THE STUDY OF

POLITICAL SCIENCE
 Topic Outline
What is Political Science?
Activity no. 1 --- How Well Do You Know
Political Science?
Activity no. 2 --- Case Analysis
Activity no. 3 --- Case Analysis
Why Study Political Science?
Activity no. 4 --- Group Dynamics
Scope of Political Science
Interrelationship with other Studies
Activity no. 5 --- Fishbowl
Self-Assessment Questions
 Topic Discussion
What is Political Science?
Etymology:
- “Political” comes from the Greek word “polis”
(city; sovereign state)
- “Science” comes from Latin word “scire” (to
study/know)
Thus, in simple terms:
- Political Science is the systematic study of the
state and government
 Topic Discussion
Three Stages of Development
Political Science, as a discipline, may
be chronologically divided into three
overlapping stages of development,
namely; the charismatic stage, the
metaphysical stage and the modern
stage (Deldacan, 2005).
 Topic Discussion
Three Stages of Development
1. The Charismatic Stage
is inspired with divine right of
leaders. They were believed to have
been appointed by divine providence.
Thus, all actions headed by the leader
were deemed as prompted by god or
some kind of supernatural being.
 Topic Discussion

Three Stages of Development

2. Metaphysical Stage
the state was treated as human institution
and no longer divine. The creation of state
was an ultimate attainment of human
association.
This stage was profound by the Greeks,
such that of Aristotle and Plato.
 Topic Discussion
Three Stages of Development
3. Modern Stage
the state was still considered as a
human institution but it was deemed
capable of being improved by rulers
and subjects according to certain
principles and laws.
 Topic Discussion

 According to Robert Dahl, the term

“political science” is simply defined
as the systematic study of politics,
“which will mean a systematic
analysis to discover in the confusing
detail whatever principles may
exist of wider and more general
significance” (Ayson and Reyes,
1993).
 Topic Discussion

 The systematic study of politics is

distinguished from the practice of
politics. The student of politics or
political scientist may serve as an
adviser to the political practitioner.
 The political practitioner is a
politician. But of course, the same
person may at the same time be a
political scientist and a politician.
Activity no. 1 = Things to Ponder

Concepts
How Well Do You Understand
Political Science, Politics,
Politico or Political Scientist?
 Let’s try to test how much you know about them.
Choose one among the listed concepts and
describe it as you wish. For instance you choose
politics. Then describe politics in two letters
from A to Z. Explain your answer with a
sentence(s).
 For example: A = Arts, politics is an arts because
through strong personal charisma, excellent
communication, great sense of humor and the
like, you can convert No to Yes or Yes to No
 S = Science, politics is a science because it
investigates, analyzes, collects data, conducts
research and the like before making report,
finding, conclusion or recommendation.
A B C D E
F G H I J
K L M N O
P Q R S T
U V W X Y
Z
B. Concepts of State
and Government
The Meaning and Nature of
the State
 Topic Outline
The Concept of State and Government
Elements of a State
The Inherent Powers of the State
Activity no.6 (case analysis on police power)
Activity no.7 (case analysis on eminent domain)
Activity no.8 (case analysis on taxation)
Some Theories on the Origin of States
How is State Distinguished from Nation?
 Topic Outline
How is State Distinguished from
Government?
What is the Concept of Government?
The Nature of the Present Philippine
Government
Forms/Types of Government Experimented
in the Philippines
Brainstorming
Guessing Games
 Meaning of State
 According to James Garner, a state is a
community of persons more or less numerous
occupying a definite territory completely free
of external control and possessing an
organized government to which the great
body of inhabitants renders habitual
obedience.
 The above definition of Garner, mentions
four essential elements of the state: people,
territory, government, and sovereignty.
 Elements of State

