PS 100

Political Science
&
Philippine Constitution
Mr. Antonio C. Cayetano, B.S.Ed., LL.B., M.A.

POLITICAL SCIENCE 100

PROF. ANTONIO C. CAYETANO, BSED, LLB, MARE, CIS

COURSE REQUIREMENTS
REACTION PAPER: EDITORIAL (POLITICAL /SOCIAL
ISSUES)
CUT/COPY AND PASTE
SYNPOSIS
REACTION: FOR/AGREE OR AGAINST/DISAGREE:
JUSTIFY
CONCLUSION
EXERCISES
ASSIGNMENTS
ORAL RECITATION
QUIZZES
PERIODICAL EXAM
ATTENDANCE

CHAPTER 1 GENERAL CONSIDERATIONS

CONCEPT OF POLITICAL SCIENCE & POLITICS
POLITICAL SCIENCE
- Political = Gk. :polis city or state. Science = Lat. : scire
to know. Political Science is the to know the city or state.
- The systematic study of the State and all its elements and
their relationship.
- It is concerned with the association of human beings into a
body politic or a political community (one organized
under government and law).
- It deals with those: 1) relations among men and groups
which are subject to control by the State; 2) relations of
men and groups to the State itself; and 3) relations of the
State to other States.

CHAPTER 1 GENERAL CONSIDERATIONS

CONCEPT OF POLITICAL SCIENCE & POLITICS

POLITICS
- The art of decision making.
- The art or science of government concerned
with the proper management of the affairs of
society.

CHAPTER 1 GENERAL CONSIDERATIONS

SCOPE OF POLITICAL SCIENCE

1. Political Theory deals with the study of the

State through a systematic body of principles
relating to the origin, form, behavior, and
purposes of the State, and upon which its
political system operates.
2. Political Dynamics focuses on forces at
work in government and politics and covers
pressure or interest groups, public opinion
and propaganda and political parties.

CHAPTER 1 GENERAL CONSIDERATIONS

SCOPE OF POLITICAL SCIENCE
3. Foreign Relations/International Relations involves
inquiries into the foreign policy of nation-states in
their mutual relationships on the different forces
geographical,
technological,
economic,
psychological and political which contribute to the
shaping of such policy.
4. Government deals with the study of government
set up of a State on both national and local levels,
and covers the State constitution, laws, citizenship,
structures of the various levels of government, the
election process, the judicial system, political
parties, interest groups, foreign affairs, etc.

CHAPTER 1 GENERAL CONSIDERATIONS

SCOPE OF POLITICAL SCIENCE
5. Comparative Government seeks to study the
similarities and differences among States as regards
their executive, legislative, and judicial bodies, their
constitutions, laws, administrative organizations,
foreign policies, political parties and processes,
economic, social and political functions, and their
cultures and traditions.
6. International Law refers to the body of generally
accepted principles that governs the relationship
between and regulates the conduct of nation-states.

CHAPTER 1 GENERAL CONSIDERATIONS

SCOPE OF POLITICAL SCIENCE
7. Constitution seeks to study the growth and
development, roles and functions of the organic law
of the State.
8. Public Administration focuses upon the methods
and techniques used in the actual management of
State affairs by executive, legislative, and judicial
branches of government.
9. Public Law deals with the organization of
governments, the limitations upon government
authority, the powers and duties of governmental
offices and officers and the obligations of one State
to another.

CHAPTER 1 GENERAL CONSIDERATIONS

KINDS OF POLITICAL THEORY
1. Political Philosophy expresses the moral or ethical
standards that governments may adopt to run public
affairs.
2. Political Ideology refers to a belief system that
explains and justifies a preferred political order for
society, either existing or
proposed, and offers
strategy (processes, institutions, programs) for its
attainment.

CHAPTER 1 GENERAL CONSIDERATIONS

KINDS OF PUBLIC LAW
1. Political Law deals with the organization and operation
of the governmental organs of the State and defines the
relations of the State with the inhabitants of its territory.
(Macariola vs. Asuncion, 114 SCRA 77).
2.

