PHILIPPINE GOVERNMENT AND

NEW CONSTITUTION

PREPARED BY:
MR. RIZEL JAN ICAO TURNO  
SOC SCI- 12 Philippine Government and New Constitution

Importance of studying government:

1. It makes us know how laws are made and implemented
2. We also learn how development programmes are formulated and implemented
3. It helps us to know how the government raises and spends revenue
4. It helps us know our roles as citizens and the roles of leaders who govern us
5. We learn how power are vested in different organs of the government
6. Through the study of government we understand and appreciate the need for a
government
7. It helps us appreciate the constitution and the process of making and reviewing laws and
statues
8. It helps us understand our rights, responsibilities as well as the limitation within which
we must operate for the well being of every member of the society.
9. It influences career choice

A. Political Science defined

 ● Political Science – is considered as a branch of the social sciences which
deals with the origin organization, theories and practice of the state.
Basically means the systematic study of politics, mainly involving the
relations people have with the government.
● Politics – are activities associated with the governance of a country,
especially the struggle between parties hoping to achieve power and
influence.
● Governance – is defined as the action or manner of governing.
● Governing – is the means of conducting the policy, actions and affairs of the
state.

Function of Political Science

The function of political science is to discover the principles that should be observed in
public affairs; to study critically the operations of government in order to recognize what is
good and desirable; to criticize what is in inefficient and to suggest improvements, if
needed.

Importance of Political Science

Studying political science provides a special background for those individuals wanting to
specialize in the social sciences or in professions such as law, education, business,
journalism and Foreign Service. Within the Philippine context, in enables every Filipino to
become aware, vigilant and have a better understanding and appreciation of his rights and
duties as a citizen. In the end, political science provides a useful tool for the Filipino who
aims to participate actively and effectively in the country’s political growth and
development.

B. Basic and Essential Concepts in Political Science

State – is defined as a community of persons, who are more or less numerous, permanently
occupying a definite portion of a territory, independent of external control, and possessing
an organized government to which the great body of inhabitants renders habitual
obedience. Under the law of nations, a state may be defined as a group of people living in
definite territory under an independent government organized for political ends and
capable of entering into international relations.

STATE vs. NATION

 ● Some writers no longer recognize the distinction between a state and nation, ponting out
that these two terms are now used, in an individual sense. Nevertheless, a respectable
number of jurists still hold that whereas the state is a legal concept, the nation is only a
racial or ethnic concept. Strictly speaking, the term nation, as evidenced by its etymology
(nasci, to be born), indicates a relation of birth or origin and implies a common race,
usually characterized by community of language and customs. Thus understood, a nation
may comprise several states, such as Egypt, Iraq, Saudi Arabia, Lebanon, Jordan, and
others, which all belong to the Arab nation. On the other hand, it is possible for a state to be
made up of several nations, as in the case of the United States of America, Singapore and
Malaysia at present. Indeed, a nation need not be a state at all. This scenario will happen if
one, some or all of its essential elements as a state will be missing. As in the case of United
States of America, Singapore and Malaysia at present.

FUNDAMENTAL ELEMENTS OF THE STATE

1. People– or permanent population is an aggregate of individuals of both sexes who live

together as a community despite and cultural differences. They must be sufficient in
number to maintain and perpetuate themselves.

2. Territory – is a fixed portion of the earth’s surface which t1he people occupy.
A defined territory is necessary for jurisdictional reasons and in order to
provide for the needs of inhabitants. Purely as a practical requirement, the
territory should be big enough to be self-sufficient and small enough to be
easily administered and defended.

3. Government – is the agency which the will of the state is formulated, expressed and
realized. It is necessary in international law because the state must have an entity to
represent it in its relation with other states. The form of government does not matter
provided it is able to maintain order within the realm and comply11 with its
responsibilities under the law of nations.

4. Sovereignty- Sovereignty is the full right and power of a governing body over
itself, without any interference from outside sources or bodies. In political theory,
sovereignty is a substantive term designating supreme legitimate authority over
some polity.

TWO ASPECT OF SOVEREIGNTY

Internal – refers to the powers of the state to direct its domestic affairs as when it establishes its
government, enact laws for observance within its territory or adopt economic policies.
External – signifies the freedom of the state to control its own foreign affairs as when it concludes
treatise, makes war or peace and maintains diplomatic and commercial relations. External
sovereignty is often referred to as independence.