STATE

People Territory Government Sovereignty

Elements of a State

1.People
- The mass of
the
population
living within
the state.
 They are human beings,
male and female, who live
together for a common
end, notwithstanding
differences in race, color,
religion, or culture.
 They must be sufficiently
numerous to assure
continued existence as a
collective body otherwise
the ends of the union may
be frustrated.
Note:
Community of persons, more or less numerous” means that
the people as an element of a State “should be neither too small
nor too large: enough to be self-sufficing”. For example, the
Vatican City under the Pope is the smallest State with eight
hundred thirty six (836) citizens as of July 2012; the island
Republic of Nauru with nine thousand three hundred seventy
eight (9, 378) citizens as of July 2012; the Philippines with an
estimated ninety seven million six hundred thousand (97.6
million) people this year 2012; and China with an estimated one
billion, three hundred forty three million two hundred thirty
nine thousand and nine hundred twenty three citizens (1, 343,
239, 923) as of July 2012.
Elements of a State
2. Territory
- demarcated
area that rightly
belongs to the
population
 The space on earth occupied by
the state must be more or less
fixed to settle eventual
disputes on jurisdiction: the
territorial unity, however, need
not be a geographical one; it is
sufficient that it be juristic
(recognized by law) in
character.
 Hence the territory may be
"integrated territory"
(geographically united) or
“dismembered
territory"(geographically
disunited as in the case of
colonies beyond the seas.)
Elements of a State
3. Government
- Refers to the
agency to which the
will of the state is
formulated,
expressed, and
carried out.
Government is the
machinery or the
instrument by which the
power in a state expresses
its will and exercises its
functions; it is the
framework of political
institutions, departments,
and offices, by means of
which the executive,
judicial, legislative and
administrative business of
the state is carried on.
 Element of a State
4. Sovereignty
it is defined as the
supreme and final
legal authority of the
state to enforce its
will on its members by
coercive sanctions, if
necessary, which must
not be subject to any
like power.
 Two aspects of Sovereignty
1. Internal Sovereignty -- It is
the supreme or absolute power
of a state to enforce its will on
the people within its territory.
2. External Sovereignty --
means independence of a state
from control by any other
state. It is the power of an
independent state to control
and direct its external affairs
such as the authority to enter
into treaties with other states,
to wage war, and to receive
and send diplomatic missions.
 Case Analysis
Case Situation
A perusal of the Charter of the United
Nations will reveal that only states are
qualified to become members of the
organization. The Philippines, was represented
by the Commonwealth government, was
accepted as an original member of the United
Nations.
Question: Was the Philippines a state at that
time?
 Case Analysis
Answer:
NO. During the Commonwealth
period, the Philippines had some
sort of internal and external
sovereignty but it was not yet a
state for it was still under the
control of the United States of
America.
 Activity no. 6 = Case Analysis
Case Situation:
The Republic of China (POC) is an island 100 mi
(161 km) off the Asian mainland in the Pacific. After
the defeat of its armies on the mainland, the
Nationalist government of Generalissimo Chiang Kai-
shek retreated to this island and formed
The Republic of China (Taiwan).Chiang dominated
the island and maintained strong armies in the hope
of eventually recovering the mainland. Beijing viewed
the Taiwanese government with suspicion and anger,
referring to Taiwan as a breakaway province of China.
 Activity no. 6 = Case Analysis
Question:
The People’s Republic of China
(PRC) treated Taiwan under the
“One China Policy” as one of its
provinces.
Is Taiwan under the “One China
Policy” a state?
 Activity no. 6 = Case Analysis
Answer:
Though the PRC under the “One China
Policy” treated the island of Formosa, now
Taiwan, as a mere province of China
mainland, Taiwan is a state because it
exercises both internal and external
sovereignty, the PRC has no control over the
machinery and administration of the
government in Taiwan.
 Inherent Power of the State
Every State exercises three fundamental and
inherent powers, namely:
1. Police Power It is the inherent power of the
State to regulate liberty for the promotion of the
general welfare. As pointed out by (Garcia and
Pinzon) this is the most pervasive, least
limitable, and most demanding of the three
powers.
This concept is based on the premise which says
“the welfare of the people is the supreme law”
(salus populi est suprema lex).
 Inherent Power of the State

The power is plenary and its

scope is vast and pervasive,
reaching and justifying measures
for public health, public safety,
public morals, and the general
welfare (Nachura, 2002).
 Inherent powers
of the State

