POLIGOV HANDOUTS # 4 CONSTITUTIONALISM: THE PHILIPPINE CONSTITUTION AND THE CONCEPTS OF CITIZENSHIP AND SUFFRAGE AND THE ROLE

OF MEDIA AND PROPAGANDA IN THE FORMATION OF PUBLIC OPINION PREPARED BY: PORTIA ELAINE V. BISMONTE
I.
A.

CONSTITUTIONALISM
DEFINITION: 1. WHAT IS CONSTITUTIONALISM? Is a doctrine or principle which describes and supports a constitution as the supreme law of the land, it is an instrument that provides a system of effective restraints upon political power. WHAT IS A CONSTITUTION? Fundamental law of the state (land), an organic act. Is a Body of rules and maxims in accordance with which power of sovereignty is habitually exercised. By Cooley Constitutional aw !he fundamental law of the land(state) which contains the principles on which the government is founded, regulates the division of sovereign powers, and directs to what persons each of these powers is to be entrusted and the manner of it"s exercise Is a written instrument by which the fundamental power of the government are established, limited and defined and by which these powers are distributed among several department for their safe and useful exercise for the benefit of the body politic. By #alcom, $hil. Constitution. Is a citadel %eeping governments under restraint to prevent it from becoming arbitrary and tyrannical. It assures the effective operation of the government to protect the rights and liberties of the people, conserve their customs, traditions, and raise their economic well being. Is a system for governance, often codified as a written document, that establishes the rules and principles of an autonomous political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the structure, procedures, powers and duties, of a government. #ost national constitutions also guarantee certain rights to the people. &istorically, before the evolution of modern'style, codified national constitutions, the term constitution could be applied to any important law that governed the functioning of a government. !he term constitution comes from atin, referring to issuing any important law, usually by the (oman emperor. ater, the term was widely used in canon law to indicate certain relevant decisions, mainly from the $ope.

2.

B.

HISTORY OR ORIGINS OF THE CONSTITUTION

THE ANCIENTS: )xcavations in modern'day Ira* by )rnest de +ar,ec in -.// found evidence of the earliest %nown code of 0ustice, issued by the +umerian %ing 1ru%agina of agash ca 2344 BC. $erhaps the earliest prototype for a law of government, this document itself has not yet been discovered5 however it is %nown that it allowed some rights to his citi,ens. For example, it is %nown that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. 6fter that, many governments ruled by special codes of written laws. !he oldest such document still %nown to exist seems to be the Code of 1r'7ammu of 1r (ca 2484 BC). +ome of the better'%nown ancient law codes include the code of ipit'Ishtar of Isin, the code of &ammurabi of Babylonia, the &ittite code, the 6ssyrian code, #osaic law, and the Cyrus cylinder by Cyrus the 9reat of $ersia. In :2- BC, a scribe named ;raco wrote the laws of the city'state of 6thens5 and being *uite cruel, this code prescribed the death penalty for any offence. In 8<= BC, +olon, the ruler of 6thens, created the new +olonian Constitution. It eased the burden of the wor%ers, however it made the ruling class to be determined by wealth, rather than by birth. Cleisthenes again reformed the 6thenian constitution and set it on a democratic footing in 84. BC. 6ristotle (ca 384 BC) was one of the first in recorded history to ma%e a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism, and attempting to classify different forms of constitutional government. !he most basic definition he used to describe a constitution in general terms was >the arrangement of the offices in a state>. In his wor%s Constitution of Athens, Politics, and Nicomachean Ethics he explores different constitutions of his day, including those of 6thens, +parta, and Carthage. &e classified both what he regarded as good and bad constitutions, and came to the conclusion that the best constitution was a mixed system, including monarchic, aristocratic, and democratic elements. &e also distinguished between citi,ens, who had the exclusive opportunity to participate in the state, and non'citi,ens and slaves who did not. !he (omans first codified their constitution in ==< BC as the Twelve Tables. !hey operated under a series of laws that were added from time to time, but (oman law was never reorganised into a single code until the Codex Theodosianus (6; =3.)5 later, in the )astern )mpire the Codex Justinianus (83=) was highly influential throughout )urope. !his was followed in the east by the Ecloga of eo III the Isaurian (/=4) and the asilica of Basil I (./.). #any of the 9ermanic peoples that filled the power vacuum left by the ?estern (oman )mpire in the )arly #iddle 6ges codified their laws. @ne of the first of these 9ermanic law codes to be written was the Aisigothic Code of Eu!ic (=/-). !his was followed by the "ex u!gundionum, applying separate codes for 9ermans and for (omans5 the Pactus Alamanno!um5 and the +alic aw of the Fran%s, all written soon after 844. In 84:, the !evia!um or #"ex $omana# of 6laric II, %ing of the Aisigoths, adopted and consolidated the Codex Theodosianus together with assorted earlier (oman laws. +ystems that appeared somewhat later include the Edictum $otha!i of the ombards (:=3), the "ex %isigotho!um (:8=), the "ex Alamanno!um (/34) and the "ex &!isionum (ca /.8). BapanCs Seventeen'a!ticle constitution written in :4=, reportedly by $rince +hDto%u, is an early example of a constitution in 6sian political history. Influenced by Buddhist teachings, the document focuses more on social morality than institutions of government (e! se and remains a notable early attempt at a government constitution. 6nother is the Constitution of )edina, drafted by the prophet of Islam, #uhammad, in :22. !he *a+anashagowa, or CoralC constitution of the Iro*uois nation, has been estimated to date from between -4<4 and --84, and is also thought by some to have provided a partial inspiration for the 1+ Constitution. 2

),-E$N A*EE In )ngland, &enry ICs proclamation of the Charter of iberties in --44 bound the %ing for the first time in his treatment of the clergy and the nobility. !his idea was extended and refined by the )nglish barony when they forced Fing Bohn to sign )agna Ca!ta in -2-8. !he most important single article of the )agna Ca!ta, related to >habeas co!(us>, provided that the %ing was not permitted to imprison, outlaw, exile or %ill anyone at a whim G there must be due process of law first. !his article, 6rticle 3<, of the )agna Ca!ta readE No f!ee man shall be a!!ested. o! im(!isoned. o! de(!ived of his (!o(e!t+. o! outlawed. o! exiled. o! in an+ wa+ dest!o+ed. no! shall we go against him o! send against him. unless b+ legal /udgement of his (ee!s. o! b+ the law of the land0 !his provision became the cornerstone of )nglish liberty after that point. !he social contract in the original case was between the %ing and the nobility, but was gradually extended to all of the people. It led to the system of Constitutional #onarchy, with further reforms shifting the balance of power from the monarchy and nobility to the &ouse of Commons. Between -224 and -234, a +axon administrator, )i%e von (epgow, composed the Sachsens(iegel, which became the supreme law used in parts of 9ermany as late as -<44. In -23:, +undiata Feita presented an oral constitution federating the #ali )mpire, called the 1ou!ou2an &ouga. #eanwhile, around -2=4, the Coptic )gyptian Christian writer, C6bul FadaCil Ibn al'C6ssal, wrote the &etha Negest in 6rabic. CIbn al'6ssal too% his laws partly from apostolic writings and #osaic law, and partly from the former By,antine codes. !here are a few historical records claiming that this law code was translated into 9eCe, and entered )thiopia around -=84 in the reign of Hara Ia*ob. )ven so, its first recorded use in the function of a constitution (supreme law of the land) is with +arsa ;engel beginning in -8:3. !he &etha Negest remained the supreme law in )thiopia until -<3-, when a modern'style Constitution was first granted by )mperor &aile +elassie I. !he earliest written constitution still governing a sovereign nation today may be that of +an #arino. !he "eges Statutae $e(ublicae Sancti )a!ini was written in atin and consists of six boo%s. !he first boo%, with :2 articles, establishes councils, courts, various executive officers and the powers assigned to them. !he remaining boo%s cover criminal and civil law, 0udicial procedures and remedies. ?ritten in -:44, the document was based upon the Statuti Comunali (!own +tatute) of -344, itself influenced by the Codex Justinianus, and it remains in force today. In -:3<, the Colony of Connecticut adopted the Fundamental @rders, which is considered the first 7orth 6merican constitution, and is the basis for every new Connecticut constitution since, and is also the reason for ConnecticutCs nic%name, the Constitution +tate. !he Corsican Constitution of -/88 and the +wedish Constitution of -//2 were the first post')nlightenment constitutions in )urope. !he Commonwealth of #assachusetts adopted its constitution in -/.4, before the ratification of the 6rticles of Confederation and the 1nited +tates Constitution. It is probably the oldest still'functioning nominal constitution, that is, where the document specifically declares itself to be a constitution. !he 1nited +tates Constitution, ratified -/.<, was influenced by the British constitutional system and the political system of the 1nited $rovinces, plus the writings of $olybius, oc%e, #ontes*uieu, and others. !he document became a benchmar% for republican and codified constitutions written thereafter and is commonly believed to be the oldest modern, national, codified constitution in the world. 7ext constitutions in the world and first in )urope, were the $olish' ithuanian Commonwealth Constitution of #ay 3, -/<- and the French Constitution of +eptember 3, -/<-. 3

