Political Science & Government

(SOC. SCI. 3)

Course DescriptionThis is a study of the basic concepts of political science (i.e., power, state,

government, ideology, nation and political forces), the type of political systems and the processes of development. The principles and concepts of political sciences especially as they apply to the Philippines, the historical development of political institutions from pre-Spanish times to the present with special emphasis on the new constitution.

Course RationaleThis course deals with the study of the Philippine Government the

principles and policies of the state, the political and civil rights of an individual and as a Filipino, the role of the government in nation-building, study of the three branches of the government and their powers; citizenship; duties and obligations of the citizens.

Course General ObjectiveAt the end of the course, the student are expected to:

State the political and civil rights of individual under the constitution. Identify the role of the government and its leaders in nation building. Understand that knowledge of the fundamental and supreme law helps us in

everyday life. Realize the basic duties and obligations of public officers, resident aliens and

ordinary citizens of the Philippines. Build a solid foundation in studying laws ad policies underlying the Philippine

Constitution. Know the basic principles related to the law itself and serve as a guide in the

enforcement of these laws.

I. Politics and Political Science• Meaning of Politics

• Meaning of Political Science

• Scope of Political Science

• Function and Importance of Political Science

• Interrelationship of Political Science with the Other Branches of Study

Politics DefinitionPolitics is the process of making uniform decisions applying to all

members of a group.

Political Science DefinitionPolitical Science is the systematic of the state and government. The

word “political” is derived from the Greek word polis, meaning a city, or what today would be equivalent of sovereign state. The word “science” comes from the Latin word scire, “to know”.

Scope of Political Science Political Theory - The entire body of doctrines relating to the origin form, from, behavior, and purpose of the state are dealt with in the study of this subject.

Public Law - specialized that separate courses are offered in each of its subdivisions. (a) Organization of governments (b) The limitation upon government authority, (c) The powers and duties of governmental offices and officers, and (d) The obligations of one state to another are handled in the study of a public. Public Administration - In the study of Public Administration, attention is focused upon the method and techniques used in the actual management of state affairs by executive, legislative, and judicial branches of government.

Function and Importance of Political Scienceo The function of political science is to discover the principle that should be adhered to in public affairs and to study the operation of government in order to demonstrate what is good, to criticize what is bad or inefficient, and to suggest improvements.o Its findings and conclusions may be of immense practical to use constitution-makers, legislators, executives, and judges who need models or norms that can be applied to immediate situations.o The study of political science deals also with problems of social welfare, governmental economic programs, international cooperation, and a wide range of other matters that are urgent concern to public officials and to private citizens.

II. State• Meaning of State• Elements of State• Origin of State• State distinguished from nation and government

State DefinitionSome political scientist define the state as group or groups of people,

permanently occupying a definite territory, independent of foreign rule, and having an organized government. An American authority defined the state as a “community of persons, more or less numerous, permanently occupying a definite territory, independent of external control and possessing an organized government to which the great body of inhabitants render habitual obedience”.

According to Cicero, an eminent Roman orator and writer, the state is composed of numerous societies united by a common sense of right and mutual participation of its members.

Elements of Stateo People

The first and most essential elements of a state is people. Without people, there can be no state. A state must have a group of people constituting its membership.

o TerritoryEvery state must have territory. This constitutes all the land and water

within its external boundaries, the sea, within a three-mile limit of its shores, the bays and estuaries and islets bordering its coast.

The world largest state – Union of Soviet Socialist Republics (USSR)The smallest state – Vatican

Elements of Stateo Government

Every state must have a government, a government which is the aggregate of authorities that rule society and must be obeyed by its people. A state cannot exist without a government.

o Sovereignty The fourth element of a state is sovereignty. This is a supreme and

independent power of the state to manage its internal affairs and to be free from external control.

Sovereignty has two features-the internal sovereignty which means the complete power to rule over the people in the state and the external sovereignty which is the freedom from foreign rule.

Origin of Stateo Divine Theory

This is the oldest theory of how the state came into being. This was almost universally accepted in ancient and medieval periods. It postulates that the state is of divine or group of persons. The rulers asserted that their power to govern was derived, not from the people, but lent from God, and therefore, they could govern absolutely and without any accountability to anybody except to God. The supporters of this theory were St. Thomas Aquinas, an Italian Scholastic philosopher and a major theologian of the Roman Catholic Church.

Origin of Stateo Contract Theory

This theory assumed that there was a time when men lived in a “state of nature” without any political organization whatsoever, and the only laws governing their actions were those dictated by the instinct of reason. The theory regards the institution of political authority as the result of contract or covenant among the members of society. This political creed was dominant during the 17th and 18th century. The exponents were John Locke, Thomas Hobbes and Jean-Jacques Rousseau.

Origin of Stateo Natural or Instinctive Theory

The supporters of this theory asserted that the state originated from the natural or instinctive tendencies of men to live in organized society. Perhaps it is in the premise that Aristotle said, “Man is by nature a political animal.” The proponents believed that the political institutions are the result of the instinct of men to bind themselves as social being which are inherent in them. According to Greek philosophers, political power was considered as a “necessity arising from the social life of man existing in and of for itself and as determined by the very nature of things.”