2.) Power of
Eminent Domain or 3.) Power of
1.) Police Power
Power of Taxation
Expropriation

affects only property

RIGHTS. It may be
is the power of exercised by some
promoting the public private entities. The affects only property
welfare by restraining property forcibly taken rights and may be
and regulating the use under this power, upon exercised only by the
of both liberty and payment of just government.
property of all the compensation, is
people. needed for conversion
to public use or
purpose.
 Inherent Powers of the State
1. Police Power
It is defined as the power of promoting
public welfare by restraining and regulating
the use of liberty and property.
“Salus Populi Est Suprema Lex” which
means
“The Welfare of the People is the Supreme
Law”
 Case Analysis
Case Situation:
Under the Constitution, the workers have the right
to strike.
Under the Labor Code however, the Secretary of
Labor is given the authority and discretion to
determine what industries are indispensable to the
national interest and thereafter assume jurisdiction
over disputes in said industries, which in effect
prevents the workers to go on strike.
Question: Is the provision of the Labor Code
violates the Constitutional Rights of Workers to
Strike?
 Case Analysis
Answer:
No. It does not interfere with the worker’s
right to strike but merely regulates it, when
in the exercise of such right, national
interest will be affected.
The assumption of jurisdiction is in the
nature of police power measure. This is
done for the promotion of the common good
considering that a prolonged strike or
lockouts can be inimical to national
economy.
 Inherent Powers of the State

2. Power of Eminent Domain

 This refers to the inherent
power of the state to take or
expropriate private property for
public use upon payment of just
compensation to the owner.
 Case Analysis
Case Situation:
 The Government of Quezon City
enacted an ordinance requiring
private cemeteries to reserve 6% of
their total areas for the burial of
paupers.
 Question: Is the ordinance a valid
exercise of power of eminent domain?
 Case Analysis
Answer:
 No. It is not valid. There was here
taking of private property for
public use but without payment of
just compensation in violation of
the principles governing eminent
domain.
 Inherent Powers of the State
3. Power of Taxation
 It is the power of the State to demand from
the people their proportionate share on
contribution in the maintenance of the
government.
 The power of taxation proceeds upon the
theory that the existence of government is a
necessity, but it cannot continue without
means to pay its expenses, and that for these
means it has a right to compel all its citizens
and property within its limits to contribute
 Case Analysis
Case Situation:
 In connection with the recovery of the ill-
gotten wealth of the Marcoses, the PCGG
entered into a Compromise Agreement with
the Marcoses whereby the latter will be
granted exemption from all forms of taxes
over the properties to be retained by them.
 Question: Is the Compromise Agreement
Valid?
 Case Analysis

Answer:
 No. The power to tax and to grant
exemptions is vested in the Congress and, to
a certain extent, in the local legislative
bodies. The PCGG has absolutely no power
to grants tax exemptions even under the
cover of its authority to compromise ill-
wealth cases.
 State Distinguished from Nation
 Nation should not be confused with the
State as they are not the same.
 The State is a political concept, while
Nation is an ethnic concept. A nation is a
group of people bound together by certain
characteristics such as common social
origin, language, customs and traditions,
and who believe that they are one and
distinct from others.
 State Distinguished from Nation
 A state may consist of one or more nations
and conversely, a nation may be made up of
several states.
 Examples:
 Arab Nation is divided into several states,
such as: Egypt, Saudi Arabia, Jordan, Syria,
Lebanon, and others.
 The United States is a melting spot of
several nationalities.
 State Distinguished from Nation
 United State of America is a federal
republic comprising of fifty states and
one federal district.
 They are states of Nevada, California,
Utah, Arizona, Nebraska, Texas
Indiana, Florida, Montana, Colorado,
Maine, Kentucky, Georgia, New York
etc. and Washington D.C.
 State Distinguished from Nation

 Question:
 How would you classify Philippines
in terms of two concepts? –that is
state is a political concept, while
nation is an ethnic concept.
 Answer:
 Philippines is a STATE composed
of one Nation.
 Theories of the state origin

