PHILIPPINE GOVERNMENT AND PHILIPPINE CONSTITUTION

• PREPARED BY: PHILNER P. SALINDO

The Study of Political Science

• Political science- is the systematic study of the state and government

political –greek word polis meaning city

Science –latin word scire meaning to know

1. Basic knowledge and understanding of the state and principles and ideals

2. Concerned with the association of human beings into a “body politic”

3. It deals with the relationship among men and groups

Scope of political science

1. Political theory –the entire body of doctrines relating to the origin, form, behaviour, and purposes of the state

2. Public law- organization of governments; limitations of upon government authority; the powers and duties of government offices and officers; the obligations of one state to another

3. Public administration- attention is focused upon the methods and techniques used in the actual management of state affairs by the executive, legislative and judicial branches of the government

Function and Importance

• the function of political science is to discover the principles that should be adhered in the public affairs and to study the operation of the of government in order to demonstrate what is good, to criticise what is bad or inefficient, and to suggest improvements

• Findings and conclusions maybe immense practical use to legislators, executives and judges

• Deals with the problems and social welfare, governmental economic programs, international cooperation and wide range of other matters that are urgent concern to public officials and to private citizens.

Goal in the study of Political Science

1. Education for citizenship

2. Essential parts of liberal education

3. Knowledge and understanding about the government

CONCEPTS OF STATE AND GOVERNMENT

• STATE- is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control.

ELEMENTS OF STATE

a. People

b. Territory

1. terrestial

2. fluvial

3. maritime

4. aerial

c. Government

d. Sovereignty

THEORIES ON THE ORIGIN OF THE STATE

A. Divine right theory

B. Necessity or force theory

C. Paternalistic theory

D. Social contract theory

Difference between state and nation

state nation

a. Is a political conceptb. Is not subject to

external controlc. May consist of one

or more nations or peoples

a. Is an ethnic conceptb. May or may not be

independent from external control

c. May be made of several states

Inherent Powers of the State

a. Police power

- It is the power to prescribe regulations to promote the health, morals, education, good order, safety, or the general welfare of the people.

- The most demanding among the three inherent powers because it affects both the person’s liberty as well as its property

- It is a growing and expanding power

b. Power of eminent domain

- this refers to the power of the government to take private property for public use

under the constitution:

“private property shall nit be taken for the public use without just compensation”

“the state may, in the ineterest of national welfare and development, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the government”

c. Power of taxation- it is the power of the state to impose taxes

Taxes are aht we pay for civilized society.----requisites for Lawful exercise of the Power of taxation-----a. The tax is for a public purposeb. The rule of uniformity of taxation observedc. Either the person or property taxed is within the jurisdiction of the government levying the taxd. In the assessment and collection of certain kinds of taxes, notice and opportunity for hearing are provided.

(article VI, Legislative Dept. )

• Government – it refers to the agecy through which the will of the state is formulated, expressed and carried out.

Forms of government:

1. As to the number of persons exercising sovereign powers

2. As to extent powers exercised by the central or national government

3. As to relationship between the executive and the legislative branches of the government

As to the number of persons exercising sovereign powers

a. Monarhcy

1. absolute monarchy

2. limited monarchy

b. Aristocracy

c. Democracy

1. direct or pure democracy

2. indirect, representative, or republican democracy

As to extent powers exercised by the central or national government

a. Unitary government-the control of national and local affairs is exercised by the central or national government

b. Federal government-the powers of the government is divided into two sets of organs, the national and the local

As to relationship between the executive and the legislative branches

of the government

a. Parliamentary government

- one which the state confers upon the legislature

b. Presidential government

- one which the state makes the executive constitutionally independent of the legislature

Purpose and Necessity of Government

1. Advancement of the public welfare

- For the protection of the society and its members

- The security of persons and property

- The administration of justice

- The preservation of the state from external danger

- The advancement of the physical, economic, social, and cultural well-being of the people

2. Consequence of absence

- anarchy and disorder and general feeling of fear and insecurity will previal in society

- progress and development will not be possible

- values taken for granted in a free modrn society such as truth, freedom, justice, equality, rule of law

- human dignity can never be enjoyed

Concept of Constitution

Constitution-

-fundamental law or the basis of government

- a system of fundamental laws or principles for the government of a nation, society, corporation or other aggregation of individuals

- that body of rules aand maxims in accordance with which the powers of sovereignty are habitually exercised

The Purpose of the Constitution

-- is to prescribe a framework of the system of government

-- assign to the different departments their respective powers and duties

-- to establish certain fixed first principles on which government is founded

-- to promote public welfare, which involves the safety, prosperity, health, and happiness of the people

Classification of Constitution

1. Written and Unwritten

written- one in which most of its provisions are embodied in a single fromal written instrument or instruments

unwritten- one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character

2. Cumulative and conventional

cumulative- when it has its origin mainly in custom, common law principles, decisions of courts.

conventional- has been formulated usually by a constutional assembly or promulgated by the King

3. Rigid and flexible

rigid – one that can be ammended only by a formal and usually difficult process

flexible- is one that can be altered “by the same body that makes ordinary laws of the state

Parts of the Constitution

1. Constitution of the Government

2. Constitution of Liberty

3. Constitution of Sovereignty

The History of the Philippine Government

• Pre- Spanish Period

–Unit of government- barangay

datu

Social classes

nobility

freeman

the serfs

the slaves

• During the Spanish Period

Spanish Colonial Government

unitary

the Governor-General

the Royal Audiencia

• Government of the revolutionary era

1. the Katipunan Government

– Supreme Council

– Provincial Council

– Popular Council

– Judicial council

2. The Biak na Bato Republic

established by Aguinaldo on Nov. 1, 1897

3. The Dictatorial Government

june 12, 1898

4. The Revolutionary Government

june 29, 1898

• The First Philippine Republic

–Malolos Bulacan

–Filipino Representatives

–The Malolos Constitution – the first in Asia

• American Regime

–Military Government – april 14, 1898

–Civil Government- July 4, 1901

–Commonwealth Government – March 24, 1934

• Japanese Occupation

–Japanese Military Administration

–The Philippine Executive Commission

–The Japanese-sponsored Republic of the Philippines

• The Provisional government of 1986

–Revolutionary

–De jure / de facto

–Constitutional and transitory

–Democratic

–Powers

–The provisional constitution

Assignment:

1. read, understand and memorize the PREAMBLE

Source:

Phillipine Constitution by Hector S. De Leon