THE PHILIPPINE GOVERNMENT, CONSTITUTION, ECONOMICS AND TAXATION

By: Edter Paul A. Salcedo

POLITICAL SCIENCE: the systematic study of the state and the government

POLITICAL: comes from the Greek word polis which means a city or state

SCIENCE: comes from the Latin word scire which means to know

SCOPE OF POLITICAL SCIENCE

1. POLITICAL THEORY body of doctrines relating to the origin, form, behavior and purposes
of the state.

2. PUBLIC LAW organization of the government and its powers and duties; limitation upon
government authority.

3. PUBLIC ADMINISTRATION methods and techniques used in the actual management of

state affairs.

IMPORTANCE OF POLITICAL SCIENCE

1. To discover the principles that should be adhered to in public affairs and to study the
operations of the government.

2. Its findings can be used in seeking resolutions to immediate situations.

3. To be able to deal with social and economic problems and other matters of public and
private concerns.

CONCEPT OF STATE

A community of persons more or less numerous, permanently occupying a definite portion

of territory, having a government of their own, to which the great body of inhabitants
render obedience and enjoying freedom from external control.

ELEMENTS OF THE STATE

1. People the inhabitants or mass population living within the state.

2. Territory the fixed portion of the surface of the earth inhabited by the people of the
state.

3. Government the agency through which the will of the state is expressed and carried
out.

4. Sovereignty the supreme power of the state to command and enforce obedience to its
will from people and to have freedom from foreign control.

ORIGIN OF STATES

1. Devine Right Theory

2. Necessity or Force Theory

3. Paternalistic Theory

4. Social Contract Theory

STATE DISTINGUISHED FROM NATION

State is a political concept while nation is an ethnic concept.

State is not subject to external control while nation may or may not be.
 A single state may consist of one or more nations or people and conversely, a single
nation may be made up of several states.

UN CHARTER

Security Counsel

General assembly

PURPOSE AND NECESSITY OF GOVERNMENT

1. Advancement of the public welfare

2. Consequence of absence

FORMS OF GOVERNMENT

1. As to number of persons exercising sovereign powers:

1. Monarchy

2. Aristocracy

1. a class of persons holding exceptional rank and privileges, esp. the hereditary
nobility.

2. a government or state ruled by an aristocracy, elite, or privileged upper class.

3. government by those considered to be the best or most able people in the state.

4. a governing body composed of those considered to be the best or most able people
in the state.

5. any class or group considered to be superior, as through education, ability, wealth,

or social prestige.

3. Democracy

1. As to extent of powers exercise by the central or national government:

1. Unitary government

-Control of national and local affairs is exercised buy the central or national
government

1. Federal Government

-Powers of the government are divided between two sets of organ, one of national
and the local affairs.

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

1. Parliamentary government

-legislative and executive bodies are fused together

1. Presidential government

- a system of government in which the president is constitutionally independent of

the legislature

THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

The pre-Spanish government

1. Unit of government

composed of settlemt villages called barangay

 From balangay a malayan word meaning Boat

Every barangay was virtually a state

. Each has 50-60 families

1. Datu

Each barangay was ruled by a datu

The barangay is monarchy in form with datu as its monarch

Social classes in the government

1. Nobility (maharlika )

2. Freemen(timawa)

3. 1.Serfs(aliping namamahay)
1.Slaves(aliping sagigilid)

Early Laws

1. Maragtas Code (written by datu sumakwel about 1250 AD)

2. Kalantiaw Code (written by Datu kalantiao in 1433)

GOVERNMENT DURING THE SPANISH PERIOD

2. Spains title to the Philippines

Discovery of the archipelago Magellan in march 16,1521 landed on homonhon island.

Conquest of Miguel Lopez de legazpi in 1565

By virtue of treaty of paris, the philippines was ceded to the united states

1. Spanish Colonial government

The philippines was rules indirectly by the king of spain through mexico from 1565 to 1821

Mexico obtained its independents from spain, thus the philippines was ruled directly from
spain until 1898

1. Government in the Philippines unitary

Spain established one central government in the Philippines.

Many barangay was disappeared. Thus we are named FILIPINAS.

1. The Governor-General

When Mexico regained its freedom in 1821, the Spanish king rules the Philippines through
a GOVERNOR GENERAL

Kings representative in the Philippines.

