Rights in a Democratic State

If the power of the government is unlimited then the result would tyranny. Hence, in a democratic state the bill of rights is inserted to the provision of the constitution, to addressed the State, notably the government, telling it what it cannot do to the individual. All the powers of the government (police power, power of eminent domain and power of taxation) are limited by the bill of rights. It is a guarantee that there are certain areas of person’s life, liberty or property which government power may not touch. Example, it is stated on the Philippine Constitution, that “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.”   

Due Process of law means it hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. Applies to all persons, without regard to any difference in race, color or nationality. The right to life includes the right of an individual to his body in its completeness, free from dismemberment, and extends to the use of God-given faculties which make life enjoyable. The right to liberty which includes the right to exist and the right to be free from arbitrary personal restraint or servitude. The right to property is anything that come under the right of ownership and be the subject of contract. It represents more than the things a person owns; it includes the right to secure, use and dispose of them.                                                                                              

Equal protection of the law is embraced in the concept of due process, as every unfair discrimination offends the requirements of justice and fair play. It has nonetheless been embodied in a separate clause in Section 1 of Article III to provide for a more specific guaranty against any form of undue favoritism or hostility from the government. Arbitrariness in general may be challenged on the basis of the due process clause. But if the particular act assailed partakes of an unwarranted partiality or prejudice, the sharper weapon to cut it down is the equal protection clause

Other rights provided in a democratic state are the following:

1. Political rights which is granted by law to members of a community in relation to their direct or indirect participation in the establishment or administration of government. 

2. Civil Rights which municipal law will enforce at the instance of private individuals for the purpose of securing them the enjoyment of their means of happiness.

3. Social and Economics Rights which generally require implementing legislation.  

References

Lectures Notes  from the following persons: (1) Atty. Edwin Sandoval, (2) Jusitce Eduardo Antonio Nachura, (3) Father Joaguin Bernas, (4) Justice Isagani Cruz and (5) Atty Agpalo

Analyze the roles and responsibilities of the Philippines Judiciary

Branches of the Government

The Philippines is a republic with a presidential form of government wherein power is equally divided among its three branches: executive, legislative, and judicial.

The legislative branch is authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This institution is divided into the Senate and the House of Representatives.

The executive branch carries out laws. It is composed of the President and the Vice President, who are elected by direct popular vote and serve a term of six years. The Constitution grants the President authority to appoint his Cabinet. These departments form a large portion of the country’s bureaucracy.

The judicial branch evaluates laws. It holds the power to settle controversies involving rights that are legally demandable and enforceable. This branch determines whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the government. It is made up of a Supreme Court and lower courts. (retrieved from: https://pia.gov.ph/branches-of-government)

According to Jayson & Reyes (1993), the judiciary is the branch of government that interprets the law of the state and upon which devolves the application of the law for the settlement of conflicts arising from the relations between persons and between government and persons.

The judicial branch of government is known as the guardian of the Constitution. It protects the liberties and freedoms written in the Constitution. It ascertains and decides rights, punishes crimes, administers justice, and protects innocent individuals from injury, usurpation, and other wrongful acts.

Judicial Review: It is the power of the Judicial Branch of government to determine the validity of executive and legislative acts if they are in accordance with the Constitution. This is known as an expression of the supremacy of the Constitution.

A justiciable question can be entertained by the court. It is a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted by law for said breach of right. However, political questions are questions of policy. They involve the wisdom of an act or the efficacy or the necessity of a particular measure. These are questions that are better left for the political branches of the government to determine or resolve. For instance, recall a mode of removing a local official from his post even before his term ends due to a lack of confidence. It is a political question that cannot be intruded upon by the courts.

Qualifications and Hierarchy of Courts The general qualification cited in the constitution is “proven competence, integrity, probity, and independence. In addition, based on the hierarchy of courts are the following:

Justices of the Supreme Court (1) Natural-born citizen; (2) At least 40 years of age; (3) 15 years or more a judge of a lower court or has been engaged in the practice of law in the Philippines for the same period

Justices of the Court of Appeals (1) Same qualifications as those provided for SC Justices, and (2) Congress may prescribe other qualifications.

Regional Trial Court Judges (1) Citizen of the Philippines; (2) At least 35 years of age; (3) Has been engaged in the practice of law for at least 5 years or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite

Municipal Trial Court Judges (1) Citizens of the Philippines; (2) At least 30 years of age; (3) Has been engaged in the practice of law for at least 5 years or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite.

Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies involving rights that are legally demandable and enforceable (Art. VIII Sec. 1(2)).

The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the Legislature below the appropriated amount the previous year (Art. VIII, Sec. 3).

Please visit this link for the history of the judiciary: https://sc.judiciary.gov.ph/387.

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Elasticity

ELASTICITY 

Elasticity is a measure of a variable's sensitivity to a change in another variable, most commonly this sensitivity is the change in price relative to changes in other factors. It assesses the change in consumer demand as a result of a change in a good or service's price (Hayes,2021).

Demand Elasticity

The reaction or response of the buyers to changes in price of goods and services (Fajardo, 1990).  Elasticity of demand can be determined by the reaction of the consumers or buyers, if there is a change in price that causes to demand less or more of the good, the demand is “elastic”. In contrary, if the change brings almost no change or no change at all then the demand is “inelastic”.

Types of Demand Elasticity

Elastic Demand. When the change in price results to a greater change in quantity demanded. Under this situation the elastic coefficient is greater to one (1). It means that the consumers or buyers are very sensitive to the change of price. Example of commodities are; electronic gadgets such as camera, television and smart phones which are not very important.

Inelastic Demand. This means a change in price results to a lesser change in quantity demanded. It is when the elasticity coefficient is less than one (1). The consumers or buyers are not sensitive to the change of the price because the commodities are essential to them.  Example are clothing and shelter.

Unitary Elastic Demand. This means that a change in price would result to an equal change in quantity demanded. The elastic coefficient is equal to one (1). The reaction of the consumers or buyers or to the quantity demanded is similar to the change of the price. These types of commodities are semi-essential goods.

Perfectly Elastic Demand. No change in price existing. However, there is an infinite change in quantity demanded. When the elastic coefficient equals infinity. The demand is directly tied to the price of the commodity. There isn’t really any real-life commodity to be considered. This is essential to economic analysis.

Perfectly Inelastic Demand.  This means that a change in price creates no change in quantity demanded.  It is when elasticity coefficient equals zero. Example of this, is during emergency situation or pandemic where vaccines are important regardless of the price. 

Determinants of Price Elasticity of Demand

The availability of substitutes. Once the price of a product or commodity increase the people tend to look for substitute, this makes the demand “elastic”. However, if there is no substitute commodity available, it makes the demand “inelastic.

Income increase in proportion or the price. The quantity of demand will not change if income increase same with the price of the commodity. The demand for essential goods like sugar and salt shall remain as “inelastic.”

The Number of Uses of a Commodity.  For example, milk has several uses. If the price of the milk increase it will be used only for essential purposes such as feeding the children. If the price of milk decrease, it would be utilized to other uses such as preparation of cakes and sweets.

Time. If the time is long enough to substitute the commodity demand tends to be elastic. The longer the period, the more it is easy to both consumers and producers to adjust. 

PRICE ELASTICITY OF DEMAND

The price elasticity of demand can be measured by dividing the percentage change in the quantity of the demand by the percentage change in the price of the product. 

Elasticity of Supply

Supply elasticity refers to the reaction or response of the sellers/producers to price change of goods (Fajardo, 1990). It establishes a quantitative relationship between quantity of supply and the price of a commodity.

Types of Supply Elasticity.

Elastic Supply. A change in price results to a greater change in quantity supplied. It is evident to this situation that the producers are sensitive to the change of price. This are the commodity which can be easily produced by manufacturing firms.

Inelastic Supply. A change of price results to a lesser change in quantity supplied.  The producers are not sensitive to change of price. Example of this type are the goods that cannot be produced immediately like agricultural products.

Unitary Supply. A change in price results to an equal change in quantity supplied.

Perfectly elastic supply.  Without change in price, there is an infinite (without limit) change in quantity supplied. There is no real-life example.

Perfectly inelastic supply.  When the price change, there is no change in quantity supplied. Examples are products that have limited supply such land area, it is fixed regardless of price. 

Determinants of Supply Elasticity

Time. It is evident that agricultural product requires time to adjust its production, from planting to harvesting crops, this may take months or even years which makes it inelastic. However, the manufacturing industries, can usually adjust their output that makes it elastic.

The Nature of the Good. There are four (4) factors of production, classified to fixed factors such land and capital and variable factors such labor and management. If the factors of production can be easily transferred from the production of one good or commodity to that another, the supply will be elastic. For instance, a farmer can easily transfer from growing palay to another crop like corn.

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