POLITICS and GOVERNANCE with PHILIPPINE CONSTITUTION

1. POLITICAL SCIENCE

1. POLITICS – the art and science of influencing people

1. “Man by nature is a political animal” - Aristotle

2. POLITICAL SCIENCE – the systematic study of the state and government

1. PLATO – the father of Political Science

3. METHODS OF POLITICAL SCIENCE:

1. EXPERIMENTAL METHOD – is used in passing a law. First, in order to see its effectiveness, a law is enforced upon a certain society with a limited population, then eventually to a bigger society. Once its effectiveness is proven, it will be applied to the state.
2. HISTORICAL METHOD – a method used to trace the origin and development of political institutions, practices, and even political problems.
3. COMPARATIVE METHOD – a method in which the student of political phenomena considers and studies different institutions and practices existing and those which have existed in the past to reach general conclusions by selection, comparison and elimination.
4. ANALYTICAL METHOD – a method which dissects a political institution into its different parts and makes a detailed study of each, showing their interrelation.
5. PSYCHOLOGICAL METHOD – a method which studies why a certain political movements, actions, or other political phenomena of politics came about.
6. JURIDICAL METHOD – a method which treats society as a purely juridical regime, an ensemble of public law, rights, and obligations, founded on a system of pure logic and reason.
7. PHILOSOPHIC OR IDEAL METHOD – in this method, one builds up his ideal of political institutions, methods, or practices.
8. SOCIOLOGICAL METHOD – a method which treats the state as a social organism composed of individuals.
9. BIOLOGICAL METHOD – a method which draws analogies between the state and a living organism.
10. SCIENTIFIC METHOD – a method which applies the scientific method to solve and give light to political phenomena, movements, or actions.

4. POLITICAL SCIENCE AND OTHER FIELDS OF STUDIES:

1. POLITICAL SCIENCE and HISTORY

1. The political scientist frequently adopts a historical approach and employs knowledge of the past when he seeks to interpret present and probable developments in political phenomena.

2. POLITICAL SCIENCE and ECONOMICS

1. Both fields are jointly concerned with the fact that economic conditions affect the organization, development, and activities of states. The political scientist adopts economic approach to interpret such matters as public financial policies and government regulation of business.

3. POLITICAL SCIENCE and GEOGRAPHY

1. The political scientist must know geography in order to explain the influences of physical factors such as population, pressure, source of raw materials, upon domestic and foreign politics.

4. POLITICAL SCIENCE and SOCIOLOGY

1. Both are deeply concerned with the origins and nature of social control, and governmental authority, with the abiding influences of race and culture upon society.

5. POLITICAL SCIENCE and PSYCHOLOGY

1. Both are promoting the study of the mental and emotional processes motivating the political behavior of individuals and groups.

6. POLITICAL SCIENCE and PHILOSOPHY

1. The concepts of Philosophers are the underlying forces in the framing of constitutions and laws.

7. POLITICAL SCIENCE and STATISTICS and LOGIC

1. Political scientist must involve a proper application of statistical procedures for the quantitative measurement of social phenomena and of logical procedures for the analysis of reasoning.

8. POLITICAL SCIENCE and JURISPRUDENCE

1. Law and state are inseparable. Thus, a comprehension of the nature of law and statutes enacted by the legislatures are indispensable to the political theorist. 

9. POLITICAL SCIENCE and RELIGION

1. Religion and state are inseparable. Thus, in establishing a state and framing a constitution, the political scientist must carefully apply the principles written in the Bible, or other books regarded as holy.

10. POLITICAL SCIENCE and ETHICS

1. Political scientist considers ethics when he contemplates the moral background of proposed changes in social legislation.

2. THE STATE

1. A STATE is a community of persons more or less numerous, permanently occupying a definite proportion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control.

1. The state is a political concept, while nation is an ethnic concept.
2. The government is only the agency through which the state articulates its will. The former is the agent, the latter is the principal. 

2. ELEMENTS OF A STATE:

1. PEOPLE 

1. This refers to the inhabitants living within the state.

2. TERRITORY

1. It refers to the domain of the state which includes the terrestrial, fluvial, maritime and aerial.

3. GOVERNMENT

1. This refers to the agency through which the will of the state is formulated, expressed and carried out.
2. From the word “gubernaculum” (rudder) or “gubernare” (to steer, to direct, or to control)

4. SOVEREIGNTY

1. The supreme power of the state to enforce and command obedience to its will from people within its jurisdiction and to have freedom from foreign control.
2. Internal Sovereignty – the power of the state to rule within its territory.
3. External Sovereignty (Independence) – the freedom of the state to carry out its activities without subjection to or control by other states.