Constitutional Law the law embodied in the Constitution

as well as the principles growing out of the interpretation
and application made by the courts, particularly the
Supreme Court being the court of last resort, of the
provisions of the Constitution in specific cases.

3.

Administrative Law fixes the organization of

government, determines the competence of the
authorities that execute the law, and indicates to the
individual the remedies for the violation of his rights.

CHAPTER 1 GENERAL CONSIDERATIONS

KINDS OF PUBLIC LAW
4. Law on Public Corporation deals with the study of
such
public
corporations
as
barangays,
municipalities, cities and/or chartered cities and
provinces as well as such quasi-public corporations
as
the
government-owned
and
controlled
corporations.
5. Law on Public Offices and Officers deals with the
public office, its creation, modification and
dissolution and, the eligibility, manner of election
or appointment and assumption of office, rights,
duties, powers, inhibitions, liabilities, and the
modes of terminating the official relations of
public officers.
6. Election Law deals with the study of the means
by which the people choose their officials to whom,

CHAPTER 1 GENERAL CONSIDERATIONS

INTERRELATIONSHIP WITH OTHER BRANCHES OF LEARNING
Branches of Learning

Political Science

History
presents history as past politics.

uses knowledge of the past as

it seeks to interpret present
and probable developments in
political phenomena

Economics
focuses on the study of the production,
distribution, conservation, and consumption of
wealth.

regularly adopts an economic

approach in seeking to
interpret such matters as
financial
policies
and
government
regulation of
business.

Geography/Geopolitics
deals with the study of physical factors such as
population pressures, sources of raw materials,
etc. upon domestic and foreign politics.

adopts in seeking to explain

the growth and development
of political phenomena like
democratic and authoritarian
governments.

CHAPTER 1 GENERAL CONSIDERATIONS

INTERRELATIONSHIP WITH OTHER BRANCHES OF LEARNING
Branches of Learning

Political Science

Sociology/Anthropology
focuses on 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.

uses
the
findings
of
sociologists
and
anthropologists on crime,
marital relations problems,
juvenile delinquency, housing
problems, etc. in aid of
lawmaking and policy making.

Psychology
provides a well-spring of knowledge to political
scientists in knowing how man acts and
behaves to achieve popular esteem through the
successful exercise of political leadership or
the attainment of political power.

uses the theories and

principles of psychology in
dealing with public opinion,
pressure
groups,
and
propaganda.

CHAPTER 1 GENERAL CONSIDERATIONS

INTERRELATIONSHIP WITH OTHER BRANCHES OF LEARNING
Branches of Learning

Political Science

Philosophy
provides theories about the origin of State,
individualism, democracy, communism, the
separation of governmental powers, and many
others.

Uses the different philosophical

concepts in explaining political
phenomena.

Statistics and Logic

provides statistical procedures for the
quantitative
measurement
of
political
phenomena and of logical procedures for the
analysis of reasoning.

ensures the proper application

of statistical procedures for the
quantitative measurement of
political phenomena and of
logical procedures for the
analysis of reasoning.

Jurisprudence
provides analysis of existing legal systems,
and with the ethical, historical, sociological,
and psychological foundations of law.

integrates legal and extra-legal

viewpoints to maintain a full
understanding of the facts of
political life.

CHAPTER 1 GENERAL CONSIDERATIONS

FUNCTIONS AND IMPORTANCE OF POLITCAL SCIENCE
1. To discover principles that should be adhered to in
public affairs.
2. To study the operations of government in order to
demonstrate what is good, to criticize what is bad or
inefficient, and to suggest improvements.
3. To utilize its insights for constitution-making,
legislation, law enforcement, resolution of conflicting
claims and interests, and responding to matters of
public concern.

