, however, does not have these kind of requirements. This makes judgments they make unreliable and biased.

    B. Dissenting Opinion:

    The congress represents each district, party and the whole nation. Therefore, they represent the opinion of the Filipino people. The decision whether the nation still wants its ruler, namely the president, must be in their hands. It is only right that the power to impeach the president is vested upon them.

    Great power is vested upon the president, and this also comes with a great responsibility. Misuse of this power is not something tolerable. It is something that the Filipino people, represented by the congress , can see needless of degree. The Filipino people has the right to strip the president of these powers.

  35. A. Concurring Opinion:

    1. This power is given to he Congress as an assurance that the President has no complete power over the people. This assures the commitment to democracy of our nation.

    2. The rationale is flawed because even if the Congress is representative of the people, they can still act upon their own discretion. Congressmen cannot be exempted from having any bias because they are ,after all, still human.

    3. The power to impeach should be given to the Supreme Court because they do not decide upon discretion alone. They act according to whatever evidence they have. Most of all, they have just the right training for prudent decision making.

    B. Dissenting Opinion:

    1. This power is given to he Congress as an assurance that the President has no complete power over the people. This assures the commitment to democracy of our nation.

    2. The rationale is correct because the Congress is the voice of the people in the hierarchy of the government. They were put into power by the people because they have their trust. When they put the power to impeach into action, it’s as if the people are voicing out their opposition to the leadership of the current president.

    3. The power to impeach should be the power of the people since it is also the people who gave the President the power to lead the nation. It is only just that they have the right to take that power back and give it to someone more deserving. And there is no better representation of the people than the Congress.

  36. A. Concurring Opinion:
    Make a case for the transfer of impeachment power from Congress to the Supreme Court.

    1. State the rationale (reason for being) for the impeachment power of Congress.
    The president as the dead of the state has the highest power among those in the government. Upon the instance that He or she abuses tht power for personal gain, or in any form of crime or the like, impeachment is the coars of action. Here, the congress earns a greater power over the president, as they represent the sovereign people who holds the greatest power, as they preside processing the case.

    2. Explain why the rationale is flawed.
    The existence of corrupt senators and house representatives in our country can take effect during impeachment preceedings. A third of the total votes among the house members is required for the motion for impeachment. The possiblility that some of them could be paid to say no, or if majority of them have biases in voting is a major flaw.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court. Justify this proposal.
    As the arbitrers of law, the supreme court should handle the case. As an impartial department of the government, It should have the power to supervise, having a greater likelihood that prejudices can be set aside.

    B. Dissenting Opinion:
    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) for the impeachment power of the Congress.
    The president as the dead of the state has the highest power among those in the government. Upon the instance that He or she abuses tht power for personal gain, or in any form of crime or the like, impeachment is the coars of action. Here, the congress earns a greater power over the president, as they represent the sovereign people who holds the greatest power, as they preside processing the case.

    2. Explain why the rationale is correct.
    The members of the congress are put in in their position by the people. The people on the other hand are represented as the greatest power in the nation. As the representatives elected by the people, the congress therefor carry the task of investigating about the case.

    3. Justify why the impeachment power should stay in Congress.
    The impeachment power should stay in Congress because they are elected by the sovereign people to represent them.

  37. A. Concurring Opinion:

    Make a case for the transformation of local governments into federal governments.

    1. State the rationale (reason for being) for the impeachment power of Congress.

    Impeachement is basically a political process designed to deal with the misconduct by high public officers. The political aspect of this process stems from the fact that the participants are not ordinary citizens acting as judges but rather are elected officials who serve by virtue of their positions and not because they have been selected by the courts to serve in judgment. The power to process an impeachment case is given to the congress to ensure that all officials are abiding by their positions.

    2. Explain why the rationale is flawed.

    The rationale is flawed because some members of the Congress are allies of other public officials especially the President. They could overturn the decision in favor of the official to be impeached.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court. Justify this proposal.

    I propose to transfer the impeachment power to the Supreme Court. With this proposal too much politicking of the ruling party will be canceled. Due to the non-partisan branch of the Judiciary, given with the broad knowledge of the constitution they know if the President is impeachable or not.

    B. Dissenting Opinion:

    Make a case for the status quo (current state of affairs).

