Political Science - is a systematic study of the ➢ China is the largest state in point of
state and government. population placed at 1,314,480,000
- “Political” derived from the Greek word polis meaning a city 2. Territory - Fixed position (art.1) - “Science” comes from the Latin word scire, - Must be small or big population for “to know” the need of the people ● Domains ● Scope of Political science ❖ Aerial 1. Political theory ❖ Fluvial 2. Public law ❖ Terrestrial 3. Public administration ➢ Vatican is the smallest state in terms of territory with an area of only 0.17 square State mile or 0.44 square kilometers - A state is a community of persons more or ➢ The Republic of Nauru has an area of about less numerous permanently occupying a 8 square miles or 21 square kilometers definite portion of territory, having a ➢ The former Soviet Union was the largest government of their own to which the great state in point of territory with an area of body of inhabitants render obedience and 8,599,766 square mile or 22,273,410 enjoying freedom from external control square kilometers (James Garner) ➢ Canada is the biggest state when it comes Nation in territory with an area of 3,849,674 square - Is a group of people bound together by miles or 9,970,610 square kilometers certain characteristics such as common social origin, language, customs and 3. Government - It refers to the agency traditions, and who believe that they are one through which the will of the state is and distinct from others. formulated, expressed and carried out. - Synonymous with “people” (art.6,7,8,10) - Political authority Origin of state - The body that represent the state 1. Divine right theory ● Kinds of Government 2. Necessity and force theory ❖ De Jure (complete government) - is 3. Paternalistic theory an organized government of a state 4. Social contract theory which has the general support of the people. Elements of state ❖ De Facto (incomplete government) - 1. People - This refers to the inhabitants living is a government which actually within the state. Without people there can exercises power or control but be no functionaries to govern and no without legal title. subjects to be governed. (art.3,4,5,12,15) ● Classifications / Forms of government ● Natural persons The principal forms are the following ❖ Citizens ❖ As to number of persons exercising - Natural born sovereign powers: - naturalized citizens 1. Monarchy - or one in which the ❖ Aliens supreme and final authority is in the ● Artificial persons hands of a single person without ➢ Vatican is the smallest state in point of regard to the source of his election population with only 900 citizens or the nature or duration of his ➢ Island Republic of Nauru has a total tenure population of 9,000 a. Absolute monarchy - one 9. Military - established and which the ruler rules by administered by a belligerent in the divine right. territory of an enemy occupied by b. Limited monarchy - one in him which the ruler rules 10. Dictatorial - form of government in accordance with a which one person or a small group constitution. possesses absolute power without 2. Aristocracy / Oligarchy - one in effective constitutional limitations. which political power is exercised by 11. Republican - form of government in a few privileged classes. which a state is ruled by 3. Democracy - one in which political representatives of the citizen body power is exercised by a majority of 12. Islamic republic - a form of the people. government based on sharia law. As a. Direct or pure - the power is a term, it has been used to describe directly exercised by the various historical polities and people through assembly or theories of governance in the Islamic mass meeting. world b. Indirect or representative or 13. Constitutional - the powers of those republican - the power is who rule are defined and limited by exercised by a group of the constitution persons chosen by the 14. Civilian - one in which political people to act as their leadership and decision-making representatives responsibilities are in the hands of ❖ As to extent of powers exercised by the elected or appointed officials who central or national government: are civilians, rather than military 4. Unitary - one in which the control of personnel. national and local affairs is exercised ● Functions of Government by the central or national ❖ Constituent - are those which government constitute the very bonds of society 5. Federal - one in which the powers of and are compulsory in nature. government are divided between two ❖ Ministrant - are those that are sets of organs, one for national undertaken only by way of affairs and the other for local advancing the general interests of authorities. society and are merely optional. ❖ As to relationship between the executive ➢ The Philippines is a representative, unitary, and the legislative branches of government: presidential civil, constitutional, elective, 6. Parliamentary - one in which the coordinate, and de jure government. In a state confers upon the legislature way, it also exercises direct or pure the power to terminate the tenure of democracy because of the constitutional office of the real executive. provision on initiative and referendum. 