3456 PHI"IPPINE C,NSTIT7TI,N A HIST,$8 IN $IE&: In -<.:, following the );+6 (evolution of -<.: which ousted Ferdinand #arcos as president, and following on her own inauguration, Cora,on 6*uino issued $roclamation 7o. 3, declaring a national policy to implement the reforms mandated by the people, protecting their basic rights, adopting a provisional constitution, and providing for an orderly translation to a government under a new constitution. J2K $resident 6*uino later issued $roclamation 7o. <, creating a Constitutional Commission to frame a new constitution to replace the -</3 Constitution which too% effect during the martial law regime imposed by her predecessor. $resident 6*uino appointed 84 members to the Commission. !he members of the Commission were drawn from varied bac%grounds, including several former senators and congressmen, a former +upreme Court Chief Bustice ((oberto Concepcion), a Catholic bishop (!eodoro Bacani) and a noted film director ( ino Broc%a). $resident 6*uino also deliberately appointed 8 members, including former abor #inister Blas @ple, who had been allied with $resident #arcos until the latterCs ouster. 6fter the Commission had convened, it elected as its president Cecilia #uno, $alma, who had emerged as a leading figure in the anti'#arcos opposition following her retirement as the first female 6ssociate Bustice of the +upreme Court, . !he Commission finished the draft charter within four months after it was convened. +everal issues were heatedly debated during the sessions, including on the form of government to adopt, the abolition of the death penalty, the continued retention of the Clar% and +ubic 6merican military bases, and the integration of economic policies into the Constitution. Broc%a would wal% out of the Commission before its completion, and two other delegates would dissent from the final draft. 7onetheless, a ma0ority of voters approved the Constitution in a plebiscite held on February 2, -<./. SI*NI&ICANT &EAT7$ES ,& THE 3456 C,NSTIT7TI,N !he Constitution establishes the $hilippines as a >democratic and republican +tate>, where >sovereignty resides in the people and all government authority emanates from them>. (+ection -, 6rticle II) Consistent with the doctrine of separation of powers, the powers of the national government are exercised in main by three branches G the executive branch headed by the $resident, the legislative branch composed of Congress and the 0udicial branch with the +upreme Court occupying the highest tier of the 0udiciary. !he $resident and the members of Congress are directly elected by the people, while the members of the +upreme Court are appointed by the $resident from a list formed by the Budicial and Bar Council. 6s with the 6merican system of government, it is Congress which enacts the laws, sub0ect to the veto power of the $resident which may nonetheless be overturned by 2L3rds vote of Congress. (+ection 2/(-), 6rticle AI) !he $resident has the constitutional duty to ensure the faithful execution of the laws (+ection -/, 6rticle AII), while the courts are expressly granted the power of 0udicial review (+ection -, 6rticle AIII), including the power to nullify or interpret laws. !he $resident is also recogni,ed as the commander'in'chief of the armed forces. (+ection -., 6rticle AII) !he Constitution also establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. (+ection -, 6rticle M) ocal governments are generally considered as falling under the executive branch, yet local legislation re*uires enactment by duly elected local legislative bodies. !he !he Constitution (+ection 3, 6rticle M) mandated that the Congress would enact a ocal 9overnment Code. !he Congress duly enacted (epublic 6ct 7o. /-:4, !he ocal 9overnment Code of -<<-, which became effective on - Banuary -<<2.J3K !he +upreme Court has noted that the Bill of 4

(ights >occupies a position of primacy in the fundamental law>. J=K !he Bill of (ights, contained in 6rticle III, enumerates the specific protections against +tate power. #any of these guarantees are similar to those provided in the 6merican constitution and other democratic constitutions, including the due process and e*ual protection clause, the right against unwarranted searches and sei,ures, the right to free speech and the free exercise of religion, the right against self'incrimination, and the right to habeas corpus. !he scope and limitations to these rights have largely been determined by $hilippine +upreme Court decisions. @utside of the Bill of (ights, the Constitution also contains several other provisions enumerating various state policies including, i.e., the affirmation of labor >as a primary social economic force> (+ection -=, 6rticle II)5 the e*ual protection of >the life of the mother and the life of the unborn from conception> (+ection -2, 6rticle II)5 the >Filipino family as the foundation of the nation> (6rticle MA, +ection -)5 the recognition of Filipino as >the national language of the $hilippines> (+ection :, 6rticle MIA), and even a re*uirement that >all educational institutions shall underta%e regular sports activities throughout the country in cooperation with athletic clubs and other sectors.> (+ection -<.-, 6rticle MIA) ?hether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the sub0ect of considerable debate in the legal sphere and within the +upreme Court. !he Court, for example, has ruled that a provision re*uiring that the +tate >guarantee e*ual access to opportunities to public service> could not be enforced without accompanying legislation, and thus could not bar the disallowance of so'called >nuisance candidates> in presidential elections. But in another case, the Court held that a provision re*uiring that the +tate >protect and advance the right of the people to a balanced and healthful ecology> did not re*uire implementing legislation to become the source of operative rights. CONSTITUTION VS. LAW

C.

LAW/STATUTES N is a rule of conduct binding on all members of society and promulgated by competent authority. CONSTITUTION its is the supreme law of the land its is a direct enactment from the people to ratify it it contains general principles or provisions its is permanent in character as it"s amendment is difficult the amendatory process must be strictly followed LAW it is of general applications but must conform with the constitution it is an enactment of the people"s representative it contains details to implement provisions of the constitution it is easy to amend directly by the legislative body the amendment process is 0ust a simple process of legislation

D.

