Professional Documents
Culture Documents
Lecture of Phil. History, Gov't & Constition
Lecture of Phil. History, Gov't & Constition
Constitution, and
Government
Three (3) important parts of
knowing a country’s history;
Council of the
Indies
SPANISH VICEROY IN
MEXICO
BISHOPS PROVINCIAL
ALCALDES-MAYOR
CITY
PARISH PRIEST ALCALDES
GOBERNADORCILLOS
CABEZAS DE
BARANGAY
-Spanish Governor General-
represented the king of Spain in the
Philippines.
Spanish Population
17th century- 2,000
19th century-4,000
Pilipino Population:
1565 - 500,000
1591 - 667,000
1735 - 837,000
1800 - 1,500,000
1817 - 2,000,000
1829 - 2,500,000
1850 - 3,800,000
1870 - 4,700,000
1885 - 5,800,000
1896 - 6,200,000
Decreased of Pilipino Population:
1591 - 667,000
1621 - 610,000
1655 - 505,250
Mayor-Alkalde
Christianity and Spanish
Colonization
1. Peninsulares;
2. Insulares
Peninsulares =came from Spain to
Live and work in the
Philippines, they felt
superior to others.
7 –British; 3- American; 2-
French, 2 Swiss, & One (1)
German.
Nicholas Loney, of Plymouth,
England, was the first merchant
to live in Visayas. He arrived
in Iloilo in 1855. he developed
the Philippine Sugar industry.
Rise of the Banks.
Middle Class
Lower Class
Upper Class
Called “Principalia” or
“Ilustrados”
Middle Class
Newly rich people who
owned lands and business or
worked as professionals, but
were not as rich as the
Principalia
Lower Class
Included the workers and
tenants.
They were the servants of the
other classes, the factory worker,
or the masses in the countryside
Our Latin American Heritage
September 23,1762-British
officers under a flag of truce
went ashore and entered Manila.
Presented The British demand for
the surrender of The City to the
Spanish Governor General
Manila was not in a position to
fight the enemy. The Spanish
officials were caught by
surprise, and they did not have
enough troops or arms to
defend the City
After the surrender of Manila
to the British invaders, a
horrible thing happened. The
British and Indian conquerors
looted homes, schools, churches
and other buildings in Manila
Filipinos Remain Loyal to
Spain
Because the Filipino remained
loyal to Spain, the British did
not conquer the provinces. Only
the areas like Cainta, Taytay
and Pasig
The Filipinos did not welcome the
British because of 2 Reasons:
They were shocked by the horrible looting
of Manila after it was surrendered to the
British
Spanish priest warned them that the
British were Protestants who did not
believe to the Catholic Religion.
Chapter 13. Filipino revolts
Against Spain.
Jose P. Rizal-Founder of La
Liga Filipina
December 30, 1896-Dr. Jose
P. Rizal shot by firing
squad at the Luneta.
Thus, died the greatest
genius of the Malay Race.
Rizal was the greatest
National hero of The
Philippines.
Bonifacio and the Katipunan
After the shocking news of Rizal’s
exile in Dapitan, Bonifacio and his
friends founded a secret
revolutionary society for Filipinos to
fight for freedom. It was called the
Katipunan or K.K.K (Kataas taasan
kagalang-galangan Katipunan ng
mga Anak ng Bayan)
Aims of Katipunan
1. People
2. Territory
3.Government
4. Independence or
sovereignty
People= is the most important
element of the state.
Territory= second essential
element of the state.
Government= as the social
organization through which the
state carries out its will. It
came from Latin word
gubernaculum, which means
“rudder.”
A rudder is a flat piece of
wood or metal attached to
the stern of the ship in
order to guide the ship of
state, and government
officials are like the
ship’s officers who steer
the controls.
The form of government may
change from time to time, but
the state remains the same.
Sovereignty or independence-
is the supreme power of the
state to enforce its will upon
its citizens through laws. It
also means independence from
the control of other state.
In a democracy, sovereignty
resides in the people to
elect or change officials
who will make the law of the
lands. The symbols of the
state sovereignty are its
flag, seal, currency, and
stamps.
Origin of the State.
1. Divine theory-
2. Social Contract theory,
3. Force theory.
Divine theory=is the oldest
theory on how states
originated. It was popular
during ancient & medieval
times.
The state is of divine theory
because all authority came from
God. The ruler ruled as God’s
agent on earth and must be
obeyed by the people. This
theory was misused to justify
the “divine right of the kings”
in Britain & in France to Tax
and punish their subject
excessively.
The “social contract theory”
became the most important
political theory of the 17th
& 18th centuries, replacing
the divine theory. The state
came about because the
people agreed among
themselves to live under one
organized society.
Because no other people can
know, love, or fight for it
better than the citizens of
that country themselves.
