1 POLITICAL SCIENCE POLITICS from Greek word polis meaning city-state polites citizens politikos government officials SCIENCE

NCE from Greek word scire meaning to know Latin word scientia meaning having knowledge POLITICAL SCIENCE mass of systematically researched and organized knowledge about the state and its institutions including closely related organizations and associations acquired through long years of observation and experience not like exact sciences such as physics, chemistry, mathematics laboratory is the state 1. Aristotle o man is by nature a political animal (zoon politikon) essence of social existence is politics and that 2 or more persons interacting with one another are invariably involved in a political relationship o as men seek to define their position in society, as they attempt to wring personal security from available resources, as they try to influence others to accept their points of view, they find themselves engaging in politics o the only way to maximize ones individual capacities and to attain the highest form of social life was through political interaction in an institutionalized setting, that of the state o for the ancient Greeks idiot originally means a person who does not vote, does not discuss public issues, does not involve himself in government affairs o all people are politicians but some (public officials) are more political than others 16th early 20th century o Jean Bodin French political philosopher coined the term political science but limited its concern for the organization of institutions related to law o Montesquieu reinforced formal and restricted definition of politics by arguing that all functions of government could be encompassed within the categories of legislation, execution and adjudication of the law 1950s o recognition that legislative, executive agencies, courts do not exist do not exist by themselves; they do not operate independently of political organizations in the society o includes political parties, interest groups, citizens attitudes

2.

3.

2 o emphasis on political interaction and actual participation of people in a body politic Political science is the systematic study of the state. o government are the formal institutions of politics o where there is government, there is politics; where there is politics there is power, unequally distributed Political science is the study of politics. o deals with human relationships (political interaction and active participation in a political body) o focuses on the political system, process and political participation Politics is the process of decision-making and decision-enforcing in any group that makes and enforces rules for its members. o whenever people are grouped together politics is there o as social beings, whenever people join together, there is always a situation when decisions have to be made o in that sense, there is politics at home, in the classroom, in organizations o decision making and enforcing the same invite conflict, and it is also through politics that conflict is also resolved or settled Politics is the process of making government policies. o authoritative, defined courses of action handed down by government officials and agencies in pursuit of national needs and goals o in the form of legislative acts, judicial decisions, executive orders, administrative decisions for public good and interests

SCOPE OF POLITICAL SCIENCE o political theory origin, form, behavior and purposes of the state o public law organization, limitation, power and duties of governments, obligation of one state to another o public administration executive, legislative, judicial powers GOALS OF THE STUDY OF THE POLITICAL SCIENCE o education for citizenship equip students to discharge obligations of democratic citizenship know and understand how the government operates, what interests and forces are behind particular policies, the result of such policies, rights and obligations, who are elected representatives, what they stand for o essential part of liberal education meant to prepare individuals to think more clearly about themselves and about their relationship with others, to be more tolerant of diversity, to

3 be less hasty in their judgments of the unfamiliar, and to get more meaning out of life regardless of where they are or what they do The State Defined James Garner: The state is a community of persons, more or less numerous, permanently occupying a definite territory, completely free of external control and possessing an organized government to which the great body of inhabitants render obedience. Essential elements of the state: people territory government sovereignty People mass of population within the state ideal number characteristics and cultural homogeneity Territory terrestrial, fluvial, maritime and aerial size and geographical location Government agency through which the will of the state is formulated, expressed and carried out Sovereignty supreme power of the state to command and enforce obedience to its will from people within its jurisdiction, and freedom from foreign control internal and external

4 STATE The state is a political concept. NATION The nation is an ethnic concept. It is a group of people bound together by certain characteristics, who believe that they are one and distinct from others. A nation may or may not be independent.

The state is not subject to external control.

A single state may consist of one or more A single nation may be made up of several nations. states. (e.g. United States) (e.g. Arab nation)

STATE

GOVERNMENT

The state is an idea that extends through The government is only one of the elements time, whose characteristics are drawn from of the state. The people running it and its a long history of governments form may change within the same state. The state cannot government. exist without a It is possible to have a government without a state.