Has the power to appoint and dismiss public officials

Also the president of the Royal Audencia (chief justice of the Supreme court today)

The governor general and government officials had so much power that it was commonly
abused. To investigate, the following bodies were created

The Residencia (special judicial court that investigate the performance of a

governor General who was about to be replaced)
 The Visita (the council of the indies in spain sent offical called the visitador to
observe the conditions in the colony)

The Audencia (Highest court of the land)

There were 115 spanish governor in our country

Miguel Lopez De Legazpi (1565-1572)

Diego De los Rios (1898)

1. The Judiciary

1. Residenica

2. Royal Audencia

3. Lower courts

4. Governor general

GOVERNMENT DURING THE REVOLUTIONARY ERA

1. The Katipunan government

After rizals death, Andres Bonifacio founded a secret revolutionary society (KKK) on July 7,
1982 in Tondo Manila for Filipinos to fight for freedom.

Katipunan comes from a tagalog rootword tipon.

Kataas-taasang Kagalang-galang Katipunan ng mga nak ng Bayan (Highest and

most Hnorable Society of the Children of the Nation)

Aims

To unite the filipinos into one solid nation

To fight for the Philippine Independence from spain

KALAYAAN- the official newspaper of the katipunan which came up with its first
issue on march 1896.

Three Writers of Katipunan were;

Andres Bonifacio ( pag-ibig sa tinubuang Bayan- love for country)

Emilio Jacinto- (collection of teachings of katipunan and A la patria ) - to my father

land

Dr. Pio Valenzuela ( editor)

Teodoro Patino , one of the Katipuneros, revealed the secrets of the Katipunan to Fr.
Marioano Gil which led to its discovery because of his fear.

Many filipinos were arrested but may has escaped.

1. The Biak-na-bato republic

Emilio Aguinaldo establishes his headquarters in Biak na Bato in the bulacan Province.

In july 1897, aguinaldo established the Biak na Bato Republik and issued a proclamation
stating the following demands:

Expulsion of the friars and the return of the friar land to the Filipinos

Representation in the spanish cortez

Freedom of the press and religion

 Abolition of the governments power to banish filipinos

Equality for all before the law

1. The Dictatorial Government

Aguinaldo made known his intention of establishing such a form of government

when he announced, in the morning of May 24, 1898, that he was
assuming "command of all the troops in the struggle for the attainment of our lofty
aspirations, inaugurating a dictatorial government to be administered by decrees
promulgated under my sole responsibility..."

Later in the day, he issued a decree formally establishing the Dictatorial

Government. The decree nullified the orders issued under the authority of the Biyak-
na-Bato republic and asserted that the Dictatorial Government was temporary in
nature, "so that, when peace shall have been reestablished and our legitimate
aspiration for unrestricted liberty attained, it may be modified by the nation, in
which rests the principle of authority."

2. The Revolutionary Government

The Dictatorial Government lasted for only a month, from May 24 to June 23, 1898. On
June 23, Aguinaldo established the Revolutionary Government replacing the Dictatorial
Government with himself as President and a Congress whose function was advisory and
ministerial. The decree issued by Aguinaldo on June 23, written by Apolinario Mabini, stated that
the object of the government was the "struggle for the independence of the Philippines until all
nations, including Spain, shall expressly recognize it, and to prepare the country so that the true
republic may be established" (Agoncillo & Guerrero, 1977).

The First Philippine Republic

Governments during the American regime

1. The Military Government

2. The Civil Government

3. The Commonwealth Government of the Philippines

MILITARY GOVERNMENT
FIRST PHILIPPINE COMMISSION

President McKinley had appointed a five-person group headed by Dr. Jacob Schurman,
president of Cornell University, on January 20, 1899, to investigate conditions in the
islands and make recommendations.

The Filipinos are wholly unprepared for independence ... there being no Philippine nation,
but only a collection of different peoples."

In the report that they issued to the president the following year, the commissioners
acknowledged Filipino aspirations for independence; they declared, however, that the
Philippines was not ready for it

MILITARY GOVERNMENT
Second Philippine Commission

The Second Philippine Commission (the Taft Commission), appointed by McKinley on March
16, 1900, and headed by William Howard Taft, was granted legislative as well as limited
executive powers.

