Preliminary Concepts
A. Definition of Political Science
Political Science the systematic study of the state and
government
Has, as its formal object, a basic knowledge and understanding
of the state
Primarily concerned with the association of human beings into
a body politic
It deals with those relations among men and groups which are
subject to control by the state
B. Scope of Political Science
1. Political Theory The entire body of doctrines relating to the
origin, form, behavior, and purposes of the state
2. Public Law
The organization of governments
The limitations upon government authority
The powers and duties of governmental offices and officers
The obligations of one state to another are handled in the
study of public law
3. Public Administration attention is focused upon the methods
and techniques used in the actual management of state affairs
by executive, legislative, and judicial branches of the
government
C. Concept of state and government forms
State a community of persons more or less numerous,
permanently occupying a definite portion of territory, having a
government of their own to which the great body of inhabitants
render obedience, and enjoying freedom from external control
1. Elements of State
a. People refers to the mass of population living within the
state
Theories of Governance
Parens Patriae - Parens Patriae means literally, "parent of the
country." It refers traditionally to the role of State as sovereign and
guardian of persons under legal disability. Parens Patriae originates
from the English common law where the King had a royal prerogative
to act as guardian to persons with legal disabilities such as infants.
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2.
3.
4.
5.
6.
Constitutionalism in General
A. Definition, classification, nature and purpose of the constitution
1. Meaning of Constitution
a. In its broad sense, the term constitution refers to that body
of rules and principles in accordance with which the powers
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b.
c.
d.
e.
2. 1973 Constitution
a. Framing
Congress in joint session, passed Resolution of Both
Houses No. 2, authorizing the holding of a constitutional
convention in 1971
The 1935 Constitution, with reference to the Malolos
Constitution, was made the basis for the drafting of
amendments to the new Constitution
b. Approval by Citizens Assemblies
Presidential Decree No. 86 was issued, creating a
Citizens Assembly in each barrio in municipalities and in
each district in chartered cities throughout the country
The barangays were to conduct a referendum on national
issues
c. Ratification by Presidential proclamation the President of
the Philippines, through the Proclamation No. 1102 on
January 17, 1973, and certified and proclaimed that the
Constitution proposed by the 1971 Constitutional
Convention had been ratified by the Filipino people and had
thereby come into effect
d. Amendments
That making the then incumbent President, the regular
President and regular Prime Minister
That granting concurrent law-making powers to the
President which the latter exercised even after the lifting
of martial law in 1981
That establishing a modified parliamentary form of
government
That permitting natural-born citizens who have lost their
citizenship to be transferees of private land, for use by
them as residence
That allowing the grant of lands of the public domain
to qualified citizens
That providing for urban land reform and social housing
program
3. 1987 Constitution
a. Framing and ratification
The President promulgated the Law Governing the
Constitutional Commission of 1986, to organize the
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Borneo) against Malaysia and the possible claim to the socalled Freedomland (a group of islands known as Spratly
islands in the South China Sea) and the Marianas Islands,
including Guam (which according to historical documents were
under the control of the civil and ecclesiastical authorities in the
Philippines during the Spanish regime), or any other territory
over which the Philippines may in the future find it has a right
to claim
3. Manifestations of Republicanism
The existence of a bill of rights
The observance of the rule of the majority
The observance of the principle that ours is a government of
laws, and not of men
The presence of elections through popular will
The observance of the principle of separation of powers and
the system of checks and balances
The observance of the principle that the legislature cannot
pass irrepealable laws
The observance of the law on public officers
The observance of the principle that the State cannot be sued
without its consent
4. State Policies
a. Foreign policy of the Philippines (Sec. 7)
