Ma. Crisel Inocando JLSR
Ma. Crisel Inocando JLSR
Ma. Crisel Inocando JLSR
INTRODUCTION
The progress of a country is largely dependent on the capacity of its leaders to make effective
legislation which could help boost trade, increase competitiveness of local companies and lift
the economic condition of the country in general. Policy competency is an important
ingredient for success for every country. An adequate degree of policy competency is
necessary to understand what might result from the policymaking process that could affect a
fundamental interest to the public and to effectually participate in the policymaking process.
Qualification standards primarily refers to knowledge, skills, abilities, characteristics and other
competency requirements necessary to uphold the morals and ideals of organizations or units
of governance. In the present situation in the Philippines, provided in Section 6, Article VI of
the 1987 Constitution is that: No person shall be a Member of the House of Representatives
unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and, a registered voter in the district in which
he shall be elected, and a resident thereof for a period of not less than one year immediately
preceding the day of the electioni. Under the 15th Congress (2010-2013)ii, the primary duty of
Members of the House of Representatives is to legislate. In order to fulfil this duty, Members
shall: (a) prepare, introduce and work for the passage of legislative measures to effectively
address social, political and economic needs and concerns; (b) attend plenary sessions and
meetings of committees of which they are members or where their proposed legislative
measures are under consideration; (c) participate actively in deliberations on legislative
measures; (d) articulate faithfully the demands and interests of their constituencies as well as
those of other sectors that are affected by proposed legislative measures or by conditions, issues
and concerns requiring legislative action; (e) secure, through every lawful means possible, any
and all data and information relevant and necessary for the determination and formulation of
appropriate legislative actions and measures on public issues and concerns; (f) make
information pertaining to the performance of their legislative and constituent functions and
duties available to the public; and (g) perform such other functions and activities as may be
lawful and necessary to ensure the swift passage of legislative measures needed to effectively
address social, political and economic needs and promote national development, as well as the
efficient and timely conduct of legislative oversight.
For so many years, the dysfunctional policy makers of the Philippines have been a major cause
of economic slowdown. The shrinkage of knowledge and intellectual capacity of our
legislatures has caused the sluggish passing of policies and bills in the upper and lower houses.
The lack of stipulation on academic and competency requirements for Senators and the House
of Representatives in the Philippine Constitution aggravated this issue; many of the legislatures
now are not competency-wise qualified to perform their functions.
In view of the foregoing, this research intends to influence a reshape in the qualification
standards in the Congress specifically of the House of Representatives in addition to the
existing stipulation instituted in the Philippine Constitution. The study will establish at the start
a matching between job description and job specification of the House of Representatives.
Where the general legislative power of the House of Representatives consists of the enactment
of laws intended as a rule of conduct to govern the relation between individuals (i.e., civil laws,
commercial laws, etc.) or between individuals and the state (i.e., criminal law, political law,
etc.). Evidently, with this nature of responsibility, the House of Representatives to carry out its
function effectively primary aim of this research is to make the legal system of this country
resilient and highly professionalized specifically in the house of congress. Furthermore, the
scope of the study also includes establishing succession plan proposal, the proposal will guide
in instituting training and development of the identified highly potential aspiring lawmakers.
The researcher perceived that the succession plan part will stimulate equilibrium between the
defined qualification standards and the country’s democratic governance.
The best-known historical research conducted is a series of studies begun in 1934 by the
German sociologist Max Weber, his theory about “Law and Rise of Capitalism” was
reconstructed by David M. Trubek in 1972. Max Weber offered the theory that religion was a
major cause of social behavior and, in particular, of economic capitalism. A more recent study
is that of Robert N. Bellah, who examined historical documents pertaining to Japanese religion
during the late 1800s and early 1900s. He concluded that several emergent religious beliefs,
including the desirability of hard work and the acceptance of being a businessman, heretofore
a low status role, were instrumental in setting the stage for the growth of capitalism in Japan.
