POLITICAL SCIENCE

• Political science is the study of state and

government
• It is the systematic study of and reflection upon
politics
• Politics usually describes the processes by which
people and institutions exercise and resist power
• Political comes from the Greek word “polis”
which means “city” or what today refer to
sovereign state
• Science from Latin word “scire” which means “to
know”
 People as the focal of all areas of
Politics, Government and Constitution.
INTERPRETATION OF THE DIAGRAM
• People as the focal of all areas of politics,
government and Constitution.
• It is the human individual who is the revolving
actor of the state; it is to the people why there
is an existence of law
• The right is vested to and it simple denotes
that people is the main actor and the recipient
of the basic reason why law exists
 SCIENCE OF POLITICS
• It is the basic knowledge and understanding of
the state and the principles and ideals which
underlies its organization and activities
• It is primary concerned with the association of
human beings into body politic or political
community
• It deals with relations among men and groups
which are subject to control by the state with
relations of men and groups to the state itself
and the relation of the state to the other state
 SCOPE OF POLITICAL SCIENCE
• Political Law: body of doctrines relating to the
origin, form, behavior and purposes of the
State
• Public Law: the organization of the
government, its powers and duties and
limitations of the government
• Public Administration: methods and
techniques used in the actual management of
business affairs
 IMPORTANCE OF POLITICAL SCIENCE
• To discover the principles that should be
adhered in public affairs and to study the
operations of the government
• Its findings can be used in seeking immediate
solutions to a given and immediate situations
• To be able to deal with social and economic
problems and other matters of public and
private concerns
 CONCEPT OF STATE
State is a community of persons, more or less numerous,
permanently occupying a definite portion of territory,
independent of external control, and possessing a
government to which a great body of inhabitants render
obedience

