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CHAPTER 19:

GOVERNMENT
AND LAW
INTRODUCTION: DEFINITION AND NATURE OF
POLITICS AND GOVERNMENT
POLITICS- is precisely the theory, art, and practice of
government.
It means the practice of state cart or of governing a
country.
STATEMANSHIP- In countries where government rules as
well for the common welfare of its citizen.
DEMAGOGUERY- In places afflicted with incompetent
and corrupt leaders.
POLITICAL INSTITUTIONS- are the societal arrangements
for legislating and enforcing laws and proviing for social
services like education, public health and welfare,
distributing public funds, collecting taxes, conducting
foreign affairs, and deciding on issues of war and
peace(Stewart and Glynn 1985)
Weber,1946- the institution that sets up social norms
and values as to who will possess the monopoly of
legitimate use of physical force to compel
obedience within a given territory, how that power
is acquired and maintained comprise the state.
STATE- is a structure that has the legal authority or
right to make rules that are binding over a given
population within a given territory.
SOVEREIGNTY-it has the power to make decisions
that cannot be overruled by any other body.
STATE- has perpetual existence as long as its four
elements- people, territory, government, and
sovereignty- are present.
GOVERNMENT- is an institution by which a community
organizes itself in order to attain the members individual
and collective welfare.
Government is a political organization comprising the
individuals and institutions authorized to formulate public
policies and conduct affairs of the state.
PURPOSES OF GOVERNMENT:
To promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity
the blessings of independence of democracy.
POLICE POWER- a consequence of this is the moral right
of the government to promulgate laws and to restrain,
punish or even eliminate individuals that threaten the
existence of society.
EXACT TAXES- has the right to exact taxes from
people and properties in its territory to carry out
the function of government.
POWER OF EMINENT DOMAIN- it can
expropriate private property for public use
upon payment of just compensation.
FUNCTIONS OF THE STATE
It is the institution whose functions are carrid out by
government
MAIN FUNCTIONS OF THE STATE:
The maintenance of peace and order
The regulation and control of the lives of the people
The administration of justice
The protection and defense of the state from outside
invasion
The administration of public and social services
Conducting foreign affairs
Maintenance of strong economic ties to the world of
commerce
LATENT FUNCTIONS
The creation of political parties that are corrupt
and inconsistent with democratic ideology
The creation of power elites and social classes
The relationship between political power and
socio-economic status
Bureaucratic red tape in government
Rampant graft and corruption and misuse of
public funds
Cronyism, nepotism, palakasan system, tayo-
tayo system and padrino system
Military coup d etat
Military violation of human rights
Corrupt and unjust administration of justice
Collusion between government and business
The creation of bureaucrat-capitalists
Governments subservience to the dictates and
vested interest of foreign powers
Government as an ideological apparatus in the
service of the elite ruling class
Suppression of political dissent and activism by
those in power
Political dynasty and perpetuation of power at
all costs
The Government powers to
enact, execute and interpret
the laws
LAWS-are formalized norms, which are enacted
by people who are vested with governmental
power and enforced by political and legal
authorities designated by the government.
The legislative branch of government composed of
the House of Senate and the House of
Representatives.
Both houses deliberate upon the senate bills and
house bills which are then forwarded to the Chief
Executive(the president) for approval.
Executive branch of the government- the president
or chief executive and his/her cabinet.
In the local government level composed of the
provinces, cities, towns, or municipalities and the
barangay, the local chief executives who
implement the board resolutions and ordinances
passed by the provincial board, the city or
municipal council, and the barangay council are
known as governor, city mayor, municipal mayor
and barangay captain, respectively.
Other judicial bodies include the court of
appeals; the court of tax appeals, the
ombudsman and sandiganbayan, the regional
trial courts, the muslim sharia courts, the
municipal circuit trial courts, the municipal trial
courts and the lupong tagamayapa or pangkat
in the barangay level performing quasi-judicial
function.
POLITICAL IDEOLOGY AND
FORMS OF GOVERNMENT
POLITICAL IDEOLOGY:
IDEOLOGY- is a system of values, ideas,
beliefs and attitudes that a society or groups
within it share and accept as truth or fact; it
contains a set of attitudes towards the
various institution and processes of society.
According to Lawson 1989, ideology is a
comprehensive set of beliefs and attitudes
about social, economic, political, cultural,
and educational institutions and processes.
FOUR MAJOR IDEOLOGIES:
1.) CONSERVATIVES:
believe in conserving what exists and
preservation of status quo.
