POLITICAL SCIENCEPOLITICS from Greek word polis meaning “city-state”

polites – citizenspolitikos – government officials

SCIENCE 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. Aristotleo 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 one’s 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

2. 16th – early 20th centuryo Jean Bodin – French political philosopher coined the term political science

but limited its concern for the organization of institutions related to lawo 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

3. 1950’so 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’ attitudeso emphasis on political interaction and actual participation of people in a body

politic

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Political science is the systematic study of the state.o government are the formal institutions of politicso 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 thereo as social beings, whenever people join together, there is always a situation

when decisions have to be madeo in that sense, there is politics at home, in the classroom, in organizationso 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 goalso in the form of legislative acts, judicial decisions, executive orders,

administrative decisions for public good and interests

SCOPE OF POLITICAL SCIENCEo political theory – origin, form, behavior and purposes of the stateo public law – organization, limitation, power and duties of governments,

obligation of one state to anothero public administration – executive, legislative, judicial powers

GOALS OF THE STUDY OF THE POLITICAL SCIENCEo 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 be less hasty in their judgments of the unfamiliar, and to

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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

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STATE NATION

The state is a political concept. 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.

The state is not subject to external control. A nation may or may not be independent.

A single state may consist of one or more nations.(e.g. United States)

A single nation may be made up of several states.(e.g. Arab nation)

STATE GOVERNMENT

The state is an idea that extends through time, whose characteristics are drawn from a long history of governments

The government is only one of the elements of the state. The people running it and its form may change within the same state.

The state cannot exist without a government.

It is possible to have a government without a state.

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ORIGIN OF THE STATE

Theories on the Origin of the State• Divine Right• olitics merged with religious beliefs• ruler was God’s (or the gods’) appointed agent on earth• to challenge the king is to challenge divine authority

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Early Hebrew Tribes

loosely knit grouping of families and clansfrom common ancestorsmall enough for mobilitylarge enough for self-sufficiencycode of behavior based on traditionsdecisions collectively made by male elders

Needsconquer Canaan

Challengesmilitary threat of Philistines

needfor

politicalorganizatio

n

Institution of a Formal State(as reflected during Solomon’s reign)

king replaced family head and tribal patriarchsking’s councilors took the place of tribal eldersintroduction of centralized authorityformalized hierarchyspecialization of tasks (collection of tax, supervision of public works, recruitment of military, maintenance of peace and order)written (instead of oral) communication

need tolegitimizethe state

THEORIES OF THE ORIGIN OF THE STATE

• 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 history’s 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• man’s 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

citizen’s 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 one’s

intellectual capabilities (reason)

• Patriarchal Theory

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• “paternalistic theory”• Robert Lowie• state arose through the process of evolution• 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 MAIN IDEA ASSUMPTION OF HUMAN NATURE

IDEAL FORM OF GOVERNMENT

POSSIBILITIES FOR A REVOLUTION

Divine Right HammurabiSt. Paul

state was created by the will of God and the ruler was God’s appointed agent on earth

men are not equal, king ordained by God

monarchy to challenge authority is to challenge God

Might Makes Right

ThrasymachusMachiavelli

state came into existence out of force and could claim legitimacy as long as it has power to enforce its will

men are not equal, will of the strong is imposed on the weak

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

yes, as long as the revolution succeeds

Social Contract

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

Thomas Hobbes life of man is solitary, poor, nasty, brutish and short

absolute monarchy people had no right to revolt against the Leviathan

John Locke not all men are rational

government by the rich

government might be resisted, even overthrown when it no longer serves the individual’s self interests

Jean Jacques Rousseau

all men are equally rational

popular democracy government might be resisted, even overthrown when it no longer serves the citizens’ welfare

Organic Analogy

AristotleEdmund Burke

state developed from the evolving interests and needs of the individual, state being the most complete way of nourishing one’s intellectual capabilities

men are rational, naturally political beings

depends on the evolving needs of the individual

Patriarchal Theory

Robert Lowie state arose through the process of evolution from the smallest unit of society – the family

men are social beings, emphasizing the role of men as part of a group

depends on the evolving needs of the group

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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 GovernmentTraditional 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)

Modern ClassificationA. As to Numbers

1. monarchy – rule of onea. absolute – by divine rightb. limited – in accordance with a constitution

2. aristocracy – rule by a few privileged class3. democracy – rule by a majority of the people

a. direct or pure – will is formulated directly or immediately through the peopleb. indirect, representative or republican – will is formulated through a small and

select body of persons chosen by the people as their representatives

B. As to Extent of Powers by the National Government1. unitary – control of national and local affairs are exercised by the central government2. federal – powers of government is divided: one for national affairs and another for

local affairs

UNITARY FEDERAL

strengths

• uniformity in legislation• efficiency and effectiveness in

execution of nat’l policies• less expense in operation of

gov’t• fosters nat’l unity

uniformity of laws applicable to whole country; but allows diversity of policies more suited to the needs of local gov’t

stimulates people participation

nat’l gov’t relieved of burden in attending to local problems

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weaknesses

• stifles initiative of local gov’t to formulate program of dev’t

• national gov’t tends to be autocratic

• gov’t imposed programs for local affairs may fail

• nat’l gov’t tend to disregard local affairs

• difficulty in implementing nat’l 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

