INTRODUCTION TO THE STUDY OF GOVERNMENT

Importance:

-it is as important as the study of History-it makes us a better citizen of our republic-makes us vote wisely during election and demand such elections to be clean and honest-makes us understand our laws and makes us obey them-it is our duty to study our government

Meaning of a State:

-To understand Government, one must know what a state is.-A state is a group of people, living in a definite territory, having a government of their own, and enjoying independence from other countries.

Elements of the State:

1. people2. territory3. government4. independence or sovereignty

Origin of the state:

-These are theories explaining how the state came about

1. Divine theory- the state is a divine creation and all authority came from God. The ruler is an agent of God on earth and must be obeyed by the people.

2. Social Contract theory- the state came about because people agreed among themselves to live under one organized society

3. Force theory- countries come and go because of force or domination by different rulers. A ruler may impose his will on the state by means of charisma, popularity or military strength

Forms of Government:

1.monarchy- rule by one person ( king/queen)2.Aristocracy- rule by a few3.democracy- rule by many

modern mixed forms:1.constitutional monarchy2.dictatorship, authoritarian or totalitarian government3.modern democracies ( presidential or parliamentary )

THE 1987 CONSTITUTION

STATE PRINCIPLES:

Sec. 1

The announcement of what kind of government the Philippines is- a democratic and a republican state. The essence of republicanism rests in representation. Democracy on the other rests in the principle of the rule of the majority

This is also a declaration of who really holds the sovereign power ( from whom sovereignty emanates), that is the Filipino people.

Sec. 2

This bears the doctrine of incorporation where, the Philippines adopts to the generally accepted principles of International law as part of the law of the land....This means we see treaties as equivalent to our laws, however, when such a treaty comes in contradiction with the constitution, the constitution prevails.

Sec. 3

This talks about supremacy of the Civilian Authority over the military. This is manifested through the president, a civilian, who is considered the commander-in-chief of the AFP. Also it declares the duty of the AFP, that is to protect the people and the state.

Sec. 4

This section declares the prime duty of the Government : to serve and protect the people.On the other, the people has a corresponding responsibility, that is, to render service, military or personal, when the state needs it ( such as in cases of invasion ). A citizen cannot refuse or escape this responsibility behind the cloak of involuntary servitude.

Sec. 5

This highlights the importance of the maintenance of peace and order, protection of life liberty and property, and promotion of general welfare which are essential in the enjoyment of the “blessings of democracy”. The enjoyment of such being dependent upon political stability and economic prosperity.

Sec. 6

This is about the inviolability of church and state. Therefore:

1. the state shall have no official religion2. the state cannot set up a church, whether or not supported with public funds;nor aid one

religion, aid all religions, or prefer one religion over another3. every person is free to profess belief or disbelief in any religion

4. every religious minister is free to practice his calling5. the state cannot punish a person for entering or professing religious beliefs and disbeliefs

STATE POLICIES

Sec. 7

This emphasizes pursuance of an independent foreign policy, one that is not subordinate or too dependent on another government. In the conduct of relations with other states, the Philippines welcomes suggestions, minds alliance but of primary concern would be national interest, national sovereignty, territorial integrity and right to self-determination. We cannot be dictated upon by other countries what policies to pursue.

Sec. 8

This emphasizes our policy on absolute ban of nuclear weapons ( production, manufacturing, possession or storing). There is nothing that precludes us from using nuclear energy for industrial or peaceful purpose.

Sec. 9-10

These are the anti-poverty provisions focusing on the state's responsibility to provide jobs, and promotion of social justice.

know the meaning of social justice.

Sec. 11

This pronounces how the state values human dignity and human rights.

Sec. 12

This is contains the anti-abortion policy of the state... “ the state shall protect the life of the mother and the unborn from conception”

Sec. 13

This is the recognition of the role of youth in nation-building. In doing so, the state shall undertake to educate and inculcate patriotism and nationalism in the youth.