Origin of State o Patriarchal or Matriarchal Theory

This view regards the expansion of the first family to grow by virtue of intermarriages of the children. By natural stages, the family developed into clan, the clan into tribe, and tribe into a nation. The father in the family was recognized as the chief or ruler that governed this institution. The patriarchal theory of government finds support in the ancient Jewish nation made up of the descendants of Jacob, the original first father. It may be assumed that the earliest political organization in the Philippines is said to have been patriarchal in form. In the matriarchal theory, the mother’s supremacy in the family antedate that of marital relationship where a woman maintain many husbands. Thus it was the mother who ruled. According to Professor Gilchrist, “the prevalence of queens in Malabar and the power of the princesses among the Marathas lent support in the matriarchal theory.

Origin of Stateo The Force Theory

This theory asserts that the state is looked upon as a result of man’s inherent desire for self-protection. It can be gleaned from historical accounts that the state had come to exist through sheer force: a man dominating a tribe through brute force and strength: a tribe conquering other tribes to form kingdoms; destroying other kingdoms completely transforms itself into an empire; and kingdoms and empires clash against each other for supremacy.

Distinguish State from Nation and Government

State and GovernmentThe “state” and “government” are two political concepts that should be

distinguished. The state is a politically unified population occupying a specific area of land and possesses an element of permanence. On the other hand, government “is the organization of the state – the machinery through which its purposes are formulated and executed.” The government is “that institution by which an independent society makes and carries out the rules of action which are necessary to enable men to live in social state, or which are imposed upon the people forming that society by those who possess the authority of prescribing them. In short, the government is the aggregate of authorities that rule society. The state is ideal, while the government is the instrument of political unity

Distinguish State from Nation and Government

State and NationThe term “state” is a legal or political concept; while the term nation is a racial or ethical concept. Political writers define “nation” as a group of people united by different bonds; i.e., common racial origin, common culture-art language, religion and common traditions and customs. A nation may or may not constitute a state, but a state may be made up of one or more nations; for an instance, the United States. Furthermore, a nation may occupy two or more states like the Jewish nation. A state composed of several nations is called “poly-national state” and an example of this is the USSR which is composed of 110 nations. When there is only one nation in a state, it is called “mono-national state.” An example of this is the State of Poland which is the Polish Nation.

III. The Constitution• Meaning of Constitution

• Nature and Purpose of Constitution

• Kinds of Constitution

• Preamble

• Advantages and disadvantages of a written constitution

• Requisite of a Good Written Constitution

• Constitution distinguished from Statute

• Authority to Interpret the Constitution

• Basic Principles Underlying the New Constitution

Constitution DefinitionConstitution refers to “that body of rules and principles in accordance

with which the powers of sovereignty are regularly exercised.

Nature and Purpose of Constitutiono Serves as the supreme or fundamental law

A constitution is the character creating the government. It has the status of a supreme or fundamental law as it speaks for the entire people from whom it derives its claim to obedience.

o Establishes basic framework and underlying principles of government The constitution is also referred to as the organic or basic law being or

relating to the law by virtue of which the government exists as such. Its purposes 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 establish certain basic principles on which the government is founded.

Kinds of Constitutiono As to their origin and history: (a) CONVENTIONAL OR ENACTED – One which is enacted by a constituent assembly or granted by a monarch to his subjects like the constitution of Japan in 1889

(b) COMULATIVE OR EVOLVED – Like the English Constitution, one which is a product or growth or a long period of development originating in customs, traditions, judicial decisions, etc.

Kinds of Constitutiono As to their form (a) WRITTEN – One which has been given definite written form at a particular time, usually by a specially constituted called a “constitutional convention”

(b) UNWRITTEN – One which is entirely the product of political evolution, consisting largely of a mass of customs, usage and judicial decisions together with a smaller body of statutory enactments of a fundamental character.

Kinds of Constitutiono As to manner of amending them: (a) RIGID OR INELASTIC – One regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more combos than the ordinary legislative process.

(b) FLEXIBLE OR ELASTIC – One which possesses no higher legal authority that ordinary laws and which may be altered in the same way as other laws.

Advantages and Disadvantages of Written Constitution

It has the advantages of clearness and definiteness over an unwritten one. This is because it is prepared with great care and obligation. Such a constitution cannot be easily bent or twisted by the legislature or by courts, to meet the temporary fancies of the moment.

Its disadvantages lies in the difficulty of its amendment. This prevents the immediate introduction of needed changes and may thereby and may retard the healthy growth and progress of the state.

Requisites of Good Written Constitution

As to form, a good written should be:o BRIEF – because if a constitution is too detailed, it would lose the advantage of a fundamental law which in a few provisions outlines the structure of the government of the whole state and the rights of the citizens.o BROAD – because a statement of the powers and functions of the government, and of the relations between the governing body and the governed, requires that it be as comprehensive as possible.o DEFINITE – because otherwise the application of its provisions to concrete situations may prove unduly difficult if it impossible.

Requisites of Good Written Constitution

As to contents, it should contain at least three sets of provisions:o That dealing with the framework of government and its powers, and defining the electorate. This group of provisions has been called the constitution of government;o That setting forth the fundamental rights of the people and imposing certain limitations on the powers of the government as a means of securing the enjoyment of these right. This group has been referred to as the constitution of liberty;o That pointing out the mode or procedure for amending or revising the constitution. This group has been called the constitution of sovereignty.

Constitution Distinguished From Statute

A constitution is a legislation direct from the people, while a statute is a legislation from the people’s representatives;

A constitution merely states the general framework of the law and the government, while a statute provides the details of the subject of which it teats;

A constitution is indented not merely to meet existing conditions but to govern the future, while statute is intended primarily to meet existing conditions only;

A constitution is the supreme or fundamental law or the State to which statutes and all other laws must conform.

