PUBLIC VALUE SYSTEM

PREPARED BY: CAROLINA S. GARCIA

 CONSTITUTIONAL PRINCIPLES

• THE RULE OF LAW

• SEPARATION OF CONSTITUTIONAL POWERS

• CONSTITUTINAL CHECK AND BALANCES

 THE RULE OF LAW
• PRINCIPLE OF GOVERNANCE IN WHICH ALL PERSONS, INSTITUTIONS AND ENTITIES, PUBLIC
AND PRIVATE, INCLUDING THE STATE ITSELF, ARE ACCOUNTABLE TO LAWS THAT ARE PUBLICLY
PROMULGATED, EQUALLY ENFORCED AND INDEPENDENTLY ADJUDICATED, AND WHICH ARE
CONSISTENT WITH INTERNATIONAL HUMAN RIGHTS NORMS AND STANDARDS.
• ENSURE ADHERENCE TO THE PRINCIPLES OF SUPREMACY OF LAW, EQUALITY BEFORE THE LAW,
ACCOUNTABILITY TO THE LAW, FAIRNESS IN THE APPLICATION OF THE LAW, SEPARATION OF
POWERS, PARTICIPATION IN DECISION-MAKING, LEGAL CERTAINTY, AVOIDANCE OF
ARBITRARINESS AND PROCEDURAL AND LEGAL TRANSPARENCY.
 THE RULE OF LAW FRAMEWORK
• CONSTITUTION OR ITS EQUIVALENT, AS THE HIGHEST LAW OF THE LAND;
• A CLEAR AND CONSISTENT LEGAL FRAMEWORK, AND IMPLEMENTATION THEREOF;
• STRONG INSTITUTIONS OF JUSTICE, GOVERNANCE, SECURITY AND HUMAN RIGHTS THAT ARE
WELL STRUCTURED, FINANCED, TRAINED AND EQUIPPED;
• TRANSITIONAL JUSTICE PROCESSES AND MECHANISMS; AND
• A PUBLIC AND CIVIL SOCIETY THAT CONTRIBUTES TO STRENGTHENING THE RULE OF LAW AND
HOLDING PUBLIC OFFICIALS AND INSTITUTIONS ACCOUNTABLE.
SEPARATION OF CONSTITUTIONAL POWERS
• GOVERNMENT'S POWER SHOULD BE
SPLIT UP BETWEEN DIFFERENT
BRANCHES IN ORDER TO NOT GIVE
ONE CENTRAL LEADER TOO MUCH
POWER OVER THE LAW.
• THE GOVERNMENT WAS SEPARATED
INTO THREE PARTS.
 OVERVIEW OF THE 3 BRANCHES OF
GOVERNMENT
LEGISLATIVE EXECUTIVE JUDICIAL
-MAKE, ALTER AND REPEAL - CARRIES OUT LAW. - EVALUATES THE LAWS.

LAWS THROUGH THE POWER - SETTLE CONTROVERSIES INVOLVING

- COMPOSED OF PRESIDENT RIGHTS THAT ARE LEGALLY
VESTED IN THE PHIL. AND VICE PRESIDENT DEMANDABLE AND ENFORCEABLE.
CONGRESS. - DETERMINES WHETHER OR NOT THERE
- CONSTITUTION GRANTS HAS BEEN A GRAVE ABUSE OF
- DIVIDED INTO SENATE AND THE PRESIDENT TO DISCRETION AMOUNTING TO LACK
HOUSE OF REPRESENTATIVES APPOINT HIS CABINET OR EXCESS OF JURISDICTION ON THE
PART AND INSTRUMENTALITY OF THE
GOVERNMENT

