Download as pdf or txt
Download as pdf or txt
You are on page 1of 11

LEC1: INTRODUCTION TO POLITICS AND BASIS OF A NATION:

GOVERNANCE
A group of people who share:
POLITICAL SCIENCE
1. Common descent or history
● In its simplest terms, political science is the
2. Traditions and culture
systematic study of the state and the
government. The word “political” is derived fom 3. Common language
the Greek word “polis” which means a city. The
word “science” comes from the Latin word 4. May or may not have its own country
“scire” which “means to know”. Can there be a state without a nation?
● This is a study of the state and the government
with all the activities and phenomena about it.
Can there be a nation without a state?
WHAT IS A STATE?

- A state is a community of persons, more


or less numerous, permanently
occupying a definite portion of a
territory, having a government of their
own through which a great number of
inhabitants render habitual obedience
and enjoying freedom from external
control.

ELEMENTS OF THE STATE

1. People CONCEPT OF A NATION-STATE

2. Territory - In political science, nation refers to a


group of people sharing a common
3. Government
social origin, language, customs and
4. Sovereignty traditions. A nation-state is one which is
a state (having all the elements of the
- Internal state which also possess the
- External characteristics of a nation) Examples of a
nation-state are Japan, South Korea,
Iceland and Portugal
WHAT IS A NATION? WHAT IS A GOVERNMENT?
- A nation is a large body of people united - It is an agency through which the will of
by common descent, history, culture, or the state is formulated, expressed and
language, inhabiting a particular country carried out. An institution that should
or territory. The word “nation” can also protect the rights of its people and that
refer to a group of people who share a acts as the machinery of the state.
history, traditions, culture and, often,
language— even if the group does not
have a country of its own.
LEC 2 : THE EVOLUTION OF THE PHILIPPINE free and sovereign Philippines. The Katipunan is
GOVERNMENT a government having an organized structure.
The central government is vested in the Supreme
Council. In each province there is a Provincial
GENERAL TIMELINE OF PHILIPPINE HISTORY council and, in each town, a Popular council. The
judicial power was exercised by the Judicial
BEFORE 1521 PRE- COLONIAL PERIOD council.
1565-1898 SPANISH ERA
1879-1946 AMERICAN REGIME
WORLD WAR II
THE FIRST PHILIPPINE REPUBLIC
1942-1945 JAPANESE OCCUPATION
1946 - POST WAR PERIOD On September 15, 1898, a revolutionary
PRESENT Congress of Filipino representatives met in
Malolos, Bulacan at the call of the Revolutionary
Government. After the promulgation of the
THE PRE-COLONIAL GOVERNMENT
Malolos Constitution on September 15, 1898,
- The barangay was the pre-colonial the Malolos Congress formally ratified on
sociopolitical unit in the Philippines. It is September 29, 1898 the proclamation of
headed by a chieftain usually called as Philippine Independence made by General
datu, rajah or sultan (mostly in the Aguinaldo in Kawit, Cavite on June 12, 1898.
southern part of the country). The
chieftain is the highest among the social
class and possesses the executive, AMERICAN REGIME
legislative and judicial power of his
kingdom. - During the American regime there were
- In the performance of his duties, he was two types of government that were
assisted usually by a council of elders established. The first was a Military
(maginoos) which served as his advisers. government from 1898- 1901. Later by
One could be a datu by inheritance, the virtue of the Spooner amendment, a
wisdom, wealth or physical prowess. Civil government was inaugurated in
1901. After several legislations by the
SPANISH ERA American government it allowed us to
have an election for the Commonwealth
- The Spanish colonial system ruled the
government.
Philippines from 1565-1898. The powers
of the government were actually
- Elections in 1935 gave rise to Manuel
exercised by the Governor-general. As
Quezon as the First president of the
Captain general he is the commander in
Commonwealth government with Sergio
chief of the armed forces. The first
Osmena as his Vice-President. The
governor general of the Philippines is
Commonwealth government was
Miguel Lopez De Legazpi.
pursuant to a law by the United States
- It is said that the governor general
Congress known as the Tydings Mcduffie
enjoys more power than the King of
Law. It is said that the Commonwealth
Spain. He can even ignore the orders
status was a form of government in
given by the King (royal decrees). The
transition towards independence.
power is called cumplase. The decrees
passed by the governor general on the
- The Commonwealth was a presidential
other hand is called superior decrees.
type with a unicameral Congress (one
The Katipunan was a secret society that chamber) called as the National
precipitated the glorious revolution of 1896 Assembly. Later, a bicameral congress
against Spain. Its ultimate goal is to establish a (two chambers) was established.
Because of this, the Congress will be - After the ousting of Ferdinand Marcos,
composed of two houses called as the Corazon Aquino ascended as President of
Senate and the House of the Philippines which is known as the start
Representatives. The eruption of the of the Fifth republic. Her tenure was from
Second World War affected the 1986-1992. The Philippine government was
Commonwealth government which will restored into a democracy and a new
be forced into exile to the United States. constitution was adopted.

