Philippine Politics and Government

Topics to be Covered:
Prelim

 The Necessity of Political Science

 Basic Political Institution

 Elements of the State

 State, Nation and Government

 Theories on the Origin of the State

 Forms of Government

 People and Law

Midterm

 History of Philippine Constitution

 The Necessity of Constitution

 National Territory

 Bill of Rights
Endterm
• Executive Branch
• Legislative Branch
• Judiciary Branch
• Constitutional Commissions
• Understanding by design output
What is Political Science?
Political science is the systematic study of the state and the government. The word
“politics” comes from the greek word “polis” meaning “city”. And the term science comes from
the latin word “scire” which means “to know”.

Why study Political Science?

• The present political conditions of the country call for the citizens especially the students
to be aware and to get involve on matters affecting their lives. Thus, the dynamics of
politics must be understood not only by the Political Science students but by all students
belonging to different disciplines
• The function of Political Science is 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.
• Its findings 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. Again they can be of immense practical use to individuals who seek
to understand the state in which they live
• The study of Political Science deals with the problems of social welfare, governmental
economic programs, international cooperation, and a wide range of other matters that are
urgent concern to public officials and private citizens.

Politics, Science and Power

• Is there really a “science of politics”? - one concerning to a set of laws, rules, norms and
principles dissecting political phenomena within the range of control and projection?
• What lies in the heart of politics? Power. But what is power? Power is the Alpha and
Omega of politics. Power is the capacity to compel or influence others to alter their
behavior or to do what they would not do otherwise
• Aristotle once said, “man by nature is a political animal”. This signifies that the essence
of our social existence is politics. Political Science is concerned with the association of
people into political organizations. And it also deals with the power relationships
between individuals and groups, between groups and government and state to other states

Political Institutions
News Media as Political Institutions
In the Philippines, the so-called “mediatization” of politics is also existing. The news
media influence political outcomes especially election outcomes in democracies and they also
affect the fate of legislative and bureaucratic decisions, and individual political advancement or
failure. The nature and extent of the media's political impact must be evaluated.
 The Filipino family is not merely a social institution. In the Philippines, a family is a
political entity. The Constitution encourages the family to be active rather than to be passive in
matters that affect it. Thus, Section 4, Article IV grants “The right of families or family
associations to participate in the planning and implementation of policies and programs that
affect them.” In fact, our country is ruled by political families in the so-called political dynasties.
In concept, parties are institutions that bring people together for the purpose of exercising
power within the state. Thus, a political party is an institution that (a) seeks influence in a state,
often by attempting to occupy positions in government and (b) usually consists of more than a
single interest in the society and so to some degree attempts to aggregate interests.
To understand the extent of the church as a political entity is to reexamine its changing
politico-religious role (the social justice) in the broader socio-cultural context. Mostly, in the
third world countries, the church performs political function in informing the people of their
political responsibilities in promoting morality in governance and exercising the right to vote.
Through this advocacy it brings to the political process the consistent moral framework of social
justice and responsibility. In the Philippines, specifically, the formation of a religious voting bloc
is apparent.
Government create, enforce and apply laws. They often mediate conflict, make
(governmental) policy on the economy and social systems and otherwise provide representation
for the populous.

Elements of the State

• These are the elements of the State:

Population

Territory Government

Sovereignty

I. Elements of the State: Population / People

• It is the people who make the state. Population is essential for the state. Greek thinkers
were of the view that the population should neither be too big nor to small.
• It must be noted that, the number of the people is neither so little that It can no longer
defend sovereignty and independence, not so numerous that it is hard to employ
compliance.
 II. Elements of the State: Territory
• There can be no state without a fixed territory. People need to live and organize
themselves socially and politically. It should be remembered that territory includes land
water and air.
• Territory is necessary for citizenship. As in case of population, no definite size with
regard to extent of area of the state can be fixed. (there are small and big states)

III. Elements of the State: Government

• It is the third element. There can be no state with out a government.
• Government is the working agency of the state. It is the political organization of the state.
Government is defined as the agency through which the force of the state is formulated.
• This generally refers to the national government comprised by the three branches:
Legislative, Executive and Judiciary in which for a duration of time public welfare is
administered. It also includes the Local Government Unit which are in charge of local
administration

IV. Elements of the State: Sovereignty

• The fourth essential element of the state is sovereignty. Sovereignty means supreme and
legal authority above and beyond which no legal power exists.
There are 2 aspects of Sovereignty:
• Internal Sovereignty- the State is supreme over all its citizens.
• External Sovereignty- the State is independent and free from foreign or outside control.