Established a judicial system including a supreme, drew up a legal code to replace Spanish
ordinances and organized civil service
 The 1901 municipal code provided for popular elected presidents, vice and councillors to
serve.

Board members were responsible for the collection of taxes and maintaining of the
municipal properties.

CIVIL GOVERNMENT

Sedition law

Prohibited any persuasion in achieveing independence be it through peaceful or

violent means

Flag law

Prohibited the public of displaying anything particularly the Philippine flag and KKK
that would serve as reminder of freedom

Reconcentration Act

Relocation rural populations into overcrowded villages-newly created concentration

camps. This policy was enacted to deprive rebels from acquiring peasants support.
Thus, people not belonong to any concentration capms or marked villages were
considered bandits and enemies of the state.

Brigandage law

Intended to divide the support of the people against those who fight the Americans

the Philippine organic act

Provided for the creation of an elected Philippine assembly .

The fist Philippine assembly

Sergio osmenia- speaker of the assembly

Manuel L. Quezon- majority floor leader

Two resident commisioners to represent the Philippines before united states

congress

Benito legarda

Pablo ocampo

Supreme Court on 1899- first agency of the national government, filipinos were appointed
Cayetano Arellano- chief justice

Civil service

One of the first law passed by the taft commission for the maintenance of an
efficient and honest civil service in the country.

Court of the first instance

Below the supreme court- judicial districts

Government during the Japanese occupation

1. The Japanese Military Administration

2. The Philippine Executive Commissions

3. The Japanese-sponsored Republic of the Philippines

The Japanese Military Administration

 State

war

and army

The Philippine Executive Commissions

The Philippine Executive Commission or PEC was established on January 1942 with Jorge B.
Vargas as its first Chairman. The PEC was created as the temporary care-taker government
of the Greater Manila area and eventually of the whole Philippines during the Japanese
occupation of the country during World War II.

The PEC formally abolished all political parties on December 8, 1942 by virtue of
Proclamation No. 109 creating the "Kapisanan sa Paglilingkod sa Bagong
Pilipinas" (Organization in the Service of the New Philippines) or better known then as
the "KALIBAPI."

The "KALIBAPI" was established to aim at the mental education, moral regeneration,
physical invigoration, and economic rehabilitation of the Philippines under the guidance of
the Japanese Military Administration. It was tasked to foster strong cooperation with the
Japanese as part of the Order Great East Asia that promotes the lifting of the "great
Oriental race." The "KALIBAPI" was appointed as a strong right arm of the Japanese
occupational forces of the Philippines.

Two basic reason why Japanese did not win the Filipino loyalty

1. the us had already assured the Filipino that it would grant them independence as soon
as a stable government had been established in the country.

2.Cruelty experienced the Filipino from Japanese colonizer.

Japanese promise of independence

To persuade the filipinos to become an ally of japan, premier hideki tojo promised
the granting of philippine independence on the condition that they manifest
concrete evidnce of cooperation with the japanese colonizers. The promis was
reitrated on may 1943.

In preparation for independence the Japanese Military administration in the country

decreed the formation of a preparatory commission for Philippine Independence in
June 1942. the principal task was for the drafting of a constitution for independent
Philippines.

The Commission was composed of :

Jose P. Laurel- chairman

Ramon Avacena- member

Benigno S.Aquino- member

September 4, 1943- the proposed constitution was signed by the commission

September 7, 1943- the approved charter was ratified, Kalibapi elected member of
national assembly

September 23,1943- inaugural session was held

Leaders of national assembly

Jose P.Laurel- president of the Philippine republic

Benigno s. Aquino speaker of the assembly

The Japanese-sponsored Republic of the Philippines

 October 14,1943 the exact date when Japan proclaimed the independence of the
Philippines with Jose P. Laurel as the president of the Philippines. The PEC was
abolished. The japanese Military administration was ended as a result of this
republic.