CHAPTER 1 GENERAL CONSIDERATIONS

GOALS IN THE STUDY OF POLITCAL SCIENCE
1. Education for Citizenship.
Productive, pro-active citizens
Career preparation
2. Essential parts of Liberal Education.
Liberation from: ignorance, mediocrity and passivity
Maxim: eternal vigilance is the price of liberty.
: requires: study, information, understanding:
government and politics
3. Knowledge and understanding of Government.
a condition sine qua non for responsible citizenship
and social responsibility.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
CONCEPT OF CONSTITUTION
CONSTITUTION

CONSTITUTION refers to that body of rules and principles in

accordance with which the powers of sovereignty are regularly
exercised.

CONSTITUTION OF THE PHILIPPINES

CONSTITUTION OF THE PHILIPPINES may be defined as that

written instrument by which:

The fundamental powers of government are established, limited,

and defined; and

These powers are distributed among the several departments or

branches for their safe and useful exercise for the benefit of the
people.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
NATURE & PURPOSE OR FUNCTION OF CONSTITUTION
1.

SERVES AS THE SUPREME OR FUNDAMENTAL LAW.

.
.
.

2.

THE HIGHEST LEVEL IN THE HIERARCHY OF LAWS.

ALL OTHER LAWS MUST CONFORM TO IT.
THE TEST OF THE LEGALITY OF ALL GOVERNMENTAL ACTIONS.

ESTABLISHES BASIC FRAMEWORK AND UNDERLYING PRINCIPLES OF

GOVERNMENT.

AN ORGANIC LAW UPON WHICH GOVERNMENTS EXISTENCE IS

BASED.
IT PRESCRIBES THE PERMANENT FRAMEWORK OF THE SYSTEM OF
GOVERNMENT.
IT ASSIGNS TO THE DIFFERENT DEPARTMENTS THEIR RESPECTIVE
POWERS AND DUTIES.
IT ESTABLISHES CERTAIN BASIC PRINCIPLES ON WHICH THE
GOVERNMENT IS FOUNDED.
IT PRESERVES AND PROTECTS THE RIGHTS OF INDIVIDUALS AGAINST
THE ARBITRARY ACTIONS OF THOSE IN AUTHORITY.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
MEANING OF CONSTITUTIONAL LAW
CONSTITUTIONAL LAW

CONSTITUTIONAL LAW.

It may be defined as that branch of public law which treats of

constitutions,
interpretation.

their

nature,

formation,

amendment,

and

It refers to the law embodied in the Constitution as well as the

principles growing out of the interpretation and application made
by the courts (particularly the Supreme Court, being the court of
last resort) of the provisions of the Constitution in specific cases.
ROLE OF CONSTITUTIONAL LAW

To effect an equilibrium between authority and liberty so that rights

are exercised within the framework of the law and laws are enacted
with due reference to rights.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
KINDS OF CONSTITUTION
A.

B.

AS TO THEIR ORIGIN AND HISTORY.

1.

CONVENTIONAL OR ENACTED. One which is enacted by a constituent

assembly or granted by a monarch to his subjects like the Constitution
of Japan in 1889.

2.

CUMULATIVE OR EVLOVED. One which is a product of growth or long

period of development originating in customs, traditions, judicial
decisions, etc., rather than from a deliberate and formal enactment.

AS TO THEIR FORM.
1.

WRITTEN. One which has been given definite written form at a particular
time, usually by a specially constituted authority called a constitutional
convention.

2.

UNWRITTEN. One which is entirely the product of political evolution,

consisting largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a fundamental
character, usually bearing different dates.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
KINDS OF CONSTITUTION
C.

AS TO MANNER OF AMENDING THEM

1.

RIGID OR INELASTIC. One regarded as a document of special

sanctity which cannot be amended or altered except by some special
machinery more cumbrous than the ordinary legislative process

2.

FLEXIBLE OR ELASTIC. One which possesses no higher legal

authority than ordinary laws and which may be altered in the same
way as other laws.