State, Nation and Government

State is defined as 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. Like any other
political institutions, it is a creation of men for their common interest
Nation is defined as a a large aggregate of people united by common descent, history, culture, or
language, inhabiting a particular country or territory.
Government is defined is the working agency of the state. It is the political organization of the
state. Government is defined as the agency through which the force of the state is formulated
Comparison
State
political/legal concept
not subject to external control
a state may be composed of
one or more nations
Nation
ethnic / cultural concept
may or may not be subject to
external control
a nation may be made up of
several States
Government
Political but more specific
concept
A component to the controller
or being the controlled one
Only one government is
acknowledged

Other Forms
• A Nationstate is a type of state that joins the political entity of a state to the cultural entity
of a nation, from which it aims to derive its political legitimacy to rule and potentially its
status as a sovereign state.
• A Stateless nation is a political term for ethnic/national minority that does not possess its
own state and is not the majority population in any nation state.

Theories on the Origin of the State

• Divine right theory–This means that the state is created by God. Similar with the
kingdoms of ancient civilization and Middle Ages, the rulers were not chosen by the
people to rule but mandated by their God to govern. Thus, what God has ordained let no
man challenge.
• Force theory – This theory maintains that the state is a result of conquest and might
whereby the militarily superior rules over the conquered weak.
• Paternalistic/maternalistic theory – It espouses that the state is created based on the
enlargement of the family ruled by the father or mother. The family became bigger
resulting to a clan and to nation.
• Social contract theory – It attributes the origin of the state to the consensual
understanding of the people to create their government for the common good. Since the
people deliberately established their government, they have the right to revolt against a
bad ruler
• It must be noted however, that these are only theories thus, they can be true or not. But
what is important, they are historically relevant and could have all contributed to the
development of the state
 Forms of Government
1, As to the number of persons exercising sovereign powers
a. One-man rule
b. Rule by the few
c. Rule by the Many
2, As to the extent of powers exercised by the national government
a. Unitary government
b. Federal government
3, As to relationship between the executive and legislative branches
a. Parliamentary government
b. Presidential government
4, Related concepts
a. Capitalism
b. Socialism
c. Communism
d. Totalitarianism

Forms of Government
1. As to the number of persons exercising sovereign powers:
 One man rule
Monarchy– This refers to the rule of a single person in whose hands belongs the supreme power
to enforce obedience over the subjects. The ruler, who may be the king, emperor or pharaoh, is
ordained by god to rule by virtue of the divine right theory.
Autocracy–a form of government in which one person possesses unlimited power. An autocrat is
a person ruling with unlimited authority

 Rule by the few

Aristocracy– This form of government is controlled by the few powerful elite who are landlords
and possessing high social status and wealth. “A government or a state characterized by the rule
of a nobility, elite or privileged upper class”
Oligarchy – This is a government controlled by a small group for corrupt and selfish motives.
Oligarchs are installed to power because they are moneyed
  Rule by the Many
Democracy– This means government of the many because the power belongs to the majority of
the people. The political power is vested and exercised may exist even without the state.
2 types of democracy
Direct or pure democracy – one in which the will of the people is formulated and carried out in a
mass assembly by themselves rather than through chosen representatives.
Indirect, representative or republican democracy–one in which the will of the people is
formulated and carried out through their chosen representatives in the so-called legislative
assembly.

2. As to the extent of powers exercised by the national government

Unitary government – one in which the control of the national and local governments is vested in
the national government. Here, the local governments are created and supervised by the
central/national government. Thus, the national government is more powerful than local
governments.
Federal government – one in which the control and power to rule is equally vested to the local
and national governments. They are powerful in their own sphere.
Unitary Government
Federal Government

3. As to relationship between the executive and legislative branches

Parliamentary government – one in which the power to run the affairs of the state is vested to the
Prime Minister who serves as the head of state. The president exercises only symbolic and
ceremonial functions. The parliament may remove the Prime Minister at anytime by vote of no
confidence.
Presidential government – This system of government is governed by the principles of checks
and balances and separation of powers. Its three branches; executive, legislative and judiciary are
co-equal in powers and independent but cooperative

Comparison
Presidential Government
• Powers of government are
distributed to the executive,
legislative and judicial branch of
government.
• The Chief Executive, who is also the
head of the State, as well as the
members of legislature are elected by
the people.
• The Chief Executive can be removed
from office even before the
expiration of his term only through
impeachment.
• The Chief Executive cannot dissolve
the legislature at any point of time.
Parliamentary government
• There is the fusion of power between
the Executive and Legislative
branches of government.
• Members of legislature are elected
by the people.
• The Chief Executive is elected by the
members of the Legislature, from the
Majority party.
• The Chief Executive stays in power
as long as he enjoys the support of
the majority in Legislature. He can
be removed anytime if the members
of the law making body cast their
vote of no confidence in him.
 • The Chief Executive can dissolve the legislature.

