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Course Objectives

Philippine Constitution and Government


Students to be aware and informed of the Philippine Constitution Students to be empowered of his/her rights as provided therein Students to learn about the government, its policies and instrumentalities Compliance with the constitutional mandate

Basis of the Study Sovereignty resides in the people and all government authority emanates from them (Art. II Section I) All Educational institutions shall include the study of the constitution as part of the curricula (Art. XIV Sec. 3(1) Course Outline A. Introduction 1. Basic facts about Political science 2. Concepts of State and Government 3. Concepts of Constitution

A. The Constitution a. B1. Preamble b. B2. The National Territory (Art. I) c. B3. Declaration of Principles and state policies (Art. II) d. B4. Legislative Department (Art. VI) e. B5. Executive Department (Art. VII) f. B6. Judicial Department (Art. VIII)

g. B7. Constitutional Commission (Art. IX) h. B8. Local Government (Art. X) i. B9. Accountability of Public Offices (Art. XI)

B.Constitution a. The Bill of Rights (Art. III) b. Citizenship (Art. IV) c. Suffrage (Art. V) C. Constitution

a. A1. National Economy and Patrimony (Art. XII) b. A2. Social Justice and Human Rights Labor (Art. XIII) c. A3. Education, Science and Technology, Arts, Culture and Sports (Art. XIV)

d. A4. Family (Art. XV) e. A5. General Provisions (Art. XVI) f. A6. Amendments or Revisions (Art.XVII) g. A7. Transitory Provisions (Art. XVIII)

What is Political Science? The systematic study of state and government The science of politics, therefore, has, its formal object, a basic knowledge and understanding of the state and of the principles and ideals which underlie its organizations and activities. It is primarily concerned with the association of human beings into a body politic or a political community (one organized under government and law) Deals with those relations among men and groups which are subject to control by the state, with the relation of men and groups to the state itself and with relation of state to other states

Scope of Political Science Political Theory Public Law Public Administration

Function and Importance of Political Science To discover the principles that should be adhered to in public affairs and to study the operations of government in order to demonstrate what is good, to criticize what is bad or inefficient and to suggest improvements. Its findings and conclusions may be of immense practical use to constitution makers, legislators, executives and judges who need models or norms that can be applied to immediate situations Deals with the 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 citizen

State a community of persons more or less numerous permanently occupying a definite par of territory having a government of their own to which the great body of inhabitants render obedience and enjoy freedom from external control Is a community of persons more or less numerous, permanently occupying a definite portion of territory having a government of their own to which the great body of inhabitants render obedience and enjoying freedom from external control Nation

Is a group of people bound together by certain characteristics such as a common social origin, language, custom and traditions and who believe that they are one and distinct from other State Distinguished from Nation 1) The state is a political concept while nation is an ethnic concept 2) A nation may or may not be independent of external control 3) A state may consist of one or more nations and conversely a nation may be made up of several states Origin of States 1) Divine Right Theory 2) Necessity of force Theory 3) Paternalistic Theory 4) Social Contract Theory Elements of State People, Territory, Sovereignty, Government 1. People inhabitants of the state, the number of which is capable of self-sufficiency, self defense, administration and sustenance 2. Territory Is a fixed portion of the surface of the land inhabited by the people of the state Components: Terrestrial domain

landmass Maritime and fluvial domain

inland and external waters Aerial domain

air space above the land and water 3. Sovereignty The supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollarily to have freedom from foreign control is the union and exercise of all human powers possessed in a state It is a combination of all powers 4. Government

Is the agency or instrumentality though which the will of the state is formulated, expressed and realized Refers to the person or aggregate of those persons in whose hands are placed for the time being the function of political control Classifications or forms of Government 1) As to number of persons exercising sovereign powers Monarchy Aristocracy Democracy I. Monarchy Powers of government are vested in a single person a) Absolute Monarchy The ruler rules by divine right

b) Limited Monarchy II. Aristocratic The ruler rules in accordance with the constitution

Power of government are exclusively vested in the hands of a few elite individuals which is known as an aristocracy or oligarchy III. Democratic

Power of government are vested in general body of the citizens usually elected by the people at large Political power is exercised by a majority of the people a) Direct or Pure Democracy One which the will of the state is formulated or expressed directly and immediately through the people in a mass meeting or primary assembly rather than through the medium of delegates or representatives chosen to act for them b) Indirect, representative or republican democracy Are in which the will of the state is formulated and expressed through the agency of a relatively small and select body of person chosen by the people to act as their representatives 2) As to extent of powers exercised by the central or national government Unitary Federal Unitary Government