Authority to Interpret the Constitution

Even a private individual may interpret or certain the meaning of particular provisions of the Constitution in order to govern his own actions and guide him in his dealings with other persons.

It is evident, however, that only those charged with official duties, whether executive, legislative, or judicial, and can give authoritative interpretation of the Constitution.

This function primarily belongs to the courts whose final decisions are binding on all departments or organs of the government, including la legislature.

There are, however, constitutional questions (political questions) which under the Constitution are addressed to the discretion of the other departments and, therefore, beyond the power of judiciary to decide.

IV. Law and Government• Law Defined• Source of Law• Law and Ethics• Characteristic of Law and their Scopes• Characteristic of Law as to Form• Kinds of Law and their Scope

Law DefinitionLaw is a system of rules that are enforced through social institutions to

govern behavior.

Sources of Lawo Natural Law - simply referred as to the right reason of human beingso Customs - it is a habitual or traditional practiceso Statutes - are enactments made on a legislative and express in a formal

documento Judicial decision - decision made by the Supreme Courto Constitution - mother of all laws

-fundamental law of the land

Sources of Lawo Executive order and Proclamation - made by the Presidento Codes - are the systematic collection of existing laws of a country relating to a

particular subjecto Treaties - official agreement made by two countrieso Ordinances - formal enactment of cities and municipalities

Law and EthicsThe following statements are intended to clarify the relationship

between law and ethics.

Ethical values and legal principles are usually closely related, but ethical obligations typically exceed legal duties. In some cases, the law mandates unethical conduct.

Law and EthicsETHICS LAWS

• Ethics are rules of conduct. • Laws are rules developed by governments in order to provide balance in society.

• Ethics comes from people’s awareness of what is right and wrong.

• Laws are enforced by governments to its people.

• Ethics are moral codes which every person must conform to.

• Laws are codifications of ethics meant to regulate society.

• Ethics does not carry any punishment to anyone who violates it.

• The law will punish anyone who happens to violate it.

• Ethics comes from within a person’s moral values.

• Laws are made with ethics as a guiding principle.

Characteristic of Law as to Their Scope

Characteristics of law as to its Formo Prescriptive - it is given to all individuals wherein they have the proper

sanction.o Permanent - it is enforceable until repealed.o Uniform - all must be treated equally.

Kinds of Law and Their Scopeo General Law - this applies to all government officials and employee.o Special Law - this applies to a certain class of people.o Local Law - applies to a certain locality.

V. Citizenship and Suffrage• Citizenship

a. Meaning of Citizenship and Citizenb. Kinds of Citizen

• Suffragea. Suffrage defineb. Qualification of votersc. Persons disqualified to vote

Citizenship and Citizen Definitiono Citizenship

Citizenship is a term denoting membership of a citizen in a political society, which membership implies, reciprocally, a duty of allegiance on the part of the member and duty of protection on the part of the state.

o Citizen Citizen is a person having the title of citizenship. He is a member of a

democratic community who enjoys full civil and political right, and is accorded protection inside and outside the territory of the state. Along with other citizens, they compose the political community.

Kinds of Citizen Natural-born citizen – they refer to those:

• who at the moment of their birth are already citizens of the Philippines, and

• do not have to perform any act to acquire his Philippine citizenship. So, a child born of Filipino parents, or a Filipino father, or a Filipino mother after the ratification of the 1973 Constitution on January 17, 1973, is a natural born citizen.

Citizens at the time of the adaption of the new ConstitutionThey refer to those who are considered citizens of the Philippines under

the 1973 constitution at the time of the adaption of the new Constitution.

Kinds of Citizen Citizens through election

They refer to those born of Filipino mothers before January, 17 1973 who, upon reaching the age of majority, elect Philippine citizenship after the ratification of the 1973 Constitution (even prior to the effectivity of the new Constitution on Feb. 2, 1987) pursuant to the provisions of the 1935 Constitution.

Naturalized citizens They refer to those who are originally citizens of another country, but

who, by an intervening act (i.e., naturalization), have required new citizenship in a different country.

Suffrage DefinitionSuffrage is the right and obligation to vote of qualified citizens in the

election of certain national and local officers of the government and in the decision of public questions submitted to the people.

Qualification of Filipino Voters

He must be:◦ a citizen (male or female) of the Philippines;◦ not otherwise disqualified by law;◦ at least eighteen (18) years of age; and◦ have resided in the Philippines for at least one (1) year and in the place he

proposes to vote for at least six (6) months preceding the election.

Person Disqualified to Vote◦ Any person who has been sentenced by final judgment to suffer

imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or granted amnesty. But such person shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;

◦ Any person who has been adjudged by final judgment by contempt court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation, of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law. Such person shall likewise automatically regain his right to vote upon expiration of five years after service of sentence; and

◦ Insane or incompetent persons as declared by competent authority.

VI. Government of the Philippines• Forms of Government

• The Government of the Philippines in Transition: From the Pre-Spanish period to present

• Function of Government

Forms of GovernmentHistory attests that from one period to another, different forms of

government have risen and fallen. These were: (1) Monarchy, (2) Aristocracy and (3) Democracy.

o Monarchy - This is a form of government in which the final authority is in the hand of a single person without regard to the source of his election or the nature or duration of his tenure.