An instrument of domestic policy it is the sole weapon
of a State for the promotion of national interest in
international affairs
Pursuit of an independent foreign policy the
Constitution mandates the State to pursue an independent
foreign policy, aware of the unwelcome consequences of
a policy characterized by excessive dependence on
another country
Paramount consideration the Constitution recognizes
that in the pursuit of an independent foreign policy in an
interdependent world, new realities and new situations
may require the Philippines to make a reappraisal of the
conduct of its foreign relations
b. Freedom from nuclear weapons policy (Sec. 8)
As subject to exception if the national interest so
dictates, the storing of nuclear weapons in our territory
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b. A political right
9. Scope of Suffrage
a. Election
b. Plebiscite
c. Referendum
d. Initiative
e. Recall
10.Qualifications of voters
a. Must be a citizen of the Philippines
b. Not otherwise disqualified by law
c. At least 18 years of age
d. Have resided in the Philippines for at least one year in
the place wherein he proposes to vote for at least 6
months preceding the elections
E. Legislative Department
Legislative Power essentially the authority under the
Constitution to make laws and subsequently, when the need arises,
to alter and repeal them
1. Classification of powers of Congress
a. General legislative power power to enact laws intended
as rules of conduct to govern the relationships among
individuals or between the individuals and the State
b. Specific power powers which the Constitution
expressly directs or authorizes contest to exercise the
power
c. Implied power those essential or necessary to the
effective exercise of the powers expressly granted
d. Inherent power powers which are possessed and
exercised by every government because they exist as an
attribute of sovereignty
2. Qualifications of Members of Congress
a. Senate
A natural-born citizen of the Philippines
At least 35 years of age on the day of the election
Able to read and write
A registered voter
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2. Organization of courts
a. Regular courts
i. Court of Appeals (now with 69 Justices headed
by a Presiding Justice) operates in 23 divisions
each comprising 3 members. The Court sits en
banc only to exercise administrative, ceremonial,
or other non-judiciary functions
ii. Regional Trial Court presided by 720 Regional
Trial Judges in each of the 13 regions of the
country
iii. Metropolitan Trial Court in each metropolitan
area established by law; a Municipal Trial Court in
every city not forming part of a metropolitan area
and in each of the municipalities not comprised
within a metropolitan area and a municipal circuit;
and a Municipal Circuit Trial Court in each area
defined as a municipal circuit comprising one or
more cities and/or one or more municipalities
grouped together according to law
b. Special Courts
i. The Sandiganbayan (now with 15 justices
headed by a Presiding Justice) operates in 5
divisions each comprising 3 members
ii. The Court of Tax Appeals (with 3 judges headed
by a Presiding Judge) which has exclusive
appellate jurisdiction to review on appeal decisions
of the Commissioner of Internal Revenue
involving internal revenue taxes and decisions of
the Commissioner of Customs involving customs
duties
3. Importance of the judiciary
a. Confidence in the certain and even administration of
justice
b. Preservation of the government
c. Respect for law and order
4. Independence of the judiciary
a. Congress may not deprive the Supreme Court of the
constitutional powers granted to it
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CONSTITUTION
ARTICLE III BILL OF RIGHTS
1. It is the set of prescriptions setting forth the fundamental civil and
political rights of the individual and imposing limitations on the
powers of government as a means of securing the enjoyment of those
rights.
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a. Bill of Rights
b. Natural Rights
c. Constitutional Rights
d. Statutory Rights
2. These are the rights that are inherent and inalienable; pertaining to all
human persons and given to him by his Creator.
a. Bill of Rights
c. Constitutional Rights
b. Natural Rights
d. Statutory Rights
3. These are the rights conferred upon the individual by the Constitution
and guaranteed by the same.
a. Bill of Rights
c. Constitutional Rights
b. Natural Rights
d. Statutory Rights
4. These are the rights given by laws passed by the legislature.
a. Bill of Rights
c. Constitutional Rights
b. Natural Rights
d. Statutory Rights
5. These are the rights of a citizen as regards his participation in the
administration of the government.