FORMS (SYSTEMS) OF GOVERNMENT

1. According to Aristotle, a famous Greek philosopher, governments may be classified into three
types depending on the number of people who hold power in the country.

a. Monarchy – rule by one person. A monarchy may become a “tyranny” when the
King or queen oppresses the people.

b. Aristocracy – rule by a few persons. An aristocracy may become an oligarchy when

the ruling families or leaders seek only their own benefits and not of the majority of
the people.

c. Democracy – rule by the majority (most) of the people. It may become disorderly
mobocracy or rule of the mob when the people cannot agree or cooperate with each
other, or when the majority abuse the minority.
In modern times, mixed forms of governments have also appeared.
a. Constitutional Monarchy – is ruled by a monarch (King and Queen) whose
power is limited and not absolute. The monarch is checked by other government
officials and by the right of the people. Constitutional monarchy exists with a
parliament, where the monarch is the symbolic head of state. The monarch
reigns but does not rule. The real head of the government is the prime minister
whose political party has the most number of seats in the parliament or law-
making body.

Ex. United Kingdom, Japan, Spain, Malaysia

b. Dictatorship, authoritarian or totalitarian governments

● Dictatorship – is a form of government ruled by a person not
coming from a royal family but from the middle class or from
the common people.
● Dictatorship becomes totalitarian when everything is controlled
by the dictator. (Adolf Hitler)
● Totalitarian – is the most extreme type of dictatorship (Benito
Mussolini)
c. Modern democracies may either be presidential or parliamentary (As to the
concentration of power in a government branch)
 CI. Presidential
● Is a form of government in which the executive power is exercised by the
president who is elected by popular vote. The president is the head of the
executive branch which is independent of the legislative body. The president
holds office for a specific period of time as imposed in the constitution. He is
the one who appoints the members of his cabinet who are directly under
him.
C2. Parliamentary Government
● In this form of government, the executive and the legislative branches are fused, because the
members of the cabinet are also the members of the parliament or legislature and the
political party power. The prime minister and his cabinet can remain in office as long as
they have the confidence and support of the majority in parliament. Ministers are first
elected as members of parliament and the party with the highest number in it elects the
cabinet from among themselves. (England is good example)

Government may also be classified as to the centralization to the control.

DI. Unitary – one in which the control of national and local affairs is exercised by the
central or the national government; single, centralized government, exercising powers over both the
internal and external affairs of the state. The national government is the one that distributes
administrative powers to the component units.
D2. Federal – one in which the powers of the government are divided between two sets of
organs one for the local affairs and other for national affairs, each organ being supreme within its
own sphere; consist of autonomous local governments exercising a limited degree of power over the
domestic affairs of the state.

E. government’s authority may also be categorized into:

a) De Jure – is a kind of government which has a rightful title but no power or control,
either because the same has been withdrawn from it or because it has not yet
actually entered into the exercise thereof.

b) De Facto- actually exercises power or control but without legal title.

F. Democracy vs. Communism

A democracy is government of the people, by the people and for the people. In this kind of
government, all the people, rich or poor, are equal before the law and are entitled to the protection
of their rights. The people are source of all powers of the government and the people can choose or
elect their officials through elections. They can also publicly question or debate the policies of the
government.
Democracy has the following merits or advantages:
Democracy encourages all citizens to take an interest in how a government is chosen and
how it operates. It is the people who choose the officials to make the laws and put them into
practice. These officials are accountable or responsible to the people for their policies and behavior
while in the public office. It gives the people a sense of civic responsibility by making them realized
that the success or failure of the government depends on them. In democracy, the voice of the
people is the voice of God. Power resides in the people, and the people have the direct share in
policies of government. They can question or criticize their discontentment.

Democracy also has failure or disadvantages

Democracy is slow, fickle and extravagant. A democratic government may not able to solve
the country’s problems quickly became the officials in charge have to consult the wishes of the
people. People are fickle, and they may only change one set of officials with another set from
different political party in one election after another. Thus, there is no continuity in policy. It is
very expensive to hold election in a large country. Corrupt and dishonest officials may be elected to
power because the masses barter their ballots for money or promise by unscrupulous politicians.
Moreover, armed goons may terrorize the voters to vote for certain candidates. Politicians may
pander to the test of the masses or cater to the interest of their families, relatives or friends.
Democracy may lead to the “rule of the mob” or “rule of ignorance”. The country may suffer from
many demonstrations, rallies and strikes which interfere with the smooth operations of business
and government. Groups of people may become impatient and try to influence government policy
by noisy and violent mob action.