CLASSIFICATIONS OR TYPES OF CONSTITUTION UNCODIFIED N is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten. 1ncodified constitutions are the product of an >evolution> of laws and conventions over centuries. By 5

CODIFIED N is one that is contained in a single written document, which is the single source of constitutional law in a state. !he most obvious advantages of codified constitutions are that they tend to be more coherent and more

easily understood, as well as simpler to read (being single documents). &owever, although codified constitutions are relatively rigid, they still yield a potentially wide range of interpretations by constitutional courts. Codified constitutions are usually the product of dramatic political change, such as a revolution +tates that have codified constitutions normally give the constitution supremacy over ordinary statute law. !hat is, if there is a conflict between a legal statute and the codified constitution, all or part of the statute can be declared ult!a vi!es by a court and struc% down as unconstitutional. In addition, an extraordinary procedure is often re*uired to ma%e a constitutional amendment. !hese procedures may involveE obtaining O ma0orities in the national legislature, the consent of regional legislatures, a referendum process or some other procedure that ma%es obtaining a constitutional amendment more difficult than passing a simple law.

contrast to codified constitutions, in the ?estminster tradition that originated in )ngland, uncodified constitutions include written sourcesE e.g. constitutional statutes enacted by the $arliament (&ouse of Commons ;is*ualification 6ct -</8, 7orthern Ireland 6ct -<<., +cotland 6ct -<<., 9overnment of ?ales 6ct -<<., )uropean Communities 6ct -</2 and &uman (ights 6ct -<<.)5 and also unwritten sourcesE constitutional conventions, observation of precedents, royal prerogatives, custom and tradition, such as always holding the 9eneral )lection on !hursdays5 together these constitute the British constitutional law. In the days of the British )mpire, the Budicial Committee of the $rivy Council acted as the constitutional court for many of the British colonies such as Canada and 6ustralia which had federal constitutions. In states using uncodified constitutions, the difference between constitutional law and statutory law (i.e. law applying to any area of governance) in legal terms is nil. Both can be altered or repealed by a simple ma0ority in $arliament. In practice, democratic governments do not use this opportunity to abolish all civil rights, which in theory they could do, but the distinction between regular and constitutional law is still somewhat arbitrary, usually depending on the traditional devotion of popular opinion to historical principles embodied in important past legislation. For example, several 6cts of $arliament such as the Bill of (ights, &uman (ights 6ct and, prior to the creation of $arliament, #agna Carta are regarded as granting fundamental rights and principles which are treated as almost constitutional.

WRITTEN/ENACTED N are those UNWRITTEN/EVOLVED ' as one which constitutions that have been definite form, both in form and substance is entirely the enacted at a particular time, usually by a product of political evolution, not 6

specially constituted authority called constitutional convention (commission) and these provisions are embodied in one compact document. Consists of a single document containing all the written provisions of the fundamental law of the land Is used to describe a constitution that is entirely written, which by definition includes every codified constitution. &owever, some constitutions are entirely written but, strictly spea%ing, not entirely codified. For example, in the Constitution of 6ustralia, most of its fundamental political principles and regulations concerning the relationship between branches of government, and concerning the government and the individual are codified in a single document, the Constitution of the Commonwealth of 6ustralia.

inaugurated at any specific time, and changing by accretion rather by any systematic method, it may include scattered written provisions, but is unwritten in the sense of having no compact written form. )xE 1F"s constitution. Is not embodied in a single written document, it is an evolved constitution which undergoes growth and development in the customs and traditions of the people and reinforced by written laws, rules and principles +trictly spea%ing, unw!itten constitution is never an accurate synonym for uncodified constitution, because all modern democratic constitutions consist of some written sources, even if they have no different technical status than ordinary statutes.

ENTRENCHED N 6 fundamental feature of constitutions. )ntrenchment refers to whether the constitution is legally protected from modification without a procedure of constitutional amendment. )ntrenchment is an inherent feature in most written constitutions. !he $hilippine constitution is an example of an entrenched constitution, and the 1F constitution is an example of a constitution that is not entrenched. !he procedure for modifying a constitution is often called amending9amendments:!atification;. 6mending an entrenched constitution re*uires more than the approval of the national legislature, it re*uires wider acceptance. +ometimes, the reason for this is that the constitution is considered supreme law, such as according to the supremacy clause in the 1+ constitution. (egardless of whether a constitution has this technical status, all states with an entrenched constitution recogni,e the difference between constitutional law and ordinary statutory law. $rocedures for ratification of constitutional amendments vary between states. In a federal system of government, the approval of a ma0ority of stateLprovincial legislatures may be re*uired. 6lternatively, a national referendum may be re*uired in some states, such as in 6ustralia. 7@!)E In constitutions that are not entrenched, no special procedure is re*uired for modification. In the small number of countries with un'entrenched constitutions, the lac% of entrenchment is because the constitution is not recognised with any higher legal status than ordinary statutes. In the 1F, for example, passing laws which modify sources of the constitution, whether they are written or unwritten, are passed on a simple ma0ority in $arliament. !he concept of >amendment> does not apply, as the constitution can be altered as easily in terms of procedure as any national law. RIGID/INELASTIC N when amendments or revisions of the constitution can only be effected by complying with procedure provided in the constitution itself. E. FLE IBLE/ELASTIC N ?hen amendments can be affected in a manner similar to the manner of passing or altering an ordinary law.

CHARACTERISTICS OF A GOOD WRITTEN CONSTITUTION

BROAD AND COMPREHENSIVE ' the purpose of the constitution is to outline the organi,ation of the government, in this framewor%, the functions and powers of the government are defined and limited, the locus and focus of the power is stated, relations between the government and the governed are prescribed. BRIEF AND CONCISE N the constitution should only contain the essentials of government, together with certain important aspects, the legislation will supply the details in order for the constitution to be not so verbose and the brevity of the charter must not be despoiled by too much vague words and contradictions. CLEAR AND DEFINITE N the provisions of the constitution must leave no room for ambiguity because if they are vague they would be susceptible to various interpretations, and such varied interpretations will lead to constitutional problems unresolved and destructive to a nation"s welfare. PARTS OF THE CONSTITUTION

F.

-) PREAMBLE ' from the word (!eambula!e which means to wal% before, it is the introduction to the constitution not an actual part of the organic act,, but is useful for it explains why the constitution was enacted and for whom it was made, and it enumerates the general ob0ectives of the constitution. 2) DIVISION AND DISTRIBUTION OF POWERS AND FUNCTIONS OF GOVERNMENT N provides for the division and distribution of powers and functions of the government in order to ensure the supremacy of the rule of law and to safeguard the rights and liberties of the people from abuse and suppression by men clothed with political authority. 3) BILL OF RIGHTS N an essential part of the constitution, it is the enumeration of the rights of the people protected and guaranteed by the constitution from abuses and oppression of individuals, groups of persons, associations, and especially the government, it includes civil, political, social, economic, rights of the accused and etc. CIVIL RIGHTS ! is a right of an individual enforced by the state at the instance of the individual for the pupose of securing for him 6re the protections and privileges of personal power given to all citi,ens by law. Civil rights are distinguished from >human rights> or >natural rights>. Civil rights are rights that are bestowed by nations on those within their territorial boundaries, while natural or human rights are rights that many scholars claim that individuals have by nature of being born. For example, the philosopher Bohn oc%e (-:32N-/4=) argued that the natural rights of life, liberty and property should be converted into civil rights and protected by the sovereign state as an aspect of the social contract. @thers have argued that people ac*uire rights as an inalienable gift from a deity (such as 9od) or at a time of nature before governments were formed.

POLITICAL RIGHTS N are the rights that are given to every citi,en of the state these rights allow that individual to participate in government and the politics that surround it egE right to vote, freedom of speech, etc. SOCIAL RIGHTS ! 6re generally considered an obligation a society places upon itself and its citi,ens to ensure to all people some specified standard of living, without discrimination. !hese standards may include the right to a taxpayer'funded education or healthcare. 6nti'discrimination acts have often secured these rights for politically wea%er groups.