ORIGIN OF THE STATE

Early Hebrew Tribes loosely knit grouping of families and clans from common ancestor small enough for mobility large enough for self-sufficiency code of behavior based on traditions decisions collectively made by male elders Needs conquer Canaan need for political organizatio n need to legitimize the state Institution of a Formal State (as reflected during Solomons reign) THEORIES OF THE ORIGIN OF THE STATE king replaced family head and tribal patriarchs kings councilors took the place of tribal elders introduction of centralized authority formalized hierarchy specialization of tasks (collection of tax, supervision of public works, recruitment of military, maintenance of peace and order) written (instead of oral) communication Challenges military threat of Philistines

Theories on the Origin of the State Divine Right olitics merged with religious beliefs ruler was Gods (or the gods) appointed agent on earth to challenge the king is to challenge divine authority reflected in the Code of Hammurabi and in the New Testament (St. Paul) longest-lived doctrine in politics

Might-Makes-Right the force principle in politics Thrasymachus, Niccolo Machiavelli any form of government is legal as long as it has the power to enforce its will effective power is legitimate revolution is justified only if it succeeds lends logic and legitimacy to historys long and bloody record of international struggle Social Contract state formed by means of a social contract of men who lived in a state of nature (without any super-body to establish peace and settle conflict) according to Thomas Hobbes human nature as solitary, poor, nasty, brutish and short mans desire for self-preservation is attained by surrendering his rights to the great Leviathan mortal god to preserve the peace and provide security to the people people had no right to revolt according to John Locke rational men perceive the advantages of organizing a government in order to protect rights to life, liberty and especially private property government to protect the rational rich from the not so rational poor government may be resisted and overthrown when it no longer serves the citizens self-interests according to Jean Jacques Rousseau all citizens are equal social contract includes all citizens, giving each one an equal right to participate in the making of laws and in the decision-making process direct democracy Organic Analogy natural theory Aristotle, Edmund Burke state developed from the evolving interests and needs of the individual which have been progressively met by the family, clan, tribe, and finally, by the state participation in the politics of the state is the most complete way of nourishing ones intellectual capabilities (reason) Patriarchal Theory paternalistic theory Robert Lowie state arose through the process of evolution

7 evolved from the smallest unit of society the family, into a clan, a tribe, a nation and finally, into a state

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THEORIES PROPONENTS Hammurabi St. Paul Thrasymachus Machiavelli MAIN IDEA state was created by the will of God and the ruler was Gods appointed agent on earth state came into existence out of force and could claim legitimacy as long as it has power to enforce its will state was formed by means of a social contract of men in order to promote and preserve their natural rights to life, liberty and property ASSUMPTION OF HUMAN NATURE men are not equal, king ordained by God men are not equal, will of the strong is imposed on the weak IDEAL FORM OF GOVERNMENT monarchy POSSIBILITIES FOR A REVOLUTION to challenge authority is to challenge God

Might Makes

monarchy, as long as yes, as long as the revolution it has the power to succeeds enforce its will

Thomas Hobbes John Locke

life of man is absolute monarchy solitary, poor, nasty, brutish and short not all men are government by the ratio rich nal all men are equally rational state developed from the evolving interests and needs of the individual, state being the most complete way of nourishing ones intellectual capabilities state arose through the process of evolution from the smallest unit of society the family men are naturally beings popular democracy

people had no right to revolt against the Leviathan government might be resisted, even overthrown when it no longer serves the individuals self interests government might be resisted, even overthrown when it no longer serves the citizens welfare

Jean Rousseau

Jacques

Aristotle Edmund Burke

rational, depends on the political evolving needs of the individual

Robert Lowie

men are social depends on the beings, emphasizing evolving needs of the the role of men as group part of a group

10 GOVERNMENT Purpose and Necessity of Government advancement of public welfare protection of society, security of persons and property, administration of justice, preservation of the state from external danger absence of the government would result to anarchy and disorder, and a general feeling of fear and insecurity Forms of Government Traditional Classification monarchy rule of one person who is virtuous and just aristocracy from word aristos meaning best; rule of the most virtuous, intelligent and enlightened few members of the elite society polity from word polites meaning citizens tyranny rule of unjust and despotic leader oligarchy from word oligoi meaning rich and privileged class democracy rule of many that may be corrupted and disorganized (mobocracy) for Aristotle democracy is the worst form of government (rule of the poor, uneducated, tend to elect only the popular) A. Modern Classification As to Numbers 1. monarchy rule of one a. absolute by divine right b. limited in accordance with a constitution 2. aristocracy rule by a few privileged class 3. democracy rule by a majority of the people a. direct or pure will is formulated directly or immediately through the people b. indirect, representative or republican will is formulated through a small and select body of persons chosen by the people as their representatives As to Extent of Powers by the National Government 1. unitary control of national and local affairs are exercised by the central government 2. federal powers of government is divided: one for national affairs and another for local affairs strengths UNITARY uniformity in legislation efficiency and effectiveness in execution of natl policies less expense in operation of govt fosters natl unity FEDERAL uniformity of laws applicable to whole country; but allows diversity of policies more suited to the needs of local govt stimulates people participation natl govt relieved of burden in attending to local problems difficulty in implementing