a. Political Rights
c. Constitutional Rights
b. Civil Rights
d. Statutory Rights
6. These are other rights to secure for the individual his means of
securing his happiness. These would include his social and economic
rights as well as the rights of the accused.
a. Political Rights
c. Constitutional Rights
b. Civil Rights
d. Statutory Rights
7. The chief elements of the guaranty to liberty are the right to contract,
the right to choose ones employment, the right to labor, and the right
of locomotion.
a. Political Rights
c. Liberty
b. Civil Rights
d. Statutory Rights
8. This refers to the method or manner by which the law is enforced. Its
basic elements are notice, opportunity to be heard, and jurisdiction.
a. Political Rights
c. Liberty
b. Civil Rights
d. Procedural Due Process
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a. Political Rights
b. Habeas Corpus
c. Liberty
d. Slavery
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24.In this kind of prosecution, the accused may refuse to take the witness
stand based on this right against self-incrimination.
a. Bill of Attainder
c. Liberty
b. Habeas Corpus
d. Criminal
25.This refers to anything that diminishes the efficacy of a contract.
a. Bill of Attainder
c. Liberty
b. Impairment
d. Recognizance
I.
Preliminary Concept
A.
1.
Politics
From historic viewpoint, the term politics came from the Greek word,
polis or city state. Aristotle in famous book: the politics made the
observation that every, polis, or city state is a kind pf association and that
man by nature and that man by nature is a political animal from this view,
it can be deduced that this relationship may be called rule, authority, or
power.
2.
Political Science
The systematic study 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.
3.
Governance
Government is a distinct branch of study, dealing with government set up of
the state on both rational and local levels.
C.
State
The state is a community of persons more or less numerous occupying, a
definite government to which the greater body of inhabitants rends habitual
obedience.
D.
Forms of Government
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b.
Federal
A federal government is one in which government is one in which
governmental powers are divided between the central government and its
local government unit as specified in the constitution.
B.
Political ideologies and Political Philosophers and their contributions
to politics.
A.
1.
Political Ideologies
Democracy
government by the people or their elected representatives
a political or social unit governed ultimately by all its members
the practice or spirit of social equality
a social condition of classlessness and equality
2.
Liberalism
Liberalism can be understood as (1) a political tradition (2) a political
philosophy and (3) a general philosophical theory, encompassing a theory of
value, a conception of the person and a moral theory as well as a political
philosophy. As a political tradition liberalism has varied in different
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Socialism
A theory or system of social reform which contemplates complete
reconstruction of society, with a more just andequitable distribution of
property and labor. In popular usage, the term is often employed to indicate
any lawless revolutionary social scheme.
5.
Communism
A scheme of equalizing the social conditions of life;
specifically, a scheme which contemplates the abolition of
inequalities in the possession of property, as by
distributing all wealth equally to all, or by holding all
wealth in common for the equal use and advantage of all.
6.
Anarchy
Absence of government; the state of society where there is
no law or supreme power; a state of lawlessness; political
confusion.
B.
Political Philosophers
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1.
Socrates
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tried to construct. Machiavelli also gives prominence to the role of war and
violence in his work. The Prince must not only be wise in governing, but
also skilled in the art of war. To not be skilled in the latter renders a prince
useless in the former.
13. Thomas Hobbes The Leviathan is similarly concerned with the state
of war and the need to maintain order. Like Machiavelli, Hobbes
understands humans as rational creatures who are self-interested and
calculating. His understanding of the political community is not grounded in
moral virtue. In fact, Hobbes passes no judgment on mans virtue at all. The
desires, and other passions of man, are in themselves no sin, Hobbes wrote,
no more are the actions that proceed from those passions (Hobbes 187).
For Hobbes, men are made equal, and while some might be stronger or
smarter, each live under the same constraints and fears (Hobbes 183).