3. ORIGIN OF STATES

1. DIVINE RIGHT THEORY 

1. It holds that the state is of divine creation and the ruler is ordained by God to govern the people.

2. NECESSITY or FORCE THEORY

1. It maintains that states must have been created through force, by some great warriors who imposed their will upon the weak.

3. PATERNALISTIC THEORY

1. It attributes the origin of the states to the enlargement of the family (family – clan – tribe – nation – state) which remained under the authority of the father or mother.

4. SOCIAL CONTRACT THEORY

1. It asserts that early states must have been formed by deliberate and voluntary compact among the people to form a society and organize government for their common good.

5. EVOLUTION THEORY

1. It asserts that states evolved after the passing of time…

3. UNITED NATIONS

1. UNITED NATIONS – an international organization of states which replaced the League of Nations.

1. AIMS:

1. To promote and facilitate cooperation in international law
2. To promote international security
3. To promote economic development and social progress
4. To promote and facilitate human rights, civil rights, civil liberties, political freedom, and democracy.
5. To promote and facilitate international peace

2. ORGANS OF THE UN:

1. GENERAL ASSEMBLY – deliberative body of UN where problems are discussed.
2. SECURITY COUNCIL – responsible for the maintenance of the international peace and security; has the veto power.
3. INTERNATIONAL COURT OF JUSTICE – universal court
4. SECRETARIAT – administrative organ of the UN headed by the Secretary General. It supports the other organ of the UN in the organization of conferences, writing reports, and preparation of budget plan.
5. ECONOMIC AND SOCIAL COUNCIL – responsible for the cooperation between states on economic and social fields; promotes human rights, culture and education.
6. TRUSTEESHIP COUNCIL – was originally designed to manage colonial possessions that were earlier League of Nations mandate. However, this organ is now inactive since the last territory Palau has already attained independence in 1994.

3. There are 193 member-states of the UN at present.
4. It was organized on October 24, 1945
5. Ban Ki-Moon is the current Secretary General.
6. Its headquarters is located in New York City.

4. THE RECOGNITION OF STATES

1. THE FAMILY OF NATIONS – every recognized states of today is a member of family of nations

1. De jure – one constituted or founded in accordance with the existing constitution of the state; one that is recognized as a state.
2. De facto – one that is not so constituted but has the general support of the people and control of the territory over which it exercises its power.

2. RECOGNITION OF THE STATE – the act which gives to a state international status.

1. Importance: Without recognition of the state, a new state is not entitled to the advantages nor liable to the obligations of membership in the family of nations. It cannot claim the right of equality, the right of independence, the right of intercourse, etc.,

5. GENERAL RIGHTS AND OBLIGATIONS OF STATE

1. THE RIGHT OF INDEPENDENCE

1. THE RIGHT OF INDEPENDENCE – the right of a state to manage all its affairs, whether internal or external, without control from other states.

1. Independence does not necessarily mean isolation or non-relationship with other states. There can be the right of independence in a condition of interdependence as no state can live by itself alone.

2. INTERVENTION – this takes place when a state interferes in the relations of two other states, without the consent of both or either of them.
3. MEDIATION – there is mediation when a third power participates in the adjustment of the difference at the request of the parties to the dispute without any promise on their part to accept the terms suggested or any intention on its part to force them to do so.
4. ARBITRATION – this takes place when contestants agree to refer the dispute to an independent tribunal and consent beforehand to abide by its award, though it possesses no power to compel obedience to its decisions.

2. THE RIGHT OF EQUALITY

1. THE RIGHT OF EQUALITY – it simply means that all the members of the family of nations, regardless of their size, population, form of government, wealth, and origin are legally equal; that all are regarded as having similar privileges, immunities, and duties under international law.

1. The right of equality extends to the legal status only. For instance, in conferences, every nation is entitled to a one vote only; and in signing a document, each state is entitled a first place in the list of signatures.