Maintains the accumulated wisdom and
experience of the countless generations gone
is more likely to be right than the passing
fashion of the moment.
Basic principles: order, continuity, and loyalty,
protection of individual freedoms, piety, and
nationalism.
Leaders: british prime minister margaret
thatcher and wesr german chancellor helmet
kohl.
2.) LIBERALS
Believe that all human beings are capable
of reason and rational action and should be
helped by their governments to fulfill their
potential.
Liberals commonly believe in some form of
social contract- that is in the idea that
human beings consent to be ruled by
others, but only on condition that individual
rights and liberties are maintained.
Liberal believes that political change should
be made through peaceful, not
revolutionary, means.
3.) SOCIALISTS
Believe that human being are naturally sociable
and cooperative, and that only the establishment
of non-socialist governments and exploitative work
arrangements has interfered with these natural
instincts.
First, Utopian Socialism envisioned by french
philosophers: comte de saint-simon, charles
fourier, englishmen robert owen.
Second, Marxist Socialism- the withering away of
the state and moving without fail to the highest
possible form of socialism, communism.
Third, Soviet Communism, led by Vladimir Lenin
who worked to bring out the russian revolution of
october 1917.
Fourth, Chinese Communism under the personal
guidance of Mao Zedong as a tool of military
takeover, developing a mass line of action
supported by the masses, and reliance on
national ideals and efforts rather than on foreign
models.
Fifth, Democratic or Revisionist Socialism which
believes that revolution is not essential to
achieve the ideal society in which workers
control the state; and that the chief task is to
organize the working class, develop its
consciousness and give it a voice in local and
national governments.
Sixth,anarchism is the political ideology by
William Godevin, Pierre Joseph Proudhon, Mikhail
Bakeinin, Petr Kropotkin. Anarchism shares with
other early varieties of socialism n emphasis on
the development of small, autonomous
communities.
Seventh, Syndicalism is a close cousin of
anarchism. The chief differences are that
syndicalism sees the trade union, rather than the
small community, as the organization best
qualified to replace the modern state.
4.) FACISM
Begins by arguing that the citizen can prosper
only when the nation prospers and ends up
placing the fate of the nation above that of its
people.
LEFT-means taking a positive view of human
nature and believing that change and progress
are necessary and possible to improve the
human condition.
RIGHT-means taking a somewhat more pessimitsic
view of human nature and placing greater
emphasis on the importance of maintaining order
and continuity.
AUTHORITARIAN AND TOTALITARIAN-refer to
political systems in which political power is
concentrated in the hands of a few the
difference being that in a totalitarian system
more effort is made to exercise that power in a ll
domains of human existence.
NATIONALISM- is the conviction that national
interests are more important that private or
international interests and does not constitute a
separate ideology.
FORMS OF GOVERNMENT
Since Aristotles time, the forms of government
envisioned by different political ideologies
have been the following:
Autocracy
Derived from the Greek autokrateia
autos which means self and krateia which
means rule.
Government in the hand of a single absolute
ruler is a despot- someone who insists on his
way and will not defer to others. He makes the
law and interprets the law. The Chief Executive
and the judiciary
An autocratic country is ruled by a king, a
monarch, a despot or a dictator.
The present-day autocracy is known as
totalitarian- a government or a state in
which the life and actions of every individual,
as well as those of every enterprise, are
controlled by a dictator.
Plato believed that the state should be ruled
by an intellectual elite- a philosopher king
It can also take the form of temporary
emergency rule such as the rule of a military
junta and a dictatorial caucus.
An example of this is the constitutional
authoritarianism of the late President
Ferdinand Marcos.
Oligarchy
Power is in the hands of a few.
Derived from the Greek oligarchein
oligos, which means few, and archein,
which means rule.
C. Right Mills believed that a handful of men
composed of the powerful military upper
echelons, the corporate rich, and the political
elites should make the most significant
decisions to steer the ship of government.
These tends to act in liaison because they
have more or less similar social backgrounds
Democracy
Form of government by the people, usually through
their representatives.
Comes from the Greek word demokrateia
demos, which means people, and krateia,
which means rule.
Popularly known as a republic or a representative
democracy- a government of the people, by the
people, and for the people.
The head of the state is an elected president, who
exercises governmental powers from the
constitution
A republic is usually guided by a constitution
promulgated by the people through their
representatives.
The republic is guided by the general principles
of social equality; social justice; equality before
the law; the supremacy of the law; separation
of powers; the exercise of political, religious and
civil freedoms; the right of suffrage; separation
of church and state; public accountability;
sovereign equality of states; amity and friendly
relations with other states; and other similar.