    1. State the rationale (reason for being) for the political subdivisions of the Republic of the Philippines
    into local governments.

    Under the constitution, there is no absolute separation between the three principal organs of the government. Constitutional provisions authorize a considerable amount of encroachment or by checking of one department in the affairs of the other. The system of check and balances is also observed along with the doctrine of separation of powers to make the presidential system workable. Thus the Congress can impeach the President and the members of the Supreme Court.

    2. Explain why the rationale is correct.

    The rationale is correct because the impeachment case follows a series of steps that are lawful not only to the individual who filed the case but also to the accussed official. It provides enough time for a fair judgement to be provided.

    3. Justify why the impeachment power should stay in Congress.

    The impeachment power should stay in Congress for it gives people a chance to be heard. For what the Congress’ decisions is the sovereign people’s decision for they are voted and given the trust by the people.

  38. QUIZ 4 – TRANSFER THE IMPEACHMENT POWER FROM CONGRESS TO THE SUPREME COURT.

    CONCURRING OPINION:

    The Congress was given the exclusive power to initiate all cases of impeachment. It is assumed that they are the right people to speak up in this kind of problem that will arise in our government. It is properly represented because of the House of Representatives coming from districts all over the Philippines and also the Senators.

    The rationale is flawed because the members of the Congress might be not sufficient in the knowledge of law. They might propose impeachment complaints without the prior knowledge and proper judgment. Knowing the qualifications to be a Senator or a House of Representative, it does not require a full knowledge of Law.

    The impeachment power can be transferred to the Supreme Court. In order to be a member of the Supreme Court, there are a lot of qualifications to meet. In this way, we can assure that whenever an impeachment complaint is submitted, the people behind it have the ability to judge the situation properly. Thus, efforts and time are not wasted if the filings of impeachment complaints are not sufficient.

    DISSENTING OPINION:

    The Congress was given the exclusive power to initiate all cases of impeachment. It is assumed that they are the right people to speak up in this kind of problem that will arise in our government. It is properly represented because of the House of Representatives coming from districts all over the Philippines and also the Senators.

    The rationale is correct because the Congress is made up of government officials that came from different districts all over the country and they are voted by the Filipino people. This shows the democracy of our country.

    Impeachment power should stay. As mentioned above, the Congress represents the people. The duty of the Representatives and the Senators is to bring in Congress the voice of the people all over the country.

  39. A. Concurring Opinion:

    Case for the transformation of local governments into federal governments

    1. State the rationale (reason for being) for the impeachment power of Congress.

    >>>

    Congress’ impeachment power is a means to bring erring leaders to heel. The political crisis of the early 1980’s and the 1986 revolt became inevitable with the final failure to impeach President Ferdinand Marcos; the needless travesty of President Joseph Estrada’s trial (through his Senate allies’ suppression of evidence) triggered the middle class revolt of 2001; and the 2005 political crisis and protest movement was exacerbated when the House used technicalities to dismiss an election-fraud complaint against President Gloria Macapagal-Arroyo, when its airing could have speedily settled the controversy. Conversely, the impeachment process has also been abused in the direction of excess to carry out political vendetta, as witness the attempted impeachment in 2003 of then-Chief Justice Hilario Davide, Jr. upon the alleged prodding of a powerful business magnate.

    2. Explain why the rationale is flawed.

    >>>

    A key weakness of the Philippine constitutional system is the fact that the impeachment process–which, as in the U.S., is virtually the only way to remove sitting Presidents and other high officials before the end of their terms–is carried out by what are, in fact, political organs, namely, the Senate (acting as jury) and the House of Representatives (acting as the grand jury). This would not be so problematic if removal could be done without cause, such as through a no-confidence vote, as that would be an outright admission of the political nature of the process. However, the Philippine Constitution makes removal a quasi-judicial process that may only be done for cause; and the evident inconsistency between its supposedly impartial purpose and its frankly partial process weakens the very perception of legitimacy that should attend it, as indeed it has been weakened.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.

    >>>

    I guess, the proposal is alright with me, since the Supreme Court should have justice and balance in their exertion. The studying process of whether to impeach leaders or not will be taken into serious consideration.

    **************************************************************************************************

    B. Dissenting Opinion:
    Make a case for the status quo (current state of affairs).
    1. State the rationale (reason for being) for the impeachment power of Congress.

