The Never Ending Democratization of the Philippines
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officers and board members of government-owned and controlled
corporations, prosecutors, judges, and justices are also appointed by the
President. The number of Presidential appointees is estimated to total 4,237
officials (Commissioner Alexander Magno, 2005 Preparatory Commission to
Propose Revisions to the 1987 Constitution). These officials constitute what
Commissioner Magno calls the “bureaucratic aristocracy”. Implied in this
description is autonomy of the executive branch of government in the planning
and implementation of its priority programs.
This practice has adversely affected the development of a professional
civil service. It has politicized the appointment process and opened it to abuse.
A manicurist and beautician of a President can be appointed member of the
board of trustees of PAG-IBIG. Bureaucrats hoping to land choice positions in
the civil service need connection, the rules on merit promotion are ignored in
favor of personal connections. The goal of developing a career civil service is
waylaid by the vagaries of clientelism.
Immunity from Suits and Rigid Impeachment Process
The weak horizontal accountability which allows the President to
dominate the legislature and the judiciary is further reinforced by his immunity
from suits during his term of office and the rigid process of impeachment. The
weak horizontal accountability makes the President uncontrollable, in other
words, the other state bodies cannot check his employment of delegative
authority. His immunity from suits and the rigid impeachment process make
him virtually above the law. But nobody should be above the law, remember?
A formidable barrier in removing the President before the end of his term
is the rigid impeachment process. It has served as an impenetrable shield even
for a President who had abused his power. The procedure for impeachment
requires that a petition to remove the President from office should be reviewed
by the House of Representatives and found to be adequate in “form and
substance”. After this determination, the House meets in plenary and votes on
the complaint. If one-third of the 250 members favor the complaint, it is
elevated to the Senate for trial. The Senate then convenes itself as an
impeachment court to try the President. The Chief Justice of the Supreme Court
presides over the impeachment court, and after the trial gives a verdict of guilty
or not guilty. If the President is found guilty, he is removed from office and the
vice-President assumes the presidency. The 1987 Constitution states:
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