B.

stifles initiative of local govt to

11 formulate program of devt national govt tends to be autocratic govt imposed programs for local affairs may fail natl govt tend to disregard local affairs natl programs w/c may conflict with local policies creates duplicity of legislation and administration the entails heavy expenditure confusion and delays likely to happen regarding jurisdiction

weaknesses

C.

As to Relationship Between executive and Legislative Branches 1. parliamentary legislative has power to terminate tenure of office of the executive 2. presidential executive is constitutionally independent of the legislative PRESIDENTIAL separation of powers bet. executive and legislative President elected directly by people PARLIAMENTARY union of executive and legislative Prime Minister/Premier (primus inter pares first among equals) people elect members of parliament; members of party enjoying majority choose form among themselves PM who will chose cabinet members no fixed term, can be removed anytime by a no confidence vote by parliament by vote of censure or no confidence, new PM elected by parliament separate symbolic head (monarch, President) and head of govt

Outstanding Feature Chief Executive Manner of Assumption to Office Term of Office Constitutional Removal from Office Other Features

with definite term of office defeat in reelection OR through impeachment head of state and head of govt are the same

the Philippines is a representative democracy, unitary and presidential government effectiveness of a government to promote the good and achieve development is not determined by its form but by the quality men and women who serve in it

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THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

PERIOD Pre-Spanish Period GOVERNMENT barangay EXECUTIVE datu. lakan, rajah, hari sultan LEGISLATIVE datu, agorang JUDICIARY datu, agorang LAWS unwritten, based on traditions, announced by umalohokan based on Koran, shariah, Luwaran, adapt laws come from Spain (decreto superior) OTHER FEATURES treaties, confederations with other barangays are sealed with sandugo hierarchical, woth specialization of administrative tasks raja muda, wazir, panglima, majarajah/orangkaya, imam ruled indirectly by King of Spain through the Viceroy of Mexico until 1821, union of Church and state, local government (alcaldia, corregimiento, ayuntamiento, pueblo, barangay) Supreme Council, Provincial Council, Popular Council lasted for 2 years, ended with Pact of Biak-na-Bato

sultanato

sultan, ruma bichara (council) Governor-General autos acordados

kali (judge) agama (local courts) Governor-General, Real Audencia, Territorial Audencia

Spanish Period

colonial government

Governor-General cumplase

Katipunan

Supremo

Supreme Council

Judicial Council

Biak-na-Bato

President

Supreme Council

Supreme Court of Grace and Justice

Dictatorial Government

Dictator

Dictator

Dictator

laws on violations committed by and on differences among members constitution written by Isabelo Artacho and Felix Ferreer based on Cuban constitution constitution provided for a federal government, written by Mariano Ponce LAWS

most significant achievement was the proclamation of independence

PERIOD

GOVERNMENT

EXECUTIVE

LEGISLATIVE

JUDICIARY

OTHER FEATURES

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Revolutionary Government President republican assembly to be known as Malolos Congress, advisory and ministerial Supreme Court Congress drew the Malolos Constitution based on the constitution of Guatemala, Mexico, Belgium, Costa Rica, Brazil, France Malolos Constitution from MilitaryGovernor Jones Law (preamble, bill of rights, created Senate and House of Representatives) 1935 Constitution woman suffrage martial law law subject to approval of Commander-inChief of Japanese Forces 1943 Constitution, transitory to be in effect during war reorganization of municipal and provincial government for liberated areas, first significant act was ratification of proclamation of independence

First Philippine Republic American Period Military Government Civil Government

President, elected by Assembly Military-Governor Governor-General

Assembly of Representatives, Permanent Commission Military-Governor Philippine Commission (upper house) Philippine Assembly (lower house) National Assembly Senate and House of Representatives Japanese Director General Commission headed by Chairman National Assembly

Supreme Court, Chief Justice elected by Assembly Supreme Court, appointed by US President Supreme Court, appointed by US President

created diplomatic positions abroad (US, Japan, England, France, Australia), separation of Church and state President of US delegated powers to Military-Governor 2 resident commissioners to American Congress