These conclusions paralleled those of Weber’s earlier studies of Calvinism in Europe. Weber
also concluded that capitalism failed to develop in the early societies of China, Israel, and India
because none of their religious doctrines supported the essential capitalist idea of accumulation
and reinvestment of wealth as a sign of worthiness.
Max Weberiii dedicated much of his energy to explaining why industrial capitalism arose in the
West. While he recognized that this was an historical issue, Weber did not limit himself to
historical methods. Rather, he attempted to construct a sociological framework which could
guide historical research. This framework identified the main analytic dimensions of society
and the concrete structures that correspond to them. Weber focused on polity, social structure,
economy, religion, and law, and the political, social, economic, religious, and legal structures
of given societies. He felt that these dimensions, with their associated structures, must be
separated and investigated so that their interrelationships in history can best be understood.
Using these methods, he argued, particular events in history that can be explained. The "event"
he sought to explain was the fact that the modern system of industrial (or "bourgeois")
capitalism emerged in Europe but not in other parts of the world. Law, he felt, had played a
part in this story. European law had unique features which made it more conducive to
capitalism than were the legal systems of other civilizations. To demonstrate and explain the
significance of these features for economic development, Weber included the sociology of law
within his general sociological theory. Thus the monumental treatise Economy and Society,
which sets forth a comprehensive analysis of his sociological thought, includes a detailed
discussion of the types of law, a theory of the relationship between law and the rise of industrial
capitalism, and comparative sociological studies which attempt to verify his theory. Weber's
decision to include law within a general sociological theory can be explained not only by his
personal background as lawyer and legal historian, but also by the methods he employed to
trace the rise of the distinctive form of economic activity and organization he called bourgeois
capitalism. Weber was concerned with explaining the rise of capitalism in the West. This meant
he had to discover why capitalism arose in Europe and not in other parts of the world. The way
to do this, he thought, was to focus on those aspects of European society which were unique,
and which, therefore, might explain why capitalism developed there. This technique is clearly
seen in his sociology of law and sociology of religion. The latter examines the relationship
between unique features in Western religious life and "the spirit of capitalism," while the
former identifies unique features of Western legal systems which were especially conducive to
capitalist activity. While Weber believed that Western law had particular features which helped
explain why capitalism first arose in Europe, he did not think that the West alone had "law."
Weber had a broad concept of law that embraced a wide range of phenomena in very different-
societies. Nevertheless, he drew sharp distinctions between the legal systems of different
societies. Most organized societies have law," but the European legal system differs
significantly from others. He developed typologies that permitted him to distinguish European
law from the legal order of other civilizations, and then conducted historical studies designed
to show the origins of the unique features of European law. At the same time, through parallel
theoretical analysis, Weber found it possible to show how a certain type of legal system fitted
the needs of capitalism. Finally, he returned to history in order to demonstrate that, of all the
great civilizations-Europe, India, Islam, China-only Europe developed this particular type of
law. Since, at the same time, capitalism arose first in Europe, this analysis suggested very
strongly that European law played an important role in the emergence of the capitalist
economic system.
Weber stressed his belief that the unique legal aspects of European society were not the mere
result or reflex of economic phenomena. He explicitly and repeatedly denied that the special
features of European legal systems were caused by capitalism itself. Rejecting the Marxian
deterministic theory which held that legal phenomena were caused by underlying economic
forces, he demonstrated that what was unique in the European legal systems had to be explained
by such noneconomic factors as the internal needs of the legal profession, and the necessities
of political organization. Economic factors specifically, the economic needs of the bourgeois
classes were important but not determinative in shaping the particular legal institutions of
Europe. These institutions differed from those of other civilizations in their formal and
structural qualities or as Weber somewhat misleadingly put it, in their degree of "rationality."
The uniqueness of European law and the affinities between this system and capitalism lay not
so much in the content of substantive provisions as in the forms of legal organization and the
resulting formal characteristics of the legal process. Weber's contrasts between the legal
systems of Europe and such civilizations as China did not focus on the presence or absence of
specific rules of law, although these were not ignored. Rather he was concerned with such
questions as whether legal organization is differentiated or is fused with political administration
and religion, whether law is seen as a body of man-made rules or as a received corpus of
unvarying tradition, whether legal decisions are determined by prior general rules or are made
on an ad hoc basis, and whether rules are applied universally to all members of a polity or if
specialized law exists for different groups. The European legal system was distinct in all these
dimensions.
