Politics and Governance (w/ Philippine Constitution)

INTRODUCTORY PART
1. Meaning of Political Science, Politics and Governance
Political Science in its traditional definition refers to systematic
study of the state in all its elements, aspects, and relationships. The
term political is taken from the Greek word polis, meaning city or a
State. Science, on the other hand, is derived from the Latin word
scire, meaning to know and ciencia, which means knowledge or
study.
Politics, according to the 1998 New Oxford Dictionary of English,
are activities associated with the governance of a country, especially
the struggle between parties hoping to achieve power.
Governance, on the other hand, is defined as the action or
manner of governing. Governance is the means of conducting the
policy, actions, and affairs of a state.

2. Scope of Political Science

A. Political Theory and Methodology
The entire body of doctrines relating to the origin, form, behavior
and purposes of the state are dealt within the study of political
theory. (i.e. political philosophy)
B. Public Law
The organization of governments, the limitations upon
government authority, the powers and duties of governmental
offices and officers, and the obligation of one state to another are
handled in the study of public law in contradiction to the rules of
private law, which governs the relations among individuals. (i.e.
political law)
C. Public Administration
The attention is focused upon the methods and techniques used
in the actual management of state affairs by executive, legislative,
and judicial branches of the government.

D. History
The political scientist frequently adopts a historical approach
and employs knowledge of the past when he seeks to interpret
present and probable development in political phenomena.
E. Economics

In 19th century, political science and economics (the study of the

production, distribution, conservation, and consumption of wealth)
were merged into one another known as political economy. Today,
these fields are jointly concerned with facts in relation with the
economic conditions that affect the organization, development, and
activities of the state. Hence, political scientists adopt an economic
approach to interpret matters involving public financial policies and
government regulation of business.
F. Sociology and Anthropology
Sociologist (who specializes in the study of society as a whole)
and anthropologist (who studies mankind in relation to the physical,
social and cultural development) all are deeply concerned with the
origins and nature of social control and governmental authority with
the abiding influences of race and culture upon society, and with
the patterns of collective human behavior.
G. Psychology
The political scientist as well as psychologist promotes studies of
the mental and emotional processes which motivate the political
behavior of individuals and groups. One of the many topics which
political scientist handles from a psychological approach is that of
public opinion.
H. Ethics

The political scientist considers the branch of philosophy called ethics.

It involves systematizing, defending and recommending concepts of right and wrong
conduct. It studies the moral behavior in humans and how one should act.

3. Functions of Political Science

A. To discover the principles that should be adhered to in public affairs
and to study the operations of government in order to demonstrate
what is good, to criticize what is bad or inefficient, and to suggest
improvements.
B. Its finding and conclusions may be of immense practical use to
constitution-makers, legislators, executives and judges who need
models or norms that can be applied to immediate situations.
C. The study of political science deals with the problems of social
welfare, government economic programs, international cooperation,
and a wide-range of other matters that are urgent concern to public
officials and private citizens.

4. Goals in the Study of Political Science

Casual observation would indicate that political science as a
discipline is getting a sizeable share of the student population in any
social science division or department of a particular college/university.

This is because most political science courses are viewed as

essential parts of liberal education. In effect, political science is
important in the pursuit of college degrees, providing students a
broader view of the complexities of modern government and politics.
Also, it should be made clear that the primary goal of the political
science curriculum is to educate regarding citizenship, which is a must
in every country. It aims to equip students with efficiency in
discharging their duties and obligations as citizens. Moreover, political
science seeks to impart knowledge and understanding of government
to students, especially on how it operates and what factors or forces
are behind particular issues and policies.

CONCEPT AND NATURE OF STATE AND GOVERNMENT

1. Meaning of State
The state, as a concept of political science and constitutional law,
is defined as a community of persons who are more or less
numerous, permanently occupying a definite portion of territory,
independent of external control, and possessing an organized
government to which the great bodies of inhabitants render habitual
obedience.
According to this definition, there are four essential elements in
order for a state to exist; these are:
A. People. The first and most essential element of the state. The
people comprise the population or inhabitants of a state. The
number of people in a state may vary from a few thousand to
more than a billion. The smallest state is the Vatican in Rome,
Italy while the largest is the Peoples Republic of China. Political
unity is an important factor to be considered by the people of a
particular state.
The Philippines is now estimated to have a population of
105,720,644 (July 2013 estimate).