THE PROVISIONAL GOVERNMENT OF 1986

1. Revolutionary

2. De jure./ de facto

3. Constitutional and transitory

4. Democratic

5. Powers

6. The Provisional Constitution

Before Corazon C. Aquino took her oath of office on the morning of February 25, 1986 at
Club Filipino, San Juan, Metro Manila, the last Sunday of a four-day people power revolt
(Feb. 22-25) that culminated in the ouster of President Ferdinand E. Marcos, she read
Proclamation No. 1 wherein she declared that she and her vice-president were talking
power in the name and by the will of the Filipino people on the basis of the clear
sovereign will of the people expressed in the election of February 7, 1986. In sovereign will
of the people expressed in the fundamental law (not the Constitution) and execute
just laws (instead of its laws).

Revolutionary The government was revolutionary because it was instituted not in

accordance with the procedure provided in an existing Constitution. There is a definite
acknowledgement in Proclamation No. 3 that the provisional government established there
under was revolutionary in character (without calling itself as such) having been installed
by direct action of the people or by people power, deriving its existence and authority
directly from the people themselves and not from the then operating 1973 Constitution.

De jure./ de facto the first is one constituted or founded in accordance with the
existing constituted not in accordance with the procedure provided in an existing
constitution of the sate, while the other is not so constituted or founded but has the
general support of the people and effective control of the territory over which it exercises
its powers.

Constitutional, democratic and transitory The provisional government was not a

purely revolutionary one but a hybrid constitutional revolutionary government, i.e., a
revolutionary government governing under a provisional or interim constitution the people
could invoke to protect their rights and to promote their welfare, to exist for a limited
period until the ratification and effectivity of a permanent constitution. There was nothing,
however, to prevent the government from amending, suspending or abrogating the
provisional Constitution and adopting a new one or operating without any constitution.

In other words, the Provisional Constitution did not have the status of a supreme or
fundamental law because the government was not created by it and was not bound to
obey it.
The provisional government was claimed to be democratic because it was installed by
direct action of the people as a direct expression or manifestation of their sovereign will,
and, therefore, it was based on the consent of the governed and the approval of the
people

Powers A revolutionary government being a direct creation of the people, derives its
powers from the people to whom alone it is accountable. It is said that a revolutionary
government is clothed with unlimited powers because it makes its own laws; it is a law
unto itself. However, with the adoption of the Provisional Constitution, the revolutionary
government opted to abide with and to subject itself to the provisions thereof, pending
approval of a new character.
 The Provisional Constitution Instead of declaring the 1973 Constitution with certain
amendments and minus certain articles and provisions, as the interim Constitution,
Proclamation No. 3 promulgated a Provisional Constitution to replace the former, adopting
in toto insofar as they are not inconsistent with the provisions of the Proclamation, certain
provisions of the 1973 Constitution.

By its every nature, the Provisional Constitution (as well as the revolutionary government
which operated under it) self-destruct upon the ratification and effectivity of the new
Constitution on February 2, 1987.

CONCEPT OF CONSTITUTION

Nature and purpose or function of constitution

1. Serves as the supreme or fundamental law

2. Establishes basic framework and underlying principles of government

Kinds of Constitution

1. As to their origin and history

2. Conventional or enacted

3. Cumulative or evolved

4. Written

5. Unwritten

6. Rigid or inelastic

7. Flexible or elastic

Requisites of a good written constitution

1. As to form, a good written constitution should be:

1. Brief

2. Broad

3. Definite

2. As to contents, it should contain at least three sets of provisions:

1. That dealing with the framework of government and its powers, and defining the
electorate. This group of provisions has been called the constitution of government.

2. That setting forth the fundamental rights of the people and imposing certain
limitations on the powers of the government as a means of securing the enjoyment
of these rights. This group has been referred as to the constitution of liberty.

3. That pointing out the mode or procedure for amending or revising the constitution.
This group has been called the constitution of sovereignty

CONSTITUTIONS OF THE REPUBLIC OF THE PHILIPPINES

The 1935 Constitution

The 1973 Constitution

The 1987 Constitution

1935 Constitution
 March 24, 1934 Pres. Roosevelt authorized the calling of a constitutional convention to
draft a constitution of the Philippines

March 23, 1935 Pres. Roosevelt approved the Constitution.