Unlike the legal systems of other great civilizations, European legal organization was highly
differentiated. The European state separated law from other aspects of political activity.
Specialized professional or "status" groups of lawyers existed. Legal rules were consciously
fashioned and rulemaking was relatively free of direct interference from religious influences
and from other sources of traditional values. Concrete decisions were based on the application
of universal rules, and decision making was not subject to constant political intervention.
Thus, Weber believed that European law was more "rational" than the legal systems of other
civilizations, that is, it was more highly differentiated (or autonomous), consciously
constructed, general, and universal. But he also attempted to show that no other civilization
had been capable of developing this type of legal order. European law was the result of the
interaction of many forces. Its ultimate form was shaped not only by very distinct features in
Western legal history especially the Roman law tradition and aspects of medieval legal
organization it was also molded by general and often distinct trends in the religious, economic,
and political life of the West. The other civilizations he studied lacked this special legal
heritage, and failed to develop the religious ideas, political structures, and economic interests
which facilitated the growth of rational law in Europe. The failure of other civilizations to
develop rational law helped explain why only in Europe such modern, industrial capitalism
could arise. Weber believed that this type of capitalism required a legal order with a relatively
high degree of "rationality." Since such a system was unique to the West, the comparative study
of legal systems helped answer Weber's basic question about the causes of the rise of capitalism
in Europe.
Specifically, this study recognized the fact that policy in the country starts at the top, and its
implementation channel is top-down, however, with regards to the impact of policy
implementation and its compliance, the assessment should start at the bottom, and, such that,
the result of the assessment will serve as guide in in the amendment and modification of laws.
This study believes that a mix of two or more theories on implementation or hybrid theory will
cause an effective public policy implementation, wherein, the implementation will most
probably encompass all problems and failures and will impact smooth sailing implementation
and compliance to all not just the governing body but to the implementing body and public as
well.
Teorell, R. (2008)iv, states that the recent growth in research on “good governance” and the
quality of government institutions has been propelled by empirical findings that show that such
institutions may hold the key to understanding economic growth and social welfare in
developing and transition countries. There was an argument, however, that a key issue has not
been addressed, namely, what quality of government (QoG) actually means at the conceptual
level. Based on analyses of political theory, we propose a more coherent and specific definition
of QoG: the impartiality of institutions that exercise government authority. We relate the idea
of impartiality to a series of criticisms stemming from the fields of public administration, public
choice, multiculturalism, and feminism. To place the theory of impartiality in a larger context,
we then contrast its scope and meaning with that of a threefold set of questions as whether legal
organization is differentiated or is fused with political administration and religion, whether law
is seen as a body of man-made rules or as a received corpus of unvarying tradition, whether
legal decisions are determined by prior general rules or are made on an ad hoc basis, and
whether rules are applied universally to all members of a polity or if specialized law exists for
different groups. The European legal system was distinct in all these dimensions.
According to O’toole, L. (2004)v, applying implementation theory to practice has been rare.
Reasons include the difficulty of the theoretical challenge, the varied needs of practitioners and
the complicating normative issues at stake. Nonetheless, several approaches can contribute to
the efficacy of implementation action. Building on points of theoretical consensus is one
strategy. A second is the systematic probing of points in theoretical dispute, to sketch out
practical implications. A third is the development of a contingency perspective to determine
which theoretical strands may be appropriate in a given case. Finally, tapping the emerging
ideas built on a synthesis of partial perspectives is ultimately likely to be the most useful
approach. New methodological tools can help select out valid high‐performing instances for
systematic inspection and possible emulation. And some of the synthetic perspectives now
available are amenable to heuristic application; these include approaches based upon reversible
logic, game‐theoretic notions and contextual interaction theory.