B. Territory. Every state must have territory which consists of the

land within its boundaries, the airspace above the land, bodies of
water inland, and the twelve miles of sea beyond its coastlines.
The territory may vary from a mere dot on the map to a
continent-sized area. The physical and legal existence.
Unfortunately, there are groups of people today who are
stateless because they do not have a territory of their own.
C. Government. This is the machinery of the state necessary to
maintain its existence and carry on its functions. It is the
essential instrument that pursues its will, purpose, and
objectives. It is an institution by which societys needs for social
services are satisfied. The government is not synonymous with
the state because it consists of only a few persons while the
state comprises the entire body of people. Government may

change from time to time but the state is permanent as long as it

is able to retain all its essential elements.
D. Sovereignty. This is the fourth element of the state which means
supreme authority in internal matters and freedom from foreign
control. Internal sovereignty implies complete authority to rule
over the people within the state, while its external sovereignty
means that no outside state or power exercises control over it.

CONCEPT OF NATION
1.

Nation is a group of people bound together by common

language, tradition, culture and aspiration, enjoying a
subjective sentiment of unity or consciousness of kind. It is a
group of men resulting from common affinities destined to be
permanent, occupying a definite territory.

2.

The basic elements of nation are: people, territory,

government, government, common aspirations or sentiments,
race, religion, customs language, habits and traits.

DISTINCTION BETWEEN GOVERNMENT AND STATE

Government
Includes only relative small
proportion of the population.
May be completely obliterated or
destroyed (i.e. by revolution,
coup
dtat,
etc.)
without
destroying the existence or
rights of the state.

State
Includes the entire community of
persons.
Continuing, virtually permanent
entity.
However, state may disappear
as a result of conquest of the
other
state.
(i.e.
Spanish
Colonization,
Japanese
Occupation)

DISTINCTION BETWEEN NATION AND STATE

Nation
State
Larger elements such as: people, Fewer elements such as: people,
territory, government, common
territory, government and
aspirations, race, religion,
sovereignty.
customs, language, habits and
traits.
Racial or ethical concept
Legal or political concept

One nation in one state is termed mono-national state (i.e. the

Philippines, Japan).
There may be several nations within a single state (i.e.
Switzerland).
There are several states within a single nation (i.e. Arab Nations
with more than 50 states (i.e. Egypt, Jordan, Iraq, Kuwait, Saudi
Arabia, United Arab Emirates, etc.).
There are several nations in several states which is called multinational states (i.e. United States of America and Russia).

PURPOSE AND NECESSITY OF THE STATE AND ITS GOVERNMENT

1. Domestic peace and order

The state must ensure internal peace and order for its
citizens.
It must uphold the safety of the people within the state
against criminals and lawless elements.
Provides laws to regulate the peoples conduct and to set
an effective system of law enforcement.

2. National Security

The state must protect and preserve the independence of

the country.
(Like for instance, the state maintains strong armed forces
for defense, and goes to war and kill just to protect its
citizens.
It is also authorized to forge military alliances/ agreements
with other states in order to promote collective security.

3. Blessings of liberty and justice

It is the objective of the state to secure liberty and justice

for its people.
It is the duty of the state to ensure that the people are free
to enjoy their rights and is able to dispense legal and social
justice to everybody.

4. Promotion of social justice and general welfare

It is the duty of the state to promote the general welfare of

the people such as: educational, cultural, health and
recreational services, relief operations, housing projects
and others.

5. Promotion of public morality

The government is concerned with moral standards and

value judgments.
It should set a high standard of morality especially for the
public officials.

6. Economic Development

It is the duty of the state to promote a climate that would

be beneficial to business and other economic activities.
Such as the conservation of our ecology, natural resources,
promotion of industry and commerce, improvement of
transportation and communication, economic planning and
coordination.

