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De La Salle University-Dasmariñas
College of Business Administration
In Partial Fulfillment of the Requirements
In Philippine Constitution and New Government
(SOSC106)
The Constitutional Provision of Article VII Section 5 and its Relation to the
May 2010 Election Presidential Candidate Benigno “Noynoy” Aquino III
Submitted By:Matienzo, Judith D.
MKA22
Submitted To:Mr. Segundo E. Sim
May 2010
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TABLE OF CONTENTS
PageTitle Page ……………………………………………………………………………… i
Chapter I – The Problem and its Background
Introduction Statement of the ProblemStatement of the Hypothesis
Chapter II – Review of Related Literature
Local Studies
Chapter III – Research Design
Research Method UsedTime and Place of StudySampling ProceduresCollection of Data
Chapter IV – Presentation, Analysis, and Interpretation of Data
Chapter V – Summary, Conclusion, Recommendation and Action
Appendix
Reference List
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CHAPTER I
THE PROBLEM AND ITS BACKGROUND
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
would be strictly observed by the future administration.
With the existing ideas of the researcher, this study hopes to either strengthen or nullify
prevailing assumptions and principles on the subject.
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Statement of the Problem
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.
Statement of the Sub-Problem
a. What does the Constitutional Provision of Article VII Section 5 state?
b. Who is Benigno “Noynoy” Aquino III?
c. How does the Constitutional Provision of Article VII Section 5 affect the May 2010
Election Presidential Candidate Benigno “Noynoy” Aquino III?
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.
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CHAPTER II
REVIEW OF RELATED LITERATURE
The 1935 Constitution: Executive Powers (Encarnacion-Tadem and Morada, 2006)
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
“awesome responsibility”. It would be quite dangerous if left in the hands of unscrupulous
politicians, as in the case of Ferdinand Marcos, but a powerful instrument if used by dedicated
presidents for the interests of the people.
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:
1. Power to Appoint. With the consent of the Commission on Appointments, the
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
Congress may by law authorize the president.
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
Constitution, and the rendering of justice and service to nation.
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3. Budgetary Power. The president submits the budget of receipts and expenditures in
the opening of each regular Congress session, as basis for general appropriation bill
(Art. VI Sec. 19[11]).
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
suppress lawless violence, invasion, insurrection, rebellion.
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
declare Philippines or part thereof under martial law.
6. Power to grant reprieves. The president has the power to grant reprieves,
commutations, pardons; remit fines and forfeitures after conviction, for all offenses
except cases of impeachment, subject to conditions, restrictions and limitations of
deemed proper to impose; power to grant amnesty with the concurrence of Congress.
7. Treaty-making power. The president wi6th concurrence of two-thirds of all members
of the Senate can enter into treaties; and has the power to receive ambassadors and
other public ministers duly accredited to the government of the Philippines.
8. Taxation power. As authorized by the Congress, subject to limitations and restrictions
as it may impose, the president can fix, within the specified limits, tariff rates, import
or export quotas, and tonnage and wharfage dues.
9. Veto power. With respect to Congress, the president can exercise veto on particular
item or items of an appropriation bill.
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The president’s use of executive powers stipulated in the 1935 Constitution on the period
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
Power Revolution, now referred to as EDSA 1.
The Philippine republic: Independence and Executive Leadership (Encarnacion-
Tadem and Morada, 2006)
The challenge: Democracy and Development
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.
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The Presidents
Manuel A. Roxas (1946-1948)
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.
Elpidio R. Quirino (1948-1953)
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.
Ramon Magsaysay (1953-1957)
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
they have concerns and issues regarding them.
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Carlos P. Garcia (1957-1961)
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.
Diosdado P. Macapagal (1961-1965)
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.
Ferdinand E. Marcos (1965-1972)
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.
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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
Benigno “Noynoy” Aquino III.
Time and Place of Study
This study was conducted at the De La Salle University-Dasmariñas from April 2010 to
May 2010.
Sampling Procedures
A total of 35 respondents from De La Salle University-Dasmariñas were determined
using the random sampling. The names of the respondents were randomly selected using the
fishbowl technique.
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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”
President of the Republic of the Philippines.
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CHAPTER IV
PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA
1. What does the Constitutional Provision of Article VII Section 5 state?
The 1987 Constitutional Provision of Article VII Section 5 states that:
Before they enter on the execution of their
office, the President, the Vice-President, or the
Acting President shall take the following oath or
affirmation:
“I do solemnly swear (or affirm) that I will
faithfully and conscientiously fulfill my duties as
President (or Vice-President or Acting President) of
the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every
man, and consecrate myself to the service of the
Nation. So help me God.” (In case of affirmation,
last sentence will be omitted.)