- MADE UP OF A SUPREME COURT AND

LOWER COURTS
 CONSTITUTIONAL CHECKS AND BALANCES

• CLOSELY INTERTWINED WITH

SEPARATION OF POWERS.
• EACH BRANCH OF
GOVERNMENT HAD SYSTEMS
TO CHECK EACH OTHERS
POWER BY PASSING OR
STOPPING LAWS.
 CIVIL RIGHTS
• EXPANSIVE AND SIGNIFICANT SET OF RIGHTS THAT ARE DESIGNED TO PROTECT INDIVIDUALS
FROM UNFAIR TREATMENT; THEY ARE THE RIGHTS OF INDIVIDUALS TO RECEIVE EQUAL
TREATMENT (AND TO BE FREE FROM UNFAIR TREATMENT OR DISCRIMINATION).
1. INDIVIDUAL HUMAN RIGHTS
2. NATURAL AND POSITIVE HUMAN RIGHTS
3. RIGHTS AND OBLIGATIONS
4. EQUITY AND JUSTICE
5. CIVIL OBLIGATION AND OBEDIENCE
 INDIVIDUAL HUMAN RIGHTS
• BASIC RIGHTS AND FREEDOMS THAT BELONG TO EVERY PERSON IN THE WORLD, FROM BIRTH UNTIL
DEATH.
• THEY APPLY REGARDLESS OF WHERE YOU ARE FROM, WHAT YOU BELIEVE OR HOW YOU CHOOSE
TO LIVE YOUR LIFE.
• CAN NEVER BE TAKEN AWAY, ALTHOUGH THEY CAN SOMETIMES BE RESTRICTED (FOR EXAMPLE –
BREAKING THE LAW)
 NATURAL AND POSITIVE HUMAN RIGHTS

• NATURAL RIGHTS ARE THOSE THAT ARE NOT DEPENDENT ON THE LAWS OR
CUSTOMS OF ANY PARTICULAR CULTURE OR GOVERNMENT, AND SO ARE
UNIVERSAL AND INALIENABLE (THEY CANNOT BE REPEALED OR RESTRAINED BY
HUMAN LAWS).
• POSITIVE RIGHT IS A RIGHT TO BE SUBJECTED TO AN ACTION OR ANOTHER
PERSON OR GROUP; POSITIVE RIGHTS PERMIT OR OBLIGE ACTION.
 RIGHTS AND OBLIGATIONS

• RIGHTS ARE PRIVILEGES THAT ARE GIVEN BY THE LAW OR

ACQUIRED NATURALLY TO WHICH ONE IS JUSTLY ENTITLED.

• OBLIGATIONS ARE SOMETHING AN INDIVIDUAL MUST DO BECAUSE

OF THE LAW, RULES OR PROMISES.
 EQUITY AND JUSTICE

• EQUITY REFERS TO THE FAIRNESS OR JUSTICE IN THE WAY PEOPLE

ARE TREATED ACCORDING TO NATURAL LAW OR RIGHT.

• JUSTICE IS THE PROCESS OR RESULT OF USING LAWS TO FAIRLY

JUDGE AND PUNISH CRIMES AND CRIMINALS.
 CIVIL OBLIGATION AND OBEDIENCE

• CIVIL OBLIGATION IS A LEGAL REQUIREMENT ESTABLISHED BY LAW,

CONTRACT OR AS A RESULT OF UNLAWFUL HARM CAUSED TO THE
PERSON OR PROPERTY OF ANOTHER.

• CIVIL OBEDIENCE IS AN ACT OF OBEYING OR COMPLIANCE TO

THE LAW.
 PRINCIPLES OF ADMINISTRATIVE LAW
• PART OF PUBLIC LAW ESTABLISHING THE FRAMEWORK AND DETERMINING THE COMPETENCE
OF ADMINISTRATIVE AUTHORITIES (OFFICES OF THE GOVERNMENT) AND PROVIDES THE
INDIVIDUAL PERSON WITH REMEDIES IN CASE HIS RIGHTS ARE VIOLATED.
• MADE UP OF LAWS WHICH ORGANIZE ADMINISTRATIVE BODIES; RULES, REGULATIONS AND
ORDERS ISSUED BY THESE BODIES, DECISIONS OVER CONTROVERSIES IN THEIR PARTICULAR
FIELD OF SPECIALIZATION; AND DOCTRINES DEALING WITH THEIR CREATING, OPERATION AND
EFFECT OF THEIR DECISIONS AND REGULATIONS
 AUTHORITY AND POWER
• ADMINISTRATIVE AUTHORITIES ARE PUBLIC OFFICIALS, BODIES, COMMISSIONS OR INSTITUTIONS
WHICH ARE CONCERNED WITH:
A. IMPLEMENTATION OF GOVERNMENT POLICIES: AND/OR;
B. ENFORCEMENT OF DULY ENACTED LAWS.
• ADMINISTRATIVE POWER IS THE POWER TO ADMINISTER OR ENFORCE A LAW. ADMINISTRATIVE
POWER INTENDS TO CARRY THE LAWS INTO EFFECT, PRACTICAL APPLICATION OF LAWS AND
EXECUTION OF THE PRINCIPLES PRESCRIBED BY THE LAWMAKER. IT CAN BE:
A. EXECUTIVE
B. LEGISLATIVE
C. JUDICIAL
 DEVOLUTION OF AUTHORITY AND
AUTONOMY
• DEVOLUTION OF AUTHORITY REFERS TO THE DELEGATION OF THE
POWER TO GIVE ORDERS OR MAKE DECISIONS.