The Philippine constitution may be classified as

conventional or enacted, written, and rigid or inelastic. It
was drafted by an appointive body called Constitutional
Commission.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
ADVANTAGES & DISADVANTAGES OF A WRITTEN CONSTITUTION
ADVANTAGES

DISADVANTAGES

Clearness and definiteness insofar

as it is prepared with great care and
deliberation.
It cannot be easily bent or twisted by
the legislature or the courts to meet
the temporary fancies of the
moment.
The protection it affords and the
rights it guarantees are apt to be
more secure.
It is more stable and free from all
dangers of temporary popular
passion.

It is difficult to be amended.
It prevents the immediate introduction
of needed changes.
It hinders the healthy growth and
progress of the State.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
REQUISITES OF A GOOD WRITTEN CONSTITUTION
AS TO FORM
1. BRIEF. It only outlines the structure of the government of
the whole State and the rights of the citizens.
2.

BROAD. It is a comprehensive statement of the powers and

functions of government, and of the relations between the
governing body and the governed.

3.

DEFINITE. In order to ensure easy and clear interpretation

and application of its provisions to concrete situations.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
REQUISITES OF A GOOD WRITTEN CONSTITUTION
AS TO CONTENTS
1. CONSTITUTION OF GOVERNMENT.
It deals with the
framework of government and its powers and defines the
electorate as well.
2.

CONSTITUTION OF LIBERTY. It sets forth the fundamental

rights of the people and imposes certain limitations on the
powers of government as a means of securing the
enjoyment of these rights.

3.

CONSTITUTION OF SOVEREIGNTY. It points out the mode

or procedure for the amendment or revision of the
Constitution.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
CONSTITUTION DISTINGUISHED FROM STATUTE
CONSTITUTION

A legislation direct from the people

STATUTE

A legislation from the peoples

representatives.

It merely states the general

framework of the law and the
government.

It provides the details of the subject

of which it treats.

It is intended not merely to meet

existing conditions but to govern the
future.

It is intended primarily to meet

existing conditions only.

It is the supreme or fundamental law

of the State.

It must conform to the provisions and

intent of the Constitution.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
AUTHORITY TO INTERPRET THE CONSTITUTION
1.

PRIVATE INDIVIDUAL.
. One may interpret or ascertain the meaning of a particular
provisions of the Constitution.
. Such interpretation may govern his own actions and guide
him in his dealings with other persons.

2.

THE JUDICIARY (COURTS)

. Final decisions are binding on all departments or organs of
government, including the legislature.
. It construes/interprets the applicable constitutional provisions
not in accordance with how the executive or legislative
department may want them construed or interpreted, but in
accordance with what said provisions say and provide.

CHAPTER II AN INTRODUCTION TO THE STUDY OF THE

1987 CONSTITUTION OF THE PHILIPPINES
AUTHORITY TO INTERPRET THE CONSTITUTION
2.

THE JUDICIARY (COURTS)

. Constitutional or Political Questions - are those questions
which, under the Constitution, are to be decided by the people
in their sovereign capacity, or in regard to which full
discretionary authority has been delegated to the legislature
or executive branch of the government.
They are beyond the power of the Judiciary.
For example: The determination of the President as to which
foreign government is to be recognized
by the
Philippines.

CHAPTER III STATE AND GOVERNMENT

CONCEPT OF STATE

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.

CHAPTER III STATE AND GOVERNMENT

ELEMENTS OF STATE
1. PEOPLE. They are the inhabitants of the State.
2. TERRITORY. It is a fixed portion in the surface of the
earth.
3. GOVERNMENT. It is an agency through which the will of
the State is formulated, expressed and carried out.
4. SOVEREIGNTY. It is the supreme power to command and
enforce obedience to its will from the people within its
jurisdiction and corollarily, to have freedom from foreign
control.
5. RECOGNITION. It is an act of one State to recognize the
legitimacy of government of another States.

