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Social sciences are the fields of scientific knowledge and academic scholarship that study social
groups and, more generally, human society. As such, of one of the branches of social science is
political science which is the systematic study of state and government.
TOOLS OF POLITICS
1. Power - refers broadly to any ability to effect change or exert control over either things
or people, subjects or objects; the ability to influence somebody to do something that he
could not have done

2. Authority - refers to a claim of legitimacy, the justification and right to exercise that
power;
A mob has the power to punish a criminal, for example by lynching, people who believe in
the rule of law consider that only a court of law has the authority to order capital punishment.

CONCEPT OF STATE

1. What is a 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 of
inhabitants render obedience, and enjoying freedom from external control.

2. Origin of State
Divine right theory - state is of divine creation and the ruler is ordained by God to
govern the people.
Necessity or force theory - state is created through force, by strong warriors who
imposed their will upon the weak.
Paternalistic theory - state comes from the expansion of family, under the
authority of the father. Family grew into a clan, then developed into tribe which
broadened into a nation, and a nation became a state.
Social contract theory - states have been formed by deliberate and voluntary
compact among the people to form a society and organize government for their
common good.

3. What are the 4 essential elements of state?

Population - answers the question, who governs whom?; the inhabitants of the
state; no specific number requirement but they must be of sufficient number to be
self-sufficing;

Territory - answers the question, where?; a fixed portion on the surface of the earth
inhabited by the people of the state; demarcated area that rightly belongs to the
population; should be permanent and large enough to be self-sufficing
terrestrial,
 fluvial,
maritime and
aerial

Government - the instrument that provides mechanisms indetermining, formulating,

and implementing the policies of the state; the essential instrument or machinery of
the state that carries out its will, purposes and objectives; the agency or
instrumentality through which the will of the state is formulated, expressed and
realized.

Sovereignty/Independence- the supreme and uncontrollable power inherent in a state

by which the state is governed; the supreme power of the state to command and
enforce obedience to its will within its jurisdiction; the power to command and
enforce obedience free from foreign control

STATE VS. NATION

State is a political concept, while nation is an ethnic concept. A nation is a group of people
bound together by a common social origin, language, customs, and traditions, and who believe
that they are one and distinct from others.

A state is not subject to external control while a nation may or may not be independent.

A single state may consist of one or several nations and a single nation may also be made up of
several states.
State vs. Government
The government is only the agency through which the state expresses its will. As an essential
element of the state, a state cannot exist without a government, but it is possible to have a
government without a state.

A government may change, its form may change, but the state, as long as its essential elements
are present, remains the same.
STRAIGHT LINE BASE METHOD
Although given separate treatment in UNCLOS, the guidelines for drawing archipelagic
baselines are similar to those for drawing straight baselines. Generally, archipelagic states may,
according to Article 47(1), draw straight archipelagic baselines joining the outermost points of
the outermost islands. Article 47(2) provides that archipelagic baselines may not exceed 100
nautical miles in length. Article 47(1) furthermore states that archipelagic baselines must be
drawn such that the ratio in archipelagic states of water-area to land-area must fall in between 1
to 1 and 9 to 1.

There are limits to the drawing of archipelagic baselines, however. Article 47(3) states that the
archipelagic baselines shall not depart to any appreciable extent from the general configuration
of the archipelago. Article 47(4) indicates that archipelagic baselines shall not be drawn to and
from low-tide elevations.

CONSTITUTION
1. What is constitution?
that body of rules and principles in accordance with which the powers of sovereignty
are regularly exercised
that written instrument by which the powers of government are established, limited,
defined and distributed among the several departments or branches for their safe and
useful exercise for the benefit of the people.

2. Why study the constitution?

it is the supreme law of the land
it is the framework within which government power can be understood

Classification and Forms of Constitution

1. According to Origin:

Conventional or Enacted - one which is enacted by a constituent assemble or

granted by a ruler to his subjects.
Cumulative or evolved - one which is a product of growth or a long period of
development origination in customs, traditions, judicial decisions, and others,
rather than from a deliberate and formal enactment

2. According to form:

Written - one which has been given definite written form at a particular time.
Unwritten - one which is entirely the product of political evolution, consisting
largely of a mass of customs, usages and judicial decisions, and statutory
enactments.
 3. According to difficulty of amendment or revision:

Rigid or inelastic - one which cannot be amended or altered except by some

special machinery more cumbrous than the ordinary legislative process.
Flexible or elastic - one which may be altered in the same way as other laws.