In exchange for the
limitations on their natural
freedom & rights, the people
gained protection & other
privileges guaranteed by the
government. Therefore, there
was an agreement or social
contract between the people
and their rulers on the form
and function of the state.
The famous political
philosophers who championed
this theory were Jean
Jacques Rousseau, John
Locke, & Thomas Hobbes.
Force theory= dominations by
rulers. A rulers may impose
his will on a state by means
of charisma, popularity, or
military strength. A tribe
may conquer another tribe; a
country may invade another
country and become an
empire.
This theory has been used to
explain the rise to power of
emperors like Alexander the
Great and dictators like
Adolf Hitler.
Social Contract theory of
Hobbes: He believed that
human self preservation,
order and peace could be
attained only, if men
surrendered all their
natural rights and submitted
their will to an absolute
sovereign King.
Social Contract theory of
Rousseau: It was published in
1762, emphasized his theory
about the general will. He
considered the social
community which is the ideal
substitute for anarchy in a
state of nature to be the
“true state.”
This kind of contract, each
one surrendered his natural
liberty but gained the
protection and civil rights
guaranteed by the government
in return.
Social Contract Theory of
John Locke:
He believed that because
human being are rational
being, even in a state of
nature, they could still use
their perfect freedom for
their own good.
But they needed the state to
maintain peace & order, settle
their conflicts, and provide
them with essential services.
Thus, people voluntarily
consented to a social contract
& created the state for the
purpose of promoting and
preserving their natural
rights.
Locke asserted that people
should preserve their rights
to life, liberty & property in
civil society and that
political power or sovereignty
should not vested on the king
but on the representatives of
the people.
Forms of Government.
According to a Greek
philosopher named Aristotle
(384-322 B.C.), government may
be classified into three types
depending on the number of
people who hold power in the
country.
These forms of government
are as follows:
1. monarchy, or rule by one
person;
2. aristocracy, or rule by a
few persons,
3. democracy, or rule by the
majority of the people.
A monarchy may become a
tyranny when the king (or
queen) oppresses the people.
An aristocracy may become an
oligarchy when the ruling
families or leaders seek only
their own benefit and not of
the majority of the people.
Democracy can be become a
disorderly mobocracy or rule
of the mob when the people
cannot agree or cooperate
with each other, or when the
majority abuse the minority.
The mixed forms of government
of appeared in modern times,
namely:
1. Constitutional monarchy;
2. dictatorship, authoritarian
or totalitarian government;
3. modern democracies which
may be either a presidential
or parliamentary government.
A constitutional monarchy is
ruled by the monarch whose
powers are limited and not
absolute. The monarch is
checked by other government
officials and by the rights of
the people. Usually, this type
of monarchy exists with the
parliament, where the monarchy
is the symbolic head of state.
He symbolizes the majesty &
continuity of the state. He
reign but not rule. The real
head of the government is the
prime minister whose political
party has the most number of
seats in the parliament or law-
making body. A good examples of
constitutional monarchies are:
Britain and Malaysia.
Dictatorships, authoritarian
& totalitarian government
are states where a person or
a group of persons have
imposed their will on the
people by force. In those
states, ordinary citizens
have no rights to questions
or change their
leaders. If they complain or
publicly criticized the
government they will be
arrested & punished as
political prisoners.
A democracy is a government
of the people, by the
people, and for the people.
In this kind of government ,
all the people, rich or poor
are equal before the law and
are entitled to the
protections of their rights.
The people is the source of
all powers of the
government, & the people can
choose or elect their
officials through elections.
They can also publicly
question or debate the
policies of the government.
It is the best form of
government to safeguard the
rights & welfare of the
people. Democracies are also
republics when the head of
state is an ordinary citizen
& not a monarch or an
aristocrat.
The difference between
Presidential & Parliamentary
Government.
Presidential government-is
based on the practice of
separation of powers between
executive, legislative, &
judicial branches of
government.
The president is independent
of the legislative or law-
making body. The president
is elected by the people &
is directly responsible to
them. The president cannot
dissolve the legislature or
congress.
A parliamentary government- is
one where the executive and
legislative branches are
merged & united. The members
of the executive (PM &
cabinet) are also members of
legislature. Usually, they are
the leader of the majority
party in parliament.
Advantages of Democracy or
merits:
1. Encourages all citizen to
take an interest in how
government is chosen & how it
operates.
2. It gives people a sense
of civic responsibility by
making them realize that
success or failure of the
government depends on them.
In democracy, the voice of
the people is the voice of
God (vox populi, vox dei).
Power resides in the people,
and the people have a direct
share in policies of the
government. They can
question or criticize their
officials.
3. It reduces the danger of
violent revolution or
military take over because
the people can make changes
by peaceful elections or by
constitutional amendments.
People can change their
public officials or reform
the structure of the
government itself through
legal or constitutional
processes.