DeGroff A. and Cargo, M. (2009)vi, states that policy implementation reflects a complex
change process where government decisions are transformed into programs, procedures,
regulations, or practices aimed at social betterment. Three factors affecting contemporary
implementation processes are explored: networked governance, socio-political context and the
democratic turn, and new public management. This frame of reference invites evaluators to
consider challenges present when evaluating macro-level change processes, such as the
inherent complexity of health and social problems, multiple actors with variable degrees of
power and influence, and a political environment that emphasizes accountability. The evaluator
requires a deep and cogent understanding of the health or social issues involved; strong analysis
and facilitation skills to deal with a multiplicity of values, interests, and agendas; and a
comprehensive toolbox of evaluation approaches and methods, including network analysis to
assess and track the interconnectedness of key champions (and saboteurs) who might affect
intervention effects and sustainability.
LEGAL BASES
Explicitly stated in the 15th Congressviii is that: The Members of the House of Representatives
of the Republic of the Philippines, in order to fulfil their constitutional duty to make laws that
effectively respond to the needs of the people and fulfil their aspirations for a just and humane
society where every Filipino can enjoy the blessings of freedom and democracy under a
Government strengthened by the rule of law, social justice and people empowerment, shall
hereby promulgate and pledge faithful obedience to the Rules. Further, they shall uphold public
office as a public trust, the House of Representatives and every Member thereof are accountable
to the people at all times. They shall perform their legislative mandates with utmost
competence, efficiency, effectiveness, integrity and fidelity to the people’s welfare. Efficient
and effective access to and dissemination of appropriate and accurate information are
imperative in lawmaking. The development of institutional capabilities to harness technology
to improve the legislative process and to inform the public of legislative concerns shall be
pursued vigorously2. The harnessing and development of a competent and efficient corps of
professionals able to provide necessary legislative support services is a paramount concern.
Programs for the recruitment, training and development of qualified professionals and the
establishment of appropriate organizational systems to best utilize their talents and skills to
enhance institutional legislative performance shall be undertaken2.
Provided in Section 2 of Republic Act 9485ix is that: It is hereby declared the policy of the state
to promote integrity, proper management of public affairs and public property as well as to
establish effective practices aimed at the prevention of graft and corruption in government.
Towards this end, the State shall maintain honesty and responsibility among its public officials
and employees, and shall take appropriate measures to promote transparency in each agency
with regard to the manner of transacting with the public, which shall encompass a program for
the adoption of simplified procedures that will reduce red tape and expedite transactions in
government8.
Practical Skills:
Succession Plan in view of this research refers to the process of identifying highly potential
aspiring policy-makers, and providing them with training and development. Succession Plan is
described in details in Figure I below.
Identifying Competencies
Needed
ANALYSIS
According to International Monetary Fund Statistics (2016), the economy of the Philippines is
the 40th largest in the world, and the country is also regarded as one of the world’s emerging
markets having a GDP growth of 7.8%. The Philippines is also considered as a newly
industrialized country, shifting its focus from one based in agriculture to services and
manufacturing. Goldman Sachs estimates that by the year 2050, the Philippines will be the 14th
largest economy in the world. Goldman Sachs listed the country in the list of the Next Eleven
Economies. Further HSBC, in its forecast stated that the Philippines will become the 16th
largest economy in the world, 5th largest economy in Asia, and the largest economy in the
Southeast Asian region by 2050x.
Despite the good statistics provided by analysts regarding the Philippine economy, Philippines
is still combating economic issues. The inflation rate had reached the lowest level in 2012, old
problems still exist, and corruption and rasping infrastructure are continuously hurting the
nation’s security and stability. Looking at the present state, the government’s strength is simply
linked to rigid economic management, which includes cutting government spending and
focusing efforts in improving revenue through rigorous tax collection.
