Describe the philippines
Write a detailed research paper on the discretion of the Philippines
The legal basis for discretionary powers in the Philippines can be found in Article IX Section 4(9) of the 1987 Constitution which allows public officers “to exercise such other powers or functions as may be provided by law” when it comes to public policy decisions. This gives broad latitude to government officials who are vested with discretion over their particular area of responsibility, allowing them to make decisions without direct approval from higher levels of authority. While this does enable flexibility in decision making for government officials, it also comes with potential risks as some have abused these powers leading to violations against human rights.
Furthermore, various laws passed since 1987 have further augmented the discretion available to Philippine authorities. For example, The Dangerous Drugs Act (RA 9165), Anti-Money Laundering Law (RA 9160), Human Security Act (RA 9745), Cybercrime Prevention Act (RA 10175), Revised Penal Code Amendment (RA 10951), among others all include provisions granting greater leeway when dealing with criminal activities and suspects thereof. However, there are also certain constitutional safeguards designed specifically safeguard citizens against unlawful use or abuse of such discretionary power held by Philippine authorities. These include freedom from unreasonable searches and seizures through proper warrants issued only upon probable cause supported by oath or affirmation – as stated under Article III Section 2 – as well as due process standards required before any deprivation or restriction on liberty can occur – referred to under Article III Section 14-16 . In addition , Writs preventive protection & habeas corpus ensure individuals safety if facing abusive conditions at hands state organs like police etc .
Finally , numerous cases reported over time about misuse discretions granted different organisations within Philippines - thus violating human rights international treaties country signed up . One example involves President Ferdinand Marcos declaration Martial Law 1972 which lead suspension bill privileges & establishment authoritarian regime depriving citizens fundamental freedoms like speech , assembly etc . Another case reports about Amnesty International's report evidencing killings extrajudicial nature perpetrated police forces during president Gloria Arroyo's rule 2000s resulting unfair trials convictions imposed victims due lack fair access justice system available them during period concern .
Overall , while discretionary power vested citizens protecting entity certain extents however we cannot forget potential abuses these entitlements pose community members individual level despite existence guaranteed justice systems place prevent same still happen sometimes anyway therefore utmost importance that matter taken seriously order develop good oversight mechanisms regulations established enforceable laws governing state actors maintain balance between preserving fundamental liberties keeping peace society peaceful manner possible right now future ahead us !