• Types of Monarchy: Absolute Monarchy - in which the ruler rules the divine rights. Constitutional Monarchy - in which the ruler rules in accordance with the

constitution.

Forms of Governmento Aristocracy - This is a form of a government in which a few persons—the aristocrats holding exceptional rank and privileges, especially the hereditary nobility, exercise the political power of the state.o Democracy - This is a form of a government in which the supreme power is vested in the people and exercised directly by them or by their elected delegates or representatives under a free electoral system.

Democratic forms of government are further classified into two types:• Direct or pure democracy and;• Indirect/ Representative democracy

Forms of Government• Direct democracy

Is one in which the will of the state is formulated or expressed directly and immediately through the people in a mass meeting or a primary assembly rather than through the medium of delegates or representative chosen to act for them.In principle, the perfect expression of popular sovereignty.

• Indirect or Representative DemocracyIs one of which the will of the state is formulated and expressed through the agency of a relatively small and select body of a person chosen by the people to act as their representatives.

This type of democracy is common in large states where it is virtually impossible to all citizens to meet together and discuss their problems.

Forms of Government Democracy has qualities and means in order to work effectively. These are:o The Citizens - the citizenry plays a very important role in making democracy functions effectively.o Suffrage and electoral Process - The right to vote and run for public office in an election are basic political rights of every citizen that is enshrined in the constitution.o Political Parties - A political party constitutes a group of person pursuing a common political interest and goals. Some political thinkers consider political parties as driving force of a democracy.o Interest and Pressure Groups - These are informal associations that can be effective means of mobilizing to function consistent with the principle that the government exist to promote the general well-being of every citizen.

Other Forms of Governmento Unitary Government - This is a form of government in which the control of national government and local affair is exercised by the central or national government. No sphere of government action is signed by the Constitution to smaller units of government, such as cities and provinces.o Federal Government - This is a form of government in which the powers of the government are divided between two sets of organs, one for the national affairs and the other, for local affairs, with each organ being supreme within its own political sphere.o Parliamentary Government - This is a form of government in which the sate confers upon the legislature power to terminate the tenure of office of the true or real executive.

Other Forms of Governmento Presidential Government- This is a form of government in which the state makes the executive branch constitutionally independent of the legislature. The members of the cabinet are appointed by the President with the approval of the Commission on Appointments and are responsible to the Chief Executive for their official acts.o Totalitarian Government- Means total control of all phases of the people’s lives. While the people seemingly enjoy certain civil rights extended to them as a promise, the people actually have no rights. People exist for the state. Fascism, Nazism and Communism are examples of totalitarian government.

The Government of the Philippines in Transition: From the Pre-Spanish to Present

Prior to the arrival of the Spaniard, the Philippines was composed of settlements or villages, each called Barangay, and named after balangay, a Malayan word meaning “boat”.

Every Barangay was virtually a state, for it possessed the four basic elements of statehood. At times, however, some barangays joined together as “confederations” mainly for the purpose of mutual protect against common enemies.

The Government of the Philippines in Transition: From the Pre-Spanish to Present

Each barangay was ruled by a chief called datu in some places, and rajah, sultan or hadji in others. He was its chief executive, law giver, chief judge and military head. In the performance of his duties, however, he was assisted by a council of elders (maginoos) which served as his advertisers.

In form, the barangay was Monarchy with the wealth, or physical prowess. The people of the barangay were divided into four classes, namely: the nobility (maharlika), to which the datu belonged, the freemen (timawa), the serfs (aliping namamahay), and the slaves (aliping sagigilid). These are the social classes’ barangay.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento Early Laws

The early Filipinos had both written and unwritten laws. The written laws were promulgated by the datus. The tow known written codes in the pre-Spanish era are the “Maragtas Code” which was said to have been written about 1250 A.D by Datu Sumakwel of Panay, and the Kalantiaw Code written in1433 A.D by Datu Kalantiaw, also of Panay.

o Comparison with other Ancient GovernmentIt can be said that the laws of the barangay were generally fair. This

system of government, although defective was not so bad considering the conditions in other lands in the age during which it flourished.

The Government of the Philippines in Transition: From the Pre-Spanish to Present

PHILIPPINES DURING THE SPANISH PERIODo Spain’s Title to the Philippines

It was based on the discovery made by Ferdinand Magellan in 1521, consummated by its conquest by Miguel Lopez de Legaspi 45 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.

o Government in the Philippine UnitaryThe government which Spain established in the Philippines was

centralized in structure in national scope. The barangays were consolidated into towns each headed by a, GOBERNADORCILLO, popularly called captain, and the towns into provinces, each headed by a governor who represented the Governor General in the province

The Government of the Philippines in Transition: From the Pre-Spanish to Presento Spanish Colonial Government

From 1565 to 1821, the Philippines was indirectly governed by the King of Spain through Mexico. From 1821 when Mexico obtained her independence from Spain, to 1898, the Philippines was ruled directly by Spain.

From 1863, the military of Ultramar (colonies) exercised general powers of supervision over Philippine affairs. Three times during the Spanish period (1810-1813, 1820-1823, and 1836-1837), the Philippines was given representation in the Spanish Cortes, the legislative body of Spain.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento The Governor-General

The power of the government was actually exercised by the governor-general who resided in Manila. He was “Governor-General” “Captain-General”, and “Vice-Royal Patron”. As a governor-general, he had executive, administrative, legislative and judicial powers.