Presidential vs Parliamentary

Related Concepts
Capitalism
Socialism

Communism

Totalitarianism
You have two cows
The government takes them and denies that they never existed. Milk is banned. You disappear
and will be forgotten in history
Situation
• You have a particular group where you need to reach a certain goal in order to achieve
your group’s satisfactions. One day, conflict and chaos took over your group where the
leadership, membership, objectives, goals, work designations, logistics, and harmonious
relationship were very disorganized. What will you do in order to pull them back in their
previous states and to prevent that unwanted circumstances to occur again?

People and Law

Law Defined
Law is a rule of conduct, just, and obligatory, laid down by a legitimate authority for the
common observance and benefit.
Rule of Conduct – prescribes guide and action between government and its citizens in their
interrelationships.
Just – conforming to what is legally right to achieve social order.
Obligatory- in a sense that the purpose of which will be enforced or served.

Question

Q1: Who is supreme? Law or People?

General Rule: Law is supreme than people
Exception to the General Rule: “Sovereignty resides in the people and all government authority
emanated from them” – “Salus Populi est suprema lex”- The Welfare of the People is the
Supreme Law

Q2: Who is supreme? Law or the President?

Frequently Asked Questions

Q: Why do we need a law?

A: There are many reasons why we need law: to regulate society; to protect people; to enforce
rights and to solve conflicts. Laws prevent or deter people from behaving in a manner that
negatively affects the quality of life of other people, therefore the consequences of breaking
the law often fit the crime.

Q: What is the role of law in the society?

A: The law serves many purposes and functions in society. Four principal purposes and functions
are establishing standards, maintaining order, resolving disputes, and protecting liberties and
rights. The law is a guidepost for minimally acceptable behavior in society.

Q: What is the importance of the rule of law?

A: those in power are not to engage in arbitrary rule, but rather are to obey the laws and the legal
system of the nation over which they have control. Fundamentally it means that there is an
appropriate system through which things must be done, and all, including those who lead, must
follow it.
It is important, because if we do not follow the rule of law, we have chaos.

Q:How does the law protect us?

A: are rules that bind all people living in a community. Laws protect our general safety, and
ensure our rights as citizens against abuses by other people, by organizations, and by the
government itself. We have laws to help provide for our general safety.

Sources of Law
The Philippine legal system may be considered as a unique legal system because it is a blend of
civil law (Roman), common law (Anglo-American), Muslim (Islamic) law and indigenous law.
Also the Philippines adopt the virtue of International Law.
Civil Law - the system of law concerned with private relations between members of a
community
In the Philippines, Civil Law covers the following parts: Persons and Family Relations, Property,
Wills and Successions, Obligations and Contracts
Common Law - The common law is a system of principles and rules grounded in universal
custom or natural law and developed, articulated, and applied by courts in a process designed for
the resolution of individual controversies
Muslim Law – Also known as Sharia. the religious law forming part of the Islamic tradition.
This law is only applicable for Muslim and also to the places that has a jurisdiction of Sharia
Court.
International Law - a body of rules established by custom or treaty and recognized by nations as
binding in their relations with one another.
Assignment
1, look for a partner
2, then research the important points of 2nd State of the Nation Address (SONA) of President
Rodrigo Duterte.
3, Put it on a short bond paper
 MIDTERM