3. THE RIGHT OF PROPERTY AND DOMAIN

1. THE RIGHT OF PROPERTY AND DOMAIN – the right of a state to hold and acquire in absolute ownership territorial and non-territorial possessions.

1. Territorial possessions refer to the terrestrial, fluvial, and aerial domains.
2. Non-territorial possessions consist of public buildings, fortifications, palaces, museums, arsenals, arms, ammunitions and reservations, official residences of its diplomats, and public vessels.

2. ACQUISITION OF TERRITORY

1. BY DISCOVERY AND OCCUPATION – a mere fact of discovery by the agents of the state gave title to the state over new territory. However, the title is only an inchoate title (temporary) that can be turned into a real title by occupation.
2. BY PRESCRIPTION – arises out of a long continued possession, where no original source of propriety right can be shown to exist, or where possession in the first being wrongful, the legitimate owner has neglected to assert his rights, or has been unable to do so.
3. BY ACCRETION – the increase or the extension of the boundaries, or the acquisition of land of the state or of a person by the operation of natural or artificial physical means.

• Accretion by alluvium – gradual
• Accretion by erosion - sudden

4. BY CONQUEST – there is a long occupation of the territory with the intent to continue the possession for an indefinite period and where there has not been a material, continued effort on the part of the opposing state to regain possession.
5. BY CESSION – the territory may be ceded as a gift, in consideration of a purchase price, or in exchange for another territory, as a result of war, or upon the petition of the inhabitants.

4. THE RIGHT OF JURISDICTION

1. THE RIGHT OF JURISDICTION – the right to exercise authority over all persons and things within its boundaries and, conditioned by the rights of other states, over its subjects and property beyond them.
2. CLASSIFICATIONS OF JURISDICTION:

1. Jurisdiction over land and property
2. Maritime and fluvial jurisdiction
3. Aerial Jurisdiction
4. Jurisdiction over persons

3. EXTRADITION – the delivery by a state of a person accused or convicted of a crime to another state within whose territory or jurisdiction, actual or constructive, it was committed and which asks for his surrender with a view to execute justice.

1. No state is obliged to surrender a fugitive from justice in the absence of extradition treaty.
2. The crime must have been committed within the jurisdiction of the demanding state.
3. There must be sufficient evidence before one is extradited.
4. The application for extradition must be from the proper authority and in the proper form.
5. The person extradited can be tried in the courts of the demanding state for the offenses with which he has been charged in the proceedings for extradition.
6. If he has been exonerated from the charge, he cannot be tried for another offense committed previous to extradition until a reasonable time and opportunity have been given him after his release or trial upon such charge, to return to the country from which he had been taken.
7. Where the fugitive is not a citizen of the demanding state or of the state of asylum, it is customary for the surrendering state first to ask for the assent of the home state.
8. Generally, in extradition treaties, offenses against religious laws and political offenses are not included among the extraditable offenses.

5. THE RIGHT OF INTERCOURSE

1. THE RIGHT OF INTERCOURSE – the right of a state to deal with other states. 
2. THE AGENTS OF INTERNATIONAL INTERCOURSE:

1. Diplomatic Agents are the representatives which sovereign states send to the courts of one another, to look after their interests.

• Ambassadors, legates, nuncios
• Envoys, ministers
• Ministers resident
• Charges d’affaires

2. Diplomatic privileges:

• Inviolability - incapable of being transgressed or dishonored
• Exemption of person from criminal and civil jurisdiction – free from arrest, prosecution, and punishment for violation of criminal law.
• Immunity of residence from local jurisdiction – diplomatic officer’s residence cannot be entered without his consent.
• Jurisdiction within his residence – he has the right to arrest and send home a member of his suite...
• Precedence, ceremonial prerogatives, according to rank 

3. Consuls are official agents sent by a state to foreign ports and cities, mainly for the purpose of watching over and promoting the commercial and industrial interests of the appointing state and its citizens or subjects, and of protecting its nationals traveling or residing in these regions.
4. Privileges of consular officers:

• Inviolability of office and archives
• Immunity from military service or burdens
• Exemption from arrest except on criminal charge
• Exemption from taxation if solely engaged in consular business
• Exemption from witness duty, though testimony may be taken by deposition or when instructed by the home government
• Privilege of placing the arms of their state above the outer door, and of flying the national flag above the consulate or above a vessel when engaged in the discharge of official port duties.
• In some of the eastern states, special privileges similar to those accorded to diplomatic representatives.