NOTE: &uman rights, refers to the concept of human beings as having universal rights or status, regardless of legal 0urisdiction or other locali,ing factors, such as ethnicity and nationality. !he theory of three generations of human rights considers social rights to be >second'generation rights>, and the theory of negative and positive rights considers them to be >positive rights>. 6lmost all rights stem from these. )gE right to life, right to love, liberty and property are 0ust among the examples. ECONOMIC RIGHTS N are rights that gives an individual the duty or functions or even the privilege of owning property, participating and owning a business, any opportunity to improve one"s financial life and improve *uality of life. RIGHTS OF THE ACCUSED ! are a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or ac*uitted. (ights of the accused are generally based on the maxim of >innocent until proven guilty> and are embodied in due (!ocess. $romotion of the rights of the accused sometimes comes into conflict with promotion of victim<s !ights. @ne example of this is conflict between the right of the accused to personally confront his accusers and the law that protects child witnesses from the intimidation that they may feel in the courtroom.

=) AMENDATORY PROCESS N these are special procedures by which a constitution may be amended or changed. 1sually found in the body of the constitution and usually a part of miscellaneous provisions. G. FUNCTIONS The Constitution as an inst!ument of gove!nment in exe!cising (olitical autho!it+ N it ensures that the government acts with political authority and legality. The Constitution as an inst!ument to (!omote social and economic develo(ments N its gears the government to improve and promote social and economic welfare of it"s governed people, it negates social in0ustices and ine*ualities in any given state. The Constitution as the s+mbol of unit+ and values 9cultu!e. t!aditions; of the (eo(le N without the unity of the people it protects the constitution is useless, and its also symboli,es the basic moral values of it"s people, their culture and traditions that"s why it"s important that culture and traditions and even national heritage of the ma0or and minor culture groups in the state are protected. PROCESS OF AMENDMENTS

H.

Constitutions depending on their type can be changed thru the following processesE 6mendment by the )9I+ 6!IA) B@;I thru a 2L3 or P vote of it"s members. !he legislative act also %nown as Constituent assembly o! #con'ass> is one of the three modes in which the -<./ Constitution of the $hilippines could be amended or revised. !he other two modes are via $eopleCs Initiative and Constitutional Convention. !he bicameral $hilippine Congress (+enate and the &ouse of (epresentatives) is in a Constituent assembly mode when they formally convene to propose amendments or revisions to the -<./ constitution5 and under 6rticle MAII of the Constitution of the $hilippines, upon a vote of three'fourths of all its #embers. !he process of amending or revising the -<./ constitution of the $hilippines is popularly %nown to many Filipinos as Charter Change. 6ny proposed amendment or revision to the -<./ Constitution shall only be valid when ratified by the ma0ority of Filipinos in a plebiscite. C@7+!I!1!I@76 C@7A)7!I@7+(C&6(!)( C&679)), a special body made up of people from all wal%s of life and they amend the constitution thru a ma0ority vote. C,NSTIT7TI,NA" C,N%ENTI,N ,$ =C,N'C,N> is one of the three modes in which the >Constitution of the $hilippines could be amended or revised. !he other two modes are via $eopleCs Initiative or >$I> and Constituent 6ssembly or >Con'6ss>. 1nder 6rticle MAII, +ec.3 of the Constitution of the $hilippinesE Q!he Congress may, by a vote of two'thirds of all its #embers, call a constitutional convention, or by a ma0ority vote of all its #embers, submit to the electorate the *uestion of calling such a convention.R !he delegates for Constitutional Convention can be either elected by the people andLor appointed by the $resident. !he process of amending or revising the -<./ Constitution of the $hilippines is popularly %nown to many Filipinos as Charter Change. 6ny proposed amendment or revision to the -<./ Constitution shall only be valid when ratified by the ma0ority of Filipinos in a plebiscite. 6 proposed amendment by the $)@$ )"+ I7I!I6!IA) (thru voting), they cannot propose a revision, as stated in the $hilippine constitution 6rt MAII +ec. 2., which limits the exercise of initiative only to amendments. $eople"s Initiative or >$I> is one of the modes in which the -<./ Constitution of the $hilippines could be amended. !he other two modes are via Constituent 6ssembly or >Con'6ss> and Constitutional Convention or >Con'Con>5 which also allow revisions. NOTE: 1nder 6rticle MAII, +ec.2 of the Constitution, Q6mendments to this Constitution may li%ewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered votes therein.R !he process of amending or revising the -<./ constitution of the $hilippines is popularly %nown to many Filipinos as Charter Change. 6ny proposed amendment or revision to the -<./ Constitution shall only be valid when ratified by the ma0ority of Filipinos in a plebiscite. By a combination of egislature and Constitutional Conventions

II.
1"

CITIZENSHIP AND SUFFRAGE

DEFINITION OF CITIZENSHIP

10

A. CITIZENSHIP # is the membership in a political community (a country) and carries with it rights to political participation5 a person having such membership is called a $%&%'() *+,-.($&". It is largely coterminous with nationality, although it is possible to have a nationality without being a citi,en (i.e., be legally sub0ect to a state and entitled to its protection without having rights of political participation in it)5 it is also possible to have political rights without being a national of a state. In most nations, a non'citi,en is a non'national and called either a fo!eigne! or an alien. # as a membership of an individual in a political community en0oying political, civil rights, and etc. 2" -. /INDS OF CITIZENSHIP: WAYS OF AC0UIRING CITIZENSHIP 8 I$TH ' an individual ac*uires citi,enship at the time of his birth under two general principlesE J7S S,"I atin, means law of the soil. ? herein the citi,enship of the new born child is determined not by his parent"s nationality but on the place of his birth egE +ally had 6merican parents but was born in France in Bus +oli rules she is a French Citi,en by being born in France. I s a right by which nationality or citi,enship can be ac*uired by any individual born in the territory of the related state. 6t the turn of the nineteenth century, nation'states commonly divided themselves between those granting nationality on the grounds of /us soli (France, for example) and those granting it on the grounds of /us sanguinis (right of blood) (9ermany, for example). &owever, most )uropean countries chose the 9erman conception of an >ob0ective nationality>, based on blood, race or language (as in FichteCs classical definition of a nation), opposing themselves to republican )rnest (enanCs >sub0ective nationality>, based on an every'day plebiscite of oneCs appurtenance to his Fatherland. !his non'essentialist conception of nationality allowed the implementation of /us soli, against the essentialist /us sanguinis. &owever, todayCs massive increase of refugees has somewhat blurred the lines between these two antagonistic sources of right. atin, means law of blood. ? herein the citi,enship of the new born child is determine not by place of birth but by his parents either both or one of them. )gE +ally because of her 6merican parents is 6merican even if she was born in France. I s a right by which nationality or citi,enship can be recogni,ed to any individual born to a parent who is a national or citi,en of that state. It contrasts with .,+ +12% ( atin for >right of soil>). 6 t the end of the -<th century, the French'9erman debate on nationality saw )rnest (enan oppose the 9erman conception of an >ob0ective nationality>, based on blood, race or even, as in FichteCs case, language. (enanCs republican conception explains FranceCs early adoption of /us soli. #any nations have a mixture of /us sanguinis and /us soli, including the 1nited +tates, Canada, Israel, 9ermany (as of recently), 9reece, Ireland, and others. 6 part from France, /us sanguinis still is the preferred means of passing on citi,enship in many continental )uropean countries, with benefits of maintaining culture and national identity as well as ethnic homogeneity. !his has been criticised by some on the grounds that, if the only means, it J7S SAN*7INIS

11

can lead to generations of people living their whole lives in the state without being citi,ens of it ' according to 6gamben, thus li%ening their status to an Homo Sace!, deprived of any civil rights. B ut notably unli%e France, some )uropean states (in their modern forms) are in fact post'empire creations within the past century. +tates arising out of the 6ustro' &ungarian and @ttoman )mpires had huge numbers of ethnic populations outside of new boundaries and several had long standing diasporas inamicable to 24th century )uropean nationalism and state creation. In many cases 0us sanguinis rights were mandated by international treaty '' with definitions often imposed by the international community. In other cases minorities were sub0ect to legal and extra'legal persecution and their only sage option was immigration to their ancestral home country. +tates offering 3,+ +4)5,%)%+ rights to those persons and their descendants would include 9reece, !ur%ey and Bulgaria all of whom are obligated by international treaty to extend those rights.