Commonwealth Government Japanese Period Japanese Military Administration Philippine Executive Commission Second Republic of the Philippines

President

Supreme Court

Japanese Director General Commission headed by Chairman President, no Vice President

Japanese Director General Supreme Court

republican, presidential, unicameral and later bicameral, functioned in exile during Japanese occupation acted under directives from Japan reorganization of local governments

Supreme Court

ultimate source of authority was Japanese authority

PERIOD

GOVERNMENT

EXECUTIVE

LEGISLATIVE

JUDICIARY

LAWS

OTHER FEATURES

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Post-War Period Third Republic Martial Law President Prime Minister/President President as Head of State and Chief Executive President Senate and House of Representatives National Assembly/ Batasang Pambansa Batasang Pambansa which can check only PM and not President President through executive Orders Supreme Court Supreme Court 1935 Constitution, Parity Amendment 1973 Constitution, amended 4 times 1973 Constitution as amended Provisional Constitution/ Freedom Constitution 1987 Constitution allowed for 4-year term with 1 re-election officially called a constitutional authoritarianism but a dictatorship in reality modified parliamentary system practically no term limit

New Republic/ Fourth Republic Post-Marcos Era Provisional Government of 1986

Supreme Court

Supreme Court

Fifth Republic

President

Senate, House of Representatives

Supreme Court

revolutionary government because it was installed by direct action of people and not by procedures provided by the Constitution from de facto to de jure separation of powers, checks and balances, non-delegation of powers

15 CONSTITUTION Concept of Constitution serves as supreme or fundamental law law to which all other laws must confer and in accordance with which all private rights must be determined and all public authority administered establishes basic framework and underlying principles of government prescribes the permanent framework of the system of government and assign to the different branches their respective powers and duties

Constitutional Law branch of public law which refers to law embodied in the Constitution, as well as principles growing out of the interpretations and applications made by the courts, of the provisions of the Constitution

Kinds of Constitution A. As to Origin / History 1. conventional or enacted enacted by a constitutional assembly or granted by a monarch to the subjects 2. cumulative or evolved product of growth over a long period of development, originating in customs, traditions, judicial decisions As to Form 1. written has been given definite written form at a particular time 2. unwritten consisting largely of a mass of customs, usages and judicial decisions, usually bearing different dates; not codified in a single document As to Manner or Amending 1. rigid or inelastic cannot be amended or altered except by some special machinery more difficult than the ordinary legislative process 2. flexible or elastic possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws

B.

C.

Written Constitution 1. 2. advantages clear and definite, cannot be easily bent or twisted to meet temporary fancies of the moment, apt to be more secure disadvantages prevents immediate introduction of needed changes which may retard growth and progress of the state Philippine Constitution may be classified as conventional or enacted, written, and rigid or inelastic

16 Requisites of a Good Written Constitution A. As to Form 1. brief in a few provisions should outline the structure of the government and rights of citizens 2. broad comprehensive as possible 3. definite vagueness which may lead to different interpretations of essential features may cause invaluable harm As to Content 1. constitution of government framework of government and its powers 2. constitution of liberty fundamental rights of people and limits on the powers of the government 3. constitution of sovereignty mode or procedure for amending/revising the constitution CONSTITUTION legislation direct from people states general framework of the law and government not merely to meet existing conditions but to govern the future supreme / fundamental law STATUTE legislation from peoples representatives provides details of the subject of which it treats meet existing conditions only must conform with the constitution

B.

Amending / Revising the Philippine Constitution ways of changing the constitution 1. amendment change in some part of the Constitution without considering the whole document 2. revision re-writing or substantial changing of the Constitution viewed in its entirety Proposed Amendments/Revisions 1. Constituent Assembly (Con Ass) a. composed of members of Congress, which needs to pass a resolution to turn itself into a constituent assembly b. proposal should be approved by of all members of Congress voting separately 2. Constitutional Convention (Con Con) a. Congress by a vote of 2/3 of all members can call a Con Con; or by a majority vote of all members submit to the electorate the question of calling such a convention b. members are elected by voters, with express purpose of framing or revising the Constitution

17 3. Peoples Initiative a. petition of at least 12% of total number of registered voters of which every legislative district must be represented by at least 3% of registered voters therein b. may be done not oftener than once every 5 years c. limited only to amendments Ratification of Proposed Amendment / Revision proposals by Constituent Assembly, Constitutional Convention and Peoples Initiative must be ratified by a majority of votes cast in a plebiscite to be held 60 to 90 days after Constitutions of the Republic of the Philippines 1. Biak na Bato Constitution 2. Malolos Constitution 3. 1935 Constitution 4. 1943 Constitution 5. 1973 Constitution 6. Freedom / Provisional Constitution 7. 1987 Constitution