Philippine Constitution
History of Philippine ConstitutionThe 1897 Constitution of Biak-na-Bato
- The Katipunan's revolution led to the Tejeros Convention where, at San Francisco de
Malabón, Cavite, on March 22, 1897, the first presidential and vice presidential elections in
Philippine history were held—although only Katipuneros were able to take part, and not the
general populace. A later meeting of the revolutionary government established there, held on
November 1, 1897 at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacán,
established the Republic of Biak-na-Bato.
The 1899 Malolos Constitution
The Malolos Constitution was the first republican constitution in Asia. It declared that
sovereignty resides exclusively in the people, stated basic civil rights, separated the church and
state, and called for the creation of an Assembly of Representatives to act as the legislative body.
It also called for a parliamentary republic as the form of government. The president was elected
for a term of four years by a majority of the Assembly. It was titled "Constitución política", and
was written in Spanish following the declaration of independence from Spain, proclaimed on
January 20, 1899, and was enacted and ratified by the Malolos Congress, a Congress held
in Malolos, Bulacan.
• During the colonization of the Americans, there was an evolution of the Philippine
Constitution.
Acts of the United States Congress - The Philippines was a United States Territory from
December 10, 1898 to March 24, 1934 and therefore under the jurisdiction of the Federal
Government of the United States.
Philippine Organic Act of 1902 - sometimes known as the "Philippine Bill of 1902", was the
first organic law for the Philippine Islands enacted by the United States Congress. It provided for
the creation of a popularly elected Philippine Assembly, and specified that legislative power
would be vested in a bicameral legislature composed of the Philippine Commission (upper
house) and the Philippine Assembly (lower house).
Philippine Autonomy Act of 1916 - sometimes known as "Jones Law", modified the structure of
the Philippine government by removing the Philippine Commission as the legislative upper
house and replacing it with a Senate elected by Filipino voters, creating the Philippines' first
fully elected national legislature.
Tydings–McDuffie Act (1934) - Though not a constitution itself, the Tydings–McDuffie Act of
1934 provided authority and defined mechanisms for the establishment of a formal constitution
via a constitutional convention.
The 1935 Constitution
The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the
Philippines (1935–1946) and later used by the Third Republic (1946–1972). It was written with
an eye to meeting the approval of the United States Government as well, so as to ensure that the
U.S. would live up to its promise to grant the Philippines independence and not have a premise
to hold onto its possession on the grounds that it was too politically immature and hence unready
for full, real independence
The 1943 Constitution
The 1943 Constitution was drafted by a committee appointed by the Philippine Executive
Commission, the body established by the Japanese to administer the Philippines in lieu of
the Commonwealth of the Philippines which had established a government-in-exile.
The 1973 Constitution
The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to
introduce a parliamentary-style government. Legislative power was vested in
a unicameral National Assembly whose members were elected for six-year terms. The President
was ideally elected as the symbolic and purely ceremonial head of state chosen from amongst the
Members of the National Assembly for a six-year term and could be re-elected to an unlimited
number of terms. Upon election, the President ceased to be a Member of the National Assembly.
During his term, the President was not allowed to be a member of a political party or hold any
other office.
The 1986 Constitution
Immediately following the 1986 People Power Revolution that ousted Marcos,
President Corazon C. Aquino issued Proclamation № 3 as a provisional constitution. It adopted
certain provisions from the 1973 Constitution while abolishing others. It granted the President
broad powers to reorganise government and remove officials, as well as mandating the president
to appoint a commission to draft a new, more formal Constitution.
Parts of the 1987 Philippine Constitution1, Preamble
2, Article I – National Territory
3, Article II – Declaration of Principles and State Policies
4, Article III – Bill of Rights
5, Article IV – Citizenship
6, Article V – Suffrage
7, Article VI – Legislative Department
8, Article VII – Executive Department
9, Article VIII – Judicial Department
10, Article IX – Constitutional Commissions
11, Article X – Local Government
12, Article XI – Accountability of Public Officers
13, Article XIV – Education, Science and Technology, Arts, Culture and Sports
14, Article XV – The Family
15, Article XVI – General Provisions
16, Article XVII – Amendments or Revisions
17, Article XVIII – Transitory Provisions
Philippine Constitution
1987 Philippine Constitution: 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.
The Preamble is the introduction to the constitution. It serves as the window to the heart and soul
of the Filipinos who desire to create a government and community that will give meaning to their
existence. It tells who the people behind the constitution are; their culture; their political,
economic, and social perspectives; and their national aspiration and common interest. Indeed, it
is a showcase of their humanity.
Though the Preamble is not an integral part of the constitution because it is technically, not a part
of the provisions composing it, it can be used to shed light for purposes of interpretation.
Reasons in creating the Constitution

1. To build a just and humane society,

2. To establish a government that shall:
• embody the ideals and aspirations of the people,
• promote the common good,
• conserve and develop the patrimony,
• secure the blessings of independence and democracy, and
• secure the rule of law, truth, justice, freedom, love, equality and peace
Article I
National Territory
The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around
between, the connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines
Our Claim

Territorial Dispute

China’s Claim