CHAPTER III STATE AND GOVERNMENT

THE THREE BRANCHES OF GOVERNMENT
1. THE EXECUTIVE DEPARTMENT. The law-enforcing
body which executes, implements and administers
laws.
2. THE LEGISLATIVE DEPARTMENT. The law-making
body which enacts laws and repeal the same.
3. THE JUDICIARY. The law-interpreting body which
interprets and applies the provisions of law in a
specific controversy, or which hears and decide a
case.

CHAPTER III STATE AND GOVERNMENT

TWO MANIFESTATIONS OF SOVEREIGNTY

1. INTERNAL SOVEREIGNTY. The power of the

State to rule within its territory.
2. EXTERNAL SOVEREIGNTY. The power of the
State to carry out its activities without
subjection to or control by other States.

CHAPTER III STATE AND GOVERNMENT

THE THREE FUNDAMENTAL POWERS OF GOVERNMENT
1. THE EXECUTIVE POWER. The power to execute,
implement and administer laws.
2. THE LEGISLATIVE POWER. The power to enact laws
and repeal the same.
3. THE JUDICIAL POWER. The power to interpret and
apply the provisions of law in a specific controversy,
and the power to hear and decide a case.

CHAPTER III - STATE AND GOVERNMENT

THEORIES IN THE ORIGIN OF STATE
1. DIVINE RIGHT THEORY. The state is a divine creation and
the ruler is ordained by God to rule the people.
2.

FORCED / NECESSITY THEORY. The State must have been

created through force, by some great warriors who imposed
their will upon the weak.

3.

PATERNALISTIC THEORY. The State evolves or emerges

from the family, clan tribe, nation and State.

4.

SOCIAL CONTRACT THEORY. The State is created by the

voluntary and deliberate act of people to form society for
their mutual benefit and protection.

CHAPTER III STATE AND GOVERNMENT

FORMS OF GOVERNMENT
A. AS TO THE NUMBER OF PERSONS EXERCISING THE
POWERS OF SOVEREIGNTY
1. MONARCHY. The fundamental powers of the
government are exercised by one single person. In
ABSOLUTE MONARCHY, the monarch rules by divine
right. In LIMITED MONARCHY, the monarch rules in
accordance with a Constitution.
2. ARISTOCRACY. The fundamental powers of the

government or political powers are exercised by a

privileged class.

CHAPTER III STATE AND GOVERNMENT

FORMS OF GOVERNMENT
A.

AS TO THE NUMBER OF PERSONS EXERCISING THE POWERS

OF SOVEREIGNTY
3. DEMOCRACY. The fundamental powers of government are
exercised by a majority of the people.

a.

DIRECT/PURE DEMOCRACY the will of the STATE is

formulated or expressed directly and immediately through
the people in a mass meeting or primary assembly.

b.

INDIRECT/REPRESENTATIVE/REPUBLICAN DEMOCRACY
the will of the STATE is formulated and expressed
through the agency of a relatively small and select body of
persons chosen by the people to act as their
representatives.

CHAPTER III STATE AND GOVERNMENT

FORMS OF GOVERNMENT
B.

AS TO THE EXTENT OF POWERS EXERCISED BY THE CENTRAL

OR NATIONAL GOVERNMENT
1. UNITARY GOVERNMENT the central or national government
exercises the control of national and local affairs.
2. FEDERAL GOVERNMENT the powers of government are
divided between two sets of organs, one for national affairs
and the other for local affairs, each organ being supreme
within its own sphere.

CHAPTER III STATE AND GOVERNMENT

FORMS OF GOVERNMENT
C.

AS TO THE RELATIONSHIP BETWEEN THE EXECUTIVE AND

LEGISLATIVE BRANCHES OF GOVERNMENT.
1. PARLIAMENTARY GOVERNMENT the executive leadership is
composed of leading members of the legislature.
2. PRESIDENTIAL
GOVERNMENT

the
Executive
is
constitutionally independent of the legislature as regards his
tenure and his policies and acts.

