Political Science

Political ScienceIt is the systematic study of the state &

governmentThe word political came from the Greek word“polis” meaning city equivalent to a sovereign

stateIt is the basic knowledge & understanding of the

state & the principles & ideas which underlie its organization & activities

It is primarily concerned with the association of human beings in a body politic or a political

community

Concepts of State & Government State is a community of persons more or less

numerous , permanently occupying a definite portion of territory , having a government of their own to which a great body of inhabitants render obedience & enjoying freedom from external control

Elements of the State:1. People2. Territory3. Government4. Sovereignty

Origin of States1. Divine right theory2. Necessity or force theory3. Paternalistic theory4. Social contract theory

State Distinguished from Nation1. A state is a political concept, whole a

nation an ethnic concept2. A state is not subject to external control

while a nation may or may not be independent from external control

3. A single state may consist of one or more nations or peoples , a single nation maybe made up of several states

State Distinguished from GovernmentThey are usually regarded as identical. The government is only the agency through

which the state expresses its willA state cannot exist without a governmentIt is possible to have a government without a

state

Purpose & Necessity of GovernmentAdvancement of the public welfare:

government exists for the welfare of the people

Consequence of absence: without an organized structure of government anarchy & disorder & a general feeling of fear & insecurity will prevail in society

Forms of GovernmentA. As to the number of persons exercising

sovereign powers:1. Monarchya. Absoluteb. Limited2. Aristocracy :exercised by a few privileged

class3. Democracy: exercised by a majority of the

people

Forms of GovernmentB. As to the extent of powers exercised by the

central or national powers:1. Unitary government: control of national &

local affairs exercised by the national or central government

2. Federal : powers of government divided: one for national, the other for local affairs

As to relationship between the executive & legislative branches of government:

1. Presidential2. Parliamentary

The Government of the Philippines in TransitionI. Pre-Spanish Government:1. Unit of government :Barangay – settlements or villages with more or less

100 families2. Datu – chief of the Barangay,also called rajah, sultan

or datu assisted by the council of Elders (Maginoos )3. Social classes: a. Nobility b. Freeman c. Serfs d. Slaves4. Early laws: promulgated by the datus Laws were generally fair

The Government of the Philippines in TransitionII. Government during the Spanish Period:1. Spanish colonial administration:1565 to 1821 – Philippines directly governed

by the King of Spain through Mexico1821 to 1898 directly ruled by SpainCouncil of the Indies responsible for the

administration, then the Council of Ministers & the Ministry of Ultramar

The Government of the Philippines in Transition3. Government was unitary, centralized in structure,

national in scopeBarangays consolidated into towns (pueblos) headed

by a gobernadorcilloTowns consolidated into provinces headed be the

governor, the representative of the Governor-GeneralCities governed under special charters each with city

councils or ayuntamiento4. The governor-general/captain general or vice royal

patron :exercise executive, legislative & judicial powers. As vice royal patron exercised certain religious powers

Philippine Government in Transition5. The Judiciary: The Royal Audiencia was the Supreme Court.Courts of First Instance were also establishedThere were special courts like the military, naval,

ecclesiastical courts.III. Governments during the revolutionary era:1. Katipunan2. Biak na Bato /01/1897 to 12/15/18973. Dictatorial government- proclamation of independence

June 12, 18984. Revolutionary government5. First Philippine Republic Jan, 23,1899 to March 23,1901

Philippine Government in Transition IV. Government during the American regime:1.Military Government2. Civil government: July 14, 1901 headed by the Governor-

General with legislative powersLawmaking bodies during the American regime:1901-1907- Phil. Commission headed by the governor1901-1916-Philippine commission as the Upper House,

Philippine Assembly as the Lower HouseSpooner Law in 1916 gave way to Philippine legislature.The Philippines was represented in the US House of

Representatives by the two resident commissioners electedElected by the Philippine Legislature

The Philippine Government in TransitionCommonwealth Government created pursuant to

the Tydings=Mcduffie Law on March 24,1934Transition period of ten years prior to granting of

independenceInaugurated November 15, 1935 with Manuel L.