JAPANESE OCCUPATION

- The occupation of the Japanese Imperial


Army to the Philippines led to the
appointment of Jose P. Laurel as the
President of the Japanese Sponsored
government known as the Second
Republic of the Philippines. Upon the
defeat of Japan in the war, the United
States recognized the independence of
the Philippines in 1946 and paved way to
the Third republic.

POST WAR PERIOD

- Ferdinand Marcos was elected as President


from 1965-1969 and won in a re-election of
the presidential race in 1969. His terms
should have ended in 1973 but a year
before his term expires, he proclaimed
Martial law. The proclamation of Martial
suspended the elections of 1973 and
dissolved the Congress. Marcos was the last
president of the third republic because in
1981, he reorganized the government into a
semi parliamentary type which is known as
the Fourth republic. He ruled the Philippines
until 1986.
LEC 3: THE CONCEPT OF THE CONSTITUTION
2. Flexible or elastic
MEANING OF THE CONSTITUTION
- One that possesses no higher legal
• In its broad sense, the term constitution refers authority than ordinary laws and can be
to that body of rules and principles with which altered in the same way as other laws.
the powers of sovereignty are regularly
exercised.
To describe the Philippine Constitution
• With reference to the Constitution of the
Philippines, it may be defined as a written - Conventional
instrument by which the fundamental powers of - Written
the government are established, limited and - Inelastic
defined and by which these powers are
REQUISITES OF A GOOD WRITTEN
distributed among the several departments or
CONSTITUTION
branches for their safe and useful exercise for
the benefit of the people (De Leon 2008) - Brief - The constitution should not be
too detailed because it would lose the
advantage of a fundamental law which
KINDS OF CONSTITUTION in a few provisions outlines the structure
of the government of the whole state
A. As to their origin or history
and the rights of the citizens.
Furthermore, it would be then necessary
1. Conventional or enacted
to amend it once in a while to cover may
- One which is enacted by a constituent
future contingencies.
assembly or granted by a monarch to his
subjects.
- Broad - It has to be as comprehensive as
possible
2. Cumulative or evolved
- One which is a product of growth or a
long period of development originating
- Definite - - It should be clear because any
in customs, traditions, judicial decisions
vagueness may lead to opposing
rather from a formal or deliberate
interpretations which may cause
enactment
incalculable harm
-
B. As to their form A GOOD WRITTEN CONSTITUTION MUST
1. Written CONTAIN ALSO THREE SETS OF
- One which is has been given definite PROVISIONS/PARTS
written form at a particular time, usually
by a “constitutional convention” - Constitution of Government – a part
which contains the structure of the
2. Unwritten Philippine government
- One which is a product of political
evolution, consisting of customs, judicial - Constitution of Liberty
decisions and statutory enactments. – a part which contains the fundamental
rights of the people and imposing certain
limitations on the powers of the
government as a means of securing the
C. As to the manner of amending them
enjoyment of rights
1. Rigid or inelastic
- One which cannot be amended or
altered by ordinary legislative process
LEC 4: PHILIPPINE GOVERNMENT & HISTORY OF
- Constitution of Sovereignty THE CONSTITUTION
- Contains the mode and procedure for
BRANCHES OF THE GOVERNMENT
amending or revising the constitution
1. EXECUTIVE BRANCH
- Tasked to administer and enforce the
HIERARCHY OF LAWS laws