7@!)E @ften times these two principles are used and thus dual nationality and even dualLdouble citi,enships exists (triple citi,enry also exists) while the $hilippine constitution doesn"t prohibit this it also provides that dual allegiance QloyaltyR of citi,ens are inimical to national interests and shall be dealt with by the law. 6rt. IA +ec 8. 7@!)E #ultiple citi,enship, or multiple nationality, is a status in which a person is concurrently regarded as a citi,en under the laws of more than one state. ;ual citi,enship (being a citi,en of two nations), or dual nationality, is by far the most common type of multiple citi,enship, as nothing in international law prevents anyone from establishing citi,enship in two countries. #ultiple citi,enships can be ac*uired because countries use different and not necessarily mutually exclusive criteria to bestow their citi,enship. +ome countries bestow citi,enship automatically at birth to persons with a parent who is one of their nationals (0us sanguinis), or to persons born on their territory (0us soli), or through marriage to persons wedding their nationals (0ure matrimonii). @ther nations (such as 6ustralia) allow the grant of citi,enship to be made to the children of citi,ens under certain circumstances. In addition, citi,enship can be granted through naturali,ation. +ome countries consider multiple citi,enship undesirable and ta%e measures to prevent it5 this may ta%e the form of an automatic loss of a citi,enship if another citi,enship is ac*uired voluntarily (e.g. in Bapan or +ingapore) or criminal penalties for exercising another citi,enship (e.g. carrying a foreign passport in +audi 6rabia). @thers may allow a citi,en to have any number of nationalities. &owever, since each country decides for itself who its citi,ens are, based solely on its own laws and generally without regard for the laws of other countries, it is *uite possible for a 12

given individual to be considered a citi,en by two or more countries even if some or all of these countries forbid dual or multiple citi,enship. @n the other hand, some countries consider multiple citi,enship desirable because it increases opportunities for their citi,ens to compete and build contacts globally, andLor have ta%en active steps towards permitting multiple citi,enship in recent years (e.g. 6ustralia since 6pril =, 2442 J2K5 India, as noted below, has introduced a form of overseas citi,enship but this stops well short of full dual citi,enship).#any countries, even those which >permit> dual or multiple citi,enship, do not >recogni,e> dual or multiple citi,enship under their lawsE individuals are treated either as citi,ens of that country or not, and their citi,enship with respect to other countries is considered to have no bearing. !his can mean, for example, that consular officials abroad may not have access to their citi,ens if they also hold local citi,enship (eg. Iran,J #exico, many 6rab countries, former +oviet republics). +ome countries may provide access for consular officials as a matter of courtesy, but do not accept any obligation to do so under international consular agreements. !he right of countries to act in this fashion is protected via the #aster 7ationality (ule. In popular discourse, reference to countries that >recogni,e> multiple citi,enship may refer only to the lac% of any specific statute forbidding multiple citi,enship (leaving aside the difficulties of enforcing such statutes). 2. J7-ICIA" -ECISI,N N filing a petition before the (!C and ma%ing a ;eclaration of Intent to become a Filipino, in which the court will study his petition and oath and then if *ualified be approved and be naturali,ed. NAT7$A"I?ATI,N ' refers to an act whereby a person ac*uires a citi,enship different from that personCs citi,enship at birth. ' the process of ma%ing an alien a citi,en and giving himLher the rights or privileges of a citi,en. (in the $hilippines the process of naturali,ation is under the 0udiciary courts 0urisdiction.)

3.

7@!)E 7aturali,ation is most commonly associated with economic migrants or refugees who have immigrated to a country and resided there as aliens, and who have voluntarily and actively chosen to become citi,ens of that country after meeting specific re*uirements. In general, basic re*uirements for naturali,ation are that the applicant hold a legal status as a full'time resident for a minimum period of time and that the applicant promise to obey and uphold that countryCs laws, to which an oath or pledge of allegiance is sometimes added. +ome countries also re*uire that a naturali,ed national must renounce any other citi,enship that he currently holds, forbidding dual citi,enship, but whether this renunciation actually causes loss of the personCs original citi,enship will again depend on the laws of the countries involved. =. )A$$IA*E N according to the $hilippine Constitution 6 Filipino male or female being married to a foreign spouse would not ma%e himLher loss hisLher citi,enship, this is retained unless by the act of omission which will be deemed by law as an act of having renounced one"s citi,enship and be deemed an alien. If a foreigner wife is married to a Filipino husband that wife ipso factoLautomatically a Filipino citi,en provided that she can lawfully naturali,ed, which means she has no dis*ualifications to become a Filipino. "E*IS"ATI%E ACTI,N N citi,enship may be lost or ac*uired thru a legislative process, and in a manner provided for by the law and are under general authority of the Congress. WAYS OF LOSSING ONE7S CITIZENSHIP

8.

6"

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If one can apply and ac*uire citi,enship one can also loss one"s citi,enship and it can also be re'ac*uired. DENATURALIZATION 6 n 6lien can be denaturali,edLhis citi,enry revo%ed by the Courts if heLshe is found doing the following actsE ($hilippines) -. illegally or fraudulently ac*uiring his certificate of naturali,ation. 2. within five residence of ac*uiring citi,enship he returned to his home country and established a permanent residence their. 3. and etc. I s the reverse of naturali,ation, when a state deprives one of its citi,ens of his or her citi,enship. From the point of view of the individual, denaturali,ation means >revocation> or >loss> of citi,enship. ;enaturali,ation can be based on various legal 0ustifications. !he most severe form is the >stripping of citi,enship> when denaturali,ation ta%es place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citi,enship, voluntary naturali,ation in another country will lead to an automatic loss of the original citi,enship5 the language of the law often refers to such cases as >giving up oneCs citi,enship> or (implicit) renunciation of citi,enship. 1nli%e these two cases, which affect also native'born citi,ens, naturali,ed citi,ens can lose their citi,enship by an annulment of naturali,ation, also %nown as >administrative denaturali,ation> where the original act of naturali,ation is found to be invalid, for instance due to an administrative error or if it had been based on fraud (including bribery). REPATRIATION Is the reac*uisition of one"s original citi,enship effected by mere ta%ing of necessary oath of allegiance to the (epublic of the $hilippines and the registration in the appropriate civil registry, involves purely executiveLadministrative proceedings. !hose who are given (epatriationE -. Filipino women who lost their citi,enship by marriage to an alien, those marriages celebrated from -</3'-<./ 2. 7atural born citi,en who lost their citi,enship thru economic and political necessity. 3. Filipino women who lost their citi,enship by marriage to an alien, will have repatriation according to (6 .-/- by filing a petition of repatriation with the +pecial Committee on 7aturali,ation and pay a doc%et fee of $8444.44 pesos.

