PS 102 - Introduction to Ph Politics and 2.

Essential part of liberal education

Governance 3. Seeks to gather knowledge and
understanding of government how it
INTRODUCTION operates, the conduct of elections, who
POLITICS are his representative, among others.
4. Enables Filipinos to discharge and
 the science of government and the art exercise more intelligently and more
on practice of administering public efficiently his duties as a citizen
affairs - Black Law’s Dictionary (1990) 5. Knowledge is a useful equipment for the
 the process of making government Filipinos who desire to participate
policies; it involves conflict effectively and usefully in our political
 that is some form of struggle among growth and development
people trying to achieve different
goals and satisfy opposing interests
CONCEPT OF STATE
Methods of Political Science STATE
1. Deductive Method - drawing up of  a community of persons more or less
specific conclusions from premises numerous, permanently occupying a
presumed to be infallible. definite, portion of territory,
2. Inductive Method - to establish general independent of external control, and
truths upon the basis of known facts possessing an organized government
before such truths are to be used as to which the great body of its
premises for specific application. inhabitants render habitual obedience
3. Observational Method - allows political (De Leon, 2000)
scientists to observe the working of
political systems and political  The four (4) inherent elements of state
processes. such as:
4. Historical Method - probable political
phenomena are interpreted based on (1) People, (2) Government, (3) Territory, and
knowledge and observation of the past (4) Sovereignty.
serving as back-drop.
5. Comparative Method - to correlate - as a juristic concept - a state exists only
economic, geographical, in contemplation of law
psychological, sociological data and - legal concept
other scientific phenomena.
Difference of State and Nation

Disciplines Related to Political Science NATION - etymologically, from Latin word