1. Constitution
2. LEGISLATIVE BRANCH
2. Statutes – Laws made by the legislative branch - Makes, alter, or repeal the laws
(Congress)
3. JUDICIAL BRANCH
3. Ordinances- Laws made by the local legislative - Interprets the laws and decide on cases
branch (Provincial or City council)
WHAT IS CONSTITUTION?
• The constitution is the fundamental law of the
land and is supreme to all other laws. Therefore, 1. The fundamental law of the land
all other laws must conform to the constitution 2. Provides the framework of the
government
• Any law which will contradict the provisions of 3. Supreme or highest among all other laws
the constitution will be declared created by the government
unconstitutional. The one who declares a law 4. Specifies the powers of the government
unconstitutional is the Judicial branch and the limitations of such powers
particularly the Supreme Court 5. Contains the rights and duties of the
people

CONSTITUTION VS STATUTE

COSNTITUTION STATUTE
A legislation directly from Legislations from the people
the people S representative
(CONGRESS)
States the general Provides the details of the
framework of the subject which it treats
government
Intended not merely to Intended to meet existing
meet the existing conditions only
conditions but to govern
the future
The supreme law which all
other laws must conform

THE CONSTITUTION OF THE PHILIPPINES

1. BIAK NA BATO CONSTITUTION


- When the revolutionary forces of
General Aguinaldo reached Bulacan,
they established the Biak-na-bato
republic/government. An assembly of
Filipino rebels were called and agreed
that a republican government would be
formed.
- The 1943 constitution was basically a
- Isabelo Artacho and Felix Ferrer were condensed version of the 1935
tasked to draft a constitution. Then on constitution and by nature, it only
November 1, 1897, the constitution was became effective during the duration of
promulgated by the Philippine the war. When Philippines became
revolutionary government. independent in 1946 after the war, it
reverted back in using the 1935
2. MALOLOS CONSTITUTION constitution.

- This constitution was crafted when 5. 1973 CONSTITUTION


congress started the discussions after
the submission of a draft by Felipe - By the virtue of the 1935 constitution, a
Calderon. president was allowed to run for re-
elections which gave President Marcos a
- The approval of the constitution had a chance to win in his re-election bid in
delay due to the objections of Apolinario 1969. He then declared Martial law in
Mabini. He saw the several defects of 1972 citing provisions of the 1935
the constitution and stated that it is not constitution, and few months later, a
suitable to the situation at that time. It new constitution was drafted and
also appears that the constitution ratified. The constitution was approved
empowers the congress more than the in January 17, 1973.
other branches of the government.
- The constitution provided a
3. 1935 CONSTITUTION parliamentary form of government
which the legislative power was vested
- The said constitution served as the in the Batasang Pambansa.
fundamental law of the land from 1935-
1972. This established the 6. FREEDOM CONSTITUTION
Commonwealth of the Philippines and
provides that upon the withdrawal of - After the ousting of Ferdinand Marcos
the American forces in the Philippines, it from the presidential palace, the Aquino
shall be known as the Republic of the government took control of the country.
Philippines.
- Immediately they abolished the
- The constitution was approved by U.S government of her predecessor and
President Franklin Roosevelt on March sought to establish a new government.
23, 1935 and ratified by the Filipino Suspending the use of the 1973
people in a plebiscite on May 14, 1935 constitution, a temporary or transitional
constitution was drafted pending the
approval of the new constitution known
4. 1943 CONSTITUTION as the 1987 constitution

- When the Japanese Imperial Army took 7. 1987 CONSTITUTION


over the Philippines, the commonwealth - The 1987 constitution was made by
government headed by Quezon was in virtue of the Freedom constitution.
exile to the United States. Japan President Aquino appointed members of
therefore created a government which the Constitutional Commission, a group
they appointed Jose P. Laurel as that is tasked to draft the 1987
president and adopted a constitution. constitution representing various
sectors of society from politics, arts to
religion. The Commission was headed by LEC 5 : INHERENT POWERS OF THE STATE &
Justice Cecilia Munoz Palma. INTRODUCTION TO THE CONSTITUTION

INHERENT POWERS OF THE STATE


- On February 11, 1987, the new
constitution was proclaimed ratified and
in effect.
Once a state existed, meaning it possessed all
the elements of the statehood, it also possesses
THE 1987 CONSTITUTION the inherent powers.
- IT HAS 18 ARTICLES WITH A PREAMBLE