Hobbes famously understood the nature of mankind as nasty, brutish and
short (Hobbes 186). This forced man to seek the Commonwealth for
protection from war, harm and death. The Commonwealth, simply put, is
effective so long as it protects mankind. Unlike Machiavellis work, Hobbes
does not actually deal with the mechanisms which make for effective
governing. Hobbes work deals more with the social contract between man
and the sovereign. In social contract theory, individuals give up their liberty
to the sovereign or state in return for protection. The sovereign is thus
obligated to man to keep the peace.
14. John Lockes Second Treatise on Government is frequently seen as a
direct response to Hobbes Leviathan. Locke and Hobbes both deal with man
in the state nature. Hobbes and Locke agree that the laws of nature obligate
man to treat one another equally, at least in terms of their life and
possessions (Locke 5). However, unlike Hobbes, Locke seemed less worried
that man would be in a constant state of war without government, or a
sovereign (Locke x-xi). Lockes work also reads less pessimistically than
Hobbes or Machiavellis work. While Locke agrees that men are born free,
the agency he gives to man is more robust than Hobbes understanding of
mankind (Locke 4). Reading Hobbes, one gets the impression that mankind
must choose the sovereign or suffer. Man in Lockes state of nature chooses
the sovereign consensually, and does so not because he fears for his life.
Locke stands in particular opposition to Machiavelli. While Machiavelli had
no problems with hereditary rule, Locke insisted that there were ten other
men that could do that same job with as much wisdom and skill. Although
governments main objective is to provide order, stability and thus
protection, the Second Treatise relates that the need for government also
exists to protect life, liberty and property (Locke 71). Lockes lasting
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legacy was his direct influence on Americas founding fathers, who admired
his devotion to a very limited, or small, government.
15. Are the Modern Philosophers So Modern?
16. Machiavelli, Hobbes and Locke were said to be the modern break
with the ancient philosophers of Plato and Aristotle. Indeed, there are several
notable contributions of the modern philosophers. First, all three
philosophers deal with man as he is rational, self-interested and calculating
and not how men ought to be. Second, these modern philosophers are the
first to investigate individualism and consent in political life. Although
Machiavelli speaks less on this subject, Hobbes and Locke explore why
individuals seek government in the first place. This has been called social
contract theory, because citizens submit or consent to be governed out of
their own free will. Lastly, the modern philosophers major impact and
difference from the ancients was their insistence that men were born equal.
This sets the stage for the rise of modern, individualist liberal theory.
17. On the other hand, the modern philosophers shared with the ancient
philosophers more ideas than they are given credit for. Machiavelli, for
example, bridges the divide between ancient and modern. Like Plato,
Machiavelli agreed that some were more suited than others to lead. As
Machiavelli argued, a wise man ought always to follow the paths beaten by
great men (Machiavelli 41). Moreover, Machiavelli noted that only wise
princes which were relatively rare historically could redress the evils and
grievances that arise when governing (Machiavelli 22). Machiavelli also
believes that aspects of governing resemble what Plato called the noble
lie. In The Republic, Plato suggested that the Guardians would defend the
Gods and a class of tales which would serve as the basis for order. It was not
important that these tales where true, so long as they were believed (Plato
62). Similarly, Machiavellis five qualities that made for a good prince
mercy, faithfulness, humanity, religiosity and uprightness were not
necessarily to always be followed. However, it is necessary for the Prince to
appear to have them (Machiavelli 139). Lastly, like Aristotle, Machiavelli
believed that good laws were critical to a well-functioning regime. The
chief foundations of all states, new as well as oldare good laws, wrote
Machiavelli. (Machiavelli 93). Aristotle agrees that good laws can educate
the citizenry and stabilize government (Aristotle 110).
18. Hobbes Leviathan seems to stand in direct opposition to Plato and
Aristotle, particularly his insistence that man is fundamentally selfinterested. As well he presents a bleak state of affairs. But a closer of reading
of Hobbes relays a different picture. In particular, many of Hobbes Laws of
Nature are concerned with aspects of right and wrong and even morality to
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some extent. Hobbes urges those in the state of nature to treat others as they
would like to be treated (Hobbes 214). Hobbes makes clear that man should
not hate one another, or hold contempt of one another (Hobbes 211).