Socialism
Most pervasive political ideology of the 20th
century.
Presented as an alternative system against the
repression and exploitation of capitalism and
the changes brought about by the Industrial
Revolution.
Result of collective efforts of the working class,
the proletariat, the laborers, the industrial
workers, the peasants, the artisans, and the
other working classes of people who dream of
a more humane and just society.
Marx posited the idea of communism, a
Utopian state which is truly egalitarian in form.
Envisioned the disappearance of the state
and the emergence of classless society.
Marxs profound and emotional call is this:
Workers of the world unite! You have nothing
to lose except the chains of poverty and
exploitation which bound you for centuries!
To attain this Utopian dream, a dream of a
paradise on earth, a violent revolution is
inevitable to bring about the desired
structural changes.
Marxian Socialism- economic issues, and
postulates the communal ownership and
control of the means of production, distribution
and exchange.
Christian Socialism- social aspect, making of
the theory a way of life.
Democratic Socialism- political aspect,
accepting a compromise in the economic
field between state and private enterprise.
THE NATURE OF POWER
The power has a generally negative connotation
(Marger, 1981).
We often associate power with tyrants, dictators, and
leaders of fascist and totalitarian regimes. It can also
be used to combat sexism, racism, and tyrannical rules,
as shown in people power social movements.
Exercised in both Interpersonal level and Societal level
(Marger, 1981)
Interpersonal Level- direct face to face relationships
Societal Level- bring power to bear in situations that
affect many.
An example is the presidency of The Republic of the
Philippines
Political Power- basic force in the political
processes and in structuring society. Power is
the very heart of politics
Power (Weber, 1967) defined as the probability
that one actor within a social relationship will be
in a position to carry out his own will despite
resistance.
Robert Dahl- suggested that power means
getting others to comply by creating the
prospect of severe sanctions for
noncompliance
Coercion is power that rests on the threat or use
of economic domination of other countries.
Max Weber (1918-1949) Legitimate and
Illegitimate Power.
Legitimate Power- social approval of most
individuals in a group or society.
Illegitimate Power- without social approval
Weber termed Legitimate Power as
authority- power to which people willingly
submits.
LIMITATIONS TO THE EXERCISE
OF POWER
A political pundit goes, Absolute power
corrupts Power can be used as an end in
itself, or as a means to achieve desired
ends. Being subject to abuse and misuse,
power should be limited through the
following ways:
1. Principle of checks and balances- Under the
Constitution, there is no absolute separation among
the three co-equal principal organs of government.
Constitutional provisions authorized a considerable
amount of encroachment or checking by one
department in the affairs of the others.
2. Political pluralism- maintenance of the two-party or
multi-party systems, the use of countervailing force of
different power blocs, vested interest and pressure
groups.
3. Popular sovereignty- exercise of suffrage, referenda,
rights of assembly, petitions, rallies, demonstrations,
people empowerment, and other civil rights.
4. Human factors- psychological, social, and cultural
patterns prevalent in a society at a given time.
STRUCTURE AND FUNCTIONING
OF PHILIPPINE POLITICS
Philippine political institutions have undergone
experiences of tribalism, conquest,
colonization, unification, centralization,
revolution, decentralization, war, liberation,
independence, and nationalization. They
have been Hispanized, Americanized, and
recently Filipinized. Leadership has at one
time or another been traditional, charismatic,
and legal-rational (Panopio, 1981)
Before the coming of Spaniards, the native society
had extensive trade with China, India, Indonesia,
and Japan.
Native Society was divided into barangays (kinship
units). Each was ruled by monarchies, the datu or
rajah. There was no central government.
1521, Spanish colonizer Ferdinand Magellan
claimed the islands of Spain. Miguel Lopez de
Legazpi established the first permanent Spanish
settlement in Cebu in 1565. The unification and
centralization of the barangays started with the
Spanish colonial administration headed by a
governor- general. Parish priest is only the visible
symbol of Spanish authority in rural areas.
Mass discontent with Spanish rule gave rise to
nationalism especially among the educated,
cultured, and elite group of Filipinos.
Nationalistic movement was spurred by the
writings of Dr. Jose Rizal, which demanded
reforms.
Philippine Revolution (1896) led by Andres
Bonifacio and the Katipunan.
June 12, 1898, after the outbreak of Spanish-
American war, Emilio Aguinaldo declared
Philippine Independence.
Revolutionary leaders framed Malolos
Constitution.
