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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.   people
    2.   territory
    3.   government
    4.   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 few
         3.democracy- rule by many

−   modern mixed forms:
      1.constitutional monarchy
      2.dictatorship, authoritarian or totalitarian government
      3.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 religion
   2. 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 another
   3. every person is free to profess belief or disbelief in any religion
4. every religious minister is free to practice his calling
    5. 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 laws
2.right from arbitrary arrest and unreasonable searches and seizures
3.privacy of communication and correspondence
4.freedom of speech and freedom of the press
5.right to peaceful assembly
6.freedom of religion
7.liberty of travel and of abode
8.right to secure information from government records
9.right to form associations
10.right to own property
11.inviolability of contracts
12.right to a speedy and public trial
13.right against self-incrimination and right to counsel
14.freedom from torture, threat, or secret detention
15.compensation for torture and rehabilitation of victims and their families
16.right to bail
17.presumption of innocence
18.writ of habeas corpus
19.freedom of innocence
20.prohibition against the death penalty and excessive fine
21.right to humane and adequate prison facilities
22.no imprisonment for failure to pay debts or poll tax
23.right against double jeopardy
24.prohibition of ex post facto law and bill of attainder
25.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 constitution
    2. those whose fathers and mothers are citizens of the Philippines
    3. 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
Study of Government- Hist 103 E

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Study of Government- Hist 103 E

  • 1. 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. people 2. territory 3. government 4. 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 few 3.democracy- rule by many − modern mixed forms: 1.constitutional monarchy 2.dictatorship, authoritarian or totalitarian government 3.modern democracies ( presidential or parliamentary )
  • 2. 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 religion 2. 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 another 3. every person is free to profess belief or disbelief in any religion
  • 3. 4. every religious minister is free to practice his calling 5. 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
  • 4. 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
  • 5. 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 laws 2.right from arbitrary arrest and unreasonable searches and seizures 3.privacy of communication and correspondence 4.freedom of speech and freedom of the press 5.right to peaceful assembly 6.freedom of religion 7.liberty of travel and of abode 8.right to secure information from government records 9.right to form associations 10.right to own property 11.inviolability of contracts 12.right to a speedy and public trial 13.right against self-incrimination and right to counsel 14.freedom from torture, threat, or secret detention 15.compensation for torture and rehabilitation of victims and their families 16.right to bail 17.presumption of innocence 18.writ of habeas corpus 19.freedom of innocence 20.prohibition against the death penalty and excessive fine
  • 6. 21.right to humane and adequate prison facilities 22.no imprisonment for failure to pay debts or poll tax 23.right against double jeopardy 24.prohibition of ex post facto law and bill of attainder 25.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 constitution 2. those whose fathers and mothers are citizens of the Philippines 3. 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