Moreover, Hobbes urges man not to focus on the evil of the past but to look
forward to the greatness of the good to follow (Hobbes 210). Lastly,
Hobbes concern with order and stability was also Platos concern in
constructing the appropriate political community.
19. John Locke also shares with the ancient philosophers several
similarities. First, like Plato, Locke was very conservative in his preference
for stability and order over change (Locke xiii). Locke was against violence
and war. As he noted: People are not so easily got out of their old forms as
some are apt to suggest (Locke xii). Secondly, Lockes suspicion of certain
understandings of liberty is reminiscent of Platos concerns with democracy
(Plato 193). For Locke, liberty is not the ability for one to do whatever they
want, whenever they please, but freedom of men under government to
have a standing rule to live by (Locke 15). Lastly, Lockes concern for
having good laws to prevent unwanted tyranny is similar to Aristotles desire
for good laws. Wherever law ends, tyranny begins if the law be
transgressed to anothers harm (Locke 114).
20. Conclusion
21. Machiavelli, Hobbes and Locke are frequently considered to be the
beginning of modern philosophy, and each mark a shift from the ancient to
more liberal notions of government. Machiavellis The Prince is a handbook
of sorts for accruing and maintaining power. The Prince also is a
straightforward account of mans self-interested, individualist ways. Hobbes
The Leviathan is less an account of how to govern as it is a discussion for
the need of authority and the sovereign. Hobbes discussion of the state of
nature describes a place that is dangerous and full of war. Man desires the
sovereign to escape this world. Lockes discussion of the state of nature is
less grim, and for Locke, government arises to protect not only life, but
liberty and property. Locke also argues against the lawlessness and lack of
consent inherent in tyrannical regimes. Although Machiavelli, Hobbes and
Locke are considered modern philosophers, each share some similarities
with ancient philosophers.
Governments of the Philippines
A.
Pre-colonial
1)
Unit of Government
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1)
Spanish to the Philippines
It was based on the discovery made by Ferdinand Magellan in 1521,
consummated by its conquest by Miguel Lopez de Legaspi for forty-five
years later, and long possession for almost four centuries, until it was
terminated in 1898 when by the treaty of Paris, the Philippines was ceded by
Spain to the United States.
2)
Spanish Colonial Government
From 1565 to 1821, the Philippine was indirect by government of the King
of Spain through Mexico. A basic principle introduced by Spain to the
Philippine was the union of the church and the state.
3)
American Period
1)
The Military Government
The American Military rule in the Philippines begun on April 14, 1898, the
day after the capture of Manila. The existence of war gave the President of
United States of America, as the Commander-in-Chief of all military
governor who exercised as long as the war lasted, all powers of governmentexecutive, legislative, and judicial.
2)
The Civil Government
Pursuant to the so-called Spooner Amendment (on the army appropriation
act passed in the United State Congress on March 3, 1901) which ended the
military regime in the Philippines, the civil government was inaugurate in
Manila on July 4, 1901, headed by the Civil Governor whose position was
created on October 29, 1901.
3)
The Commonwealth of the Government of the Philippines
The next stage in the Political development of the Filipinos was the
establishment of the Commonwealth Government of the Philippines
pursuant to an act o the Commonwealth Government of the Philippines
pursuant to an act of the United State on March 24, 1934.
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D.
1)
The Japanese Military Administration
It was established in Manila on January 3, 1943 lender a proclamation
served by the Japanese high command, the soveregeinty of the United State
over the Philippines was declared terminated.
2)
The Philippines Executive Commission
The military forces of occupation organized a civil government known as the
Philippines executive commission composed of Filipinos with Judges B.
Vargas as Chairman.