18 CONSTITUTIONS OF THE REPUBLIC OF THE PHILIPPINES

FRAMING 1935 as part of the conditions for the eventual granting of independence (TydingsMcDuffie Law) framed by Constitutional Convention RATIFICATION approved by US President F.D. Roosevelt; ratified by Filipinos in May 1935 plebiscite BASIC FEATURES republican in form, with bill of rights, defined relations between Philippines and US during Commonwealth and after independence influenced by constitution of US, Malolos Consitution, 3 organic laws (Instruction to 2nd Philippine Commission, Philippine Bill of 1902, Jones Law) AMENDMENTS establishment of bicameral legislature, re-eligibility of President and VP for 2nd 4-year term of office, creation of Commission on Elections, Parity Rights amendment

1973

framed by Constitutional Convention elected on Nov.1970, resumed after start of Martial Law minus antiMarcos delegates

approved by people through citizen assemblies with 95% positive majority ratified through Presidential Proclamation

parliamentary government with PM as head of government and President as ceremonial head, both elected by National Assembly legislative power vested in unicameral National Assembly emphasized duties and obligations of citizens parity rights terminated legalized all decrees, proclamations and orders of Marcos and extended his term beyond 1973

(1976) establishment of Interim Batasang Pambansa, Marcos as Pres. and PM, authorized Marcos to make laws outside parliament (1980) extended retirement age of members of judiciary from 65 to 70 years (1981) Pres as head of state and chief exec, may run for as many 6-year terms, Executive Committee to exercise executive power in case of Pres death, creation of Batasang Pambansa which could only check PM and not Pres (1984) restoration of office of VP, abolition of Executive Committee, election of Batasang Pambansa members, provisions for land reform and urban land policy

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FRAMING 1987 drafted by Constitutional Commission composed of 48 members appointed by the President convened on June 1986 at Batasang Pambansa, culminating after 133 days with a vote of 44-2 RATIFICATION ratified in a plebiscite in February 1987 BASIC FEATURES recognition of aid of Almighty God sovereignty of people renunciation of war as an instrument of national policy supremacy of civilian authority separation of Church and State recognition of importance of family and vital role of youth guarantee of human rights government through suffrage separation of powers independence of judiciary guarantee of local autonomy high sense of public service nationalization of natural resources non-suability of the State rule of the majority (simple, 2/3, ) government of laws and not of men AMENDMENTS

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COMPARISON OF THE 1935, 1973, 1987 PREAMBLE 1935 1973 1987

The Filipino people, imploring the We, the sovereign Filipino people, We, the sovereign Filipino people, aid of Divine Providence, in order to imploring the aid of Divine imploring the aid of Almighty God, establish a government that shall Providence, in order to establish a in order to built a just and humane embody their ideals, conserve and government that shall embody our society, and establish a government develop the patrimony of the nation, ideals, promote the general welfare, that shall embody our ideals and promote the general welfare, and conserve and develop the patrimony aspirations, promote the common secure to themselves and their of our Nation, posterity the blessings and secure to good, conserve and develop our of ourselves and our posterity the patrimony, and secure to ourselves

independence under a regime of blessings of democracy under a and our posterity the blessings of justice, liberty, and democracy, do regime of justice, peace, liberty, and independence and democracy under ordain and promulgate this equality, do ordain and promulgate the rule of law and a regime of truth, this Constitution. justice, freedom, love, equality and peace, do ordain and promulgate this Constitution. Constitution

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PROVISIONS ON NATIONAL TERRITORY

1935 CONSTITUTION

1973 CONSTITUTION

1987 CONSTITUTION

The Philippines comprises all the territory ceded to the United States by the Treaty of Paris concluded with Spain on the tenth day of December eighteen hundred and ninety-eight, the limits of which are set forth in Article II of said treaty, together with all the islands embraced in the treaty concluded at Washington, between the United States and Spain on the seventh day of November, nineteen hundred, and in the treaty concluded between the United States and Great Britain on the second day of January, nineteen hundred thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.

The national territory comprises the Philippine archipelago, with all the islands and the waters embraced therein and all the other territories belonging to the Philippines by historic right or legal title, including the territorial sea, the air space, the subsoil, the seabed, the insular shelves, and the other submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.

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, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

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