As a Captain-General, he was a Commander-in-Chief of all the Armed Forces in the Philippines. As the Vice- Royal Patron, he exercised certain religious powers than the King of Spain himself. This was justified, however, because of the distance of the Philippines from Spain.

In the administration of the Philippines, the governor-general was assisted by many boards and officers, particularly the Board of Authorities and the Council of Administration.

The Government of the Philippines in Transition: From the Pre-Spanish to Present PHILIPPINES REVOLUTIONARY ERA: GOVERNMENTS AND REPUBLICS OF THAT

PERIODo The Katipunan Government

The Katipunan was secret society that precipitated our glorious revolution on August 26, 1896. It was organized by Andres Bonifacio. The central government of the Katipunan was vested in Supreme Council (Kataas-taasang Sanggunian). In each province there was a Provincial Council (Sangguniang Balangay) and in each town, a Popular Council (Sanggunian Bayan).The Judicial Power was exercised by a judicial council (Sanggunian Hukuman). The Katipunan was replaced by another government whose official headed by Gen. Emilio Aguinaldo as a President, were elected in the Tejeros Convention held on March 22, 1987.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento The Biak na Bato Republic

On November 1, 1897, a republic was established by Gen. Emilio Aguinaldo in Biak-na-bato (now San Miguel de Mayumo, Bulacan). It had a constitution which was to take effect for two years only.

It declared that the aim of the Revolution was the “separation of the Philippines from the Spanish monarchy and their information into an independent state”. The Biak-Na-Bato Republic lasted up to December 15, 1897, with conclusion of the “Pact of Biak-Na-Bato”.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento The Revolutionary Government

In the Administration of the Philippines, the Governor-General was assisted by many boards and officers, particularly the Board of Authorities and the Council of Administration.

On June 23,1898, Gen,. Aguinaldo established the Revolutionary Government replacing the Dictatorial Government.

The decree-making such change stated that the aims of the new government were “struggle for the independence of the Philippines, until all nations including Spain will expressly recognize it,” and “to prepare the country for the establishment of a real Republic.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento The Dictatorial Government

Following the out-break of the Spanish-American war on April 25, 1898, Gen, Aguinaldo in view the chaotic conditions in the country, established the Dictatorial Government on May 24, 1898.

The most important achievement in Dictatorial Government were the Proclamation of the Philippine Independence at Kawit on June 12, 1898 and the reorganization of local governments.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento The Military Government

The American military rule in the Philippines began on April 4, 1898, the day of the capture of Manila. The existence was gave the President of the United States of the power to establish a Military Government in the Philippines, as Commander-in-Chief of all Armed Forces of the United States.

His authority was delegated to the military governor who exercised as long as the war lasted, all powers of government--- executive, legislative, and judicial. The first American Military Governor was General Wesley Merritt, the second was General Elwell E. Otis, and the third last was Major General MacArthur.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento The Civil Government

Pursuant to the so-called Spooner Amendment (on the Army appropriation act passed in the US Congress on March 3, 1901) which ended the military regime in the Philippines, the Civil Government was inaugurated in Manila on July4, 1901.The Civil Governor whose position was created on October 29, 1901. The Civil Governor also exercised legislative powers. He remained as the President of the Philippine Commission, the sole law-making body of government from 10901 to 10907.From 1907 to 1016, the Philippine Commission acted as the upper house of the legislative branch with the Philippine Assembly serving as the Lower house. With the passage of the Spooner Law in 1016, these two bodies give a way to the Philippine Legislature. The Philippine was represented in the U.S. by two Resident Commissioner who were elected the Philippine Legislature.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento Commonwealth 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 of the United States Congress on March 24, 1934, commonly known was the Tydings-Mcduffie Law.Among other things, the law provided for a transition period of ten years during which the Philippines Commonwealth would operate at the expiration of said period on July 4, 1986, the Independence of the Philippines would be proclaimed and established.The new government of the Commonwealth of the Philippines, deemed successor to the Government of the Philippine Island, was inaugurated on November 15, 1935, following the first national election under the 1935 Constitution held on September 12, 1935, with Manuel L. Quezon and Sergio Osmena, as President and Vice-President, respectively.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento Government of the Philippines during the Japanese Occupation of the Philippines

It was established in Manila on January 3, 1942, one after its occupation. Under a proclamation issued by the Japanese High Command, the sovereignty of United States over the Philippines was declared terminated.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento The Philippine Executive Commission

A Civil government known as the Philippine Executive Commission composed of Filipinos with Jorge B. Vargas as Chairman was organized by the Military forces of occupation. The commission exercised both the executive and legislative powers.

The laws, enacted were, however, subject to the approval of the Commander-in-chief of the Japanese Forces. The Judiciary continued in the same form as it was under the Commonwealth. However, it functioned without the independence which it had traditionally enjoyed.

The Government of the Philippines in Transition: From the Pre-Spanish to Presento 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. It was the same character as the Philippine Executive Commission.

Like the latter, the Ultimate source of its authority was the Japanese military authority and Government, on August 17, 1945. President Laurel proclaimed the dissolution of the Republic.

Functions of the Governmento Constituent Function - is those which constitute the very bonds of society and are compulsory in nature.

Examples are:• The keeping of order and providing for the protection of persons and

property from violence and robbery.• The fixing of the legal relations between man and wife and between

parents and children.• The regulation of the holding, transmission, and interchange of the

property , and the determination of its liabilities for debt for crime.