C. As to Relationship Between executive and Legislative Branches1. parliamentary – legislative has power to terminate tenure of office of the executive2. presidential – executive is constitutionally independent of the legislative

PRESIDENTIAL PARLIAMENTARYOutstanding

Featureseparation of powers bet. executive and legislative

union of executive and legislative

Chief Executive President Prime Minister/Premier (primus inter pares – first among equals)

Manner of Assumption to

Office

elected directly by people people elect members of parliament; members of party enjoying majority choose form among themselves PM who will chose cabinet members

Term of Office with definite term of office no fixed term, can be removed anytime by a no confidence vote by parliament

Constitutional Removal from

Office

defeat in reelection OR through impeachment

by vote of censure or no confidence, new PM elected by parliament

Other Features head of state and head of gov’t are the same

separate symbolic head (monarch, President) and head of gov’t

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 GOVERNMENT EXECUTIVE LEGISLATIVE JUDICIARY LAWS OTHER FEATURES

Pre-Spanish Period

barangay datu. lakan, rajah, hari

datu, agorang datu, agorang unwritten, based on traditions, announced by umalohokan

treaties, confederations with other barangays are sealed with sandugo

sultanato sultan sultan, ruma bichara (council)

kali (judge)agama (local courts)

based on Koran, shariah, Luwaran, adapt

hierarchical, woth specialization of administrative tasksraja muda, wazir, panglima, majarajah/orangkaya, imam

Spanish Period

colonial government

Governor-Generalcumplase

Governor-Generalautos acordados

Governor-General, Real Audencia, Territorial Audencia

laws come from Spain (decreto superior)

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)

Katipunan Supremo Supreme Council Judicial Council laws on violations committed by and on differences among members

Supreme Council, Provincial Council, Popular Council

Biak-na-Bato President Supreme Council Supreme Court of Grace and Justice

constitution written by Isabelo Artacho and Felix Ferreer based on Cuban constitution

lasted for 2 years, ended with Pact of Biak-na-Bato

Dictatorial Government

Dictator Dictator Dictator constitution provided for a federal government, written by Mariano Ponce

most significant achievement was the proclamation of independence

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PERIOD GOVERNMENT EXECUTIVE LEGISLATIVE JUDICIARY LAWS OTHER FEATURESRevolutionary 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

reorganization of municipal and provincial government for liberated areas, first significant act was ratification of proclamation of independence

First Philippine Republic

President, elected by Assembly

Assembly of Representatives,Permanent Commission

Supreme Court, Chief Justice elected by Assembly

Malolos Constitution

created diplomatic positions abroad (US, Japan, England, France, Australia), separation of Church and state

American Period

Military Government

Military-Governor Military-Governor Supreme Court, appointed by US President

from Military-Governor

President of US delegated powers to Military-Governor

Civil Government Governor-General Philippine Commission (upper house)Philippine Assembly(lower house)

Supreme Court, appointed by US President

Jones Law (preamble, bill of rights, created Senate and House of Representatives)

2 resident commissioners to American Congress

Commonwealth Government

President National Assembly Senate and House of Representatives

Supreme Court 1935 Constitutionwoman suffrage

republican, presidential, unicameral and later bicameral, functioned in exile during Japanese occupation

Japanese Period

Japanese Military Administration

Japanese Director General

Japanese Director General

Japanese Director General

martial law acted under directives from Japan

Philippine Executive Commission

Commission headed by Chairman

Commission headed by Chairman

Supreme Court law subject to approval of Commander-in-Chief of Japanese Forces

reorganization of local governments

Second Republic of the Philippines

President, no Vice President

National Assembly Supreme Court 1943 Constitution, transitory to be in effect during war

ultimate source of authority was Japanese authority

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PERIOD GOVERNMENT EXECUTIVE LEGISLATIVE JUDICIARY LAWS OTHER FEATURESPost-War Period

Third Republic President Senate and House of Representatives

Supreme Court 1935 Constitution, Parity Amendment

allowed for 4-year term with 1 re-election

Martial Law Prime Minister/President

National Assembly/Batasang Pambansa

Supreme Court 1973 Constitution, amended 4 times

officially called a constitutional authoritarianism but a dictatorship in realitymodified parliamentary system

New Republic/ Fourth Republic

President as Head of State and Chief Executive

Batasang Pambansa which can check only PM and not President

Supreme Court 1973 Constitution as amended

practically no term limit

Post-Marcos Era

Provisional Government of 1986

President President through executive Orders

Supreme Court Provisional Constitution/ Freedom Constitution

revolutionary government because it was installed by direct action of people and not by procedures provided by the Constitutionfrom de facto to de jure

Fifth Republic President Senate, House of Representatives

Supreme Court 1987 Constitution separation of powers, checks and balances, non-delegation of powers