Control of national and local affairs exercised by the central or national government Federal Government Power of government are divided between two sets of organs, one for national affairs and the other for external affair, each organ being supreme within its own sphere. 3) As to relationship between the executive and the legislative branch of government Parliamentary Presidential

Parliamentary Government Is one which the state confers upon the legislative complete control of the Administrative law. Under this form of government, the real executive the cabinet is immediately and legally responsible to the electorate while the titular head of the state or nominal executive occupies a position of insignificance usually without power and perform functions which are purely ceremonial .

Presidential Government The state makes the executive constitutionally independent of the legislative as regards to his tenure and to a large extent as regards his policies and acts and furnishes him with sufficient powers to prevent the legislative from teaching upon the sphere marked out by the constitution or executive independence and prerogative 4) Others De jure De facto De jure Government A government De jure is a government of right, it is a government established according to the constitution of a given state which actually is cut-off from power or control. It is the true, legitimate, rightful and lawful government De facto Government A de facto government is one whose existence is maintained by force, within the territories and against the rightful authority of an established and lawful government. It is usually administered directly by a military authority or by civil authority supported more or less directly by military force. It is necessary obeyed in civil matters by private citizens who, by acts of obedience rendered in

submission to such force, do not become responsible as wrong doers for those acts are not warranted by the law of the rightful government. Purpose and Necessity of Government 1) The benefit of the people governed 2) It is created to perform important services or function which by their very nature are beyond the capabilities of any individual or of enterprise or any other group or organization to do alone or better 3) The protection of the society and its members: a) the security of persons and property b) The maintenance peace and order c) The administration of justice d) The preservation of the state from external danger e) The advancement of the physical, economic, social and cultural well-being of the people

Research Work No. 1

The Government of the Philippines in Transition


Content : A. B. C. D. E. F. G. The Pre-Spanish Government The Government during the Spanish period Governments during the revolutionary era Governments during the American Regime Governments during the Japanese occupation The previous Philippine Republic The provisional government of 1986

Analysis/comments 3 Inherent Powers of the State Police Power Power of Eminent Domain Power of Tax I. Police Power Law of overruling necessity: power promoting public welfare by restraining and regulating the use of liberty and property. The inherent power of the state to make laws, policies and ordinances for the welfare of the people It is intended to promote the well-being of the people, their health, safety, economic stability, morality, peace, harmony and security

Basis: public necessity and right of State and of public to self-protection and self-preservation Who may exercise: generally, the legislature but also: o o o The President, Administrative bodies, and Law-making bodies of LGUs

Justification of Police Power Salus populi est suprema lex (the welfare of the people is the supreme law) sic utere ut alienum non laedas (so use your own that you do not harm to others II. Power of Eminent Domain Power of State to forcibly take private property for public use upon payment of just compensation Basis: necessity of the property for public use Who may exercise: generally, the legislature but also: o The President o law-making bodies of LGUs o Public Corporations, and; o Quasi-public Corporations Two Stages: o Determination of the authority of the plaintiff to exercise the power and the propriety of its exercise; o Determination of just compensation There is taking when: o owner actually deprived or dispossessed of his property; o there is practical destruction or a material impairment of value of property ;

3. owner is deprived of ordinary use of his property, and owner is deprived of jurisdiction, supervision and control of his property Public use o has been broadened to include not only uses directly available to the public but also those which redound to their indirect benefit

Just compensation o Compensation is qualified by the word just to convey that equivalent must be real, substantial, full and fair

The value of the property must be determined either as of the date of the taking of the property of the filing of the complaint whichever came first. Fair market value of the property, to which must be added the consequential damages, minus the consequential benefits exceed the consequential damages

Fair market value o The price that may be agreed upon by parties who are willing but are not compelled to enter into a contract of sale.

Consequential damages o Consist of injuries directly caused on the residue of the private property taken by reason of expropriation

Power of Taxation Power by which State raises revenue to defray necessary expenses of the Government Scope: covers persons, property, or occupation to be taxed within taxing jurisdiction Basis: power emanating from necessity Who may exercise: generally, the legislature but also: o o Law-making bodies of LGUs and The President, under Sec. 28(2), Art. VI of the constitution or as incident of emergency powers that Congress may grant him under Sec. 23(2), Art. VI

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