CHAPTER III STATE AND GOVERNMENT

FORMS OF GOVERNMENT
C.

AS TO ITS LEGITIMACY.
1. DE FACTO GOVERNMENT a government that has not sufficiently
demonstrated its compliance with the conditions set forth by the
Community of Nations for the Recognition of a State.
2. DE JURE GOVERNMENT a government that sufficiently
demonstrated its compliance with the following conditions set forth
by the Community of Nations for the RECOGNITION OF A STATE:
a.
b.
c.

The Government has control of the administrative machinery of

the State.
The Government has popular acquiescence.
The Government is willing and able to comply with its
international obligations.

CHAPTER IV THE ESSENTIAL POWERS OF THE

STATE
1. POLICE POWER
-. The power of the State to enact such laws or
regulations in relations to persons and property
as may promote public health, public morals,
public safety, and general welfare and
convenience of the people.

-. The inherent and plenary power of the State

which enables it to inhibit all things hurtful to the
comfort, safety and welfare of society.

CHAPTER IV THE ESSENTIAL POWERS OF THE

STATE
1. POLICE POWER
-. Basis:
. Salus populi est suprema lex: The welfare of
the people is the supreme law.

. Sic utere tuo ut alienum non laedas: So use

your own as not to injure anothers property.
-. Illustrations of Police Power Laws
. Laws on Public Health
. Laws on Public Morals
. Laws on Public Safety
. Laws on General Welfare and Convenience

CHAPTER IV THE ESSENTIAL POWERS OF THE

STATE
2. POWER OF TAXATION
-. Meaning:
. The power of the State to impose charge or burden
upon persons, property, or property rights, for the
use and support of the government and to enable it
to discharge its appropriate functions.
-. Theory and Basis of Taxation.
. Lifeblood Theory - Taxes are the lifeblood of the

government and their prompt and certain

availability is an imperious need.

CHAPTER IV THE ESSENTIAL POWERS OF THE

STATE
2. POWER OF TAXATION.
-. Theory and Basis of Taxation.
. Necessity Theory the existence of government is a
necessity; that is cannot continue without means to
pay its expenses; and that for those means it has the
right to compel all citizens and property within its
limits to contribute.
. Benefits-protection Theory (Symbiotic Relationship)
This principle serves as the basis of taxation and is
founded on the reciprocal duties of protection and
support between the State and its inhabitants.

CHAPTER IV THE ESSENTIAL POWERS OF THE

STATE
2. POWER OF TAXATION.
-. Meaning of Taxes.
. Taxes - are the enforced proportional contributions
from persons and property levied by the lawmaking
body of the State by virtue of its sovereignty for the
support of the government and all public needs.
. Taxes are the financial burdens or charges imposed
by the government upon persons or property to raise
revenue for public purpose or purposes.

CHAPTER IV THE ESSENTIAL POWERS OF THE

STATE
3. POWER OF EMINENT DOMAIN ( EXPROPRIATION
POWER).
-. Eminent Domain the right or power of the State or of
those to whom the power has been lawfully delegated to
take (or expropriate) private property for public use upon
paying to the owner a just compensation to be ascertained
according to law.
-. Essential Requisites/Conditions for its Valid Exercise. (Sec.
1 & 9, Art. III, 1987Philippine Constitution)
. Observance of Due Process of Law which requires
notice to the property owner.
. Public Purpose - the taking of private property must be
for public use or benefit.
. Payment of Just Compensation the payment of the fair
market value of the property at the time of the taking.

CHAPTER IV THE ESSENTIAL POWERS OF THE

STATE
3. POWER OF EMINENT DOMAIN ( EXPROPRIATION
POWER).
-. The Meaning of Taking:

Actual taking: physical seizure of the property

Constructive taking:

Destruction, impairment, or limitation of the usual

and necessary use of the property by the owner