ARTICLE 40. The members of Parliament and of the State Assemblies are disqualified to become officials of their respective political parties. The political parties shall be governed by a directorate of seven members who will elect among themselves a chairman who shall serve for one year and shall be ineligible for re-election for the next seven years.
EXPLANATORY NOTES
This article would not permit the natural growth of a single leader in the hierarchy of political parties. Political parties cannot have a President for the party. Political parties shall be governed by a directorate of exactly seven members who will elect among themselves a chairman to serve for one year only, never to be re-elected during the next years. Political leaders are given equal opportunity to direct the political party.
Members of Parliament and of the State Assemblies must give their full attention to their duties as such, and may not be a member of the directorate of their respective political party.
Article 41. The barrio councilors and the city councilors are the public officials who shall serve as the liaison between the people and the Government, or through their respective staff shall assist in the solution of the personal and family problems of the people at the grassroots level.
EXPLANATORY NOTES
The barrio councilors should be given an adequate compensation for they are expected to render full-time service to the people by exercising their particular profession for the benefit of the community.
Thus, a councilor who is a dentist should give free dental care to the people of the barrio. Aphysician can have a clinic with medicines supplied by the barrio council. An agriculturist could act as an agricultural extension worker free of charge within the territory of the barrio. A lawyer can give his time freely to the legal problems of the people. In general, all the barrio councilors can serve as liaison officers between the people in the barrio and in the higher echelon of the Government up to the provincial level.
Under this innovative idea, the barrio captains and councilors become more productive and have a positive relationship with their Constituents.
CHAPTER V
ACTIVE OPERATING POWERS: THE JUDICIAL
Article 42. Parliament shall create a Judiciary with the Supreme Court as the highest tribunal to pass on cases involving private law. Until otherwise provided by law, the jurisdiction of the present courts shall remain as they are. The Chief Justice of the Supreme Court with the approval of the Court, shall appoint all the judges of the lower courts.
EXPLANATORY NOTES
This Article provides for the creation of the Judiciary with the Supreme Court as the highest tribunal to pass on cases involving private law.
It provides a great innovation because under this Constitution, the law is classified into private law, which is the subject of jurisdiction of the Judiciary as an active operating power, and Public Law, under the jurisdiction of the Constitutional Tribunal as the highest court on this branch of the law.
Public law consists of laws involving the State and includes impeachment proceedings, declaration of unconstitutionality of an Act of the Legislative or of the Executive powers, taxation cases, public utility cases, conflicts of jurisdiction between different governmental bodies, between the States and the Federal government, and the supervision formerly exercised by the President over three Constitutional Commissions: the Electoral Commission, the Civil Service Commission, and the Commission on Audits.
This Article also ensures the independence of the Judiciary by providing that the Chief Justice of the Supreme Court, with the approval of the Court, shall appoint all the judges of the lower courts, a power now vested in the President of the Philippines.
Article 43. Five members of the Supreme Court shall be appointed by the Chief Magistrate of the Constitutional Tribunal with the consent of said tribunal, while four members shall be appointed by the Troika with the consent of the Commission on Appointments of Parliament. Thereafter, vacancies shall be filled alternately by the Chief Magistrate with the consent of the Constitutional Tribunal, and the Troika with the consent of the Commission on Appointments.
The members of the Supreme Court shall hold office during good behavior until they reach the age 65 or are incapacitated to discharge the duties of their office, or impeached.
The Chief Justice of the Supreme Court shall be elected every three years by the members of the Supreme Court from among its members, and he cannot be re-elected.
EXPLANATORY NOTES
It will be noted that there are two sets of appointing powers for the members of the Supreme Court. This will make it improbable for any single person to ever have a majority of the members of the Supreme Court appointed by him.
Article 44. The existing Supreme Court shall be reorganized by the President, upon his election, with new appointments subject to the consent of the Commission on Appointments of Parliament, retaining those in whom the Troika has confidence.
To expedite the disposition of the backlog of pending cases of many years in the Supreme Court, a second Supreme Court shall be created also with nine members, which shall take jurisdiction over all new cases appealed to the Supreme Court. The old Supreme Court shall continue to have jurisdiction over the pending cases.
In time, as the pending cases are gradually decided, the new Supreme Court, may gradually merge with the old Supreme Court, irrespective of the number of members of the consolidated Supreme Court, which may be grouped into divisions as decided by the combined Supreme Court. In time, there shall be only one Supreme Court composed of nine members.
EXPLANATORY NOTES
The Supreme Court continues to be overburdened with pending cases, many of them still waiting for a final decision after more than ten years. It was hoped that the 1973 Constitution would solve this chronic judicial problem.
Even during Martial Law, the problem not only continued but worsened. All past remedies adopted have been in vain. The idea of an additional Supreme Court to operate and handle all new cases within the jurisdiction of the Supreme Court and leaving the old Supreme Court to decide on old cases, was suggested by a delegate of the Constitutional Convention to the Judiciary Committee thereof. The Committee did not approve the suggestion.
Article 45. Parliament, by law, shall provide ways and means for the expeditious disposition of cases in the Judiciary.
It can reorganize the Judiciary provided it does not violate the principle of the independence of the Judiciary.
It may convert the Courts of First Instance into Courts of Three Judges hearing the case without the benefit of a transcript of records or stenographer. One of the Judges shall pen the decision of the Court and the aggrieved party may appeal the decision to the Court en banc which shall decide the case by a majority vote. The decision of that Court may be brought to the Supreme Court only through certiorari proceedings. However, Parliament may provide for an appeal to the Supreme Court involving cases in excess of a specific amount. (To be continued/PN)