At present, the Philippines is no exemption of the anguish experience by many countries around
the world caused by the COVID-19 pandemic. At the peak point of this emergency crisis, the
government’s economic response was to cover the needs of the extreme medical measurers
which could last three months. Congress enacted in a special session additional powers to
enable the President to confront the new crisis. This is Republic Act 11469 known as
“Bayanihan to Heal as One Act.” The law gives the President the power to reallocate and to
reprogram P275 billion (or 62 percent) of the previously approved P438 billion budgets for
2020.Generally, this is to enable the government to cope up with the budgetary requirements
of providing a comprehensive social protection network for the citizenry and to toughen the
fight against the COVID-19 pandemic. The efforts taken will grant subsidies to those deprived
of income resulting from loss of work due to the lockdown measures of government. The
money is intended to replace the wages they would have earned in employment. It also includes
some supplements for the targeted Pantawid program to help very poor families due to the
COVID-19 crisis. In short, the subsidy is like “helicopter money” to help those who have lost
purchasing power arising from the lockdown measures. If implemented quickly and in a timely
manner for those in need, the measure would make up for lost demand (or purchasing power)
in the economy. In addition, the law would allow the government to temporarily take over or
direct the operations of public utilities and privately owned health facilities, including the
distribution and storage of medical relief during the public emergency. The inevitable impact
of the lockdown measures was to create dislocation of the economy. Much more than
amelioration of the economic conditions, is the need to protect the economy to restore
economic activity and to resume growth. Demand needs to be restored and the sinews of the
economy have to flex somehow. With many developing countries facing the prospects of a
deep recession, the Philippines could further turn to institutions that will assist in weathering
the storm. The government could take advantage of the facilities that multilateral global
institutions are offering to mitigate the impact of COVID-19 and help restore economic growth.
The IMF and the World Bank, and other development banks are improvising programs to help
those severely affected by the pandemic. Government economic managers are studying how,
with the assistance of these institutions, the path toward growth might be helped. The
government has to adopt important fiscal and monetary policies to help restore the path of
growth. Finance Secretary Carlos Dominguez is studying the preparation of such programs to
improve the economy’s recovery. Much more needs to be known, he says, on the nature of
economic support from the assistance programs. The COVID-19 pandemic, however, has
changed the outlook for many economies. For the Philippines, the threat would likely be
centered on a failing Balance of Payments position that has to be bolstered up. Or a relief must
be provided while the escalation of government spending and the fall of revenues which had
weakened the fiscal position of the government. In such cases, support from the external
institutions would be justified. Such support would also aid to bounce back the economy of the
country. Such programs would make it possible to continue the Build Build Build programs of
infrastructure expenditure. These major projects could be finished more quickly if the
government had much more support from multilateral lending institutionsxi.
Filipinos have witnessed the pandemic-unpreparedness this country has portrayed throughout
this present emergency crisis. The fact that the country needs to promulgate laws to counter the
impact of this crisis from time to time is a concrete proof of its lack of legislations to effectively
manage the pandemic. The ineffectiveness of the policy-makers especially the House of
Representatives in the enactment of laws before the occurrence of this pandemic is severely
hurting the government’s response in flattening the curve of the COVID-19 cases. Other
countries have already experienced a number of waves in the combat of COVID-19, and
reached the peak resolution for those waves, however, in the Philippines how to flatten the
curve is still an impossible reality to grasp.
The crisis we have now has awakened most Filipinos that policy-makers with great strategy
are what this country actually needs. As argued by Max Weber, highly professionalized legal
system comprising people with law profession will not only help the country boosts its
economy but also in arming it to effectively and efficiently confront different kinds of
contingencies. Thus, this research highly suggests that the Philippines shall revisit the
stipulation under Section 6, Article VI of the 1987 Constitution on the qualification standards
required of the House of Representatives. This research posits that the existing standards
required under the provision of the Constitution are not anymore aligned and applicable in
order for the country to cope up with the challenges of the present time.
CONCLUSION
Section 6, Article VI of the 1987 Philippine Constitution has in itself becomes unconstitutional
and repugnant to general laws. It contravenes its primary role of protecting the State and of
promoting its utmost development. The provision in itself is contrasting of its own rules which
are embodied in its whole embodiment as a State. This research theorized that having House
of Representatives with very low Qualification Standards is already unreasonable under the
principles of law due to the extensive demand of globalization, environmental, social,
economics, among others. With such provision this country has its silent cry that the present
legislature will be able to comprehend the enormous need to upgrade the qualification standards
of the House of Representatives in order to uphold and promote great leadership which they
ignored for a long period of time. Wherein, this can only be resolved through increasing the
qualification standards of its policy-makers as well as the other government elected officials.