In 1899, decentralization and local autonomy
was one of the national goals. Spain ceded the
Philippines to USA through Treaty of Paris in 1899.
Until his capture in 1901, Aguinaldo led a war against
the Americans.
Americans embarked on the education and
pacification of the Filipinos. Pursued the policy of local
self-government and centralization of the national
government. Americans promised independence to
the Filipinos after a 10 year transition.
1935, Philippines became a self-governing
commonwealth under President Manuel L. Quezon.
World War II delayed the granting of full independence
to the Philippines.
Japanese Occupation (1941-1945), the Philippine
Commonwealth, under Manuel L. Quezon, de jure in
Washington, D.C., and the Japanese puppet
government under Jose Laurel, de facto in Manila.
July 4, 1946 the Philippines gained full
independence with Manuel Roxas y Acuna as
President (1945-1948).
Economy and Social infrastructure in shambles,
Roxas had the gigantic task of rebuilding and
rehabilitating the country from the ravages of
war.
Inadequate land distribution and worsening
poverty fed the Hukbalahap (HUK) guerilla revolt
against the government, which was diffused in
early 1950s during the presidency of Elpidio
Quirino (1948-1953) by Ramon Magsaysay.
Charged with Graft and corruption by Quirino
Administration, Magsaysay joined the opposition
Nacionalista Party and won 1953 election by
landslide.
Magsaysay (1953-1957) was an advocate of land
reform and peasant welfare. Died in a plane crash in
Mt. Manunggal and President Carlos P. Garcia was
President (1957-1961). He was credited as First Filipino
Policy
Diosdado Macapagal (1957- 1961), an opposition
Liberal Party Candidate, elected president in 1961.
Called the Father of Philippine Land Reform
Comprehensive Agrarian Reform Law. He lost to
Nacionalista Party candidate, Ferdinand Marcos in
1965.
Rapid developments happened during Marcos first
term and he was reelected in 1969. His second term
was troubled by civil unrest, caused by his support of
US policy in Vietnam and the guerilla war on the
government by the NPA and MNLF.
Declared Martial Law in 1972 to restore peace.
Opposition leaders like Benigno Aquino Jr., Aquilino
Pimentel, et al were arrested and strict censorship
imposed.
Critics pointed out that his declaration was made to
perpetuate himself and his family to protect the
economic interests of his foreign ally, USA.
January 1973, transitional provisions attached to it
gave Marcos continued absolute powers and elections
were indefinitely postponed.
Critics pointed out the negative results of the Marcos
martial law period: conjugal dictatorship and conjugal
robbery, bankruptcy, mass poverty, graft and
corruption and nepotism in government, crony
capitalism, huge foreign debt, extravagant and ill-
conceived projects by the First Lady, military abuses,
and violation of human rights, economy subservient to
politics, among others.
The government of Marcos was removed by
extraordinary means in February 1986 by the
EDSA Revolution or People Power supported
by the population, church hierarchy, and the
business community, rebellious stand of Gen.
Fidel Ramos, et al. It ends the despotic rule of
Pres. Ferdinand E. Marcos.
Corazon Aquino became president in February
1987. She was named Man of the Year 1986
by TIME Magazine.
Aquino declined to run in May 1992, instead she
endorsed the eventual winner former defense
secretary, Fidel Valdez Ramos.
Philippine economy experienced some
miraculous economic growth. However, growth
slowed down due to some factors.
President Joseph Ejercito Estrada was elected as the
13th president on May 1998. His 4-year term was
aborted by congressional impeachment trial and 2nd
EDSA Revolution on January 16-20, 2001. He was
detained in Camp Capinpin on charges of economic
plunder.
His VP, Gloria Macapagal Arroyo was sworn as the 14th
president on January 20,2001.
Arroyo administration gained higher Gross National
Product (GNP). However, a number of strong criticisms
and scandals rocked her administration. These
included massive graft and corruption.
During May 2010 elections, she ran for a seat in the
Congress and won.
On the same May 2010 Presidential Elections, Benigno
S. Aquino Jr. III was elected president.
Philippine politics and its
contemporary problems and
issues
Defects in the political system, such as
constitutional provisions which create a very
strong presidency, which make it difficult to
remove him from office in spite of his unpopular
and questionable political decisions.
Bureaucracy, nepotism, massive graft and
corruption in the government.
Graft ad corruption practices before, during, and
after elections.
Excessive and lavish spending during elections.
Black propaganda, mud slinging and other dirty
tactics to discredit political opponents.
A politics focused on personalities and not on
genuine platforms of government.