This is the basis for the sanggunian ng kabataan, among other such youth empowerment related policies.

Sec. 14

This is the recognition of women as vital in nation building. The state takes it upon itself to promote equality between genders ergo the pro-women laws.

Sec. 15

This emphasizes the state's recognition of the people's right to health. Vital is the inculcation of health habits among the citizens.

Sec. 16

This carries the environmental prioritization of the state. This is the basis of our environmental laws as a balanced ecology is recognized as matter of right of people.

Sec. 17

This pronounces the state's prioritization of education, science and technology, among others as means to liberate people from poverty.

Sec. 18

This is the recognition of the importance of labor in nation-building, hence the pro-labor policies of the state that protects and promote the welfare of laborers.

Sec 19.

This is the Filipino first policy of the state.

Sec. 20

This is the state's recognition of the importance of private enterprise/sector therefore the state encourages it.

Sec. 20

This is the provision prioritizing agriculture, ergo DAR as the pertinent agency that will pursue agriculture policies of the state.

Sec. 21

Sec. 22

This is the state's recognition of the Indigenous Cultural Communities, ergo the policies of the

state in their favor and their rights over their ancestral domain.

Sec. 23

The recognition of the importance of NGOs among other such groups to advance welfare of the state.

Sec. 24

This is the recognition of the state of the importance of communication and information in nation building, hence, the government does not monopolize media networks. Private media networks are recognized as watchdogs of the government.

Sec. 25

This is the basis of the Local Government code of 1991 recognizing the autonomy of LGUs.

Sec. 26

This is the provision against political dynasties. However, there's no enabling law on this one so it remains a principle that is not enforced.

RIGHTS AND DUTIES OF CITIZENS

-To protect the people from tyranny or abuses of government officials, the Constitution grants certain rights . These legal, civil, and political rights, also known as “human rights” are as follows:

1.right to due process of law and equal protection of the laws2.right from arbitrary arrest and unreasonable searches and seizures3.privacy of communication and correspondence4.freedom of speech and freedom of the press5.right to peaceful assembly6.freedom of religion7.liberty of travel and of abode8.right to secure information from government records9.right to form associations10.right to own property11.inviolability of contracts12.right to a speedy and public trial13.right against self-incrimination and right to counsel14.freedom from torture, threat, or secret detention15.compensation for torture and rehabilitation of victims and their families16.right to bail17.presumption of innocence18.writ of habeas corpus19.freedom of innocence20.prohibition against the death penalty and excessive fine

21.right to humane and adequate prison facilities22.no imprisonment for failure to pay debts or poll tax23.right against double jeopardy24.prohibition of ex post facto law and bill of attainder25.right to vote and to hold office

THE FILIPINO CITIZENS

Citizen – is a person who has full rights and obligations in a state.

According to the 1987 constitution, the following are citizens of the Philippines:

1. those who are citizens of the Philippines at the time of the constitution2. those whose fathers and mothers are citizens of the Philippines3. Those born January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon

reaching the age of majority ( i.e. Fil-am)4. those who are naturalized in accordance with law ( eg. Norman Black )

Kinds of citizens:

1. natural-born- one who at the time of birth is already a citizen ( numbers 1-3 above )2. naturalized- one who is originally a citizen of another country but has acquired a new

citizenship in a different country ( number 4 above )

Importance of citizenship:

-it's one of the greatest attributes of the people in the state-it shows that the person is a full member of a nation-to be worthy of citizenship, an individual must perform the duties attached to it, as well as enjoy the privileges it brings.

SUFFRAGE AND ELECTION

Suffrage- is the right to vote in an election and also the right to be voted to public office; by the use of suffrage, people determine who will run their government. The right to vote and to run for public office is what makes a democracy different from monarchy or an aristocracy.

Voter Qualifications

A filipino citizen at least 18 years of age a resident in the Philippines for at least one year and in the municipality where he votes at least six

months a registered voter