• This theory presents the

The view that the state was
Divine created by God. The
authority to govern the
Right people was ordained by
God upon rulers who were
Theory regarded as of divine
descent.
 • This theory explained
The that the state was
formed by means of a
Social social contract of men
Contract who lived in a “state of
Theory nature”.
 The • The state came into existence
Force out of conquest, force or
coercion.
Theory
The • The state was a natural
Natural institution and not an abstract or
artificial being. It was a natural
Theory system that unified its citizens.
 • The state evolved from the
smallest unit of society – the
The family. Gradually, the family
headed by a parent enlarged
Patriarchal into a clan and later on, the
Theory clan expanded into a tribe,
the tribe into a nation, and
the nation into a state.
 • The state was created because
of the natural inclination of
The men towards political
association. A social being by
Instinctive nature, man associated himself
Theory with other men for self-
preservation and security.
Thus, the state was born.
 • The state developed out of man’s
economic wants. Man in isolation
could not procure all the necessary
The things he needed. To satisfy his
wants, he could not be an island. He
Economic had to associate with other men in
order to provide themselves with
Theory their various needs through
exchange of goods and services and
led a societal existence. Thus the
state was formed.
The Concept of Constitution
 Topic Outline
o The Meaning of Constitution
Nature and Purpose of a Constitution
The Supremacy of Constitution
The Self-Executing and Non-Self Executing
Effects of Declaration of Unconstitutionality
Ways of Amending the Constitution
Brainstorming
Guessing Games
 Topic Outline
The Meaning of Constitution
 The term constitution refers to “that
body of rules and principles in
accordance with which the powers of
sovereignty are regularly exercised.”
 As implied by the definition, it covers
both written and unwritten constitution.
 Topic Outline
 With particular reference to the constitution of
the Philippines, it may be defined as a written
instrument by which the fundamental powers
of the government are established, limited and
defined, and which these powers are
distributed among the several departments for
their safe and useful exercise for the benefit of
the people.
 Topic Outline
Nature and Purpose of Constitution
 To prescribe the permanent framework of a
system of government
 To assign to the several departments their
respective powers and duties
 Topic Outline
Supremacy of Constitution
 It is a supreme law to which all other laws must
conform (e.g. ordinances, national law). In
other words, our Constitution is supreme over
ordinance or national law.
 The principle of supremacy of the constitution
equally applies where there is conflict between
international law, treaties and the Philippine
Constitution.

 Topic Outline
Supremacy of Constitution

 Under the 1987 Constitution, the Judiciary is

empowered to declare the law
unconstitutional, whether domestic or
international. This is equally applies to
treaties.
 Case Analysis

 Under the 1987 Constitution foreign merchant vessels

cannot exercise both right of innocent passage and
involuntary entrance in the internal waters of a
state.
 Since the Philippines constitutionally treats waters
within the archipelagic baseline as internal waters,
foreign merchant vessels can neither exercise right of
innocent passage nor the right of involuntary
entrance.
 However, under the UN Convention on the law of the
Sea, foreign merchant vessels may exercise right of
involuntary entry in the waters within the
archipelagic line.
Question: How can a court resolve this conflict?
 Answer

This conflict between the Constitution and

the international law should be resolved by a
Philippine court in favor of the supremacy of
the former over the latter.
However, the rule differs if the matter is to
be considered by an international forum, which
would be more inclined to sustain the
supremacy of international law.
Non-Self Executing and Self Executing
Provisions of the Constitution
Non Self-Executing and Self Executing

Non-Self-Executing Self-Executing
They do not confer The Self-Executing
rights nor impose Provisions– They are
obligations. Their complete and operative
mandate can only be without the aid of
realized by the supplementary or
enactment of laws. They enabling legislations.
are sleeping provisions
and can only be
awakened by legislation.
 Case Analysis
After serving three consecutive terms as Mayor
of Pateros, Atty. Pepino Kapco was succeeded by
his brother Atty. Sendo Kapco, who also served
three consecutive terms. Groomed to become
Mayor, Atty Voya Kapco, son of incumbent Mayor
at that time, filed a certificate of candidacy for
mayoralty race in Pateros.
Atty. Mikeguel immediately filed a petition with
the Comelec to disqualify Att. Voya on the ground
of violation of the rule against political dynasties.
 Continuation
Article II, Section 26 of the Constitution states:
“The State shall guarantee equal access to
opportunities for public service and prohibit
dynasties as may be defined by law.
Question:
Will the petition against the “Kapco Dynasty” in
Pateros prosper?
 Answer
NO. The policy of the state against political
dynasty is non-self-executing provision of the
Constitution. Congress must first pass a law
defining political dynasty and prescribing
penalties for violation thereof such as
disqualification of a member of a political
dynasty to run for elective office.
Without an implementing law on political
dynasty to wake up such policy, it will remain a
sleeping provision of the Constitution.
 The Self-Executing
Provisions– They are
complete and operative
without the aid of
supplementary or
enabling legislations.
 Case Analysis
Under the 1987 Constitution, specifically,
Article III, Section 19 which states that “ Neither
shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, that
Congress hereafter provides for it.
Question:
Is Article III, Section 19 of the Constitution a self-
executing provision?
 Answer