The Constitution of the Philippines may be amended or revised through:

1. Constituent assembly - The Congress shall constitute itself into a constituent assembly and
upon a vote three-fourths may amend or revise the constitution.

2. Constitutional Convention - The Congress, by a vote of two-thirds of all its members, shall
call a constitutional convention or, by a majority vote of all its members, shall submit to to the
electorate the question of calling such a convention.

3. Initiative - the people, through initiative upon petition of the required number of registered
voters, shall directly propose the amendment.

In all cases, the amendment or revision shall only becomes valid upon ratification by the
majority of the voters in a plebiscite called for that purpose.
FOR NEWS: http://www.philembassy.no/philippine-government
THE PHILIPPINE GOVERNMENT
Philippine government presidential; representative; democratic republic
- President is head of state and government

Three branches of government

1. Legislative branch law-making body; make laws, alter, and repeal; vested in both
the government and the two-chamber congress; confirms or rejects the President's
appointments and can remove the President from office in exceptional circumstances;
has the authority to declare war
Senate (24 members) upper house; upper chamber; @ Pasay City; first half
as determined by popular vote, serves a full 6-year term; second half are
elected every 3 years; may serve for at most, 2 consecutive terms; 2
consecutive terms allowed with 6 years/term
House of Representatives (at most 250 members) lower house; lower
chamber; @ Quezon City; may serve for 3 consecutive terms, at most; may
opt to pass a resolution for a vacancy of a legislative seat that will pave way
for a special election; elected through a party-list system of registered
national, regional, and sectoral parties or organizations.
Party-list representatives - constitute twenty per cent of the total number of
representatives including those under the party list; one-half of the seats allocated
to party-list representatives shall be filled, as provided by law; 3 consecutive
years allowed with 3 years/term

2. Executive branch law-enforcing body; execute the law; carries out the law;
exercised by the government under the leadership of the president
President - Commander-in-Chief of the Armed Forces of the Philippines;
elected by majority; term of six years; no longer run for re-election, unless
he/she becomes president through constitutional succession and has served for
no more than four years as president; can veto laws passed by Congress
Vice President - first in line to succession should the president resign, be
impeached or die in office; may be a member of the president's cabinet; if
vacant, the President will appoint any member of Congress (the appointment
will be validated by a three-fourths vote of Congress voting separately); 2
consecutive terms allowed with 6 years/term
Cabinet members - serve as advisors to the President; nominated by the
President and must be confirmed by the Commission of Appointments

3. Judicial branch law-interpreting body; evaluates the law; applies laws to individual
cases; decides if laws violate the Constitution; vested in the courts; holds the power to
settle controversies involving rights that are legally demandable and enforceable;
 branch determines whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part and instrumentality of the
government; can overturn unconstitutional laws, are appointed by the President and
confirmed by the Senate
Supreme Court highest judicial body; consists of Chief Justice (head) & 14
Associate Justices; appointed by the president on the recommendation of the
Judicial and Bar Council; power of Judicial Review as the power to declare a
treaty, international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or regulation unconstitutional; can
serve until they reach 70 years old
Lower Collegiate Courts
a. Court of Appeals
b. Court of Tax Appeals
c. Sandiganbayan
Regular Courts
a. Regional Trial Courts
b. Metropolitan Trial Courts
c. Municipal Trial Courts
d. Municipal Trial Courts in Cities
e. Municipal Circuit Trial Courts

Muslim Courts
a. Sharia District Courts
b. Sharia Circuit Courts

Officials Removable by Impeachment

1. President and VP
2. Members of the Supreme Court
3. Members of the Constitutional Commissions
4. Ombudsman
Grounds for Impeachment
1. Culpable violation of Constitution
2. Treason
3. Bribery
4. Graft and Corruption
5. Betrayal of Public Trust
6. Other High Crimes
Before President Marcos declared Martial Law, a Constitutional Convention was already in the
process of deliberating on amending or revising the 1935 Constitution. They finished their work and
submitted it to President Marcos on December 1, 1972. President Marcos submitted it for ratification
in early January of 1973. Foreseeing that a direct ratification of the constitution was bound to fail,
Marcos issued Presidential Decree No. 86, s. 1972, creating citizens assemblies to ratify the newly
drafted constitution by means of a Viva Voce vote in place of secret ballots. Marcos announced that
it had been ratified and in full force and effect on January 17, 1973. Although the 1973 Constitution
had been ratified in this manner, opposition against it continued. Chief Justice Roberto V.
Concepcion in his dissenting opinion in the case of Javellana v. Executive Secretary, exposed the
fraud that happened during the citizens assembly ratification of the 1973 Constitution on January,
10 15, 1973. However, the final decision of this case was that the ratification of the 1973
Constitution was valid and was in force.