• DEVOLUTION OF AUTONOMY IS AN ACT IN WHICH THE

GOVERNMENT GIVES POWER TO GOVERN ITSELF.
 PURPOSE AND NEEDS OF DEVOLUTION OR
DELEGATION
• IT ENSURES THAT DECISIONS ARE MADE CLOSER TO THE LOCAL PEOPLE, COMMUNITIES AND
BUSINESSES THEY AFFECT
• PROVIDE GREATER FREEDOMS AND FLEXIBILITIES AT A LOCAL LEVEL, MEANING COUNCILS CAN
WORK MORE EFFECTIVELY TO IMPROVE PUBLIC SERVICES FOR THEIR AREA
• RESULT WILL BE MORE EFFECTIVE, BETTER TARGETED PUBLIC SERVICES, GREATER GROWTH AND
STRONGER PARTNERSHIPS BETWEEN PUBLIC, PRIVATE AND COMMUNITY LEADERS IN LOCAL
AREAS
 TYPES OF DEVOLUTION OR DELEGATION
• ADMINISTRATIVE DEVOLUTION: WHERE LIMITED POWERS ARE TRANSFERRED. THIS MEANS THE
DEVOLVED ADMINISTRATION CONTROLS ALLOCATION OF PUBLIC FUNDS, THE NATURE OF
ADMINISTRATION, THE WAYS IN WHICH LAWS SHOULD BE IMPLEMENTED AND THE PASSAGE
OF SECONDARY LEGISLATION.
• FINANCIAL DEVOLUTION: THE ABILITY OF THE DEVOLVED ADMINISTRATION TO RAISE ITS OWN
TAXES. MOST FUNDS AVAILABLE COME FROM CENTRAL GOVERNMENT IN THE FORM OF
GRANTS
• LEGISLATIVE DEVOLUTION: TRANSFER OF POWER TO MAKE PRIMARY LEGISLATION
 ECONOMIC PRINCIPLES