Lack of strong enabling laws to curb political
dynasty, nepostism, political opportunism,
crynosim and the like.
Lack of political will on the part of government to
institute genuine land reform to provide more
social services, to allocate more budget to
education.
Governments policy un aopting globalization
Import liberalization, free trade, lifting of tariffs,
lifting of protectionist policies.
Entering into business ventures with foreign
capittalist.
Government policy on the export of manpower.
Government reliance on foreign investors.
Governments inability to provide more job
opportunities and real living wages.
Inefficient tax collection and tax evasion.
Political and economic instability.
Military abuses, police brutality and violation of
human rights.
Political bickering and political grandstanding
among the nations leaders.
Privatization and commercialization of
government-owned or controlled corporations
Traditional bonds of political patronage
Government policy on trade relations with former
colonizers rather than with asian neighbor
countries.
The issue on charter change and shift to the
parliamentary system of government.
The issue on the use of the people power as a
political force in social change.
Secessionist or separatist movement in southern
philippines by the moro national liberation front.
The insurgency movement in the countryside by the
communist new peoples army.
Legitimate collective mass movements and the
killing of media people.
Muzzling through the calibrated pre-emptive
response order and the public order act.
Extensive role of mass media in voter decision.
Alleged meddling of the church in the political
affairs of the country.
Culture of partisan politics
Culture of political concessions for mutual rewards
and benefits.
Governmental solutions to the
political problems of the
Philippines
Proposed charter change through congress sitting
as a constituent assembly.
Proposed change of the present republican form
of government to a parliamentary system
Computerization of elections
COMELEC rules and regulations.
Additional budget to defray the expenses of a
burgeoning government bureaucracy
Additional for infrastructure projects
Fiscal autonomy among government-owned
Local autonomy to local governments
Additional budget for the military and other
armed forces
Privatizations and commercialization of
government owned
Import liberalization, globalization, and
deregulation policies
Lifting of tariffs on imported goods
Inducements and incentives to MNCs and TNCs
to operate business in the Philippines.
Joining treaties and executive agreements with
word trade bodies
Opening Philippine markets
The use of military, economic, and peaceful
solutions
Liberalizing the entry of foreign nationals
Business ventures with foreign capitalists
More tax measures especially on non essential
commodities
Life style check on government employees and
officials
Government check on unexplained wealth of
government officials and employees
Establishment and creation of ombudsman and
sandiganbayan
Greater citizen involvement in the maintenance
of peace and order
Giving quasi-judicial powers and paralegal
training to barangay officials
Alloting 30% of the national budget
Austerity and cost cutting measures n
government owned
More export of brain and brawn manpower
Opening the country as an export processing
zone
The maximum use of the public order law, law on
libel, the calibrated pre-emptive response order
NATIONALIST ALTERNATIVE
SOLUTIONS TO THE CONTEMPORARY
PHILIPPINE POLITICAL PROBLEMS
Radical transformation in the political and
economic structure
Changing of form of government and economic
system
Character change on the part of government
Genuine reforms in the executive,legislative, and
judicial departments of the government
Sectoral reperesentation in the legislative branch
of government
Strict implementations of the laws
Genuine and graft free computerized elections
Genuine electoral reforms
Political will on the insttitution of genuine
measures and reforms for a clean, honest and
orderly election
Increasing the national budget for social and
health services
Government to cut its huge budget alloted to
the military and foreign debt servicing
Government ti heed the advice of the Filipino
nationalist
State funded education by strict adherence
Political will to make the educational system more
scientific, etc.
Raising the political and national consciousness of
the people through education and re-education
Streamlining the bureaucracy
Creating the enabling law on the constitutional
provision against political dynasty
Provisions for more employment opportunities with
real living wages for the people
Moe laws to ameliorate the living conditions of
those who have less in life
Establishment of more non-government
organizations, peoples organizations, people
empowerment
Extra legal means for redress of grievances
Adherence to the constitutional provision on the
right of the people to revolt against abusive
and tyrannical government
Governments policies on stronger ties an trade
relations with our Asian neighbors
Abrogation of unequal political and economic
treaties
More governmental protectionist policies
More economic solutions rather than military
solutions
Respect of human rights and freedom for all
political prisoners
Political will on the part of government to
develop our steel industry
Creation and implementation of a truly
Filipino nationalist ideology
Political will on the part of government to be
more truly politically and economically
independent.
SUMMARY
Thischapter touches on the nature of
politics, state of government and law; the
nature of power, the structuring and
functioning of Philippines politics, political
ideology and forms of government