In 1973, after the declaration of martial law, the 1935 Constitution was replaced by a new charter,
the 1973 Constitution. In commemoration, President Marcos, repealed President Quezons
Proclamation No. 36, s. 1936, by virtue of Proclamation No. 1219, s. 1973, which moved
Constitution Day from February 8 to January 17 of every year. This proclamation commemorated the
day when President Marcos certified that the new Constitution had been ratified. Constitution day
was commemorated until the end of President Marcos term but was overshadowed by the
Proclamation making September 21st of every year Thanksgiving day, the date indicated on
Presidential Proclamation No. 1081, s. 1972: Martial law, however, was actually declared two days
later when President Marcos announced it through nationwide television.

When democracy was restored in 1986, the 1973 Constitution was replaced by first the freedom
constitution, also known as Proclamation No. 3, s. 1986, then our current constitution, the 1987
Constitution. This constitution came into full force and effect on February 11, 1987, after President
Corazon C. Aquino issued Proclamation No. 58, s. 1987. The proclamation issued by President
Aquino included the results of the plebiscite held on February 2, 1987.

After the ratification of the 1987 Constitution, President Aquino issued Proclamation No. 211 s, 1988,
which moved the commemoration of Constitution Day from January 17 to February 2 of every year
a proclamation still in effect to this day.

The Marcos era and Martial Law (1965-1986)

Constitutionally barred from seeking another term beyond 1973 and, with his political enemies in jail,
Marcos reconvened the Constitutional Convention and maneuvered its proceedings to adopt a
parliamentary form of government, paving the way for him to stay in power beyond 1973. Sensing that
the constitution would be rejected in a nationwide plebiscite, Marcos decreed the creation of
citizens' assemblies which anomalously ratified the constitution.

Even before the Constitution could be fully implemented, several amendments were introduced to it by
Marcos, including the prolongation of martial law and permitting himself to be President and
concurrent Prime Minister. The economy during the decade was robust, with budgetary and trade
surpluses. The Gross National Product rose from P55 billion in 1972 to P193 billion in 1980. Tourism
rose, contributing to the economy's growth. The number of tourists visiting the Philippines rose to one
million by 1980 from less than 200,000 in previous years. A big portion of the tourist group was
composed of Filipino balikbayans (returnees) under the Ministry of Tourism's Balikbayan Program
which was launched in 1973.

The first formal elections since 1969 for an interim Batasang Pambansa (National Assembly) were held
in 1978. In order to settle the Catholic Church before the visit of Pope John Paul II, Marcos officially
lifted martial law on January 17, 1981. However, he retained much of the government's power for arrest
and detention. Corruption and nepotism as well as civil unrest contributed to a serious decline in
economic growth and development under Marcos, whose health declined due to lupus.

After the Feb., 1986, presidential election, both Marcos and his opponent, Corazon Aquino (the widow
of Benigno), declared themselves the winner, and charges of massive fraud and violence were leveled
against the Marcos faction. Marcoss domestic and international support battered and he fled the
country on Feb. 25, 1986, finally obtaining refuge in the United States.
The Fourth Republic (1981-1986)

The opposition boycotted presidential elections then developed in June 1981, which pitted Marcos
(Kilusang Bagong Lipunan) against retired Gen. Alejo Santos (Nacionalista Party). Marcos won by a
margin of over 16 million votes, which constitutionally allowed him to have another six-year term.
Finance Minister Cesar Virata was elected as Prime Minister by the Batasang Pambansa.

On Aug. 21, 1983, opposition leader Benigno "Ninoy" Aquino Jr. was assassinated at the Manila
International Airport upon his return to the Philippines after a long period of exile which encouraged a
new, more powerful wave of anti-Marcos dissent. This coalesced popular dissatisfaction with Marcos
and began a succession of events, including pressure from the United States that ended in a snap
presidential election in February 1986. The opposition united under Aquino's widow, Corazon Aquino,
and Salvador Laurel, head of the United Nationalists Democratic Organizations (UNIDO). The elections
were held on February 7, 1986. The election was blemished by widespread reports of violence and
tampering with results by both sides of the political fence.