7. Presidential -the executive is constitutionally vested with powers 4. Sovereignty - is the supreme power of the making it independent from the state to command and enforce obedience to legislative department. its will from people within its jurisdiction and 8. Totalitarian - a form of government corollarily, to have freedom from foreign that theoretically permits no control. individual freedom and that seeks to - It is the supreme, absolute and subordinate all aspects of individual uncontrollable power by which any life to the authority of the state. state is governed which these powers are distributed among ● Two manifestations the several departments or branches for ❖ Internal - power of the state to rule their safe and useful exercise for the benefit within its territory. of the people ❖ External - freedom of the state is ● Nature and purpose or function of often referred to as independence constitution ● Types of Sovereignty 1. Serves as the supreme or ❖ Internal fundamental law ❖ External 2. Establishes basic framework and ● Classifications of Sovereignty underlying principles of government. ❖ Legal - Legal sovereignty is the ● Kinds of Constitution ultimate power of the state by which 1. As to their origin and history the state legislates and enforces it. ❖ Conventional or Enacted Legal sovereign power is the ❖ Cumulative or Evolved unrestricted power of the state; no 2. As to their form one can disobey it. ❖ Written ❖ Political -The will of the political ❖ unwritten sovereign transforms itself into a 3. As to manner of amending them legitimate sovereign law. Influenced ❖ Rigid or Inelastic by public opinion and public ❖ Flexible or Elastic reaction, the legal sovereign takes ➢ The 1987 Constitution is Written, its decision. Conventional, Inelastic ● Characteristics of Sovereignty ➢ 1973 : Semi-Parliamentary ❖ Comprehensiveness ➢ 1986 : Freedom Constitution, EDSA 1 ❖ Absolute ➢ 1987 : Latest Constitution–Feb 2,1987 ❖ Perpetual ● Requisites of a good written constitution ❖ Inalienable 1. As to form ❖ Permanence ❖ Brief ● 3 Inherent power of the state ❖ Broad ❖ Power of taxation ❖ Definite ❖ Police power 2. As to contents ❖ Power of eminent domain ❖ Constitution of Government Political Sovereignty - sum total of factors (art. 6,7,8,10,11,12) affecting / influencing the legal sovereignty ❖ Constitution of Liberty ➔ Lobbyist (art. 2,3,4,5)(art. ● Factors 6,7,8,10,11,12) ❖ Electorate ❖ Constitution of Sovereignty ❖ Public opinion (art.17) ❖ Business sector ➢ Miscellaneous articles (art. ❖ Church 1,13,14,15,16,18, preamble) ❖ NGO’s
Constitution - refers to “that body rules and
principles in accordance with which power of sovereignty are regularly exercised” - A written instrument by which the fundamental powers of the government are established, limited and defined and by PREAMBLE ADVANTAGES : Economically, Politically, Culturally We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and 1. It will increase the internal waters of humane society, and establish a Government the Philippines that shall embody our ideals and aspirations, - Once it increases, it will also promote the common good, conserve and develop our patrimony, and secure to ourselves expand the span of and our posterity, the blessings of territoriality of the Philippines. independence and democracy under the rule of 2. Economic reason law and a regime of truth, justice, freedom, love, - Increase in internal waters, equality, and peace, do ordain and promulgate increase in economic this Constitution. resources/growth. 3. Able to maintain peace and order - Not source of any right (Hector De leon) - Eradicate assuming - “Preambulare” meaning “to walk before” territories. - States as the Filipino peoples the authors - Author : The sovereign Filipino people ● Modes of acquiring Territories ❖ Discovery and Occupation Article 1 - NATIONAL TERRITORY - The discovered area must be SECTION 1 physically occupied The national territory comprises the Philippine - Authorized settlers to acquire archipelago, with all the islands and waters land on a large scale through embraced therein, and all other territories over various forms of which the Philippines has sovereignty or dispossession of indigenous jurisdiction, consisting of its terrestrial, fluvial people and violation of their and aerial domains, including its territorial sea, rights and livelihoods the seabed, the subsoil, the insular shelves, ❖ Prescription and other submarine areas. The waters around, - Requires a stricter proof and between, and connecting the islands of the longer period of the display archipelago, regardless of their breadth and of authority. dimensions, form part of the internal waters of Elements : Lapse of reasonable the Philippines. period of time - Miscellaneous article : The possession must be - For practicality one must include it in actual, adverse, public, constitution continuous for a long ● Domains period of time whether in a ❖ Terrestrial good faith or bad faith. ❖ Aerial ❖ Cession ❖ fluvial - Mode of acquiring/losing Doctrine of territoriality / Archipelagic concepts of territory through a territoriality compact/agreement of - Under UNCLOS, all waters around, state/countries between, and connecting the island of the - One of the modes by which archipelago, regardless of their breath of states can lawfully acquire dimensions, form, part of the internal waters territory, and since it is based of the Philippines on mutual consent, it is presumably today made having the greatest practical people and all government authority emanates relevance. from them. ● Kinds 1. Voluntary - Section 2. The Philippines renounces war as an negotiation, instrument of national policy, adopts the connset generally accepted principles of international 2. Involuntary - law as part of the law of the land and adheres to war, no the policy of peace, equality, justice, freedom, negotiation cooperation, and amity with all nations. ❖ Accretion Section 3. Civilian authority is, at all times, - Incorporate/attach something