Political Science and Philippine Government

Political Science &
Government
(SOC. SCI. 3)

Course Description
This 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 Rationale
This 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 Objective
At 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 Definition
Politics is the process of making uniform decisions applying to all
members of a group.

Political Science Definition
Political 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
Science
o 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 Definition
Some 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 State
o 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 Territory
Every 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 State
o 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 State
o 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 State
o 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 State
o 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 State
o 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 Government
The “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 Nation
The 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 Definition
Constitution refers to “that body of rules and principles in accordance
with which the powers of sovereignty are regularly exercised.

Nature and Purpose of Constitution
o 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 Constitution
o 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.

o 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.

o 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 Definition
Law is a system of rules that are enforced through social institutions to
govern behavior.

Sources of Law
o Natural Law - simply referred as to the right reason of human beings
o Customs - it is a habitual or traditional practices
o Statutes - are enactments made on a legislative and express in a formal
document
o Judicial decision - decision made by the Supreme Court
o Constitution - mother of all laws
-fundamental law of the land

Sources of Law
o Executive order and Proclamation - made by the President
o Codes - are the systematic collection of existing laws of a country relating to a
particular subject
o Treaties - official agreement made by two countries
o Ordinances - formal enactment of cities and municipalities

Law and Ethics
The 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 Ethics
ETHICS 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 Form
o 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 Scope
o 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 Citizen
b. Kinds of Citizen
• Suffrage
a. Suffrage define
b. Qualification of voters
c. Persons disqualified to vote

Citizenship and Citizen Definition
o 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 Constitution
They 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 Definition
Suffrage 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 Government
History 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 Government
o 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 Democracy
Is 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 Government
o 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 Government
o 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.

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.

o 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 Government
It 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.

PHILIPPINES DURING THE SPANISH PERIOD
o 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 Unitary
The 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

o 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.

o 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.

PHILIPPINES REVOLUTIONARY ERA: GOVERNMENTS AND REPUBLICS OF THAT
PERIOD
o 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.

o 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”.

o 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.

o 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.

o 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.

o 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.

o 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.

o 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.

o 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.

o 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 Government
o 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.

• 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.

o 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.’

• 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 Government
o Meaning of Legislative Power
a. Classification of powers of congress
b. Qualification of the members of congress
o The executive power
a. President and Vice President Qualifications
b. Term of office
o The judicial power
a. Judicial power vested to the supreme court
b. Composition of the supreme court
c. Qualifications for the members of supreme courts and the other courts

Legislative Power Definition
The 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 Congress
o 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.

o 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.

o 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.

o 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 Definition
The 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 Office
The 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 Definition
The 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 Definition
Management 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 Organization
Filipino 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 Organization
According 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 Organization
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.
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 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 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.

o 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.

o 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
Functions
Functions 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 Definition
The 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 Government
o 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.

o 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.

o 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.

o 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.

o 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.

o 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 Municipality
This 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.

o 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

Political Science and Philippine Government

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