3)
The Japanese-Sponsored Republic of the Philippines
On October 14, 1943, the so-called Japanese-Sponsored Republic of the
Philippines was inaugurated with Jose P. Laurel as President. August 17,
1945, President Jose P. Laurel Proclaimed the dissolution of the Republic.
E.
Philippine Republic
1)
Marcos
The national problems, however, were much graver than could be solved in
any single term of office. Combining into an explosive force were poverty,
social inequity and rural stagnation, the burden of centuries coupled with
rising expectations, a bounding birthrate and mass-education. The country
at that time was said to have been making only four million pesos a day
while spending six million pesos. Industries had a very slow growth. The
school facilities could not accomodate the increasing number of children.
Diseases continued to spread. Criminality was on the increase. Marcos was
trapped between the entrenched oligarchy, which controlled the Congress
and the firebrands from the Manila student movement in the peasant regions
of Luzon.
As a result of this, Marcos sent out the Army to face the resurgence of armed
Communist activity and the emergence of Maoist urban guerrillas. In August
1971, the write of habeas corpus was suspended.
This worked in the short term, but as soon as it was lifted, radical agitation
started again. By the middle of 1972, nearly the entire media turned dead set
against the Administration and government was beginning to be slowed
down by the intense rivalry between the political parties.
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People Power 2
While EDSA 2, like the EDSA Revolution, was also primarily about moral
rectification - both were expressions of outrage against moral degeneracy the issues at its heart were simply less urgent. Estrada may have been a
heavy drinker and womanizer, and frequent stories of indecent proposals and
all-night drinking sprees at Malacanang may have scandalized the morally
fastidious middle class, but, compared with the former dictator, his sins were
venial. Marcos committed plunder on a grand scale and regularly resorted to
all manners of terror, including the torture and murder of political enemies acts Estrada, in his simple loutishness, would seem incapable of executing.
Constitutionalism General
A.
Constitution
In its broad sense, the term constitution refers to that body of rules and
principles in accordance with which powers of sovereignty are regularly
exercised. As thus defined, its covers both written and unwritten
constitutions.
B.
Part
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1)
As their origin and history:
-Convention or enacted
One, which is enacted by a constituent assembly or granted by a monarch to
his subjects like the constitution in Japan in 1889.
-Cumulative or evolved
Like the English Constitution, one which is a product of growth or a long
period of development originating in customs, traditions, judicial decisions,
etc; rather than form a deliberate and formal enactment.
2)
As their Form:
a.
Written
One which has been given definite written from at a particular time, usually
by a specially constituted authority called a constitutional convention; and
b.
Unwritten
One which is entirely the product of political evolution, consisting largely of
a mass of customs, usages and judicial decisions together with a smaller
body of statutory enactments of a fundamental character, usually bearing
different dates.
3)
As to manner of amending them:
-Rigid or inelastic
One regarded as a document of special sanctify which cannot be amended or
altered except lye some special machinery more cumbrous than the ordinary
legislative process; and
-Flexible or elastic
One which process no higher legal authority than ordinary laws and which
may be altered in he same way as other laws.
C.
Classification
1)
a.
Brief
Because of a constitution is two detailed, it would lose the advantage of a
fundamental law, which in a few processions outlines. The structure of the
government of the whole state and the rights of the citizens.
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b.
Broad
Because a statement of the powers and functions of government, and of the
relations between the governing body and the governed, that it be as
comprehensive as possible.
c.
Definite
Because otherwise the application of its application of its provisions to
concrete situation may prove, underlay difficult if not possible.
2)
a.
That dealing with framework of government and its powers, defining
the electorate.
b.
That setting forth the fundamental rights of the people and imposing
certain limitations on the powers of the government as a means of recurring
the enjoyment of these rights.
c.
That pointing out the mode procedure for amending or revising the
constitution
3)
Purpose
a.
Serves as the Supreme of Fundamental law
A constitution is the charter creating the government. It has the status of a
supreme or fundamental law as it speaks for the entire people from whom it
devices its claim to obedience.
b. Establishes basic framework and underlying principles of Government.