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.
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Instead of saying “I solemnly swear”, he declares “I solemnly affirm”. In such case, he omits the
last sentence: “So help me God.” (De Leon, 1994)
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
taking the prescribed oath or affirmation. (De Leon, 1994)
2. Who is Benigno “Noynoy” Aquino III?
Benigno Simeon “Noynoy” Cojuangco Aquino III (born February 8,
1960) is a Senator of the Philippines and a candidate for President of
the Philippines in the 2010 election, intending to represent the Liberal
Party. He is the only son of former President Corazon Aquino and
Senator Benigno Aquino, Jr. He is also the brother of TV host and
actress Kris Aquino.
A graduate of Ateneo de Manila University, he was seriously
wounded by rebel soldiers in a failed coup attempt during his mother’s
presidency. In 1998, he was elected to the House of Representatives
as Representative of the 2nd district of Tarlac province in the 11th
Congress of the Philippines; he was reelected twice, eventually
becoming Deputy Speaker. In 2007, he was elected to the Senate of
the 14th Congress of the Philippines.
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In the Liberal Party, Aquino has held various positions such as
Secretary General and Vice President for Luzon. He is currently the LP
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
retreat that he would run as a candidate for Presidency at the 2010
elections.
A group of lawyers and activists formed the NAPM — the Noynoy
for President Movement — and a nationwide campaign led by the son
of the late influential businessman Chino Roces began to collect a
million signatures in order to persuade Aquino to run for President. In
the last weekend of August, Senator Aquino and his fellow partymate
in the Liberal Party, Senator Mar Roxas and an unnamed presidential
aspirant commenced days of talks to decide what to do for next year’s
elections.
On September 1, 2009, in a press conference at the Club Filipino
in Greenhills, San Juan City, Senator Roxas, a leading candidate for the
Liberal Party nomination announced his withdrawal in the presidential
race and expressed his support for Aquino’s candidacy. Sen. Aquino
later stood side by side Sen. Roxas, but did not make a public
statement on the said press conference.
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On September 9, 2009, 40 days after the death of his mother,
Aquino officially announced his bid for the Presidency in a press
conference at the Club Filipino in Greenhills, San Juan City, which also
served as the site of his mother’s Presidential Inauguration in 1986.
3. How does the Constitutional Provision of Article VII Section 5 affect the May 2010
Election Presidential Candidate Benigno “Noynoy” Aquino III?
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
his duties as “incoming” president of the Philippines as stated in the oath/affirmation
made on the inauguration of every newly-elected president. To establish clear results
from the survey and for better analysis, below are tabulations prepared from the
respondents’ individual answers.
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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:
Choices No. of Respondents Total No. of Respondents
Percentage
Shall fulfill his duties as a president of the Philippines
15 35 43%
Shall preserve and defend its constitution
20 35 57%
Shall execute its laws 30 35 86%
Shall do justice to every man 25 35 71%
Shall consecrate himself to the service of the Nation
25 35 71%
Believes in God 20 35 57%
Cannot perform any of the duties as a president of the Philippines
0 35 0
Furthermore, I _________________ that he would take the presidential oath/affirmation for
granted.
Choices No. of Respondents Percentage Rank
Believe 25 71% 1
Do not believe 10 29% 2
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CHAPTER V
SUMMARY, CONCLUSION, RECOMMENDATION AND ACTION
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APPENDIX
The Constitutional Provision of Article VII Section 5 and its Relation to the
May 2010 Election Presidential Candidates
Name (optional): ________________
CYS: __________
Please check (√) the answers most applicable to you on the spaces provided. Please share your frank, honest, and sincere answer.
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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
__shall preserve and defend its constitution
__shall execute its laws
__shall do justice to every man
__shall consecrate him/herself to the service of the nation
__believes in God
__cannot perform any of the duties as a president of the Philippines
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
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HALALAN 2010. (2010). Noynoy Aquino Biography. Retrieved from http://www.eleksyon.co.cc/benigno-simeon-noynoy-cojuangco-aquino-iii/
THAROOR, ISHAAN. (2010, April). The Next Aquino: Can Noynoy Save The Philippines?
Retrieved May 19, 2010 from
http://www.time.com/time/magazine/article/0,9171,1982219,00.html#ixzz0oNgdcDpx