THEORIES ON THE ORIGIN AND MANNER OF CREATION OF STATES

Considering that there are no sufficient historical records explaining how the state came into being,
political scientist has resorted to speculations. The medieval political thinkers assumed that the
state was divine creation. Some believed that it originated from the family that evolved into bigger
groups united by kinship and community ties. Others theorized that it was the product of a social
contract among men living in a state of nature. There are those speculations that the state resulted
from subjugations and conquests.
1) Divine Right Theories – is the oldest theory on how states originated. It was popular during
ancient and medieval times. According to this theory, the state is divine creation because all
authorities came from God. The ruler ruled as God’s agent on earth and must be obeyed by
the people. The divine right theory later became misused to justify the divine right of kings
in Britain and in France to tax and punish their subject excessively.

2) Social Contract Theory – became the most important political theory of the 17 th and 18th
centuries replacing the divine right theory. According to this theory, the states came about
because people agreed among themselves to live under one organized society. In exchange
for the limitations on their natural freedoms and rights, the people gained protection and
other privileges guaranteed by the government. Hence, there was an agreement or social
contract between people and their rulers on the form and functions of a state. Some of the
famous political philosophers who championed this theory were Jean Jacques Rousseau,
John and Thomas Hobbes.

3) Force Theory – says that countries come and go because of force or dominated by different
rulers. A ruler may impose his will on a state by means of charisma, popularity or military
strength. A tribe may conquer another tribe; a country may invade another country and
become an empire.

FUNDAMENTAL RIGHTS OF A STATE

A. The Right to Existence and self- preservation- It is considered as the most important and
the most comprehensive of the attributes of the state because all its under rights are
supposed to flow or be derived from it. By the virtue of this right, the state may take such
measures, including the use of force, as may be necessary to resist any danger to its
existence. Such action being the exercise of an inherent right, it does not depend for its
validity on the previous recognition of the stat asserting it or on the consent of the states.

B. The Right of Sovereignty and Independence- Sovereignty is the supreme, uncontrollable

power inherent in a state by which that state is governed. It is the power of the state to
 command and enforce obedience, the power to which, legally speaking, all interest are
practically subject and all wills subordinate.

C. State’s Freedom from Intervention – may be define as an act by which a state interferes
with the domestic or foreign affairs of another state or states through the employment of
force or treat of force. Every state has the correlative duty of non- intervention.

D. The Right of Equality- The states are juridically equal, enjoy the same rights and have
equal capacity in their exercise. The right of each one does not depend upon the power of
which it possesses to assure its exercise, but upon the simple fact of its existence as a person
under international law. Equality of the states does not signify parity in physical power,
political influence, or economic status or prestige. What is meant by the principle of
equality is that all the rights of the state, regardless of their number, must be observed and
respected by the international community in the same manner that the rights of the other
states are observed. In short, all states, big or small, the powerful as well as the weak have
equal right to enjoyment of all their respected attributes as members in the community of
nations.

E. The Right to Property and Jurisdiction- Jurisdiction is the authority or power exercised by
a state over persons or things within or sometimes outside of its territory, subject to certain
exemptions. It may be personal in the sense that it has jurisdiction over its nationals. This
jurisdiction may also be territorial because a state may have jurisdiction over its terrestrial
domain, aerial or fluvial domain.

F. Rights of Legation or Diplomatic Intercourse- This is the active right of sending diplomatic
representatives and the passive right of receiving them. This is purely consensual, not a
demandable right.

The Duties of a State

Under Article 103 of the United Nations Charter, the following are the duties of a state:
1. To maintain international peace and security; and to that end; to take Effective collective
measures for the prevention and removal of threats to the peace and for the suppression of
acts of aggression or other breaches of the peace and to bring about by peaceful means, and
in conformity with the principles of justice and international law, adjustment or settlement
of international disputes or situations which might lead to the breach of the peace.
2. To develop friendly relations among nations based on respect for the principle of equal
rights and self- determination of people, and to take other appropriate measures to
strengthen universal peace.
3. To achieve international cooperation in solving international problems of an economic,
social, cultural or humanitarian character, and in promoting and encouraging respect for
human rights and for fundamental freedoms for all without distinction as to race, sex,
languages or religion; and
4. To be center for harmonizing the actions of nations in the attainment of these common
ends.
ANSWER THE FOLLOWING QUESTIONS AS ASKED. BASED ON THE GIVEN LESSONS:

1. Based on the abovementioned types of Government, what type of government does our

country have? And explain.

2. In your opinion, what would be the best form of Government and why?

3. What do you think is the best aspect of Democracy and why?

4. Simply enumerate the Fundamental Rights of a State.

5. Simply enumerate the Fundamental Elements of State.

6. What are the advantages and disadvantages of Democracy?

7. Differentiate a State from a Nation.

8. Lastly, in your point of view as a student, why is it important to study the Philippine

Government and its Constitution?