B. SUFFRAGE AND THE ELECTORAL PROCESS 1. DEFINITION 6. SUFFRAGE/RIGHT TO VOTE # as the right conferred by law to a certain designated group of people who are entitled to select their public officers and to decide fundamental public issues eg. (atification of the constitution amendments. !he body of people who exercise these rights 14

are called electorate and it is only from their mandate that their chosen representatives in government can exercise political authority. # from the atin suffragium8 meaning >vote> is the civil right to vote, or the exercise of that right. In that context, it is also called (olitical f!anchise or simply the f!anchise. In most democracies citi,ens or sub0ects above the voting age can normally vote in its elections. (esident aliens can vote in some countries and in others exceptions are made for citi,ens of countries with which they have close lin%s. (e.g. some members of the Commonwealth of 7ations, and the members of the )uropean 1nion). 2. ORIGINS OF SUFFRAGE +uffrage was a political institution that started from the 6ncient 9ree%s, 6thens 9reece, in it"s ancient city state where their citi,ens meet regularly and vote for their leaders and on ma0or issues. 1niversal suffrage is the term used to describe a situation in which the right to vote is not restricted by race, gender, belief or social status. It typically does not extend a right to vote to all residents of a region5 distinctions are fre*uently made in regard to citi,enship, age, and occasionally mental capacity or criminal convictions. !he short'lived Corsican (epublic (-/88'-/:<) was the first country to grant limited universal suffrage for all inhabitants over the age of 28. !his was followed by other experiments in the $aris Commune of -./- and the island republics of !avolara (-..:'-.<<) and Franceville (-..<), and then by 7ew Healand in -.<3. Finland was the first )uropean country to grant universal suffrage to its citi,ens in its -<4: elections, and the first country in the world to ma%e every citi,en eligible to run for parliament. ?omenCs suffrage is the right of women to vote on the same terms as men. !his was the goal of the suff!agists and the >+uffragettes>. !he first ma0or country to give women the vote in national elections was 7ew Healand in -.<3, although various states and territories in 6ustralia and the 1nited +tates had given women the vote prior to this. !he first ma0or country to give women the right to stand for election as well as to vote was 6ustralia in -<42 and the first ma0or )uropean country was Finland in -<4: and the rests of the other countries followed. 6lthough in most 6sian countries women were given the right to vote the same time as men.

6. THEORIES OR PRINCIPLES BEHIND THE VOTE 6ccording to ?. B. +hepard there are five basic theories behind the origin or the principles behind the ac*uirement of suffrage. 6nd these are the followingE -. +uffrage as an attribute of Citi,enship N principle adopted by the 9ree%s, wherein only citi,ens of the city'state had the right to vote and, which emphasi,es that citi,enship is an important re*uirement for the right to vote. 2. +uffrage as a Aested $rivilege N this principle denotes that only the rich who owned property, also %nown as the landed gentry, and thus the vote is only vested on the basis of economic status, which is a principle not applicable in the $hilippines.

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3. +uffrage as an 6bstract or 7atural (ight N this principles adheres that the right to suffrage is inherent in every human being, and is a right endowed to a person by 9od otherwise %nown as a higher being. =. !he )thical !heory N the exercise of suffrage in this theory ma%es man an asset to his community for its main ob0ective is to improve not only his personality but also mold him in the matrix of responsible citi,enship. 8. +uffrage as a 9overnment Function N prepositions that the right to suffrage is a function of government, for it is the government who prescribes the *ualifications to legible for the privilege of voting. 4. 0UALIFICATIONS FOR THE RIGHT OF SUFFRAGE !he following are the *ualifications for the right to suffrageE CITIZENSHIP N re*uires for a person to be able to practice his right to suffrage must be a citi,en of that country he intends to participate in. may be a natural born or even a naturali,ed citi,en. !his is one of the re*uirements for Filipino voters. 6liens aren"t allowed to vote in the $hilippines. RESIDENCE N re*uires for the voter to be a legali,ed residence of a certain electoral area or in a place where he proposes to vote within a state. ).g. a #anileSo has to vote in #anila. !his legal residence is a necessary re*uirement for preparations before elections such as in registration for voters. !his is also one important re*uirement for Filipino voters. ?herein the re*uirement is @ne year residence in the $hilippines and : months in the area in which heLshe intends to vote. AGE N !he voter must be of ma0ority in age, which is the age of maturity, this is a controversial re*uirement for each constitution is different in assessing this age of ma0ority. In the $hilippines the age of ma0ority and voting age is -. years old. LITERACY N In most democracies a literate(able to read and write) voter is better than an illiterate one for a voter must be literate enough to be informed about the basic socio'politico'economic issues that happens around him to be able to vote more wisely and responsibly. Before in the $hilippines literacy was one of the re*uirements for the right to vote it was abolished by the -</3 Constitution and followed after by the -<./ Constitution, for it stated that a literacy re*uirement would be completely biased to some Filipino citi,ens who are illiterate and was not educated, and they have defended that illiterate people can also have an awareness of socio'politico'economic issues and that they can vote with the help of family members who are literate and can write their chooses of candidates for them. NOT DIS0UALIFIED BY LAW ' another special re*uirement for the $hilippine voters, is that they are not lunaticLinsaneL do not have mental incapacity to ma%e sound decisions for himself, and also they are not convicted of certain crimes only those criminals pardoned by the $resident can exercise their right to suffrage. REGISTERED VOTER ! 6lso a ma0or re*uirement for Filipino voters before they vote is that they have been registered as a *ualified voter in the area of their residency to vote for in that area of locality. 6nd that they have been listed in the C@#) )C registry of voters.

III. THE MEDIA8 PROPAGANDA AND THE DEVELOPMENT OF PUBLIC 16

OPINION
I. DEFINITION OF TERMS 6. PROPAGANDA # from modern atinE CpropagareC, literally >extending forth>. # a techni*ue that manipulates behavior and influences the opinions of a number of individuals by the use of words, persons, ob0ects, pictures, music, stereotypes and etc. !his involves a processE The propagandists and his message, the technique and media used, and the subjects exposed to the influence. # Is a concerted set of messages aimed at influencing the opinion or behavior of large numbers of people. Instead of impartially providing information, propaganda in its most basic sense presents information in order to influence its audience. !he most effective propaganda is often completely truthful, but some propaganda presents facts selectively to encourage a particular synthesis, or gives loaded messages in order to produce an emotional rather than rational response to the information presented. !he desired result is a change of the cognitive narrative of the sub0ect in the target audience. 1. THE BEGGININGS OF PROPAGANDA !he term originates with the Sac!ed Cong!egation fo! the s(!eading of the &aith (sacra congregatio christiano nomini propagando or Congregatio de $ropaganda Fide), which was founded by $ope 9regory MA in -:22, shortly after the start of the !hirty IearsC ?ar. !his department of the pontifical administration was charged with the spread of Catholicism and with the regulation of ecclesiastical affairs in mission territory. !he atin stem propagationem' (from pro' >forth> T Upag', root of pangere >to fasten>), conveys a sense of >that which ought to be spread> and does not refer to misleading information. !he modern sense dates from ?orld ?ar I, when the term evolved to be mainly associated with politics, and is still in used today. 2. /INDS/TYPES OF PROPAGANDA W9%&( :;1:454)<4 # generally comes from an openly identified source, and is characteri,ed by gentler methods of persuasion, such as standard public relations techni*ues and one'sided presentation of an argument. 6nd the information given are mostly based on fact and the truth. B24$= :;1:454)<4 # is identified as being from one source, but is in fact from another. !his is most commonly to disguise the true origins of the propaganda, be it from an enemy country or from an organi,ation with a negative public image. !he information given are mostly based on lies or manipulated truths. )xE 9ossips of a negative nature as to be libelous in content and nature. G;(> :;1:454)<4 ' is propaganda without any identifiable source or author. 6nd is usually a mixture of information based on both truthLfacts and lies. )xE 9ossips and &eresies