Quezon & Sergio Osmena as Vice PresidentIt was republican in form,under the presidential

typeLegislative power vested initially in a unicameral

legislature: the National Assembly later a bicameral congress. Filipinos had complete control, the Americans on foreign affairs

The Philippine Government in TransitionThe commonwealth government functioned in

exile during World War IIV. Governments during the Japanese Occupation:Japanese military administration established in

Manila January 3, 1942Philippine Executive Commission –the civil

government headed by Jorge Vargas composed of Filipinos It exercised both executive & legislative powers

The Japanese sponsored Republic; October 14,1943 with Jose P. Laurel as President

The Philippine Government in TransitionPrevious Philippine Republics:Republic of the Philippines was formally inaugurated

on July 04,1946 with Manuel Roxas as first President & Elpidio Quirino as Vice President

Philippine republics established:First- January 23,1899 under the Malolos constitutionSecond – October 14,1943 under the Japanese

sponsored ConstitutionThird – July 14,1946Fourth – Proclaimed by President Marcos under the 1973 Constitution

The Philippine Government in TransitionProvisional Government of 1986:The government established under the President

Aquino was:1. revolutionary2. de jure/de facto3. constitutional & transitory4. DemocraticIt derived its powers from the people to whom it

was accountableA Provisional constitution was promulgated to

replace the 1973 Constitution

Concept of ConstitutionIt refers to the body of rules & principles in

accordance with which the powers of sovereignty are regularly exercised

Constitution of the Philippines is a written instrument by which the fundamental powers of the government are established, limited and defined and by which these powers are distributed among the several departments or branches for their safe & useful exercise for the benefit of the people.

Nature & Purpose or Function of the Constitution1. Serves as the fundamental or supreme law2. Establishes basic framework & underlying

principles of governmentConstitutional Law – Branch of public law

which treats of constitutions, their nature, formation, amendment & interpretation

Kinds of Constitution1. As to origin & history:a. Conventional or enactedb. Cumulative or evolved2. As to their form:a. Writtenb. Unwritten3. As to manner of amending them:a. Rigid or inclusiveb. Flexible or elastic

Requisites of a good ConstitutionAs to form:1. Brief2. Broad3. DefiniteAs to contents:1. constitution of government2. constitution of liberty3. constitution of sovereignty

Constitution Distinguished from Statute1. constitution is legislation from the people,

statute from the people’s representatives2. a constitution states the general

framework of the law, a statute provides the details of the subject it treats

3. a constitution is intended to govern the future, a statute to meet existing conditions

4. a constitution is the supreme or fundamental law to which all statutes must conform

Constitution of the Republic of the PhilippinesI. The 1935 Constitution1. Framing & ratification:a. Approval on March 24, 1934 by President Franklin

Roosevelt of the Tydings McDuffie Law known as Philippine Independence Act

b. Approval on May 5, 1934 by the Phil. Legislature of a bill calling a constitutional convention

c. Approval on February 8,1935 by the convention of the Constitution

d. Approval on march 23,1935 by President Roosevelt of the constitution

e. Ratification on May 14, 1935 of the constitution by the Filipino electorate

Constitution of the Republic of the PhilippinesThe TydingsMcDuffie Law empowered the Filipinos to

frame their constitution but it imposed certain limitations like: the constitution being republican in form, should contain bill of rights & define the relationships between the US & the Philippines

Sources: constitution of the US, the 1898 Malolos constitution, & three organic laws as: Instruction of President Mckinley to the 2nd Phil. Commission,Phil. Bill of 1902, & Jones Law of August 26,1916

The constitution was intended for the Commonwealth & the Republic

However it ceased to operate during the Japanese Occupation :1942-1944

The Constitution of the Republic of the Philippines Amendments to the 1935 Constitution:1. Establishment of a bicameral legislature2. Reeligibility of the President & Vice

President for a second four-year term3. Creation of the Commission on elections4. Parity amendments5. Right of suffrage granted to women

Constitution of the Republic of the PhilippinesThe 1973 constitution:1. Framing of the Constitution:a. Congress on June 17,1969 authorized the holding

of a constitutional convention in 1971b. Republic Act no. 6132 – set Nov. 10,1970 as

election day for the 320 delegates to the conventionc. Rewriting of the Constitution by the convention

started June 01,1971 & was signed Nov. 30,1972The 1935 Constitution was made the basisThe constitution was approved by the Citizen

Assemblies

Constitution of the Republic of the PhilippinesAmendments to the 1973 Constitution:1. making of the President as the regular President

& Vice President2. granting of legislative powers to the President3. establishing of a modified parliamentary form of

government4. permitting natural born citizens who have lost

their citizenship to be transferees of private lands5. allowing the “grants “ of lands of public domain to

qualified citizens6. providing land reforms & urban housing programs

Constitution of the Republic of the PhilippinesThe 1987 constitution:Framing & ratification:1. Under Article 5 of Presidential

Proclamation on March 25,1986, the 1987 was drafted by the Constitutional Commission

The proposed Constitution was approved October 12, 1986 & was approved by the President October 15 ratified by the people February 02,1987