Functions of the Government• The determination of contract rights between individuals.• The definition and punishment of crime.• The administration of justice in civil causes.• The determination of the political duties, privileges, and relations of

citizens.• Dealings of the state with foreign powers: the preservation of the state

from external danger or encroachment and the advancement of its international interests.

Functions of the Governmento Ministrant Function - is those that are undertaken only by way of advancing the general interests of society and are merely optional.

Examples are:• The regulation of trade and industry. • The regulation of Labor.• The maintenance of thoroughfares,- including state management of railways

and that great group of undertakings which we embrace within the comprehensive term ‘Internal Improvements.’

Functions of the Government• The maintenance of postal and telegraph systems, which is very similar in

principle no. 3.• The manufacture and distribution of gas, the maintenance of water-works

etc.• Sanitation, including the regulation of trades for sanitary purposes.• Education.• Care of the poor and incapable.• Care and cultivation of forests and like matters, such as the stocking of rivers

with fish.• Sumptuary laws, such as ‘prohibition’ laws, for example.

VII. Branches of the Governmento Meaning of Legislative Power

a. Classification of powers of congressb. Qualification of the members of congress

o The executive power a. President and Vice President Qualificationsb. Term of office

o The judicial powera. Judicial power vested to the supreme courtb. Composition of the supreme courtc. Qualifications for the members of supreme courts and the other courts

Legislative Power DefinitionThe legislative power shall be vested in the Congress of the Philippines,

which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. The authority to make laws and to alter or repeal them.

Classification of Powers of Congresso General Legislative Power• Usually undefined by the Constitution.• Overall authority to enact laws for the people and the State.• Power to write, amend, or revise laws inasmuch as not contrary to

Constitution.

Classification of Powers of Congresso Specific Power• Constitution expressly directs or authorizes Congress to declare the existence

of the state of war.• Delegate emergency powers to the President.• Appropriate money.• Imposes taxes.• Confirm appointments by the President.• Impeach• Act as a constituent assembly• Choose who shall become President in case of a tie.

Classification of Powers of Congresso Implied Power• Essential or necessary to effectively exercise its constitutionally granted

powers:• Conduct inquiry and investigation in aid of legislation.• Determine the rules of its proceedings.• Punish for contempt.

Classification of Powers of Congresso Inherent Power• Essentially inherent which need no legislation or constitutional grant.• Taxation• Eminent domain• Police power

Qualification of the members of Congress• He must be a natural- born citizen of the Philippines

• He is at least 25 years old on the day of Election

• He is a registered voter in the district in which he shall be elected

• He is able to read and write

• A resident of the Philippines for at least 1 year preceding the day of the election

Executive Power DefinitionThe power to administer a law.

President and Vice- President

The President of the Philippines (Filipino: Pangulo ng Pilipinas) is the head of state and head of government of the Philippines. The President leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines.

The Vice President of the Philippines is the second highest executive official of the Philippine government, locally termed as Ang Pangalawang Pangulo or Pangalawang Pangulo (or Bise Presidente informally).

Qualifications of the President and Vice- President• He must be a natural-born citizen of the Philippines

• He is at least 40 years old on the day of election

• He is able to read and write

• He is a registered voter

• A resident of the Philippines for at least 10 years immediately preceeding on the day of election

Term of OfficeThe President's six-year term begins at noon on the thirtieth day of June following the election and ends at noon of the same date six years thereafter. He/she may no longer run for re-election, unless he/she becomes president through constitutional succession and has served for no more than four years as president. 1987 Constitution of the Philippines (accessed November 19, 2007).The Vice President is elected in the same manner as, but separately from, the President. Both the President and the Vice President are elected by direct plurality vote where the candidate who garners the highest number of votes, whether a majority or not, wins the election. While candidates usually run in tandem for the offices of President and Vice President, under their own political parties, it is possible and not unusual for candidates from different parties to be elected as President and Vice President. The Vice President is barred from serving more than two consecutive terms.

Judicial Power DefinitionThe term judicial powers refers to the power of the government to hear

cases and interpret, enforce or nullify laws and statutes in order to render verdicts.

Judicial Power Vested to the Supreme Court

The judicial power of the state shall be vested in a Supreme Court, an appellate court, district courts, county courts, in and for each county, with one or more judges for each county or with one judge for two or more counties, as the Legislature shall provide, and such other courts inferior to the Supreme Court as may be created by law. In accordance with rules established by the Supreme Court and not in conflict with other provisions of this Constitution and laws governing such matters, general administrative authority over all courts in this state shall be vested in the Supreme Court and shall be exercised by the Chief Justice. The Chief Justice shall be the executive head of the courts and may appoint an administrative director thereof.

Composition of the Supreme Court

There are 15 justices in the Supreme Court of the Philippines. It composes of one (1) Chief Justice and fourteen (14) Associate Justices.

Qualification for the members of Supreme Court • Natural-born citizenship;

• At least 40 years old; and

• Must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines.

• He must be a person of integrity, competence, probity and independence.

Qualification for the Lower Collegiate Courts• A citizen of the Philippines

• He is a member of Philippine Bar

• He must be a person of integrity, competence, probity and independence

VIII. Public Administration• The Meaning of Public Administration

• Management Defined

•The Role of Public Administration in Governmental Organization

• Characteristics of a Healthy Organization

• Administrative Relationships and Functions

Public Administration Definition

According to Barry M. Richard and Melvyn Copen, a public administration is basically an organized process concerned with implementation of objects and plans and internal opening efficiency.