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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 / History1. conventional or enacted – enacted by a constitutional assembly or granted by a monarch

to the subjects2. cumulative or evolved – product of growth over a long period of development,

originating in customs, traditions, judicial decisions

B. As to Form1. written – has been given definite written form at a particular time2. unwritten – consisting largely of a mass of customs, usages and judicial decisions,

usually bearing different dates; not codified in a single document

C. As to Manner or Amending1. rigid or inelastic – cannot be amended or altered except by some special machinery more

difficult than the ordinary legislative process2. flexible or elastic – possesses no higher legal authority than ordinary laws and which may

be altered in the same way as other laws

Written Constitution

1. advantages – clear and definite, cannot be easily bent or twisted to meet temporary fancies of the moment, apt to be more secure

2. 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

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Requisites of a Good Written Constitution

A. As to Form1. brief – in a few provisions should outline the structure of the government and rights of

citizens2. broad – comprehensive as possible3. definite – vagueness which may lead to different interpretations of essential features may

cause invaluable harm

B. As to Content1. constitution of government – framework of government and its powers2. constitution of liberty – fundamental rights of people and limits on the powers of the

government3. constitution of sovereignty – mode or procedure for amending/revising the constitution

CONSTITUTION STATUTE

legislation direct from people legislation from people’s representatives

states general framework of the law and government

provides details of the subject of which it treats

not merely to meet existing conditions but to govern the future

meet existing conditions only

supreme / fundamental law must conform with the constitution

Amending / Revising the Philippine Constitution• ways of changing the constitution1. amendment – change in some part of the Constitution without considering the whole

document2. revision – re-writing or substantial changing of the Constitution viewed in its entirety

Proposed Amendments/Revisions1. 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 ¾ 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 conventionb. members are elected by voters, with express purpose of framing or revising the

Constitution

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3. People’s 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 thereinb. may be done not oftener than once every 5 yearsc. limited only to amendments

Ratification of Proposed Amendment / Revision• proposals by Constituent Assembly, Constitutional Convention and People’s 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 Philippines1. Biak na Bato Constitution2. Malolos Constitution3. 1935 Constitution4. 1943 Constitution5. 1973 Constitution6. Freedom / Provisional Constitution7. 1987 Constitution

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CONSTITUTIONS OF THE REPUBLIC OF THE PHILIPPINES

FRAMING RATIFICATION BASIC FEATURES AMENDMENTS

1935 as part of the conditions for the eventual granting of independence (Tydings-McDuffie Law)framed by Constitutional Convention

approved by US President F.D. Roosevelt; ratified by Filipinos in May 1935 plebiscite

republican in form, with bill of rights, defined relations between Philippines and US during Commonwealth and after independenceinfluenced by constitution of US, Malolos Consitution, 3 organic laws (Instruction to 2nd Philippine Commission, Philippine Bill of 1902, Jones Law)

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 anti-Marcos delegates

“approved” by people through citizen assemblies with 95% positive majorityratified through Presidential Proclamation

parliamentary government with PM as head of government and President as ceremonial head, both elected by National Assemblylegislative power vested in unicameral National Assemblyemphasized duties and obligations of citizensparity rights terminatedlegalized 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 RATIFICATION BASIC FEATURES AMENDMENTS

1987 drafted by Constitutional Commission composed of 48 members appointed by the Presidentconvened on June 1986 at Batasang Pambansa, culminating after 133 days with a vote of 44-2

ratified in a plebiscite in February 1987

recognition of aid of Almighty Godsovereignty of peoplerenunciation of war as an instrument of national policysupremacy of civilian authorityseparation of Church and Staterecognition of importance of family and vital role of youthguarantee of human rightsgovernment through suffrageseparation of powersindependence of judiciaryguarantee of local autonomyhigh sense of public servicenationalization of natural resourcesnon-suability of the Staterule of the majority (simple, 2/3, ¾)government of laws and not of men

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COMPARISON OF THE 1935, 1973, 1987 PREAMBLE

1935 1973 1987

The Filipino people, imploring the

aid of Divine Providence, in order to

establish a government that shall

embody their ideals, conserve and

develop the patrimony of the nation,

promote the general welfare, and

secure to themselves and their

posterity the blessings of

independence under a regime of

justice, liberty, and democracy, do

ordain and promulgate this

Constitution

We, the sovereign Filipino people,

imploring the aid of Divine

Providence, in order to establish a

government that shall embody our

ideals, promote the general welfare,

conserve and develop the patrimony

of our Nation, and secure to

ourselves and our posterity the

blessings of democracy under a

regime of justice, peace, liberty, and

equality, do ordain and promulgate

this Constitution.

We, the sovereign Filipino people,

imploring the aid of Almighty God,

in order to built a just and humane

society, and establish a government

that shall embody our ideals and

aspirations, promote the common

good, conserve and develop our

patrimony, and secure to ourselves

and our posterity the blessings of

independence and democracy under

the rule of law and a regime of truth,

justice, freedom, love, equality and

peace, do ordain and promulgate this

Constitution.

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PROVISIONS ON NATIONAL TERRITORY

1935 CONSTITUTION 1973 CONSTITUTION 1987 CONSTITUTIONThe 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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