6. FORMS OF GOVERNMENT:

1. AS TO NUMBER OF PERSONS EXERCISING SOVEREIGN POWERS:

1. MONARCHY – one in which the supreme and final authority is in the hands of a single person without regard to the source of his election or the nature or duration of his tenure.

1. ABSOLUTE MONARCHY – one in which the ruler rules by divine right.
2. LIMITED MONARCHY – one in which the ruler rules in accordance with a constitution.

2. ARISTOCRACY or OLIGARCHY – one in which political power is exercised by a few privileged class regarded as the best people in the society.
3. DEMOCRACY - one in which political power is exercised by a majority of the people.

1. DIRECT or PURE DEMOCRACY – one in which the will of the state is formulated and expressed immediately and directly through the people in a mass meeting or assembly.
2. INDIRECT, REPRESENTATIVE, or REPUBLICAN DEMOCRACY – one in which the will of the state is formulated and expressed through the representatives chosen by the people.

2. AS TO EXTENT OF POWERS EXERCISED BY THE CENTRAL or NATIONAL GOVERNMENT:

1. UNITARY GOVERNMENT – one in which the control of national and local affairs is exercised by the central or national government.
2. FEDERAL GOVERNMENT – one in which the powers of the government are divided into two organs, one for the national affairs and the other for local affairs, each organ being supreme within its own sphere.

3. AS TO RELATIONSHIP BETWEEN THE EXECUTIVE AND THE LEGISLATIVE BRANCHES OF THE GOVERNMENT:

1. PARLIAMENTARY GOVERNMENT – one in which the state the executive and legislative branches of the government are merged and united.

1. ADVANTAGES:

• The government is unified
• Prime minister is expected to work hard to maintain his position
• It is easier to remove from office any ineffective officials

2. DISADVANTAGE:

• It can lead to tyranny

2. PRESIDENTIAL GOVERNMENT – one in which the state make the executive constitutionally independent of the legislature, as regards his tenure, acts and policies.

1. ADVANTAGES:

• The head of the state is directly elected by the people.
• There is check and balance
• The President has enough time for the completion of substantial projects.

2. DISADVANTAGE:

• Very slow in passing a law

4. The Philippine government is a representative democracy, a unitary and presidential government with separation of powers.

7. CONSTITUTION

1. CONSTITUTION refers to the body of rules and principles in accordance with which the power of sovereignty are regularly exercised.

2. KINDS OF CONSTITUTION:

1. AS TO THEIR ORIGIN AND HISTORY:

1. CONVENTIONAL or ENACTED – one which is enacted by a constituent assembly or granted by a monarch.
2. CUMULATIVE or EVOLVED – one which is a product of growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

2. AS TO THEIR FORM:

1. WRITTEN – one which has been given definite written form at a particular time, usually by a specially constituted authority called a constitutional convention.
2. UNWRITTEN – one which is entirely the product of a political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of a statutory enactments of a fundamental character, usually bearing different dates.

3. AS TO MANNER OF AMMENDING THEM

1. RIGID or INELASTIC – one regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process.
2. FLEXIBLE or ELASTIC – one which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws.

3. The Philippine Constitution may be classified as conventional or enacted, written, and rigid or inelastic.
4. CONSTITUTION OF THE PHILIPPINES:

1. 1899 MALOLOS COSTITUTION (The first constitution in Asia)

1. Framing: By the third decree of the Revolutionary government of Gen. Emilio Aguinaldo on June 23, 1898, 92 members were appointed and elected as framers of the Constitution, with Pedro A. Paterno as its president.
2. Ratification: Ratification happened on January 21, 1899.
3. Legislative Chamber: Unicameral (the legislative chamber is composed of only one house)
4. Forms of Government: Presidential but the President is to be elected by the Congress.
5. Highlights: The separation of church and state; legislature supreme over the executive and the judiciary

2. 1935 CONSTITUTION

1. Framing: Approval on March 24, 1934 by Pres. Franklin D. Roosevelt of the Tydings-McDuffie Law, otherwise known as the Philippine Independence Act, authorizing the Philippine Legislature to call a Constitutional Convention to draft a Constitution for the Philippines. There were 202 elected members of the Constitutional Convention headed by Claro M. Recto. 
2. Ratification: Ratification happened on May 14, 1935 by the Filipino electorate.
3. Limitations and Conditions: Tydings-McDuffie Law – It enjoined that the Constitution to be drafted should be republican in form, should include Bill of Rights, and should contain certain provisions intended to define the relations of the Philippines and the United States (known as Parity Ammendment).
4. Legislative Chamber: Bicameral (the legislative chamber is composed of two houses, that is the House of Senate and House of Representative)
5. Forms of Government: Presidential under two stages: Commonwealth and Republic
6. Highlights: Provision of Land Reform and Bill of Rights; The right of suffrage to Filipino women was granted under this constitution; The creation of Commission on Election.