supreme over the military. The Armed Forces of to which the owner already the Philippines is the protector of the people possesses. and the State. Its goal is to secure the - The attainment of sovereignty of the State and the integrity of the sovereignty over new land national territory. due to slow movement of natural forces. Section 4. The prime duty of the Government is ● Kinds to serve and protect the people. The 1. Acts of nature Government may call upon the people to defend / God (natural the State and, in the fulfillment thereof, all 2. Acts of men citizens may be required, under conditions (artificial) provided by law, to render personal, military or civil service. ❖ Conquest or subjugation - Acquiring territory by the use Section 5. The maintenance of peace and order, of power the protection of life, liberty, and property, and ➔ We cannot use this promotion of the general welfare are essential because it is against for the enjoyment by all the people of the the art.2 sec.2 blessings of democracy. ➔ We cannot declare war but we can Section 6. The separation of Church and State declare the shall be inviolable. declaration of the state. ● State/government ➢ Applicable / Accepted in Philippines ❖ Secular - The church cannot - Cession (Voluntary) intervene the government/the state - Accretion - The church cannot pass the - Prescription law. ➢ Philippines is an archipelago ❖ Ecclesiastical - the state/government ➢ The increase or decrease of the territory will cannot intervene the church not affect the international personality of the ● Principle of separation of the church and state, as long as the four (4) elements of the state state are present. ❖ Strong fence creates good Article 2 - DECLARATION OF PRINCIPLES neighbors AND STATE POLICIES ❖ “Render unto caesar the things that are caesar's and unto God the things PRINCIPLES that are God’s” Section 1. The Philippines is a democratic and ● Aspects of religious freedom republican State. Sovereignty resides in the ❖ Freedom to act on one’s believe ❖ Freedom to believe ➔ 11 sections (the commission on ➢ The government is the father of the people, particularly the women. elections) ➢ Parens patriae The Constitution of the Republic of ➔ 4 sections (commission on audit) the Philippines ARTICLE X Local Government
PREAMBLE ➔ 1-14 (general provisions)
ARTICLE I National Territory ➔ 15-21(autonomous provisions)
➔ 1 section ARTICLE XI Accountability of Public
ARTICLE II Declaration of Principles and Officers
State Policies ➔ 18 sections
➔ 1-6 sections (principles) ARTICLE XII National Economy and
➔ 7-29 sections (state policies) Patrimony
ARTICLE III Bill of Rights ➔ 22 sections
➔ 22 sections ARTICLE XIII Social Justice and Human
ARTICLE IV Citizenship Rights
➔ 5 sections ➔ 19 sections
ARTICLE V Suffrage ARTICLE XIV Education, Science and
➔ 2 sections Technology, Arts, Culture and Sports
ARTICLE VI Legislative Department ➔ 19 sections
➔ 32 sections ARTICLE XV The Family
ARTICLE VII Executive Department ➔ 4 sections
➔ 23 sections ARTICLE XVI General Provisions
ARTICLE VIII Judicial Department ➔ 12 sections
➔ 16 sections ARTICLE XVII Amendments or Revisions
ARTICLE IX Constitutional Commissions ➔ 4 sections
➔ 8 sections (common provisions) ARTICLE XVIII Transitory Provisions
➔ 8 sections (the civil service commission) ➔ 27 sections
❖ Islamic republic ❖ Constitutional ❖ Civilian ‘ ● Functions ❖ Ministrant Scope of Political science ❖ Constituent 1. Political theory 4. sovereignty 2. Public law ● Types/Manifestation 3. Public administration ❖ Internal ❖ External Origin of state ● Classification 1. Divine right theory ❖ Legal 2. Necessity and force theory ❖ Political 3. Paternalistic theory ● Characteristics 4. Social contract theory ❖ Comprehensive ❖ Absolute Elements of state ❖ Perpetual 1. People ❖ Inalienable ● Natural persons ❖ Permanence ❖ Citizens - Natural born Factors of Political Sovereignty - Naturalized citizen 1. Electorate ❖ Aliens 2. Public opinion ● Artificial persons 3. Business sector 2. Territory 4. Church ● Domains 5. NGOS ❖ Aerial 6. Media ❖ Fluvial ❖ Terrestrial 3 Inherent power of the state 3. Government 1. Power of taxation ● Kinds 2. Police power ❖ De Jure 3. Power of eminent domain ❖ De Facto ● Classification/Forms Nature and purpose or function of constitution ❖ Monarchy 1. Serves as the supreme or fundamental law a. Absolute 2. Establishes basic framework and underlying b. Limited principles of government. ❖ Aristocracy ❖ Democracy Kinds of Constitution a. Direct 1) As to their origin and history b. Indirect a) Conventional or Enacted ❖ Unitary b) Cumulative or Evolved ❖ Federal 2) As to their form ❖ Parliamentary a) Written ❖ Presidential b) unwritten ❖ Totalitarian 3) As to manner of amending them ❖ Militar a) Rigid or Inelastic ❖ Dictatorial b) Flexible or Elastic ❖ Republican Requisites of a good written constitution A. As to form 1. Brief 2. Broad 3. Definite B. As to contents 1. Constitution of Government (art. 6,7,8,10,11,12) 2. Constitution of Liberty a) (art. 2,3,4,5)(art. 6,7,8,10,11,12) 3. Constitution of Sovereignty (art.17)
Modes of acquiring Territories
1. Discovery and Occupation 2. Prescription 3. Cession ● Kinds ❖ Voluntary ❖ Involuntary 4. Accretion ● Kinds ❖ Acts of nature or God (natural) ❖ Acts of men (artificial) 5. Conquest / Subjugation
State/government 1. Secular 2. Ecclesiastical
Principle of separation of the church and state
1. Strong fence creates good neighbors 2. “Render unto caesar the things that are caesar's and unto God the things that are God’s”
Aspects of religious freedom
1. Freedom to act on one’s believe 2. Freedom to believe