Political Science 2438e

Political Science It is the systematic study of the state & government The word political came from the Greek word “polis” meaning city equivalent to a sovereign state It 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

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. People 2. Territory 3. Government 4. Sovereignty

Origin of States 1. 2. 3. 4.

Divine right theory Necessity or force theory Paternalistic theory Social contract theory

State Distinguished from Nation 1. A state is a political concept, whole a nation an ethnic concept 2. 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 Government

They are usually regarded as identical. The government is only the agency through

which the state expresses its will A state cannot exist without a government It is possible to have a government without a state

Purpose & Necessity of Government Advancement 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 Government A. As to the number of persons exercising

sovereign powers: 1. Monarchy a. Absolute b. Limited 2. Aristocracy :exercised by a few privileged class 3. Democracy: exercised by a majority of the people

Forms of Government B. 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. Presidential 2. Parliamentary

The Government of the Philippines in Transition

I. Pre-Spanish Government: 1. Unit of government : Barangay – settlements or villages with more or

less 100 families 2. 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. Slaves 4. Early laws: promulgated by the datus  Laws were generally fair 

The Government of the Philippines in Transition

II. Government during the Spanish Period: 1. Spanish colonial istration: 1565 to 1821 – Philippines directly governed by

the King of Spain through Mexico 1821 to 1898 directly ruled by Spain Council of the Indies responsible for the istration, then the Council of Ministers & the Ministry of Ultramar

The Government of the Philippines in Transition 3. Government was unitary, centralized in

structure, national in scope Barangays consolidated into towns (pueblos) headed by a gobernadorcillo Towns consolidated into provinces headed be the governor, the representative of the GovernorGeneral Cities governed under special charters each with city councils or ayuntamiento 4. 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 Transition 5. The Judiciary: The Royal Audienciawas the

Supreme

Court. Courts of First Instance were also established There were special courts like the military, naval, ecclesiastical courts. III. Governments during the revolutionary era: 1. Katipunan 2. Biak na Bato /01/1897 to 12/15/1897 3. Dictatorial government- proclamation of independence June 12, 1898 4. Revolutionary government 5. First Philippine Republic Jan, 23,1899 to March

Philippine Government in Transition

IV. Government during the American regime: 1.Military Government 2. Civil government: July 14, 1901 headed by the

Governor-General with legislative powers Lawmaking bodies during the American regime: 1901-1907- Phil. Commission headed by the governor 1901-1916-Philippine commission as the Upper House, Philippine Assembly as the Lower House Spooner Law in 1916 gave way to Philippine legislature. The Philippines was represented in the US House of Representatives by the two resident commissioners elected

The Philippine Government in Transition

Commonwealth Government created pursuant

to the Tydings=Mcduffie Law on March 24,1934 Transition period of ten years prior to granting of independence Inaugurated November 15, 1935 with Manuel L. Quezon & Sergio Osmena as Vice President It was republican in form,under the presidential type Legislative power vested initially in a unicameral legislature: the National Assembly later a bicameral congress. Filipinos had complete control, the Americans on foreign

The Philippine Government in Transition

The commonwealth government functioned in

exile during World War II V. Governments during the Japanese Occupation: Japanese military istration established in Manila January 3, 1942 Philippine 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 Transition Previous 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 constitution Second – October 14,1943 under the Japanese sponsored Constitution Third – July 14,1946 Fourth – Proclaimed by President Marcos under the 1973 Constitution

The Philippine Government in Transition Provisional Government of 1986: The government established under the President

Aquino was: 1. revolutionary 2. de jure/de facto 3. constitutional & transitory 4. Democratic It derived its powers from the people to whom it was able A Provisional constitution was promulgated to replace the 1973 Constitution

Concept of Constitution It 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 Constitution 1. Serves as the fundamental or supreme law 2. Establishes basic framework & underlying

principles of government Constitutional Law – Branch of public law which treats of constitutions, their nature, formation, amendment & interpretation

Kinds of Constitution 1. a. b. 2. a. b. 3. a. b.

As to origin & history: Conventional or enacted Cumulative or evolved As to their form: Written Unwritten As to manner of amending them: Rigid or inclusive Flexible or elastic

Requisites of a good Constitution As to form: 1. Brief 2. Broad 3. Definite As to contents: 1. constitution of government 2. constitution of liberty 3. constitution of sovereignty

Constitution Distinguished from Statute

1. constitution is legislation from the people,

statute from the people’s representatives 2. 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 Philippines I. The 1935 Constitution 1. 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 Philippines

The 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 legislature 2. Reeligibility of the President & Vice President

for a second four-year term 3. Creation of the Commission on elections 4. Parity amendments 5. Right of suffrage granted to women

Constitution of the Republic of the Philippines The 1973 constitution: 1. Framing of the Constitution:

a. Congress on June 17,1969 authorized the

holding of a constitutional convention in 1971 b. Republic Act no. 6132 – set Nov. 10,1970 as election day for the 320 delegates to the convention c. Rewriting of the Constitution by the convention started June 01,1971 & was signed Nov. 30,1972 The 1935 Constitution was made the basis The constitution was approved by the Citizen Assemblies

Constitution of the Republic of the Philippines

Amendments to the 1973 Constitution: 1. making of the President as the regular President

& Vice President 2. granting of legislative powers to the President 3. establishing of a modified parliamentary form of government 4. permitting natural born citizens who have lost their citizenship to be transferees of private lands 5. allowing the “grants “ of lands of public domain to qualified citizens 6. providing land reforms & urban housing programs

Constitution of the Republic of the Philippines The 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