nasci, which means ‘to be born’
 History
 Geography  a relation of birth or origin and implies
 Philosophy common race, usually characterized
 Psychology by community of language and
 Sociology customs ethic concept
 Jurisprudence - science of law;
ELEMENTS OF THE STATE
analysis of existing legal systems as
well as the ethical, historical, 1. PEOPLE - refers to the number of
sociological and psychological people living within a state. There is
foundations of law no law acquiring a number of people a
state must have but should neither too
small not too large; must be enough to
Goals in the Study of Political Science
be governed; most essential and
1. Education of the citizens, equipping them indispensable element of the state.
to charge the obligations of democratic
citizenship.
 Without people, there are no of the state occupying only a small
functionaries to govern and subjects population.
to be governed.
4. SOVEREIGNTY - the power of the
2. TERRITORY - where the people of a state to comment and enforce
state live; refers to aerial, terrestrial, obedience of its will from the people.
fluvial, and maritime domains of the The power over the people of an area
state. unrestrained by laws originating
o Vatican City - smallest state in outside the area, or independence
terms of territory; 0.43sq km completely of direct external control
o USSR - largest state
o Philippines total land area is
114,830 square miles with a
total coastline of 10,850 statute
miles. Manifestations of Sovereignty
o Philippines’ territory is up until  Legal Sovereignty - the power of the
12 nautical miles of terrestrial state to make and implement laws
sea within its jurisdiction
Modes of Acquiring Territory In the case of the Philippines, the power
to make law or amend them is vested in
 Discovery - oldest method; to be valid the Congress.
and effective, discovery must be
accompanied by occupation,  Political Sovereignty - authority of the
management and administration of people (electorate) to choose who will
the land so discovered be the leaders or officials of the state.
 Prescription - the continued and
uninterrupted occupation of territory The final source of power are the people
for a long period of time by one state Characteristics of Sovereignty
 Conquest - acquisition of a territory by
the use of force, which reduces 1. Permanence or perpetuity - sovereignty
vanquished territory into submission continues uninterruptedly as long as the
to the conquering state. Violative of state exists.
the the United Nations Charter as it
2. Exclusiveness - it is exclusive and not
involves the use of force, hence illegal
divisible. The inherent powers of the state;
 Cession - bilateral agreement whereby
police power, power of eminent domain, and
one state transfers over another State
power of taxation, are expressions of
a definite portion of its territory
sovereignty.
 Accretion - acquisition of territory
through artificial or natural way 3. Comprehensiveness - extends to every
person, citizen, or alien and association
3. GOVERNMENT - aggregates of within the extent of the territory of the state.
persons or institutions, which rule the
society; organizing force over the 4. Absoluteness - sovereignty is unrestricted
state’ subject; the machinery or the although it is generally admitted that
agency of the state sovereign power is subject to the Divine Law,
the law of nature, and the law of state.
Difference of State and Government Morality, prudence, international practices
and policy considerations may cause the
They usually regarded as synonymous.
sovereign power to desist from performing
However, they are not identical and
certain kinds of act legally, however, the
therefore, distinct from one another.
power of a sovereign is unlimited.
Government - the instrument or agency
through which the will of the state is 5. Indivisibility - sovereignty cannot be
articulated or expressed State is the entire divided; there could only be one supreme
community of inhabitants. Whereas, the power in the state. The authority to govern
government includes only the functionaries may be shared, but not the supreme power.
Distinction of Sovereignty and Independence b. Is dynamic, not static and must
move with the moving society it is
They can be used interchangeably for a state supposed to regulate
cannot be sovereign if it is not independent.
However, the sovereign has exclusive c. May sometimes use taxing power as
meaning, that is, the power to enforce its will an implement for the attainment of a
to the inhabitants of the state, while legitimate police objective.
independence have different connotative
meaning like freedom of external control, Examples of Police Power Laws
autonomy, or liberty.  On Public Morals - punishing public
scandal, vagrancy, and prostitution;
prohibiting illegal gambling, and the
like.
 General Welfare and Convenience -
Penalizing the turning loose of large
cattle or permitting them to run loose
in streets and plazas of municipalities;
regulating prices of commodities;
regulating distances between gasoline
INHERENT POWER OF STATE
stations among others
Similarities of the Inherent Power  Public Safety - requiring a license to
drive motor vehicles; authorizing the
 May be exercised by it without the demolition of buildings or
need to express constitutional grant improvements which constitute a fire
 Not only necessary but also hazard
indispensable. The state cannot  Public Health - providing paternity and
continue or be effective unless it is maternity leave for working men and
able to exercise to them women; regulating the medical
 Methods by which the state interferes profession and the like.
with private rights
 All are presuppose an equivalent 2. POWER OF EMINENT DOMAIN
compensation for the private rights - enables the state to take private
interfered with property for public use upon
 Exercised primarily by the legislature payment of just compensation
- otherwise known as the power of
1. POLICE POWER expropriation
- power of the state to enact and - the law-making body is the primary
enforce laws and to regulate and lodged, but may be validly
liberty in the promotion of the delegated to other government
general welfare of the people. entities and to private corporations
- power to regulate the behavior or like the so called quasi-republic
conduct of its citizen in the interest corporation, serving essential
of the common good within the public needs or operating public
limits of the state’s laws. utilities.
- is not only confined to its citizens
but also to the foreigners The following may exercise the power of
temporarily staying within the eminent domain: (1) The President, (2) The
state. congress, (3) The Local Legislative Bodies,
(4) Certain public corporations, like the Land
Characteristics of Police Power Registration Authority and the MWSS, (5)
a. Considered the most pervasive, the Quasi-public corporations like the PNR, PLDT,
lease limitable, and most demanding MERALCO.
of the three powers. Requisites of Taking the Property
 a. Necessity - the determination expenses it has incur to enable to
whether there is genuine necessity for exist and function effectively”
the exercise is a justifiable question
Scope of Taxation
b. Private Property - anything that can
come under the domination of man or Regarded as supreme, unlimited, and
can be subject of contract is a subject comprehensive.
to expropriation It is so pervasive that it reaches even the
c. Just Compensation - a full and fair citizen abroad and his income earned from
equivalent of property taken from the source outside.
private owner by the expropriator. TAXES - the enforced proportional
3. POWER OF TAXATION contributions from persons and property
levied by the State by virtue of its
- power of the state to impose and sovereignty, for the support of the
collect revenues for the operation of government and for all public needs.
the government: for infrastructure
programs and other expenditures of Basic Principles of a Sound Tax System
the state.  Fiscal Adequacy - the source of
- Purpose: to raise revenues of funds revenue should be sufficient to meet
to support the government and its the demands of public expenditures
service. Also utilized as a tool to carry  Equality or theoretical Justice - tax
out the national objective or social and burden should be proportionate to the
economic development. tax payers ability to pay (ability to pay
principle)
- Importance: derives fro the  Administrative Feasibility - the tax
unavoidable obligation of the laws should be capable of convenient,
government to protect the people and just and effective administration
extend them benefits in the form of
public projects and services. Rights and Obligation of the State