Disadvantages of Democracy:
1. Democracy is slow, fickle
& extravagant.
2. Corrupt & dishonest
officials may be elected to
power because the masses
barter their ballots for
money by unscrupulous
politicians.
3. Democracy may lead to the
“rule of the mob” or “rule
of the ignorant.”
Communism- is a political
system that limits the
freedom of the people in
exchange for the total
control by the communist
party of the country’s
government & resources.
The Best Form of Government.
4. Impeachment (trial & None successful; one tried 1649- King Charles I of
conviction) for treason & against Pres Marcos. England was impeached.
other high crimes
Charter- is settlement,
contract or pact.
Other significant events
occurred in the country, while
the Con-Con was meeting;
1. Plaza Miranda Massacre on
Aug. 21, 1971;
2. Local election of Nov. 8,
1971;
3. suspension of writ of
habeas corpus from Aug. 21,
1971- Jan. 11, 1972.
Habeas corpus- (law Latin)
“that you have the body.” A
writ employed to bring a person
before court, most frequently
to ensure that the party’s
imprisonment or detention is
not illegal. A writ may be used
to obtain of: 1. the regularity
of extradition process,
2. the right to or amount of
bail, 3. the jurisdiction of
the court that has imposed a
criminal sentence.
4. More demonstration by
students & bombings by
terrorist;
5. declaration of Martial law
on Sept 21, 1972.
.
Jan. 10-15, 1973, the
charter was ratified by
hastily (hurriedly)
organized citizen assemblies
in a national referendum-
plebiscite.
At noon of Jan. 17, 1973,
Pres. Marcos issued a
Proclamation No. 1102
announcing the ratification
of the constitution &
putting it into immediate
effect.
The ratification process &
the validity of the 1973
constitution were question
several cases filed before
the Supreme Court. On march
31, 1973, the Supreme court
ruled that the Constitution
was not validly ratified.
But the Court stated that
the charter was legally in
effect due to the
proclamation of Pres.
Marcos.
Preamble-Expressing the
ideals of the nation
Article 1.- National
Territory
Ordinances – Apportioning
the seats in the Congress to
different legislative
district in the country.
New features of the 1986
constitution.
1. Pending PH claim to
Sabah, etc.
Seamount= a submarine
mountain rising above the
deep sea floor;
A republican government is a
democratic government by
representative chosen by the
people at large. The
essence, of a republican
government is indirect rule.
The people have established
the government to govern
themselves. Its officers
from the highest to the
lowest are servants
(housekeeper) of the people
& not their masters. power
and authority.
They can exercise the powers
delegated to them by the
people who remain as the
ultimate source of political &
authority.
Manifestation of a democratic &
republican state.
1. Existence of a bill of
rights (Art. 111)
2. The observation of the rule
of the majority;
3. the observance of the
principle that ours is a
government of laws, & not of
men;
4. The presence of elections
thru popular will (Art. V).
Sovereignty=implies the
supreme authority inherent
in the state by which it is
governed
1. Exercised indirectly thru
public officials.
Sovereignty is exercised
thru duly elected &
appointed public officials
who, as public servant, are
accountable to the people.
2. Exercised directly thru
suffrage. Actual sovereignty
is exercised by the people
thru electoral process. The
popular will is best
expressed when electoral
processes are free, clean &
honest, on the basis of
universal suffrage & thru
secret vote.
The PH renounces war as an
instrument of national
policy (Sec. 2).
5. Establish a continuing
program of research,
education, & information to
enhance respect for the
primacy of human rights;
6. Recommend to the Congress
effective measures to
promote human rights & to
provide for compensation to
victims of violation of
human rights, or their
families;
7. Monitor the PH
Government’s compliance with
international treaty
obligations on human rights;
8. Grant immunity from
persecution to any person
whose testimony or whose
possession of documents or
other evidences is necessary
or convenient to determine
the truth in any
investigation conducted by it
or under its authority;
9. Request the assistance of
any department, bureau,
office, or agency in the
performance of its
functions;
10. Appoint its officers &
employees in accordance with
the law; and
11. Perform such other
duties & functions as may be
provided by law.
Week 14. Citizenship and
Suffrage
the citizens of the PH
(Article 1V, Sec. 1).
1. those who are citizens of
the PH at the time of the
adoption of this
Constitution;
2. Those whose fathers or
mothers are citizens of the
PH;
Difference of Nationality
and Nationals.
National=embracing all who
owe allegiance to a state,
without thereby becoming
citizens.
Nationality= means adopted
land, native land, and
political home.
the national of the State
include not only its citizens who
enjoy full civic & political
privileges but also all others
who are not its citizens. While
all citizens are national of a
state, not all nationals are
citizens of a state.
Meaning of subject & alien.
1. A citizen is a member of a
democratic community who enjoys
full civil & political rights.