6. TECHNI0UES USED IN PROPAGANDA

17

!he techni*ues used are a part of debate or argumentation principles and the sound base of the discipline of @9ICE A< H1?%)(?E 6 atin phrase which has come to mean attac%ing your opponent, as opposed to attac%ing their arguments. )xE you attac% the reputation of the person not malign what they are doing. A::(42 &1 4,&91;%&>E 6ppeals to authority cite prominent figures to support a position, idea, argument, or course of action. A::(42 &1 @(4;E 6ppeals to fear see% to build support by instilling anxieties and panic in the general population, for example, Boseph 9oebbels exploited !heodore FaufmanCs *e!man+ )ust Pe!ish@ to claim that the 6llies sought the extermination of the 9erman people. A::(42 &1 P;(.,<%$(E 1sing loaded or emotive terms to attach value or moral goodness to believing the proposition. For example, the phraseE >6ny hard' wor%ing taxpayer would have to agree that those who do not wor%, and who do not support the community do not deserve the communityCs support through social assistance.> A;5,?()&,? 4< )4,+(4?E !his argument approach uses tireless repetition of an idea. 6n idea, especially a simple slogan, that is repeated enough times, may begin to be ta%en as the truth. !his approach wor%s best when media sources are limited and controlled by the propagator. B4)<A451)E Bandwagon and >inevitable'victory> appeals attempt to persuade the target audience to 0oin in and ta%e the course of action that >everyone else is ta%ing.> Inevitable victoryE invites those not already on the bandwagon to 0oin those already on the road to certain victory. !hose already or at least partially on the bandwagon are reassured that staying aboard is their best course of action. Boin the crowdE !his techni*ue reinforces peopleCs natural desire to be on the winning side. !his techni*ue is used to convince the audience that a program is an expression of an irresistible mass movement and that it is in their best interest to 0oin. B24$=#4)<#W9%&( @4224$>E $resenting only two choices, with the product or idea being propagated as the better choice. (e.g., >Iou are either with us, or you are with the enemy>) B(4,&%@,2 :(1:2(E !he type of propaganda that deals with famous people or depicts attractive, happy people. !his ma%es other people thin% that if they buy a product or follow a certain ideology, they too will be happy or successful. (!his is more used in advertising for products, instead of political reasons) B%5 L%(E !he repeated articulation of a complex of events that 0ustify subse*uent action. !he descriptions of these events have elements of truth, and the >big lie> generali,ations merge and eventually supplant the publicCs accurate perception of the underlying events. 6fter ?orld ?ar I the 9erman +tab in the bac% explanation of the cause of their defeat became a 0ustification for 7a,i re' militari,ation and !evanchist aggression. C1??1) ?4)E !he >Cplain folks'> or >common man> approach attempts to convince the audience that the propagandistCs positions reflect the common sense of the people. It is designed to win the confidence of the audience by communicating in the common manner and style of the target audience. $ropagandists use ordinary language and mannerisms (and clothe their message in face'to'face and audiovisual communications) in attempting to identify their point of view with that of the average person. For example, a propaganda leaflet may ma%e an argument on a macroeconomic issue, such as unemployment insurance benefits, using everyday termsE >given that the country has little money during this recession, we should stop paying unemployment

18

benefits to those who do not wor%, because that is li%e maxing out all your credit cards during a tight period, when you should be tightening your belt.> D(?1)%'%)5 &9( ()(?>E #a%ing individuals from the opposing nation, from a different ethnic group, or those who support the opposing viewpoint appear to be subhuman (e.g., the Aietnam ?ar'era term >goo%s> for 7 F soldiers), worthless, or immoral, through suggestion or false accusations. D%;($& 1;<(;E !his techni*ue hopes to simplify the decision ma%ing process by using images and words to tell the audience exactly what actions to ta%e, eliminating any other possible choices. 6uthority figures can be used to give the order, overlapping it with the 6ppeal to authority techni*ue, but not necessarily. !he 1ncle +am >I want you> image is an example of this techni*ue. E,:91;%4E !he use of an event that generates euphoria or happiness, or using an appealing event to boost morale. )uphoria can be created by declaring a holiday, ma%ing luxury items available, or mounting a military parade with marching bands and patriotic messages. D%+%)@1;?4&%1)E !he creation or deletion of information from public records, in the purpose of ma%ing a false record of an event or the actions of a person or organi,ation, including outright forgery of photographs, motion pictures, broadcasts, and sound recordings as well as printed documents. F245#A4B%)5E 6n attempt to 0ustify an action on the grounds that doing so will ma%e one more patriotic, or in some way benefit a group, country, or idea. !he feeling of patriotism which this techni*ue attempts to inspire may not necessarily diminish or entirely omit oneCs capability for rational examination of the matter in *uestion. G2%&&(;%)5 5()(;42%&%(+E 9littering generalities are emotionally appealing words applied to a product or idea, but which present no concrete argument or analysis. 6 famous example is the campaign slogan >Ford has a better ideaV> I)&()&%1)42 B45,()(++E 9eneralities are deliberately vague so that the audience may supply its own interpretations. !he intention is to move the audience by use of undefined phrases, without analy,ing their validity or attempting to determine their reasonableness or application. !he intent is to cause people to draw their own interpretations rather than simply being presented with an explicit idea. In trying to >figure out> the propaganda, the audience foregoes 0udgment of the ideas presented. !heir validity, reasonableness and application may still be considered. O-&4%) <%+4::;1B42 or R(<,$&%1 4< H%&2(;,?E !his techni*ue is used to persuade a target audience to disapprove of an action or idea by suggesting that the idea is popular with groups hated, feared, or held in contempt by the target audience. !hus if a group which supports a certain policy is led to believe that undesirable, subversive, or contemptible people support the same policy, then the members of the group may decide to change their original position. !his is a form of Bad ogic, where a is said to e*ual M, and b is said to e*ual M, therefore, a W b. OB(;+%?:2%@%$4&%1)E Favorable generalities are used to provide simple answers to complex social, political, economic, or military problems. 0,1&(+ 1,& 1@ C1)&(C&E +elective editing of *uotes which can change meanings. $olitical documentaries designed to discredit an opponent or an opposing political viewpoint often ma%e use of this techni*ue. R4&%1)42%'4&%1)E Individuals or groups may use favorable generalities to rationali,e *uestionable acts or beliefs. Aague and pleasant phrases are often used to 0ustify such actions or beliefs. R(< 9(;;%)5LC9(A-4$$4 D(@()+(E $resenting data or issues that, while compelling, are irrelevant to the argument at hand, and then claiming that it validates the argument.