Management DefinitionManagement is the act of handling, directing, deciding, or exercising

control and supervision on some functions of the organization. The importance of management as a tool of accomplishing organizational goals is specially charged with making resources productive.

The Role of Public Administration in Governmental OrganizationFilipino has demonstrated a great passion for revising and reorganizing some structural base of the government. This has been brought about by the natural desire to render efficient and new services expected by the public. Demands for change have frequently been promulgate d under the title of “reform” and in some instances; the need for reform is supported by logic and practical needs. However, the change, which have resulted from reform movements have not always resulted in the benefits anticipated by the constituents. These are the common experiences of the people the structural revisions labeled as “reform” movements is politically results. It is highly practical, production oriented, social concerns and depends ultimately upon the human personality.Other social scientist argue that administration is a science. Science is a body of knowledge dealing with a body of facts or truths systematically arranged and showing the operation of general laws.

The Role of Public Administration in Governmental OrganizationAccording to Sison, “Science is the systematic accumulation of facts, their analysis and interpretation, and their use to arrived at satisfactory conclusion.”Presthus sees administration as “The art and Science of designing and carrying out public policy.”For Avary Leiserson and Fritz Morstein Marx, “The science of administration would be a body of formal statements describing invariant relationship between measurable objects, units or elements.”Unquestionably, administrative research has produced definite receipts and hypothesis and applicable to concrete situations, but what administrators visualized as particularly valuable goes beyond that. They are interested in the techniques synthesizing the process of securing and shifting relevant information so that the factors involved at arriving at a policy descision can be stated and the consequences of alternatives analyze and balance.

Characteristics of a Healthy Organizationo Objectives are widely shared by the members and there is a strong and consistent flow of energy toward those objects.o People feel free to signal their awareness of difficulties because they expect the problems to be dealt with and they are optimistic that these problems can be solved.o Problem-solving highly pragmatic. In attacking problems, people work informally are not preoccupied with status, territory, or second guessing “what higher management will think”. A great deal of non-conforming behavior is tolerated.o The judgment of people lower down in the organization is respected.

Characteristics of a Healthy Organizationo Collaboration is freely entered into. People readily request the help of others and willing to give in turn. Ways of helping one another are highly developed. Individuals and group compete with one another, but they do so fairly and the direction of a shared goal. o Objectives are widely shared by the members and there is a strong and consistent flow of energy toward those objects.o People feel free to signal their awareness of difficulties because they expect the problems to be dealt with and they are optimistic that these problems can be solved.o Problem-solving highly pragmatic. In attacking problems, people work informally are not preoccupied with status, territory, or second guessing “what higher management will think”. A great deal of non-conforming behavior is tolerated.

Characteristics of a Healthy Organizationo When there is a crisis, together the people band together in work until the crisis departs.o Conflicts are considered important in decision-making and personal growth. They are dealt with effectively in the open. People says what they want and expect others to do the same.o There is a great deal of on-the-job learning based on a willingness to give, seek, and use feedback and advice.o Joint critique of progress is routine.o Relationships are honest. People do care about one another and do not feel alone.o People are “turned on” and highly involved by choice. They are optimistic.

Characteristics of a Healthy Organizationo Leadership is flexible, shifting in style and person to suit the situation.o The judgment of people lower down in the organization is respected.o Collaboration is freely entered into. People readily request the help of others and willing to give in turn. Ways of helping one another are highly developed. Individuals and group compete with one another, but they do so fairly and the direction of a shared goal.o There is ah highly degree of trust among people and a sense of freedom and mutual responsibility. People generally know what is important to the organization and what isn’t.

Characteristics of a Healthy Organizationo Risk is accepted as a condition of growth and change.o “What can learn from each mistake?”o Poor performance is confronted, and a joint resolution sought.o Organizational structure, procedure, and policies are fashioned to help people get the job done and to protect the long term health of the organization, o There is a sense of order, and yet a high rate of innovation. Old methods are questioned and often give way to new ones.

Administrative Relationships and FunctionsFunctions organization requires the grouping of related functions or activities in a single department or agency. The functional unity of organization, the narrow span of the supervision, the use of staff, line and housekeeping agencies and affective communication are very important requirements if an organization is to operate successfully. One person, no matter how intelligent he is, cannot effectively supervise a large number person in as agency, especially if the same agency has a number of departments, so, a proper span of control becomes necessary.

Staff line and housekeeping agencies are important variable to the effective organization of government.

There are two problems confronting communication is administration. The first one is that channels must be open, and must move promptly through the various levels of the hierarchy to the persons responsible for their implementation. Second, orders and directives must be stated clearly. Simple words would be used.

IX. Local Government• Local Government Defined• Relation of Local Government to National Government• Local Government in the Republic of the Philippines• Basic Features of Local Government Units

Local Government DefinitionThe term local government refers to a political subdivision of a state

which is constituted by law and has substantial control of local affairs, with officials elected or otherwise locally selected.

Relationship of Local Government to National Government

The relationship of local government to the national government depend upon their legal positions in the constitutional structure and system. If the government system is centralized, the local government depend upon the national government. The local government in centralized state is considered to be the creation of national government. This relation of the local government to the central government is manifested in the Philippine political system.