The purpose of a constitution is to prescribe the permanent framework
of the system of government and to assign to the different departments or
branches, their respective powers and duties, and to established certain basic
principles on which government is founded.
History
- Malolos Constitution
- 1935 Constitution
- 1973 Constitution
- 1987 Constitution
4)
Amending
51
1.
2.
3.
4.
5.
6.
7.
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b.
The deletion, however, of the words by historic right or legal title is
not to be construed as precluding future claims by the Philippines to areas
over which it does not actually exercise sovereignity.
5.
Manifestation of Republicanism
a.
The existence of a bill of rights (Art. III.);
b.
The observance of the rule of the majority (Introduction-E.);
c.
the observance of the principle that ours is a government of laws and
not of men (Ibid.),
d.
The presence of elections through popular will (Art. V.);
e.
The observance of the principle of separation of powers and the
system of checks and balances (see Art. VI, Sec.1);
f.
The observance of the principle that the legislature cannot pass
irrepealable laws (see Art. VI, Sec 26);
g.
The observance of the law on public officers (Art. XI.); and
h.
The observance of the principle that the State cannot be sued without
its consent. (Art. XVI, Sec. 3.)
6.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
State Policies
Foreign policy of the Philippines
Freedom from nuclear weapons policy
Just and dynamic social order
Social justice
Human dignity and human rights
Strengthening the family as a basic autonomous social institution
Right to life of the unborn from conception and of the mother
Role of the youth in nation-building
Role of women in nation-building
Right of the people to health
Right of the people to a balanced and healthful ecology
Priority to education, science and technology, arts and sports
Labor as a primary social economic force
Self-reliant and independent national economy
Role of the private school sector in the economy
I. Preliminary Concept
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b. Federal
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5. Military
Administration of occupied territory by an occupying power,
including the exercise of executive, legislative, and judicial
authority. In international law, territory is considered occupied
when it is actually under the authority of hostile armed forces. The
necessity for military government arises from the failure or
inability of the legitimate government
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60
61
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Each barangay was ruled by a chief called datu in some places, and
rajah, sultan or hadji in others.
3) Social Classes in the barangay
The people of the barangay were divided into four classes namely:
the novelty (maharlika), to which the datu belonged, the freemen
(timawa), the serf (aliping namamahay), and the slaves (aliping
sagigilid).
4) Early laws
The early Filipinos had both written and unwritten laws. The
written laws were promulgated by the datus. The unwritten laws
consisted of customs and traditions which had been passed down
from generation.
5) Comparison with other Government
It can be said that the laws of the barangay were generally basic.
The system of government, although defective was not so bad
considering the condition in other lands in the age during which it
flourished.
B. Government During the Spanish Period
1) Spanish to the Philippines
It was based on the discovery made by Ferdinand Magellan in
1521, consummated by its conquest by Miguel Lopez de Legaspi
for forty-five years later, and long possession for almost four
centuries, until it was terminated in 1898 when by the treaty of
Paris, the Philippines was ceded by Spain to the United States.
2) Spanish Colonial Government
From 1565 to 1821, the Philippine was indirect by government of
the King of Spain through Mexico. A basic principle introduced by
Spain to the Philippine was the union of the church and the state.
3) Government in the Philippines Unitary
The government, which Spain established in the Philippines, was
centralized in structure and national scope.
4) The Governor-General
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This worked in the short term, but as soon as it was lifted, radical
agitation started again. By the middle of 1972, nearly the entire
media turned dead set against the Administration and government
was beginning to be slowed down by the intense rivalry between
the political parties.
The economic effects of this paralysis of government were made
worse by great floods which in the Luzon plain ruined much of
agriculture, infrastructure and industry. The people wallowed
deeper in cynicism and despair. In Manila, crime, pornography and
violence drove citizens from the streets. Invoking the last
constitutional defense of the state, President Ferdinand E. Marcos
declared martial law on September 21, 1972.