With respect to the rule on the non-imposition

of death penalty, the same is self-executing. After
the affectivity of the 1987 Constitution but before
the enactment of the Death Penalty, the court of
law cannot impose death penalty.
No legislation is required to make the provision
prohibiting the imposition of death penalty
operational.
 Continuation

With respect to the imposition of death penalty

in cases involving heinous crimes, such
constitutional rule is a non-self-executing
provision because of the phrase “the Congress
hereafter provides for it.
Thus, Congress must pass an implementing law
to define heinous crime and impose death penalty
if there is compelling reason to do so.
 Effects of the Declaration of
Unconstitutionality
Orthodox View Modern View
Under this view, an Under this view, the
unconstitutional act is court will simply refuse to
not a law, it is recognize the law as if it
inoperative, as if it has had no existence.
not been passed. In sum, the effect of
The declaration of declaring a law
unconstitutionality by unconstitutional is
the court of law is given prospective rather than
retroactive. retroactive.
 Case Analysis

Congress passed a law authorizing City and

Municipal Mayors and Provincial Governors to
solemnize marriage. For 20 years, there were
approximately 500,000 marriages solemnized by
Mayors and Governors. However, records will
show that the law was unconstitutional for lack
of majority approval of the Senators.
Question:
What will be the effect on the said 500,000 if the
court declared it unconstitutional?
 Answer

If the court will follow the Orthodox View, then

the law is null and void from the very start. The
nullity of the law will make the 500,000
marriages invalid and millions of children born
out of those invalid marriages will be
illegitimate.
Because of the harsh and absurd effect of
applying the Orthodox View, the court will simply
refuse to recognize the law following the modern
view
 Continuation

Thus, from the day the court declared the law

unconstitutional, Mayors and Governors cannot
anymore solemnize marriages.
However, the 500,000 marriages solemnized by
Mayors and Governors prior to the judicial
declaration of unconstitutionality of the law will
remain valid.
Only marriages solemnized by Mayors and
Governors after the said declaration are null and
void.
_______________________________
1 2 3 4 5 6 7 8 9 10
 Essential Parts of a Constitution

1. Constitution of Government
It is a portion of the Constitution that establishes the
main branches of government, defines the powers of the
government and assigns them to the said branches.
Under the Philippine Constitution, the following belong to
this category:
a. Executive art VII b. Legislative Art VI c. Judiciary art
VII d. Constitutional Commission e. Local Government
f. Accountability of Public Officers
 Essential Parts of a Constitution

2. Constitution of Liberty
It is a portion of the Constitution which lays down the
individual’s basic rights and freedom, which are a
protective shield against abuses of government.
Under the Philippine Constitution, the following belong to
this category:
a. Bill of Rights art III b. Citizenship art IVc. Suffrage art
V d. Declaration of Principles and State Policies art II
f. National Economy and Patrimony
 Essential Parts of a Constitution

3. Constitution of Sovereignty
It is a portion of the Constitution which provides the
process for the exercise of people’s sovereign power to
approve, amend, revise the constitution
Under the Philippine Constitution, the provision of
amendment or revision under Article XV11 belong to this
category.
Process of Constitutional Amendments
(Ways of Amending the Constitution)
ARTICLE XVII
 ARTICLE XVII
AMENDMENTS OR REVISIONS

 Section 1. Any amendment to, or revision of, this

Constitution may be proposed by:
(1) The Congress, upon a vote of three-
fourths of all its Members; or
(2) A constitutional convention.
 Section 2. Amendments to this Constitution may
likewise be directly proposed by the people through
initiative upon a petition of at least twelve per centum
of the total number of registered voters, of which
every legislative district must be represented by at
least three per centum of the registered voters
therein.
 No amendment under this section shall be authorized
within five years following the ratification of this
Constitution nor oftener than once every five years
thereafter.
 ARTICLE XVIi
AMENDMENTS OR REVISIONS

The Congress shall provide for the

implementation of the exercise of this right.
 Section 3. The Congress may, by a vote of two-thirds
of all its Members, call a constitutional convention,
or by a majority vote of all its Members, submit to
the electorate the question of calling such a
convention.
 Section 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of
such amendment or revision.
 ARTICLE XVIi
AMENDMENTS OR REVISIONS

 Any amendment under Section 2

hereof shall be valid when ratified
by a majority of the votes cast in a
plebiscite which shall be held not
earlier than sixty days nor later
than ninety days after the
certification by the Commission on
Elections of the sufficiency of the
petition.
Thank You