FORMS OF GOVERNMENT
1. Monarchy. It is a form of government where the ruler is a monarch
who holds the throne by hereditary right and by divine right.
2 Kinds of Monarchy
Absolute Monarchy
Limited Monarchy
The ruler wields absolute
Monarch shares power with the
executive, legislative, and
peoples elected officials. He/she
judicial powers.
governs in accordance with the
law, especially the constitution.

Note: At present time, only the limited monarchy is extant. It still

exists in some countries such as; United Kingdom, Japan, Thailand,
Saudi Arabia and Jordan.
2. Dictatorship or Totalitarian. This is a form of government ruled
by a person not coming from a royal family but from the middle
class or from the common people. In times of threat or emergency,
the people sometimes bestow unrestricted powers to their leader
supposedly on a temporary basis only. Oftentimes though, the
ambitious dictator finds a way to remain in office and maintain
power. Adolf Hitler, for example, promoted himself as the
champion and protector of the German people and successfully
convinced them that he alone can lead them to greatness.
Dictatorship becomes totalitarian when everything is controlled by
the dictator. In other words, totalitarianism is the most extreme
type of dictatorship.
3. Aristocracy. This is a popular form of government which is ruled
by a few. It is derived from the Greek words aristo which means
best and kratia or kratus which means rule. Aristocracy is a
government by the best members of the community who are the
aristocrats, presumably men of the highest intelligence and
integrity.
4. Oligarchy. This is another form of government which is ruled by a
few. The oligarchs are different from the aristocrats because they
do not come from the nobility unlike the latter. Oligarchs believe
that the most important requisites to power are education, good
social position and wealth. Generally, the oligarchs serve their own
vested interest by using government to promote and protect their
wealth and influence. This is the reason why the poor detests an
oligarch form of government.
5. Democracy. Is derived from the Greek words demos which
means people, and kratia or kratus, which means rule.
Therefore, it means that democracy is a government by the
people, of the people and for the people, as stated by Abraham
Lincoln.
Traditionally, democracy is classified as:
Pure Democracy. Is one where the will of state is expressed
directly and immediately through the people by means of
primary assemblies or mass meetings. Referendum, recall
and initiative are aspects of direct or participatory
democracy.
Representative Democracy. One which the will of the state
is formulated and expressed through which the agency of
the relatively small and select body of persons chosen by
the people to act as their representatives (i.e. Congress or
the Sanggunians).
6. Unitary Government. This is the form of government that
concentrates powers on one organ. It is the national or central
government to which the local government units owe their
existence and from which they derive their functions and powers.
The national government is the one that distributes administrative

powers to the component units. Examples; United Kingdom, Spain,

France, and the Philippines.
7. Federal Government. A federal or dual government is one in
which governmental authority is derived between two
organizations, each having its own definite sphere of authority,
and neither having the power to interfere with or destroy the other.
Generally, a federal government is associated with largely
populated countries of different race, nationalities, languages,
cultures and religions.
8. Presidential Government. This is a form of government in which
the executive power is exercised by a single president who is
elected by a popular vote which is independent and equal with the
legislature. This is so, because in the presidential form, the
government is divided into three branches such as; executive,
legislative, and judiciary. Separation of powers exists among the
three branches of the government. There are also checks and
balances among them.
9. Parliamentary Government. In this form of government, the
executive powers belong to the prime minister and his cabinet.
The executive and the legislative are fused, because the members
of the cabinet are also members of the parliament or legislatures
and the party in power. The executive powers are exercised by the
prime minister. The prime minister and his cabinet can remain in
office as long as they have the confidence and support of the
majority in the parliament.

CONCEPT AND NATURE OF CONSTITUTION

1. Meaning of Constitution
Constitution may be defined as the written instrument by which the fundamental
powers of the government are established among the several departments for their
safe and useful exercise for the benefit of the body politics.
Constitution is the basic and paramount law to which all other laws must conform
and to which all persons, including the highest officials, must defer. (Cruz,
Constitutional Law, 1998 ed., p.4)
In Pilipino term, Constitution means saligang-batas or konstitusyon. Constitution
has been referred to by some authorities as the fundamental laws, laws of superior
importance, and or basic laws.
2. Classification of Constitution
It is classified as written, enacted and rigid. (Art. XVII, 1987 Constitution)
Written Constitution is one in which most of its provisions are embodied in a
single formal written instruments. It is the work of conscious art and the result of
deliberate effort to lay down a body of fundamental principles under which the
government shall be organized and conducted. It has the advantage of clearness,
definiteness, stability and security.
A written constitution usually consists of the following:
A Preamble which expresses the ideals of nation;
Definition of national territory;
Definition of citizenship;
Rights and obligations of citizenship in a so-called Bill of Rights;
Methods of Suffrage and election for government officials;
The structure and functions of the government; and

The methods of amending the constitution.