2) 1987 People Power 1 Revolution
MANILA - The EDSA Revolution of 1986 - known throughout the
world as "People Power" - did more than end 20 years of Marcos
rule. It seemingly cured a nation that had, along with the Marcoses,
slipped into decadence, and it had done so without violence,
through a collective act of conscience. The spirit of renewal, of
restored national dignity, and of possibility radiated outwards,
inspiring pro-democracy movements from Poland to South Korea.
Corazon Aquino declared, as if surprised by the conviction the
revolution had instilled in her, "It is true: the Filipino is brave, the
Filipino is honorable, the Filipino is great."
3) People Power 2
While EDSA 2, like the EDSA Revolution, was also primarily
about moral rectification - both were expressions of outrage
against moral degeneracy - the issues at its heart were simply less
urgent. Estrada may have been a heavy drinker and womanizer,
and frequent stories of indecent proposals and all-night drinking
sprees at Malacanang may have scandalized the morally fastidious
middle class, but, compared with the former dictator, his sins were
venial. Marcos committed plunder on a grand scale and regularly
resorted to all manners of terror, including the torture and murder
of political enemies - acts Estrada, in his simple loutishness, would
seem incapable of executing.
Constitutionalism General
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A. Constitution
In its broad sense, the term constitution refers to that body of
rules and principles in accordance with which powers of
sovereignty are regularly exercised. As thus defined, its covers
both written and unwritten constitutions.
B. Part
1) As their origin and history:
-Convention or enacted
One, which is enacted by a constituent assembly or granted by a
monarch to his subjects like the constitution in Japan in 1889.
-Cumulative or evolved
Like the English Constitution, one which is a product of growth or
a long period of development originating in customs, traditions,
judicial decisions, etc; rather than form a deliberate and formal
enactment.
2) As their Form:
a. Written
One which has been given definite written from at a particular
time, usually by a specially constituted authority called a
constitutional convention; and
b. Unwritten
One which is entirely the product of political evolution, consisting
largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a
fundamental character, usually bearing different dates.
3) As to manner of amending them:
-Rigid or inelastic
One regarded as a document of special sanctify which cannot be
amended or altered except lye some special machinery more
cumbrous than the ordinary legislative process; and
-Flexible or elastic
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It is part of the sea extending 12 nautical miles (19kms) from lowwatermarks. It is also called the marginal sea the marginal belt
on the marine belt
2. Seabed or Sea cost
This refers to the land that holds the sea, lying beyond the
seashore, including mineral and natural recourses.
3. Archipelago
The term archipelago is derived from the Greek word pelagos
means sea. It has been defined as a sea or part of the sea studded
with islands, often spurious with island groups or as a large group
of islands in an extensive body of water, such as sea.
4. Archipelago Doctrine
a. the phrase all the other territories belonging to the Philippines
by historic right or legal title in the former provision was
amended as indicated above.
b. The deletion, however, of the words by historic right or legal
title is not to be construed as precluding future claims by the
Philippines to areas over which it does not actually exercise
sovereignity.
5. Manifestation of Republicanism
a. The existence of a bill of rights (Art. III.);
b. The observance of the rule of the majority (Introduction-E.);
c. the observance of the principle that ours is a government of
laws and not of men (Ibid.),
d. The presence of elections through popular will (Art. V.);
e. The observance of the principle of separation of powers and the
system of checks and balances (see Art. VI, Sec.1);
f. The observance of the principle that the legislature cannot pass
irrepealable laws (see Art. VI, Sec 26);
g. The observance of the law on public officers (Art. XI.); and
h. The observance of the principle that the State cannot be sued
without its consent. (Art. XVI, Sec. 3.)
6. State Policies
a. Foreign policy of the Philippines
b. Freedom from nuclear weapons policy
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