• ECONOMIC FREEDOM: CONCERNED CHIEFLY WITH THE FREEDOM OF CHOICE

ENJOYED BY INDIVIDUALS IN ACQUIRING AND USING ECONOMIC GOODS AND
RESOURCES.
• PRIVATE OWNERSHIP OF PROPERTY: LEGAL DESIGNATION FOR THE OWNERSHIP OF
PROPERTY BY NON-GOVERNMENTAL LEGAL ENTITIES
• INTERNATIONAL ECONOMICS: ASSESSES THE IMPLICATIONS OF INTERNATIONAL
TRADE IN GOODS AND SERVICES AND INTERNATIONAL INVESTMENT.
 POLITICAL PRINCIPLES
- CONCERNED CHIEFLY WITH THE FREEDOM OF CHOICE ENJOYED BY INDIVIDUALS IN
ACQUIRING AND USING ECONOMIC GOODS AND RESOURCES.
• DIRECT PARTICIPATION AND WILL OF PEOPLE: INCLUDES ANY ACTIVITY THAT SHAPES,
AFFECTS OR INVOLVES THE POLITICAL FIELD. SOME INCLUDES VOTING, PROTEST, PUBLIC
CONSULTATIONS, JURY DUTY, SIGNING A PETITION, ETC.
• RESPONSIBILITY AND ACCOUNTABILITY OF POLITICAL REPRESENTATIVES: REFERS TO THE
OBLIGATION OF GOVERNMENT OFFICIALS TO ACT IN THE BEST INTERESTS OF SOCIETY OR
FACE CONSEQUENCES. PUBLIC OFFICIALS SHOULD BE HELD RESPONSIBLE FOR THEIR ACTIONS.
LEGAL ACCOUNTABILITY CONCERNS THE MECHANISMS BY WHICH PUBLIC OFFICIALS CAN BE
HELD LIABLE FOR ACTIONS THAT GO AGAINST ESTABLISHED RULES AND PRINCIPLES.
 POLITICAL PRINCIPLES
• GOVERNMENT TO THE PEOPLE: THE PHILIPPINE GOVERNMENT IS CLASSIFIED AS DEMOCRATIC.
THE CITIZENS ARE ENTITLED TO SUCH RIGHTS AND GIVEN FREEDOM TO DO THINGS FREELY,
PROVIDED THAT THERE SHALL BE NO RULES OR LAWS VIOLATED. OTHERWISE, THE VIOLATORS
WILL BE SANCTIONED AND/OR PENALIZED.
• GLOBAL POLITICS: REFERS TO RELATIONS BETWEEN NATION STATES (COUNTRIES) OR ISSUES
RELATING TO ALL OR MOST OF THEM, SUCH AS ENVIRONMENTAL REGULATION TO TACKLE
GLOBAL WARMING WHICH REQUIRES INTERNATIONAL COOPERATION OR OTHER MAJOR
ISSUES THAT REQUIRE THE ATTENTION OF ALL WORLD POWERS.
 SOCIAL PRINCIPLES
- FUNDAMENTAL LAW, WHICH HOLDS GOOD FOR ALL SOCIAL LIFE WITH THE SAME
ABSOLUTENESS AND NECESSITY AS ANY LAW OF NATURE WITHIN A PARTICULAR FIELD
OF NATURAL CAUSATION.
• NON RACIALISM AND NON SEXISM: BOTH FALL UNDER THE RIGHTS, VALUES AND
PRINCIPLES OF THE SOCIETY. THERE SHALL BE AN ACHIEVEMENT OF EQUALITY
AMONG ALL RACES AND SEXES.
• NATIONALITY AND SOLIDARITY: PEOPLE WHO SHARES THE SAME HISTORY,
TRADITIONS, AND LANGUAGES AND WHO USUALLY LIVE TOGETHER IN A PARTICULAR
COUNTRY. THERE’S ALSO A FEELING OF UNITY BETWEEN PEOPLEWHO HAVE THE SAME
INTERESTS AND GOALS.
 SOCIAL PRINCIPLES
• CIVIC PRIDE, RESPONSIBILITIES AND OBEDIENCE: BEING PROUD,
RESPONSIBLE AND OBEDIENT CITIZEN OF YOUR OWN COUNTRY AS
IT COMPROMISES ACTIONS AND ATTITUDES ASSOCIATED WITH
DEMOCRATIC GOVERNANCE AND SOCIAL PARTICIPATION.
 PUBLIC MANAGEMENT PRINCIPLES
• ORGANIZATIONAL DEVELOPMENT: DEDICATED TO EXPANDING THE KNOWLEDGE AND
EFFECTIVENESS OF PEOPLE TO ACCOMPLISH MORE SUCCESSFUL ORGANIZATIONAL CHANGE
AND PERFORMANCE;
- PROCESS OF CONTINUOUS DIAGNOSIS, ACTION PLANNING, IMPLEMENTATION AND
EVALUATION, WITH THE GOAL OF TRANSFERRING KNOWLEDGE AND SKILLS TO
ORGANIZATIONS TO IMPROVE THEIR CAPACITY FOR SOLVING PROBLEMS AND MANAGING
FUTURE CHANGE.
 PUBLIC MANAGEMENT PRINCIPLES
• OPEN SYSTEM APPROACH: A SYSTEM THAT HAS EXTERNAL INTERACTIONS. SUCH
INTERACTIONS CAN TAKE THE FORM OF INFORMATION, ENERGY, OR MATERIAL TRANSFERS
INTO OR OUT OF THE SYSTEM BOUNDARY, DEPENDING ON THE DISCIPLINE WHICH DEFINES
THE CONCEPT
• VALUED ORIENTED PUBLIC MANAGEMENT: IS THE MANAGEMENT PHILOSOPHY AND
APPROACH THAT ENABLES AND SUPPORTS MAXIMUM VALUE CREATION IN ORGANIZATIONS,
TYPICALLY THE MAXIMIZATION OF SHAREHOLDER VALUE.
• CORPORATE MANAGEMENT: REFERS TO ALL LEVELS OF MANAGERIAL PERSONNEL AND
EXECUTIVES IN A BUSINESS THAT HAS BEEN INCORPORATED.
THE END…