Limitations of Taxation 1. The right to exists as a

sovereign political entity - most
a. Territory - person or property taxed comprehensive right - right given to a
must be subjected to the jurisdiction country to exist and administer, there
of the taxing State should be no intervention or control
from any foreign country
b. International comity - property of a
foreign state may not be taxed by 2. The right to independence - right
another of the state to manage its internal and
external affairs without the dictates or
c. Exemptions of governmental the interference of other states as long
agencies performing governmental as it does not violate the rights of
function other states. - the determination of
d. Prohibition against the delegation of public policies must also be
legislative power under the principle of independent and that it is free from
potestas delegata non delegata potest external pressures.

e. The levy of taxes must be for public 3. The right to equality - legal
purpose equality only. States that are members
of the United Nations are considered
equal regardless of size, population,
wealth, among others; they enjoy
Theory of Taxation
similar imunities and duties under the
- “without funds, the government International Law
cannot meet the various essential
4. The right to property and
domain - right of the state to enjoy
 absolute ownership to the territorial determination of its liabilities for
and non-territorial possessions of the debt or crime
state. Includes the right to use and - determination of contractual rights
exploit these possessions up to it - definition and punishment of
utmost benefits crimes
- administration of justice in civil
5. The right to Jurisdiction - the cases
power of the state to exercise full
- dealings in foreign powers, and
authority to its subjects and to the
preservation from external dangers
material possessions of the state.;
of encroachment
includes citizens and aliens, land-
fluvial and aerial domains Ministrant Function
Theories of the Origin of the State - under taken by way of advancing
the general interest of society, and
Divine-Right Theory - State is a divine
are therefore optional, such as
creation and God has chosen his vice-regents
public works, public education,
on the earth to rule it
charity, health, and safety
Social Contract Theory - believes that the regulations of trade and commerce
State founded by man’s covenant or contract
Forms of Government
Patriarchal Theory - State is a mere
Aristotle classified government into: number
extension of family; a family grew into clan,
of persons exercising sovereign powers
into tribe, into nation into state
1. Monarchy - supreme power lies in the
Necessity and Force Theory - State is
hands of single person
founded because the week seeks protection
 Absolute Monarchy - ruler rules
and strong ones protect and rule them in
by divine right
Instinctive Theory - State is founded out of  Limited or Constitutional
man’s instinct for association Monarchy - in accordance with
the limits set by the
Economic Theory - must be founded to Constitution
take charge of man’s various needs 2. Aristocracy - supreme power is vested
Historical Theory - asserts as product of upon a few privileged classes whose
human development right arises from the fact of their birth,
wealth, and wisdom. Also known as
oligarchy.
3. Democracy - supreme power is vested
upon a majority or mass of people.
Can be:
a. Pure Democracy - people
GOVERNMENT govern themselves directly and
not through representatives
- from Latin word gubernaculum b. Indirect, Representative or
meaning a “rudder” which means Republican Democracy - people
“To steer, direct, or control” govern through chosen
- is the rudder which means steer representatives
the ship of the state. Functions of
Government Contituent Function Other Forms of Government
- constitute the bond of society; - 1. According to the manner of instituting
keeping of order and providing officials and nature of official tenure.
protections
- fixing of legal relations a) Elective – representatives are
- regulation of holding, transmission chosen by the popular with of the
and interchange of property and people.
 b) Hereditary - transfer of honor and
political title through inheritance
2. According to concentration or distribution
of governmental powers
a) Unitary - powers of the government
is concentrate in one supreme organ
which all governing authorities derive
their power and existence (Philippines
and France)
b) Feredal Government - powers are
distributed between the central and
local government each being supreme
within its own sphere (USA, Australia,
Canada)
3. According to the relationship of the
Executive and Legislative branches of
government
a) Presidential - chief executive is the
real executive and constitutionally
independent of the legislative; strict
separation of powers
b) Parliamentary - real executive, the
cabinet is legally responsible to the
legislature or one branch of it.
4. As to its legality or constitutionality
a) De Jure Government - government
of right; government established
according to the constitution of a
given State butt which actually cut off
from power or control
b) De Facto Government - government
which unlawfully gets the possession
and control of the rightful and legal
government and maintain itself there,
by force, and arms against the will of
rightful legal government