Max Weber argued that highly professionalized legal system of European countries had made
Europe advanced in terms of economic development from any other civilizations in the world.
This theory has been ignored by most of the third world countries, most probably, one of the
reasons why these countries are struggling to achieve economic prosperity up to this date.
Furthermore, Weber argued that a legal system in order to be effective needs to comprise of
policy-makers with law profession. Highly professionalized legal system will enable countries
to be prepared in confronting contingencies. Correspondingly, in the different policy
implementation theories presented, theorists stated that in order for policy-making and
implementation to be effective, the policy-makers need to apply highly pragmatic systems in
the formulation, implementation and compliance of policies. This can only be attained if the
Philippine legislation is highly professionalized.
The stipulation of the 15th Congress and R.A. 9485 clearly demonstrate that the provision under
Section 6, Article VI of the Philippine Constitution is repugnant in itself of its own laws. Irony
as it may seem, under Section 3, Article XVI of the Philippine Constitution which states that:
The State may not be sued without its consent, in which the reality is, this stipulation has been
inaudibly happening in our country for decades. It is the major objective of this research to
open the eyes of the State that stipulation of Section 6, Article VI of the Constitution is actually
killing the State through allowing indirectly its consent to sue itself. This can be depicted by
the significant number of ordinances, orders, etc. in the provincial level being nullified because
these enactments did not pass muster the tests of validity and constitutionality. The fact that
many elected officials are facing enormous graft and corruption cases today, has made the
recommendation of this research more worthy for judicial review.
REFERENCES
i
Official Gazette (1987). 1987 Philippine Constitution. https://www.officialgazette.gov.ph/constitutions/1987-
constitution/
ii
Torrezoga, Hannah; Rosario, Ben R. (July 26, 2010). "Enrile remains Senate President; Belmonte voted House
Speaker". Manila Bulletin. https://mb.com.ph/node/268992/enrile-remain
iii
Weber's (2002/1905) references to "Superstructure" and "base" are unambiguous references to Marxism's
base/superstructure theory. (Protestant Ethic 1905, pp. 19, 35).
iv
Teorell, R. (2008). What Is Quality of Government? A Theory of Impartial Government Institutions.
https://www.semanticscholar.org/paper/What-Is-Quality-of-Government-A-Theory-of-Impartial-Rothstein-
Teorell/7664908695e8fcbe660cc9b4998077be2a5202a7
v
O’toole, L. (2004).The Theory–Practice Issue in Policy Implementation Research.
https://onlinelibrary.wiley.com/doi/abs/10.1111/j.0033-3298.2004.00396.x
vi
DeGroff A. and Cargo, M. (2009). Policy implementation: Implications for evaluation.
https://www.semanticscholar.org/paper/Policy-implementation%3A-Implications-for-evaluation-Degroff-
Cargo/5bd8ec822c155270eb41284b1858f79071e2b8fc
vii
Alexander, E. (1985). From Idea to Action: Notes for a Contingency Theory of the Policy Implementation
Process. https://journals.sagepub.com/doi/abs/10.1177/009539978501600402
viii
Torrezoga, Hannah; Rosario, Ben R. (July 26, 2010). "Enrile remains Senate President; Belmonte voted
House Speaker". Manila Bulletin. https://mb.com.ph/node/268992/enrile-rema
ix
Official Gazette. Republic Act 9485. https://www.officialgazette.gov.ph/2007/06/02/republic-act-no-9485/
x
philstarGlobal, 2020. The Philippine economy and COVID-
19.https://www.philstar.com/business/2020/04/08/2006118/philippine-economy-and-covid-19
xi
philstarGlobal, 2020. The Philippine economy and COVID-19.
https://www.philstar.com/business/2020/04/08/2006118/philippine-economy-and-covid-19