May 14, 1935 Filipinos ratified the Constitution

1973 Constitution

March 16, 1967 Congress authorized the holding of a constitutional convention

June 1, 1971 the convention started to rewrite the Constitution

November 30, 1972 the proposed Constitution was signed

September 21, 1972 Pre. Marcos placed the entire country under martial law

January 17, 1973 Filipinos ratified the Constitution

Freedom Constitution

February 22-25, 1986 - 4 day people power revolt

March 25, 1986 - Freedom Constitution was promulgated

1987 Constitution

April 23, 1986 - Constitutional Commission was created to draft the proposed Constitution

June 2, 1986 - the Constitutional Commission convened

October 15, 1986 - draft of the Constitution was finished

February 2, 1987 - the 1987 Constitution was ratified by the people on a plebiscite

Parts of the 1987 Constitution

Preamble

Article 1 National Territory

Article II Declaration of Principles and State Policies

Article III Bill of Rights

Article IV Citizenship

Article V Suffrage

Article VI Legislative Department

Article VII Executive Department

Article VIII Judicial Department

Article IX Constitutional Commission

Article X Local Government

Article XI Accountability of Public Officers

Article XII National Economy and Patrimony

Article XIII Social Justice and Human Rights

Article XIV Education, Science and Technology, Arts, Culture and Sports
 Article XV The Family

Article XVI General Provisions

Article XVII Amendments or Revisions

Article XVIII Transitory Provisions

PHILIPPINE HISTORY

TERMS

1. CAVITE MUTINY

- Filipino soldiers in the fort of San Felipe in Cavite rose in Mutiny under the leadership of
sergeant La Madrid. The cause was abolition of some privileges of the Filipinos. GOMBURZA were
arrested and killed because of the suspicion that they were involved in the said mutiny.

2. EL FILIBUSTERISMO

- Rizals second novel, published in 1891 in belgium, with the financial support of valentin
Ventura, who lent him the money to print book. Rizal dedicated this book to GOMBURZA, the
three martyr-priests. This is a political novel in which Rizal predicted the coming of revolution.

3. INSULARES

- Spaniards born in the Philippines

4. KALAYAAN

- Newspaper of the Katipunan, which first came out on January 1896, with Emilio Jacinto.

5. La Liga Filipina

- Founded by Rizal on July 3, 1892, in Tondo, Manila, its aims were:

- To unite the whole archipelago into one compact, vigorous , and homogenous body

- Mutual protection in every want and necessity

- Defense against all violence and injustie

- Encouragement of instruction, agriculture and commerce

- Study application of reform.

6. La Solidaridad

- Organ of the reform movement in spain, with Graciano Lopez-Jaena as its first editor. Its first
Issue came out on February 15, 1889. its aim was to gather, to collect liberal ideas which were
daily exposed tin the camp of politics, in the field of science, arts, letters, commerce, agriculture,
and industry. Known as SOL to the propagandists, it became the mouthpiece of the Filipinos in
spain.

7. Peninsulares

- Spanish born residents of the Philippines.

8. Spolarium

- The most famous painting of Juan Luna.

9. Thomasites

- American teacher

The Philippine National Hereos

1. Rizal

2. Bonifacio- Great plebian and father of katipunan

3. General Gregorio Del Pilar- Hero of the Battle of tirad pass.

4. General Emilio Aguinaldo- President of the first Philippine Republic.

5. Apolinario Mabini- Sublime Paralytic and brains of the Revolution.

6. GOMBURZA- martyred priests of 1872

7. Emilio Jacinto- Brains of the Katipunan

8. General Antonio Luna- Co founder of LA independencia

9. Melchora Aquino- mother of Balintawak (tandang sora)

10. Graciano Lopez-Jaena- Greatest Filipino Orator of the Propaganda Movement.

11. Panday Pira

- First filipino Cnnon maker

12. Mariano Ponce

- propagandist, historian, diplomat and managing editor of La solidaridad.

13.Gregoria De Jesus

- Lakambini of katipunan and wife of Andres Bonifacio.

16. Juan Luna

- Greatest Filipino Painter

17. Isabelo Delos Reyes

- Founder of Socialism

18. Jose Palma

- Wrote the spanish Lyrics of the Philippine National Anthem

19. Rajah Soliman

- The last Rajah of Manila

20. Marcela Marino Agoncillo

- Maker of first Filipino flag

21. Teresa Magbanua

- First woman fighter in panay, Visayan Joan of Arc.

22. Trinidad Tecson

- Mother of Biak na Bato

23. Julian Felipe

- Composer of the Philippine National Anthem