- A PRESIDENTIAL SYSTEM RESTORED A The three inherent powers of the state are :
BICAMERAL CONGRESS ( 2 HOUSES) POLICE POWER, POWER OF TAXATION AND
POWER OF EMINENT DOMAIN

- IT CONTAINS MODIFIED BILL OF RIGHTS


1. POLICE POWER
- CREATED A COMMISSION OF HUMAN
RIGHTS - referred to as the power of the state to
enact such laws or regulation and
enforce it in relation to persons and
- RECOGNITION OF AUTONOMOUS property as may promote public health,
REGION OF MUSLIM MINDANAO AND public morals, public safety and general
THE CORDILLERA ADMINISTRATIVE welfare.
REGION 2. POWER OF TAXATION

- the power of the state to impose charge


or financial burden upon persons and
property or property rights, for the use
and support of the government and to
enable it to discharge its duties and
functions

3. POWER OF EMINENT DOMAIN

- power of the state to take private


properties for public use upon paying to
the owner a just compensation

WHAT IS A CONSTITUTION?

PREAMBLE

• It is the introductory part of the


constitution

• It came from the word “preambulare”


which means to walk before

• It is not considered as part of the


constitution
source of his election or the nature or
duration of his tenure.
We, the sovereign Filipino people, imploring the
TYPES OF MONARCHY
aid of Almighty God, in order to build a just and
• ABSOLUTE
humane society and establish a Government
that shall embody our ideals and aspirations, - the monarch rules in virtue of
promote the common good, conserve and the divine right. He exercises
develop our patrimony, and secure to ourselves absolute powers, he is the chief
and our posterity the blessings of independence executive, the legislator and the
and democracy under the rule of law and a judge at the same time
regime of truth, justice, freedom, love, equality,
and peace, do ordain and promulgate this • LIMITED OR
Constitution. CONSTITUTIONAL

- In a limited monarchy, the


monarch rules in accordance with
LEC 6: BASIC FORMS OF THE GOVERNMENT: a constitution or set of laws to be
FUNDAMENTALS OF POLSCI followed
“Government should be set up so that no man - ARISTOCRACY
need be afraid of another.”
● A government in which the political
- BARON DE MONTESQUIEU power is exercised by a few privileged
classes. This form of government was
THE GOVERNMENT
practiced before by ancient Greece.
A. FUNCTIONS OF A GOVERNMENT Likewise, ancient Rome also had this form
1. DEFENSE of government consisting of the consuls,
the senate and tribal assembly.
- Protect its citizens and its territory
- DICTATORSHIP
against external threats
● This is a form of government ruled by a
2. ECONOMIC DEVELOPMENT dictator. The dictator usually would have his own
way to remain in office and maintain his power.
- Helps in the sustainance and growth of
the economy TYPES OF DICTATORSHIP

• AUTHORITARIAN
3. LAW ENFORCEMENT - the leader only controls the political
- Implementation of laws for peace and sphere of the certain state
order in the state
• TOTALITARIAN
4. LEGITIMATION - he leader controls all aspects of life
- Legislation and administration of justice (politics, education, religion, culture)
system
-
B. FORMS OF GOVERNMENT
1. AS TO THE NUMBER OF PERSONS
EXERCISING POWER:

- MONARCHY
● A government in which the supreme
and final authority is in the hands of a
single person without regard to the
each organ being supreme within its own
sphere.

- UNITED STATES OF AMERICA

3. AS TO THE RELATIONSHIP BETWEEN


THE EXECUTIVE AND LEGISLATIVE
BRANCHES:

A. PRESIDENTIAL
- one in which the executive branch is
constitutionally independent of the
legislature as regards his policies,
- DEMOCRACY powers and tenure.
-
● This is derived from the Greek term demos, - In a presidential system, the president is
which means people and kratos which means elected by the people through the
rule. The political power is exercised by the process of election and has a fixed term
majority. of office. He may also be removed from
office through legal processes like
TYPES OF DEMOCRACY
impeachment
• DIRECT OF PURE
the will of the state is formulated or
expressed directly and immediately
through the people in a mass meeting or
primary assembly

• INDIRECT OF REPUBLICAN
- One in which the will of the state is
formulated and expressed through the
agency of selected persons chosen by
the people to act as representatives. B. PARLIAMENTARY