In Monarchial state, he is
often called “subject.”
2. An Alien is a citizen of
country who is residing in or
passing thru another country.He
is popularly called foreigner.
General Ways of acquiring
citizenship.
1. Involuntary methods. By
birth, because of blood
relationship or place of
birth.
2. Voluntary methods. By
naturalization, except in
case of collective
naturalization of the
inhabitants of a territory
which takes place when it
cede by one state to another
as a result of conquest or
treaty.
These two (2) modes of
acquiring citizenship
correspond to the two kinds
of citizens- Natural born
and naturalized citizens.
Two rules that govern
citizenship by birth.
1. He must be at least 21
years of age.
2. He must have resided
continuously in the PH for at
least 10 years.
3. He must own real estate
property in the PH or must
have profitable trade or
lawful occupation.
4. He must behaved well
during his entire stay in the
PH.
5. He must be able to speak &
write English or Spanish &
any Filipino dialect.
6.He must enrolled his
children, if he is married, in
any public or private school
where PH history & civics are
taught.
Persons Disqualified from
Naturalization.
1. Person who do not believe
in organized government.
2. Persons who advocate
violence to impose their
ideas.
3. Polygamists or person who
believe in having more than
one spouse.
4. Persons convicted of
crimes involving immorality.
5. Persons who are insane or
suffering from an incurable
or contagious disease.
6. Persons who do not mingle
socially with Filipinos & do
not like to embrace Filipino
customs, traditions, &
ideals.
7. Citizens of other
countries with whom the PH is
at war.
8. Citizens of other
countries which do not permit
Filipinos to become
naturalized citizens.
Loss of Citizenship (Sec. 3,
Art. 1V, PH Const).
1. Voluntarily.-
a. By naturalization in a
foreign country;
b. By express
renunciation of citizenship;
c. Subscribing to an
oath of allegiance to
support the constitution &
laws of a foreign country;
d. By rendering service
to, or accepting commission
in the AF of a foreign
country.
2. Involuntarily.-
a. by cancellation of his
certificate of naturalization
by the court;
b. By having been declared
by competent authority, a
deserter in the PH AF in time
of war.
The voluntary loss or
renunciation of one’s
nationality is called
Expatriation.
Recognition- as a Filipino
citizen is given to a person
who was born of a Filipino
father or mother after Feb. 2
1973, the date of the 1973
Constitution.
To enjoy this right, the
person must apply to the
Immigration Office for a
Recognition Certificate. He
or she may be a child or an
adult. He will enjoy the
rights of a natural born
Filipino citizen, even if he
also a citizen of another
country.
Rights with corresponding
obligations.
Citizens should realize
that for every right there
must be a corresponding
duty. They have rights of
which they cannot deprived,
but they have also duties
which they must not neglect.
Duties & Obligation of
Citizens (As special being, a
citizens is part of society,
and has a Social
Responsibilities, as
enumerated briefly).
1. to be loyal to the
Republic.
a. Pride’s in one’s
country.
b. Absolute & permanent
allegiance to his government.
6. To exercise rights
responsibly & with due regards
for the rights of others.
7. To engage in gainful work.
A. Duty to be useful &
productive members of society.
B. Duty to work hard. The
essence of life is work. Every
citizen should bear in mind
that only by hard & sustained
work can men & nations live &
survive.
8. To register & vote. Suffrage
is both a privileges & a duty
which every qualified citizen
must perform.
A. Duty to vote responsibly.
B. Duty to guard & protect
the integrity of his vote. ( PH
Const, H. De Leon & One other, 2011 ed.,
p.214-221).
Loyalty to The Republic.
Congress is empowered to
prescribe by law the manner &
period of review of the
decision, order, or ruling of
each Commission.
B. The Civil
Service Commission.
The civil service shall be
administered by the Civil
Service Commission composed of
a Chairman & two Commissioners
who shall be natural born
citizens of the PH &, at the
time of their appointment.
(Art. 1X, B, Sec.1).
at least 35 years of age,
with proven capacity for
public Administration, & must
not have been candidates for
any elective position in the
election immediately
preceding their appointment.
Composition of the Civil
Service Commission.
A Chairman; and
two (2) Commissioners.
It is a collegiate body, envisioned to
enhance its independence on the theory
that it will be more resistant to
political pressure or influence than a
body headed by a single individual.
Qualification of Members.
1. natural born citizens of the
PH;
PD 557=(Sept 2. 1974)
declares all then existing
barrios & barrios thereafter
to be created as Barangqys
Constitution directs the
creation of autonomous
regions for Muslim Mindanao
& for the Cordillera by an
organic to be enacted by
Congress for each autonomous
region subject to a
plebiscite as provided in
section 18.
Importance of Local
government.
= As local affairs can best
be regulated by the people
in the locality