Local Government in the Philippines

The present local governmental system of the Philippines constitutes the local units such as provinces, cities, municipalities, and barangays.

Basic Feature of Local Government

A unit of local government should have the following basics features:

• It must exists as an organized entity having a formal structure and certain basic powers such as the capacity to enter into contract and own property.

• It must possess governmental accountability to the public with its officials, either elected or appointed by elected officials.

• It must have substantial autonomy, especially the right to raise revenue for its budgetary requirements.

Models of Local Governmento Local Government in France

The present local government in France is a classic example of the centralized type which is characterized by hierarchical structure, executive domination and legislative subordination. The French type started during the divided into 86 departments for administrative purposes. Within the departments, 36, 200 or more communes were subdivided and established as local units with self-governing powers. Each commune has a mayor and a council elected by the citizens. Later, Napoleon revised the organization of local government and set up a political system that was to function as a continuous chain of command from the national government through the departments and arrondissements down to the communes.

Models of Local Governmento Local Government in England

The English model of local government dates back to the Anglo-Saxon time before the Norman Conquest of England under William the Conqueror in 1066. The municipal corporation possessing corporate powers and relative independence from the political jurisdiction of central government functionaries were basically manifested by her political history. Boroughs were governed by their characters granted to them by the Crown and had their own officers. They possessed a wide range of power and had the right to send their representatives to the Parliament.The English local government is characterized by decentralization legislative dominance, multi-purpose action, co-option with other committee systems, and direct voluntary participation of the citizens.

Models of Local Governmento Local Government in Russia

The Soviet model of local government evolved before the 1917 uprising in Russia in which the Czarist government collapsed and a new provisional government was established. Russia was divided into provinces and regions, where each province was divided into provinces and regions, where each province was divided into districts. These districts were subdivided into cantons, which included a number of village or mires. After the revolution, the communist established a political system made up of all Union, the Union Republic and Autonomous Republics. The highest administrative structure of local governments units were the Krais, the Oblats, and Okrugs and the large cities. The second level of administrative units consisted of rural raions, towns of immediate size and city raions, and the third level included the village soviets, settlement soviets and small town soviets.

Models of Local Governmento Local Government in the United States of America

In the local government in the United States, there are certain variations. The local units outside the northeast, usually have limited powers and are active in rural areas, while in the south, the country becomes the only local administrative area.The cities which are the local governments carry out most of the programs and deal with most of the problems in urban areas. Municipal charters usually take the form of an incorporation document endowing the cities with judicial personality similar to a business corporation. The duties, powers, and financial resources of the municipality are expressed in detail form.Today, the types of municipal government include the Mayor-Council, the Commission and the Council Manager. The Commission type of government usually consists of three to seven members, one of them is elected Mayor. Each commissioner is directly elected to head one of the departments in which the city government is divided.

Models of Local Governmento Local Government in the People’s republic of China

In 1985, the people’s communes where introduced throughout China, where it was originally intended for the communes to be center of social, cultural, political and economic activities. In 1980, these communes were dissolved with the local governments taking over their administrative functions. The villages all over China took over the agricultural functions.

Philippine Local Government The local government units in the Philippines include:o The Province

The province comprises a cluster of municipalities and component cities, and as a political and corporate unit of government, serves as a dynamic mechanism for developmental processes and effective governance of local government units within its territorial jurisdiction. It may be created by law subject to the approval by a majority vote cast in a plebiscite to be conducted by the Commission on Election (COMELEC). It must have an average annual income as certified by the Department of Finance of not less than P20 Million based on the 1991 constant prices or a territory of at least 2,000 square kilometers and a population of not less than 250,000 inhabitants.

The elected officials of the provincial government are the provincial governor, vice-provincial governor and members of the provincial board.

Philippine Local Governmento The City

The city consist of more urbanized and developed barangays. Under the Local Government Code of 1991, the cities may be categorized as component cities, independent component cities and highly urbanized cities. These local units shall direct and supervise delivery of services for the inhabitants within respective jurisdiction.

o The MunicipalityThis unit comprises barangays and primarily serves the inhabitants within its jurisdiction through effective delivery of basic services. The Sangguniang Bayan as the legislative organ of the municipal government enacts ordinances and adopts resolutions for the general welfare of the municipality and its citizen.

Philippine Local Governmento The Barangay

The basic political unit serves as a forum wherein the collective views of the people may be expressed, crystallized and considered and where disputes within its jurisdiction may be amicably settled. Its primary functions deal with primary planning and implementing unit of government programs, projects and developmental activities in the community.

Sources Introduction to Political Science (Francisco M. Zulueta) Textbook on the Philippine Constitution (Hector S. De Leon) 2008 Edition http://politicsandgovernance.blogspot.com/2010/06/functions-of-government.html

http://www.slideshare.net/jhengrayn/political-development-of-the-philippine-government

http://www.differencebetween.net/miscellaneous/politics/difference-between-law-and-ethics/#ixzz46VqrxIhO

http://law.justia.com/constitution/nebraska/c0105001000.html http://www.gov.ph/about/gov/exec/

Sources https://en.wikipedia.org/wiki/Law https://www.google.com.ph/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF 8#q=relationship+between+law+and+ethics

https://en.wikipedia.org/wiki/Vice_President_of_the Philippines https://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippines

Researchers Rommel B. Mergillano Jefferson A. Bactad Charice Maica L. Lemon Jayssa Marie Franncisco Editha D. Madayag Rosette Andaya