3. 1973 CONSTITUTION (A very unusual Constitution)

1. Framing: Congress in joint session on March 16, 1967 passed Resolution of Both Houses No. 2 authorizing the holding of a Constitutional Convention in 1971. There were 320 elected members of the Constitutional Convention, headed by Diosdado Macapagal, and were elected on November 10, 1972. The proposed Constitution was signed on November 30, 1972.
2. Ratification: The President of the Philippines, through Proclamation No. 1102 in January 17, 1973, certified and proclaimed that the Constitution proposed by the 1971 Constitutional Convention had been ratified by the Filipino People ( through the Citizens’ Assemblies under P.D. No. 86-A) and had thereby come into effect.
3. Legislative Chamber: Unicameral
4. Forms of Government: Modified Parliamentary
5. Highlights: Removed the literacy as a requirement to vote; The President has law making powers

4. 1987 COSTITUTION

1. Framing: Drafted by the Constitutional Commission created under Article V of Proclamation No. 3 issued on March 25, 1986, under which the Constitutional Commission “shall be composed of not more than 50 national, regional, and sectoral representatives who shall be appointed by the President.” As constituted, the Commission was composed only of forty-eight members, that is forty-two men and six women, and Cecilia Muῆoz Palma as the President.
2. Ratification: It was ratified by the people in the plebiscite held on February 2, 1987. 
3. Legislative Chamber: Bicameral 
4. Forms of Government: Presidential
5. Highlights: Removed the mandatory registration and voting; The creation of Human Rights Commission; Provided for CAR and ARMM; Limited the powers of the President to declare Martial Law and suspend the privilege of writ of Habeas Corpus without the concurrence of the Congress

5. AMMENDMENTS OR REVISIONS (ARTICLE XVII):

1. DEFINITION:

1. AMMENDMENT – change affected in some parts or specific provisions of the Constitution without considering the whole document.
2. REVISION – rewriting or substantially changing in the Constitution viewed in its entirety.
3. Both denote a change.

2. METHODS BY WHICH AMMENDMENTS MAY BE PROPOSED:

1. By Congress, as a constituent assembly, upon a vote of three-fourths of all its members, voting separately (Art. XVII sec. 1a).
2. By a Constitutional Convention called for the purpose (Art. XVII sec. 1b).

• Constitutional convention is a body assembled for the express purpose of framing a Constitution, or revising the existing Constitution, or formulating amendments to it for the approval of the electorate.
• Congress by two-thirds of all its members may call a constitutional convention.
• Congress by a majority vote of all its members may toss the question to call a constitutional convention to the electorate in an election.

3. By the People directly, through initiative upon petition of the required number of registered voters (Art. XVII sec. 2).

• Requirements: 12 percent of the total registered voters
• 3 percent of registered voters from every legislative district
• Not after 5 years following the ratification of the constitution

3. The Plebiscite must be held not earlier than 60 days nor later than 90 days after the approval of such amendment or revision or certification of the Commission on Elections… This is to provide adequate time for the voters to intelligently consider and study the proposed change or revision.

6. TRANSITORY PROVISIONS (ARTICLE XVIII):

1. TRANSITORY PROVISIONS of a Constitution are schedules and ordinances forming part of, or appended to, a constitution to provide for the transition from the old government to the new and put provisions of the new Constitution into effect, or to qualify, restrict or limit some permanent provisions for a limited period.
2. The first elections of Members of the Congress under this Constitution shall be held on the second Monday of May, 1987. (Section 1) They shall serve for five years until June 30 1992.
3. The election of local officials was held on January 18, 1988 and shall serve until June 30 1992.
4. Section 2. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the elections in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years.

5. The first regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of May, 1992. (Section 5)