- one in which the executive and


2. AS TO THE EXTENT OF POWERS legislative branch are fused into one
EXERCISED BY THE CENTRAL body called the parliament which makes
GOVERNMENT: laws and policies at the same time
enforcing it.
A. UNITARY - In a parliamentary system, the people
- one in which the control of national and will elect the members of the
local affairs is exercised by the central or parliament. The Prime Minister is then
national government. elected by the installed parliament. His
- PHILIPPINES tenure will last until the parliament will
vote for the loss of confidence to the
B. FEDERAL prime minister
- one in which the powers of government are
divided between two sets of organs, one for
national affairs and the other for local affairs,
LEC 7 : NATIONAL TERRITORY

ARTICLE I OF THE PHILIPPINE CONSTITUTION

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,
4. AS TO ITS LEGITIMACY the seabed, the subsoil, the insular shelves, and
other submarine areas. The waters around,
A. DE JURE between, and connecting the islands of the
- LEGITIMATE GOVERNMENT archipelago, regardless of their breadth and
dimensions, form part of the internal waters of
B. DE FACTO the Philippines.

- NO LEGAL RECOGNITION

Remember: The distinction only becomes MEANING OF ARCHIPELAGO


relevant when there are two existing - The term archipelago was derived from
governments at the same time the Greek word pelagos which means
“sea” It has been defined as a sea or part
of a sea studded with islands , often
C. DESCRIPTION OF THE PHILIPPINE synonymous with island groups or as a
GOVERNMENT large group of islands in an extensive
THE PHILIPPINE GOVERNMENT body of water.

● Democratic

● Republican (indirect democracy) - In other words, it includes both sea and


islands which geographically may be
● Unitary considered as an independent whole.
● Presidential
Other areas included in the Phil. Archipelago

1. THE TERRITORIAL SEA- It is that part of the sea


extending 12 nautical miles (19 kms.) from the
low-watermark, It is also called marginal sea, the
marine belt or the marginal belt

2. THE SEABED- This refers to the land that holds


the sea, lying beyond the seashore including
mineral and natural resources

3. SUBSOIL- This refers to everything beneath


the surface soil and the seabed, including
mineral and natural resources
4. INSULAR SHELVES (CONTINENTAL SHELVES)- irrespective of their breadth and
They are the submerged portions of a continent dimensions form part of the internal
or offshore island, which slope gently seaward waters of the state subject to its
from the low waterline to a point where a exclusive sovereignty.
substantial break in grade occurs, at which point
the bottom slope seaward at a considerable
increase in slope until the great ocean depths are LEC 8 : DECLARATION OF PRINCIPLES AND
reached STATE POLICIES
5. OTHER SUBMARINE AREAS- They refer to all Section 1. The Philippines is a democratic and
areas under the territorial sea. Among republican State. Sovereignty resides in the
oceanographic terms used are seamount, people and all government authority emanates
trench, basin, deep, bank, shoal and reef from them.

V Section 2. The Philippines renounces war as an


instrument of national policy, adopts the
generally accepted principles of international
law as part of the law of the land and adheres to
the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.

Section 3. Civilian authority is, at all times,


supreme over the military. The Armed Forces of
the Philippines is the protector of the people and
the State. Its goal is to secure the sovereignty of
the State and the integrity of the national
territory.
THREE-FOLD DIVISION OF NAVIGABLE WATERS

1. INLAND OR INTERNAL WATERS


Section 4. The prime duty of the Government is
- They are parts of the sea within the to serve and protect the people. The
land territory. Also called as national Government may call upon the people to defend
waters the State and, in the fulfillment thereof, all
citizens may be required, under conditions
2. TERRITORIAL SEA provided by law, to render personal, military or
- It is the belt of water outside and civil service.
parallel to the coastline or to the outer
limits of the inland or internal waters
- Section 5. The maintenance of peace and order,
3. HIGH OR OPEN SEAS the protection of life, liberty, and property, and
- These waters that lie seaward of the promotion of the general welfare are essential
territorial sea for the enjoyment by all the people of the
blessings of democracy.
ARCHIPELAGIC DOCTRINE

- It meant that an archipelago shall be


regarded as a single unit, so that the Section 6. The separation of Church and State
waters around, between and connecting shall be inviolable.
the islands of the archipelago,

You might also like