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R(:(&%&%1)E !his type of propaganda deals with a 0ingle or word that is repeated over and over again, thus getting it stuc% in someone"s head, so they can buy the product. !he >(epetition> method has been described previously. S$4:(514&E 6ssigning blame to an individual or group, thus alleviating feelings of guilt from responsible parties andLor distracting attention from the need to fix the problem for which blame is being assigned. S2154)+E 6 slogan is a brief, stri%ing phrase that may include labeling and stereotyping. 6lthough slogans may be enlisted to support reasoned ideas, in practice they tend to act only as emotional appeals. @pponents of the 1+Cs invasion and occupation of Ira* use the slogan >blood for oil> to suggest that the invasion and its human losses was done to access Ira*Cs oil riches. @n the other hand, >haw%s> who argue that the 1+ should continue to fight in Ira* use the slogan >cut and run> to suggest that it would be cowardly or wea% to withdraw from Ira*. +imilarly, the names of the military campaigns, such as >enduring freedom> or >0ust cause>, may also be regarded to be slogans, devised to influence people. S&(;(1&>:%)5 1; N4?( C422%)5 or L4-(2%)5E !his techni*ue attempts to arouse pre0udices in an audience by labeling the ob0ect of the propaganda campaign as something the target audience fears, hates, loathes, or finds undesirable. For instance, reporting on a foreign country or social group may focus on the stereotypical traits that the reader expects, even though they are far from being representative of the whole country or group5 such reporting often focuses on the anecdotal. T(+&%?1)%42E !estimonials are *uotations, in or out of context, especially cited to support or re0ect a given policy, action, program, or personality. !he reputation or the role (expert, respected public figure, etc.) of the individual giving the statement is exploited. !he testimonial places the official sanction of a respected person or authority on a propaganda message. !his is done in an effort to cause the target audience to identify itself with the authority or to accept the authorityCs opinions and beliefs as its own. T;4)+@(;E 6lso %nown as A++1$%4&%1), this is a techni*ue of pro0ecting positive or negative *ualities (praise or blame) of a person, entity, ob0ect, or value (an individual, group, organi,ation, nation, patriotism, etc.) to another to ma%e the second more acceptable or to discredit it. It evo%es an emotional response, which stimulates the target to identify with recogni,ed authorities. @ften highly visual, this techni*ue often utili,es symbols (for example, the +wasti%a used in 7a,i 9ermany, originally a symbol for health and prosperity) superimposed over other visual images. 6n example of common use of this techni*ue in 6merica is for the $residentCs image to be overlayed with a swasti%a by his opponents. U)+&4&(< 4++,?:&%1)E !his techni*ue is used when the propaganda concept that the propagandist intends to transmit would seem less credible if explicitly stated. !he concept is instead repeatedly assumed or implied. V%;&,( A1;<+E !hese are words in the value system of the target audience which tend to produce a positive image when attached to a person or issue. $eace, happiness, security, wise leadership, freedom, >!he !ruth>, etc. are virtue words. In countries such as the 1.+. religiosity is seen as a virtue, ma%ing associations to this *uality affectively beneficial. +ee >>!ransfer>>. B. PUBLIC OPINION N in political science the study of public opinion is focused on the analysis of interaction between citi,en and groups 8 and between citi,en and the state. It is in this interaction that people learn to form their own political opinions based on information and impressions garnered from the world around them. ' !he $eople express their views on prevailing issues of public policy, on certain government actions, on the manner the national leadership exercises the political authority and other politico'socio' 20

economic'environmental'cultural problems that are brought to their attention. ' a multi'individual situation in which individuals are expressing themselves as favoring or opposing some definite condition, person, or proposal of widespread importance, in such a proportion of number, intensity, and constancy as to give rise to the probability of affecting action directly or indirectly towards the sub0ect concerned. By Floyd 6llport $sychologist. P7 "IC ,PINI,NS E**ININ*S: !he term public opinion may be traced to the 6ncient times mainly used in 67CI)7! 9())F CI!I +!6!)+ and the massive (oman )mpire, wherein the democratic type of government used in 6thens, 9reece which allowed it"s citi,ens to discuss everyday political issue en masse in public places and s*uares, and even decide on this issues thru a vote or a consensus. ?hile in the (@#67 )#$I(), the theater became the symbol of free speech and expression, and a massive wave of ideas and expressions were exchanged. 6 crucible of ideas and opinions they called consensus (o(uli. It was during the #I;; ) 69)+ !@ !&) -.!& C)7!1(I that scholars and philosophers coined the term vox (o(uli vox dei which means the voice of the people is the voice of 9od. 6nd it emphasi,ed the importance of the opinions and views of the people in shaping the political society around them. 6t the present time public opinions plays a big role in society and it"s government and politics. Both in local and foreign affairs of each and every country that exists today. C. MASS MEDIA # is a term used to denote a section of the media specifically envisioned and designed to reach a very large audience such as the population of a nation state. It was coined in the -<24s with the advent of nationwide radio networ%s, mass'circulation newspapers and maga,ines, although mass media was present centuries before the term became common. !he term :,-2%$ ?(<%4 has a similar meaningE it is the sum of the public mass distributors of news and entertainment across mediums such as newspapers, television, radio, broadcasting, which re*uire union membership in large mar%ets such as 7ewspaper 9uild and 6F!(6, X text publishers. !he concept of mass media is complicated in some internet media as now individuals have a means of potential exposure on a scale comparable to what was previously restricted to select group of mass media producers. !hese internet media can include personal web pages, podcasts and blogs. 1. THE USES OF MASS MEDIA #ass media can be used for various purposesE 6dvocacy, used for economic, social, political, cultural and environmental concerns. !his can include advertising, mar%eting, propaganda, public relations, and political communication. )nrichment and education. )ntertainment, traditionally through performances of acting, music, and sports, along with light reading5 since the late 24th century also through video and computer games. Bournalism' news and blogging. $ublic service announcements.

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Information dissemination for the formation of a public opinions of the people in terms of politico'socio'cultural'economic'environmental concerns

2. E AMPLES OF MASS MEDIA USED IN PROPAGANDA AND IN SHAPING PUBLIC OPINION: J,7$NA"IS) is a discipline of collecting, analy,ing, verifying, and presenting information regarding current events, trends, issues and people. !hose who practice 0ournalism are %nown as 0ournalists. 7ews'oriented 0ournalism is sometimes described as the >first rough draft of history> (attributed to $hil 9raham), because 0ournalists often record important events, producing news articles on short deadlines. ?hile under pressure to be first with their stories, news media organi,ations usually edit and proofread their reports prior to publication, adhering to each organi,ationCs standards of accuracy, *uality and style. #any news organi,ations claim proud traditions of holding government officials and institutions accountable to the public, while media critics have raised *uestions about holding the press itself accountable. $1B IC () 6!I@7+ is the art and science of managing communication between an organi,ation and its %ey publics to build, manage and sustain its positive image. )xamples includeE 7on'profit organi,ations, including schools and universities, hospitals, and human and social service agencies, use public relations in support of awareness programs, fund' raising programs, staff recruiting, and to increase patronage of their services. $oliticians use public relations to attract votes and raise money, and, when successful at the ballot box, to promote and defend their service in office, with an eye to the next election or, at career"s end, to their legacy. )lectronic media and print media includeE Broadcasting, in the narrow sense, for radio and television. Aarious types of discs or tape. In the 24th century, these were mainly used for music. Aideo and computer uses followed. Film, most often used for entertainment, but also for documentaries. Internet, which has many uses and presents both opportunities and challenges. Blogs and podcasts, such as news, music, pre'recorded speech and video) $ublishing, in the narrow sense, meaning on paper, mainly via boo%s, maga,ines, and newspapers. Aideo games, which have developed into a mass form of media since devices such as the $lay+tation 2 and the more recent ?ii broadened their use. II. THE MEDIA AND PROPAGANDA7S ROLE IN SHAPING PUBLIC OPINION 6s stated above information is vital in the formation of a person"s public opinion and thus both propaganda and media which are the tools of trade for information to be disseminated to the public are important in shaping a person"s views and opinions for the environment and the world around him.

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!hus the government"s propaganda machine and the #edia must be responsible enough to bring true facts and figures when they share information to the public, to facilitate a better interrelationship between people and the government when it comes to the formation of public opinion, which greatly affects morale and performance of the government, and the leaders that move it. !he government has a role to be honest about it"s transparency when it comes to it"s day to day dealings and they have the right to classify information if it"s sensitive and will bring harm to both public and the state. ?hile the media has a duty as the main source of information for the public and private usage to be responsible media persons and to balance the need for being media sensationalists to sell their networ%s with the need to give vital, ob0ective, factual and non'sensational hard core information as to not influence the formation of a persons public opinion. 6s in history the facts and news must be presented in all it"s facets and the good with the bad included. 'ad'infinitum'

+ourcesE Fay awson &uman $olity &ector +. ;e eon"s Constitution and 9overnment 6gnes (ivera"s Constitution and 9overnment Florentino 6yson"s Fundamentals of $olitical +cience

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