The official election canvasser, the Commission on Elections (COMELEC), declared Marcos the winner.
According to COMELEC's final tally, Marcos won with 10,807,197 votes to Aquino's 9,291,761 votes. By
contrast, the final tally of NAMFREL, an accredited poll watcher, said Marcos won with 7,835,070 votes
to Aquino's 7,053,068. The allegedly fraudulent result was not accepted by Corazon Aquino and her
supporters. International observers, including a U.S. delegation led by Sen. Richard G. Lugar (R-Ind.),
denounced the official results. Gen. Fidel Ramos and Defense Minister Juan Ponce Enrile declared that
they no longer supported Marcos.

A peaceful civilian-military uprising forced Marcos into exile and installed Corazon Aquino as president
on 25 February 1986.

1973 Constitution of the Republic of the Philippines

The 1973 Constitution of the Republic of the Philippines, (In Filipino: Ang Saligang Batas ng Pilipinas), ratified by
the Citizens Assemblies on January 17, 1973, provides for a shift from a presidential form of government to a
parliamentary system. The President serves as a symbolic head of State, executive power is exercised by the Prime
Minister with the assistance of the Cabinet, and legislative power is vested in a unicameral National Assembly. In
1976, the National Assembly was replaced by the Batasang Pambansa, by virtue of PD 1033 issued by
President Ferdinand Marcos.

On March 16, 1967, the Philippine Congress passed Resolution No. 2 calling for a Constitutional Convention to

change the Constitution. Election of the delegates to the Convention were held on November 20, 1970 pursuant to

Republic Act No. 6132, otherwise known as the 1970 Constitutional Convention Act.

The Constitutional Convention formally began on June 1, 1971. Former President Carlos P. Garcia, a delegate

from Bohol, was elected President. Unfortunately he died on June 14, 1971 and was succeeded by another former

President, Diosdado Macapagal of Pampanga.

Before the Convention could finish its work, martial law was proclaimed. Several delegates were placed under

detention and others went into hiding or voluntary exile. The martial law declaration affected the final outcome of the
convention. In fact, it was said, that the President dictated some provisions of the Constitution. On November 29,

1972, the Convention approved its Proposed Constitution of the Philippines.

On November 30, 1972, President Marcos issued Presidential Decree No.73 setting the date of the plebiscite to be

held on January 15, 1973 for the ratification or rejection of the proposed Constitution. However, on January 7, 1973,

the President issued General Order No. 20 postponing indefinitely the scheduled plebiscite. From January 10 to 15,

1973, the Citizen Assemblies voted for (a) ratification of the 1973 Constitution; (b) the suspension of the convening of

the Interim National Assembly; (c) the continuation of martial law; and (d) moratorium on elections for a period of at

least seven years. On January 17, 1973 the President issued Proclamation No. 1102 announcing that the proposed

Constitution has been ratified by an overwhelming vote of the members of the Citizen Assemblies through

Presidential Decree No. 86.

The 1973 Constitution would have established a parliamentary government in the Philippines, with the President as a

symbolic head of state and a Prime Minister as the head of government. This was not implemented as a result of the

referendum-plebiscite held on January 10-15, 1972 through the Citizen Assemblies whereby an overwhelming

majority rejected the convening of a National Assembly. From 1972 until the convening of the Interim Batasang

Pambansa in 1978, the President exercised absolute legislative power.

1976 Amendments to the Constitution

On 22 September 1976, President Marcos issued Presidential Decree No. 1033 proposing amendments to the

Constitution, which was later on ratified and included in the 1973 Constitution.

On October 16-17, 1976 majority of barangay voters (Citizen Assemblies) approved that martial law should be

continued and ratified the amendments to the Constitution proposed by President Marcos. The 1976 Amendments

were: an Interim Batasang Pambansa (IBP) substituting for the Interim National Assembly, the President would also

become the Prime Minister and he would continue to exercise legislative powers until martial law should have been

lifted. The Sixth Amendment authorized the President to legislate:

1981 and 1984 amendments

The 1981 amendments basically restored the Presidential system of government. With its adoption on April 7, 1981,

the President was restored from a mere symbolic head of state to its original status--as the head of state and chief

executive of the country. The amended Constitution granted the incumbent President several powers and functions

which were originally vested in him by the 1935 Constitution of the Philippines, which were transfered to the Prime

Minister and the Cabinet. The Prime Minister became the Head of Cabinet.