    >>>

    Congress’ impeachment power is a means to bring erring leaders to heel. The political crisis of the early 1980’s and the 1986 revolt became inevitable with the final failure to impeach President Ferdinand Marcos; the needless travesty of President Joseph Estrada’s trial (through his Senate allies’ suppression of evidence) triggered the middle class revolt of 2001; and the 2005 political crisis and protest movement was exacerbated when the House used technicalities to dismiss an election-fraud complaint against President Gloria Macapagal-Arroyo, when its airing could have speedily settled the controversy. Conversely, the impeachment process has also been abused in the direction of excess to carry out political vendetta, as witness the attempted impeachment in 2003 of then-Chief Justice Hilario Davide, Jr. upon the alleged prodding of a powerful business magnate.

    2. Explain why the rationale is correct.

    >>>

    The impeachment of erring leaders is good in a way that people are allowed to exercise their freedom to voice out their opinions. Since the Filipino people are the ones who made the decision on who will sit in the executive positions they also has the authority to put down any corrupt and erroneous leaders.

    3. Justify why the impeachment power should stay in Congress.

    >>>

    The impeachment power should stay in the Congress, since they are the ones who are much closer to the visibility of seeing the blunders of executive people and lower positions. They are also huge in number so the decision will come from a lot of people.

  40. A. Concurring Opinion:

    1-The congress is given the power to impeach higher ranking officials, usually the president, because they represent the country. They are elected by the people to be our voice in the government.

    2-The rationale is flawed because, even though the Congress is chosen by the people, this doesn’t justify their ability to judge if a person is guilty or not. They are not trained to do this job. Also, they are elected to be authors of the law- the legislative, not the judiciary.

    3-The impeachment power should be transferred to the Supreme Court. The Supreme Court is built for this purpose – to examine a criminal case and impeachment of the president is due to a criminal case.

    B. Dissenting Opinion:

    1-The congress is given the power to impeach higher ranking officials, usually the president, because they represent the country. They are elected by the people to be our voice in the government.

    2-The people elected the Congress as well as the president. If the people wish to impeach the president, the Congress does the trial, for the people chose them to be their voice in the government.

    3-Impeachment power should stay in Congress for the members of Congress are most likely the ones who know the president’s faults because they are the ones paying attention. They are familiar with what the president should be doing or not. With this knowledge, they can decide if the president is at fault or not.

  41. A. Concurring Opinion:
    (5 points)
    1. State the rationale (reason for being) for the impeachment power of Congress.
    “Impeachment is ultimate legislative check on Executive Power.”

    2. Explain why the rationale is flawed.
    Executive- relating to the execution of the law.
    Legislative -relating to the laws
    Judicial – relating to judgment
    Since it can’t be denied that impeachment involves judgment, the judicial department has more claims over that field.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.
    It can be said that the Judiciary is more adept in cases involving judgment. That is assumed simply because, it’s their territory. In which case, wouldn’t the department be more efficient in handling such cases? Also, since both the members of the Congress and the President are elected officials, wouldn’t it affect the way they handle the case since it involves their political standings?
    B. Dissenting Opinion:
    (5 points)
    Make a case for the status quo (current state of affairs).
    1. State the rationale (reason for being) for the impeachment power of Congress.
    “Impeachment is ultimate legislative check on Executive Power.”

    2. Explain why the rationale is correct.
    Impeachment is an undertaking that has been entrusted to the legislative department. This is a part of check and balance – to keep the three departments from being too powerful on their own.

    3. Justify why the impeachment power should stay in Congress.
    The impeachment power should stay in Congress because they are directly chosen by the people as representatives. And as legislators, they too know something about the law. They’re not totally lacking in good judgment.

  42. A.Concurring

    Impeachment is a solution created to answer corruption in the high positions under due process. Impeachment is lived through the congress to in assurance officials are leading the way justly. The rationale’s flaws begins when the Senate turns from a legislative body into a judicial body. The body may choose to adjourn to reliquinsh its legislative functions. Though the congress votes with in an accordance with a majority, this “group” does not fit the image of the sovereign people. The Supreme Court stands to be the best mind for the process of impeachments because they possess knowledge of the constitution.