3. Effectivity of 1987 Philippine Constitution

The Philippine Constitution took effect on February 2, 1987, which was the date
of plebiscite. (De Leon v. Esguerra, G.R. No. L-78059, August 31, 1987).
4. Aims and purposes of Constitution
* It serves as the supreme or fundamental law of the land.
* It establishes the basic framework and underlying principles of government
* It empowers the state.
* It ensures government stability
* It protects freedom
* It promotes social and economic development
* It symbolizes the national unity and cultural values of the people.

PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a
just and humane society, and establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our patrimony, and
secure to ourselves and our posterity, the blessings of independence and democracy
under the rule of law and a regime of truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.

Meaning of Preamble
The word preamble is derived from the Latin word preambulus which means
going before and preambulare, to walk before. The term preamble means
introduction to a main subject. It is the preliminary statement in speech or writing; a
preface or introduction. It may also be the introductory part of a piece of writing
especially the introductory part of a statute, ordinance, charter or constitution which
states the reasons and purpose of the text that follows.
A constitution or a law may or may not have preamble. In any case, the presence
and absence of preamble does not make a constitution or law less or more effective and
valid. The preamble cannot create a power of obligation or right as well as privilege
unless in other parts of the same, such power, obligation, or right is separately
mentioned in the body that follows the discussion.

Objective and Value of preamble

The Preamble of Constitution of the Philippines serves two important ends:
1. It tells us who the authors of the Constitution are and for whom it was
promulgated; and
2. It states the general purposes which the Constitution and the government
established under it intend to achieve, and the basic principles underlying the
fundamental charter.

Source of Constitutions authority

The use of words, We, the sovereign Filipino people, imploring the aid of Almighty
God xxx, do ordain and promulgate this constitution, stresses the fact that the
Constitution of the Philippines derives its authority from the Filipino people themselves
and being so, it is the supreme law of the land.
The term Filipino people emphasizes the oneness of the Filipinos as differentiated
from the word people of the Philippines which may include other inhabitants or aliens.

Belief in God stressed

The reference to the Almighty God points out the religious nature of the Filipino people as
they acknowledge the existence of a Supreme Being that guides their destinies and the destiny
of the nation. The entire Preamble is like a collective prayer to this Supreme Being, recognizing
Him as the source of their authority to promulgate the Constitution.

Changes in the Preamble

The Preamble of the 1973 Constitution was notably changed in the 1987 Constitution.
Among the changes are the insertions of the following:
1.

The phrase to build a just and humane society, which makes it clear that the
adoption of the new Constitution does not only seek the establishment of a new
government. A just and humane society may be said to be one where every
individual, regardless of his station in life, is treated fairly before the law, and
where special concern or preferential attention is given to the poor and the less
fortunate so that, like the rest, they may be able to attain a decent standard of
living;

2.

The phrase the rule of law, as a reminder to everyone of the nations sad
experience under an authoritarian regime which has been accused, among
others, of numerous violations of human rights, election frauds, graft and
corruption, suppression of dissent, and other repressive acts;

3.

The word love, as a principle together with truth, justice, freedom, equality,
and peace, to stress the need for a sense of love to bind all Filipinos, especially
during these critical times when armed conflicts and intense political rivalries still
continue to divide our nation; and

4.

The word independence, to emphasize that ours is a free nation which does
not owe allegiance to any superior foreign power.

Review Questions:

1. Why do we study Constitution?

2. What made the people the most essential and important element of a State?
3. Point out the difference between state and government. May a State exist without
government?
4. Why should the government maintain and promote the common good of its people?
5. Why is the preamble necessary in a Constitution?