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PRELIMINARIES

THE STUDY OF POLITICAL SCIENCE


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.
Why Study Political Science?

There are several reasons why we should study political science,


they are:
1.Business of Everyone. Our present generation is now the age of
politics in which government has become business of everyone.
From the time we are born to the time we die, we are all part of
the government. Our birth, marriage, children, residence,
school, licensure examination, and even death must be
registered with the government.
Why Study Political Science?

2.Educate Student for Citizenship. Political science equips them


with knowledge about their rights, duties and obligations in a
democratic milieu. Intelligent and responsible citizen makes a
democratic nation strong and stable. Ignorance of the civic right,
duties and obligations weakens the national foundation and causes
its collapse.
Why Study Political Science?

3. Gain Knowledge and Understanding of


Government-- the good citizen knows how his
government operates, what his rights and obligations are, who
his elected representatives are, and what they stand for.
4. Broadens Mans Cultural Background it is not enough to know
about social, natural and other sciences, we must also know
something functions of state, law, justice system, local
government, public finance and even international relations,
etc.
Activity no. 4 = Group Dynamics
Procedure:
1. Divide the class into small groups. Assign a discussion leader
and a secretary. Let all members of the group share their
responses. The secretary summarizes the responses.
2. The discussion leader will share to the plenary the groups
consensus.
3. The facilitator makes a synthesis of each groups report,
integrates this and uses it as motivation.
Activity no. 4 = Group Dynamics
Finally, ask the students to reflect and answer the following
questions:
1. How come political science becomes business to everyone?
2. What do you do for the government and what the government
do for you?
3. How do you perceive the Philippine political system? and
4. What do you know about your government and the laws?
The Scope of Political Science

The scope of political science means the categories or


specialized fields included in its study and usually divided
into the following topics:
1. Political Theory
history of political ideas
political theory and methodology
The Scope of Political Science

2. Political Institutions
the constitution
national government (executive, legislative and judiciary)
local government
public administration
comparative political institutions
The Scope of Political Science

3. Parties, Groups and Public Opinion


political parties and election
pressure groups and associations
public opinion
4. International Relations
international politics
international organizations
international law
Relationship of Political Science to
other Disciplines
Political Science and History --- The bond between
the political scientist and historian is obvious in the
observation that history is past politics and
politics presents history.
The political scientist frequently adopts a historical
approach and employs knowledge of the past when
he seeks to interpret present and probable
development in political phenomena. (E.g. The
centralization of government in the Philippines, can
be traced back to the barangay government in pre-Spanish
where all powers of government were centered on the local
executive, the Datu).
Relationship of Political Science to
other Disciplines
Political Science and Economics --- Economics is a study of
the production, distribution, conservation and consumption
of resources. It is in this essence, that political science
receives energy from economics.
By employing economic approach, a student of political
science gains an insight into economic conditions of the
state.
Relationship of Political Science to
other Disciplines
Also, political scientist regularly adopts an economic
approach when seeking to interpret matters related to
public financial policies, and government regulation of
business.
Relationship of Political Science to
other Disciplines

Psychology is a study of human and


animal behavior. The study of
political behavior of man is an
example of how political science
used psychology in their theories
about politics.
Relationship of Political Science to
other Disciplines
Political Science and Accountancy --- Accountancy is the
discipline which ensures that public revenues are lawfully,
effectively, efficiently, and economically spent through proper
auditing procedures and due diligence.
Political science ensures that public resources including
billions of tax revenues are spent to satisfy public interests and
public welfare. Political science decides how much budget is
needed to finance a local, regional or national development
program. Accountancy ensures that the budget does not end
into private pockets and private accounts.
Relationship of Political Science to
other Disciplines
Political Science and Sociology --- Society is the life of
sociology. Demographics like population growth rates,
mortality, fertility, employment and unemployment life
expectance and the likes are necessary requisites for
politicians and policy makers to formulate quality
legislation.
B. Concepts of State and Government
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:
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 Peoples 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:
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:
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:
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:
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:
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 mans
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
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 rights nor The Self-Executing Provisions
impose obligations. Their They are complete and operative
mandate can only be realized by without the aid of supplementary
the enactment of laws. They are or enabling legislations.
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
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
Continuation
Effects of the Declaration of
Unconstitutionality
Orthodox View Modern View
Under this view, an Under this view, the court will
unconstitutional act is not a law, simply refuse to recognize the law as
it is inoperative, as if it has not if it had no existence.
been passed. In sum, the effect of declaring a law
The declaration of unconstitutional is prospective rather
unconstitutionality by the court than retroactive.
of law is given 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
Continuation
_______________________________
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
individuals 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 peoples 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