    B.Dissenting

    Impeachment is a solution created to answer corruption in the high positions under due process. Impeachment is lived through the congress to in assurance officials are leading the way justly. This is acceptable because it abides a due process of trial for the official. This must stay in congress for they are voted by the people to represent them, thus they are given the responsibility of giving unbiased and honest judgement.

  43. may local govt pa rin sa tanong. XD

  44. 3ECEA
    PGC – – Quiz 4

    TRANSFER the impeachment power from CONGRESS to the SUPREME COURT

    A. Concurring Opinion

    Article XI, Sec 3(8) empowers Congress to promulgate its rules on impeachment to effectively carry out the purpose of the provisions on impeachment. The Congress is composed of the House of Representatives, consisting of 250 or more representatives, and the Senate, made up of 24 senators. It is flawed because some of the members of the Congress are of the same party with the President. They have the tendency to be in favor of the President under impeachment. And, “if they have the number”, they could win out the case. The Supreme Court has the better grasp of our laws and has the greater background when dealing with case procedures such as the impeachment. They have long years of practice to be able to analyze properly the case at hand. So, it may be better that the Supreme Court handle the impeachment power instead of the Congress.

    B. Dissenting Opinion

    Article XI, Sec 3(8) empowers Congress to promulgate its rules on impeachment to effectively carry out the purpose of the provisions on impeachment. The impeachment power upon the hands of the Congress is just acceptable. The Congress being the next most powerful department in the country next to the Executive Department should have the ability to put down a leader that fails to do his/her duties rightfully. The impeachment power should stay in Congress because it represents even the smallest group in the country. It is more closer to the people when it comes to hearing their concerns and addressing their needs.

  45. a.Concurring Opinion
    1.State the rationale (reason for being) for the impeachment power of Congress.
    The Constitution granted the Congress the impeachment power because it is composed of representatives of each region, which may also stand as the voice of each region.
    2.Explain why the rationale is flawed.
    The Congress is a legislative body, and should not interfere with the executive body.
    3.Consider the proposal to transfer the impeachment power to the Supreme Court. Justify this proposal.
    The Supreme Court handles the impeachment cases therefore transferring the impeachment power to the Supreme Court will lessen the burden on the Congress giving them adequate time to do what they are ought to.
    b.Dissenting Opinion
    1. State the rationale (reason for being) for the impeachment power of Congress.
    The Constitution granted the Congress the impeachment power because it is composed of representatives of each region, which may also stand as the voice of each region.
    2.Explain why the rationale is correct.
    The rationale is correct because they have the capacity of hearing their subordinates voices and complaints.
    3.Justify why the impeachment power should stay in Congress.
    The impeachment power should stay in Congress because after all, they are still the ones representing their respective regions’ decisions.

  46. QUIZ 4: ARTICLE XI (Accountability of Public Officials)
    A. Concurring Opinion:
    (5 points)

    1. State the rationale (reason for being) for the impeachment power of Congress.

    The members of the congress are called representatives because they representation of each district in our country. Being so, they act as a voice of the people which is the sole reason why the impeachment power is vested upon the congress.

    2. Explain why the rationale is flawed.

    House of representatives where the impeachment cases start is divided in to a majority block and a minority block. WHen somebody files a impeachment complaint this case is always subjected into their world of politics. As we all know, the main reason why the impeachment of GMA never pushes thru is because her party is a member of the majority block so it is only natural for them to cover of her.

    3. Consider the proposal to transfer the impeachment power to the Supreme Court.
    Justify this proposal.

    The power should be transfered to the supreme court since they are the experts in this field of trial and compared to the congress they are more independent, unbias and credible.

    B. Dissenting Opinion:
    (5 points)

    1. State the rationale (reason for being) for the impeachment power of Congress
    The members of the congress are called representatives because they representation of each district in our country. Being so, they act as a voice of the people which is the sole reason why the impeachment power is vested upon the congress.

    2.Explain why the rationale is correct

    The highest position that can be impeached is the president’s, a person elected by millions of filipino citizens. So if there comes a time the president must be removed from office the process should be somewhat similar to the election. This is why the impeachment power is given to the congress who are the representatives of the people.

    3.Justify why the impeachment power should stay in Congress.

    AS the people’s representatives it is imperative that their actions be for the best interes of their constituents. Therefore there s nothing wrong with the impeachment power staying in congress.

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