Distinguished from Nation. State is a legal or juristic

concept, while nation is ethnic or racial concept
Distinguished from Government. Government is merely
an instrumentality of the State through which the will of
the State is implemented and realized
 STATE VS. NATION
• State is legal/political concept; Nation is an ethnic concept
• One State may consist of one or more nations; one Nation
maybe made of several states
• State is the principal; Nation is the agent
• State is an abstraction; Nation externalize the will of the
State
• State cannot exists without the government; can exists
without the government
• State cannot be changed as long as the elements are
present; Nation can be changed
• State, the people are heterogeneous; Nation the people are
homogeneous
 THEORIES OF STATE ORIGIN
• Divine Theory: The state is of Divine origin. All
political authority emanates from God
• Social Contract Theory: This theory states that all
men agreed among themselves under one civil
society or body politic. A person surrendered
natural liberty but gained in return the protection
and civil rights guaranteed by the government
• Force Theory: The state has arisen thru sheer
force. A tribe conquering other tribes to form a
kingdom
 ELEMENTS OF STATE
1. People
2. Territory
3. Government
4. Sovereignty
 PEOPLE
• Simply refers to the inhabitants of the State
• Different meanings as used in the
Constitution: (i) inhabitants [Sec. 2, Art. III;
Sec. 1, Art. XIII]; (ii) Citizens [Preamble; Secs. 1
& 4, Art. II; Sec. 7, Art. III]; (iii) Electors [Sec. 4,
Art. VII]
• As a requisite for statehood: Adequate enough
for self-sufficiency
 TERRITORY
• Fixed portion of the surface of the earth
inhabited by the people of the State
• Components: (1) Terrestial domain or the land
mass; (2) Maritime and Fluvial domain or
inland and external waters; (3) Aerial domain
or the air space above the land and waters
 TERRITORY
• The Philippine territory (Art I, 1987 Constitution)
The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which Philippines
has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around,
between and connecting the islands of the archipelago,
regardless of their breadth and dimension, form part of
the internal waters of the Philippines.
 TERRITORY
• Archipelago Doctrine: “The waters around,
between and connecting the islands of the
archipelago, regardless of their breath and
dimension, form part of the internal waters of the
Philippines [2nd sentence, Sec. 1, Art. 1]
• This articulates the archipelagic doctrine of
national territory based on the principle that an
archipelago, which consists of a numerous island
separated by numerous bodies of water should
be treated as one integral unit
 TERRITORY
• Straight baseline method: Imaginary straight lines
are joining the outmost points of outermost
islands of the archipelago, enclosing an area the
ratio of which should not be more than 9:1
(water to land); provided that the drawing of
baselines shall not depart, to any appreciable
extent, from the general configuration of
archipelago. The water within the baseline shall
be considered internal waters; while the breadth
of the territorial sea shall then be measured from
the baselines
 TERRITORY
• UN Convention on the law of the Sea [April 30,
1982; ratified by the Philippines in August,
1983] provides:
– Territorial sea – 12 miles
– Contiguous zone – 24 miles
– Exclusive Economic Zone – 200 miles
Note: Measures from the baseline (usually mean
low-water mark) of a coastal state.
 TERRITORY
• The Philippine Archipelago covers the
following territories: (i) Treaty of Paris [Dec.
10, 1898] which is the cession of the Phil
Islands by Spain to the United States; (2)
Treaty between Spain and US at Washington
[Nov 7, 1900] covering Cagayan, Sulu and
Sibuto); (iii) Treaty between Us and Great
Britain [Jan 2, 1930] over Turtle and Mangsee
Islands
 GOVERNMENT
• The agency or instrumentality through which the will of the State is
formulated, expressed and realized (US v. Dorr, 2 Phil 332)
• Mandate of government: “To promote the welfare of the people.
• Our constitution requires our government to be democratic and
republican
• Sec.1 Art. II, 1987 Constitution: The Philippines is a Democratic and
Republican State. Sovereignty resides from the people and all
authority emanates from them.
• Republican: One wherein all government authority emanates from
the people and is exercised by representative chosen by the people
• Democratic: This emphasizes that the Philippines has some aspects
of direct democracy
 GOVERNMENT
• Functions:
1) Constituents – mandatory for the government to
perform because they constitute the very bond
of the society, such as the maintenance of peace
and order, regulation of property and property
rights, the administration of justice, etc.
2) Ministrant, those intended to promote the
welfare, progress and prosperity of the people
such as public works, public charity, and
regulation of trade and industry and which are
merely optional for the government to perform.
 GOVERNMENT
• Doctrine of parens patriae.
– Literally parent of the people. As such the
government may act as guardian of the rights of
people who may be disadvantaged or suffering
from some disability or misfortune
 GOVERNMENT
• Classifications:
(1) De jure vs. De facto Governments
(2) Presidential vs Parliamentary Governments
(3) Unitary vs. Federal Government
 GOVERNMENT
(1) A de jure government is the legal, legitimate
government of a state and is so recognized by
other states. In contrast, a de facto government
is in actual possession of authority and control
of the state.
For example, a government that has been
overthrown and has moved to another state
will attain de jure status if other nations
refuse to accept the legitimacy of the
revolutionary government.
 GOVERNMENT
The presidential model, sometimes called a
“congressional system,” was invented in the U.S.
in 1787.
The parliamentary system, sometimes called a
“cabinet government” may also be
a constitutional monarchy. A constitutional
monarchy retains the king or queen in the role
of head of state, but their power is almost
exclusively ceremonial.
 GOVERNMENT
• Federal government is a type of national
government in which government have
powers to delegates the power to other
elected member of the states.
• Unitary government is a kind of government
system in which a single power, which is
known as the central government, controls
the whole government.
 GOVERNMENT
• As to number of persons exercising sovereign
powers
1) Monarchy – one in which the supreme
and final authority is in the hands of a single
person.
2) Aristocracy – one in which political
power is exercised by a few privileged class
3) Democracy – one in which political
power is exercised by a majority of people.
 SOVEREINTY
• The supreme power of the state to command and
enforce obedience to its will from people and to
have freedom from foreign control
• Kinds:
– Legal: power to issue final command or Political: the
sum total of all influences which lie behind the law
– Internal: the supreme power over everything within
its territory or External: otherwise known as
independence or freedom from external control
 SOVEREINTY
• Characteristics: Permanence; exclusiveness,
comprehensiveness, absoluteness,
indivisibility, inalienability, imprescriptibility
(Laurel v. Misa, 77 Phil. 856)
• Effects of Change of sovereignty: Political laws
are abrogated (Pp v. Perfecto, 43 Phil 887);
Municipal laws remain in force (Vilas v. City of
Manila, 228 US 335)
 Sovereignty vs. Independence
• Sovereignty is a broader concept. It has two
aspects
– Internal: freedom of the State to manage its own
affairs; implement its own laws throughout the
country
– External: freedom of the State to direct its foreign
affairs
• Independence is synonymous with External
Sovereignty. It is defined as the power of the
State to manage its external affairs without the
inference from another State
 DUTIES OF THE STATE
• Peace and order
• Political harmony (good laws)
• Social Justice
• Economic development
 INTRODUCTION TO PHILIPPINE
GOVERNMENT
POLITICAL LAW, Definition:
Branch of public law which deals with
organization and operations of the
governmental organs of the State and defines
relation of the State with the inhabitants of its
territory (People vs. Perfecto, 43 Phil. 887;
Macariola vs, Asuncion, 114 SCRA 77)
 PUBLIC LAW
• A legislative enactment affecting the public at
large
• A branch of law concerned with regulating the
relations of individuals with government and
the organization and conduct of the
government itself
 CONSTITUTIONAL LAW
The study and maintenance of the proper
balance between authority as represented by
the three inherent powers of the state and
liberty as guaranteed by the Bill of rights
 ADMINISTRATIVE LAW
That branch of public law which fixes the
organization of government, determines
competence of the administrative authorities
who execute law, and indicates to the individual
remedies for violation of his rights.
 CONSTITUTION
The body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised

With particular reference to the Constitution of the

Philippines, that written instruments enacted by direct
action of the people by which the fundamental powers of
the government are established, limited and defined, and
by which those powers are distributed among several
departments for their safe exercise for the benefit of the
body politic.
 CONSTITUTION
• A constitution is a system for government, codified as a written
document, which contains fundamental laws and principles. It
usually contains fundamental political principles, and establishes
the structure, procedures, powers and duties, of a government. The
Constitution of the Philippines is the supreme law of the
Philippines.
• The Constitution currently in effect was enacted in 1987, during the
administration of President Corazon C. Aquino, and is popularly
known as the "1987 Constitution―. Philippine constitutional law
experts recognize three other previous constitutions as having
effectively governed the country — the 1935 Commonwealth
Constitution, the 1973 Constitution, and the 1986 Freedom
Constitution. Constitutions for the Philippines were also drafted and
adopted during the short-lived governments of Presidents Emilio
Aguinaldo (1898)and José P. Laurel (1943)
 CONSTITUTION, NATURE & PURPOSE
To prescribe the permanent framework of a
system of government, to assign to several
departments their respective powers and duties,
and to establish certain principles on which the
government is founded
 CONSTITUTION, NATURE & PURPOSE
• Nature and purpose of Constitution 1) It
serves as the supreme or fundamental law 2)
It establishes basic framework and underlying
principles of government Constitutional Law
Body of law derived from country's written
constitution.
• It lays down and guides the duties and powers
of the government, and the duties and rights
of its citizens and residents.
 CONSTITUTION, CLASSIFICATION
1. As to form: Written or unwritten
2. As to origin and history: Enacted
(Conventional) or Evolved (Cumulative)
3. As to manner of amending them: Rigid or
Flexible
 WRITTEN OR UNWRITTEN
A written constitution is one whose precepts are
embodied in one document or sets of documents

An unwritten constitution consists of rules which

have not been integrated into a single, concrete
form but are scattered in various sources, such as
statutes of a fundamental character, judicial
decisions, commentaries of publicists, customs and
traditions, and certain common law principles
 ENACTED (CONVENTIONAL) OR
EVOLVED (CUMULATIVE)
A conventional constitution is enacted, formally
struck off at a definite time and place following
a conscious deliberate effort taken by
constituent body or ruler

A cumulative constitution is the result of

political evolution, not inaugurated at any
specific time but changing by accretion rather
than by any systematic method
 RIGID OR FLEXIBLE
A rigid constitution is one that can be amended
only by formal and usually difficult process

A flexible constitution is one that can be

changed by ordinary legislation
 CONSTITUTION V. STATUTE
1. Constitution is a legislation direct from the
people2. Constitution merely states the general
framework of the law3. Constitution is intended not
merely to meet existing conditions but to govern
the future4. Constitution is the supreme or
fundamental law Statute 1. Is a legislation from the
people’s representatives. 2. It provides the details
of the subject of which it treats 3. Is intended
primarily to meet existing conditions only 4.
Statute conforms to Constitution.
 Parts of the 1987 Constitution
• The Constitution is divided into 18 parts, excluding the
Preamble, which are called Articles.
• The Articles are as follows: Article I - National Territory
Article II - Declaration of Principles and State Policies Article
III - Bill of Rights Article IV - Citizenship Article V - Suffrage
Article VI - Legislative Department Article VII - Executive
Department Article VIII - Judicial Department Article IX -
Constitutional Commission Article X - Local Government
Article XI - Accountability of Public Officers Article XII -
National Economy and Patrimony Article XIII - Social Justice
and Human Rights Article XIV - Education, Science and
Technology, Arts, Culture and Sports Article XV - The Family
Article XVI - General Provisions Article XVII - Amendments
or Revisions Article XVIII - Transitory Provisions
Preamble of the 1987 Constitution
• The Preamble reads: "We, the sovereign Filipino
people, imploring the aid of Almighty God, in
order to build a just and humane society, and
establish government that shall embody our
ideals and aspirations, promote the common
good, conserve and develop our patrimony, and
secure to ourselves and our posterity, the
blessings of independence and democracy under
the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and
promulgate this Constitution.
 Significant features of the 1987
Constitution
• The Constitution establishes the Philippines as a
"democratic and republican State", where "sovereignty
resides in the people and all government authority
emanates from them". (Section 1, Article II) Consistent
with the doctrine of separation of powers, the powers
of the national government are exercised in main by
three branches —the executive branch headed by the
President, the legislative branch composed of Congress
and the judicial branch with the Supreme Court
occupying the highest tier of the judiciary. Section 1.
Article 2. The Philippines is a democratic and
republican State. Sovereignty resides in the people and
all government authority emanates from them.
 Historical Constitution
• Malolos Constitution (1899)
• Commonwealth and Third Republic (1935)
• Japanese Sponsored Republic (1943)
• Martial Law Constitution (1973)
• Freedom Constitution
 Malolos Constitution (1899): First
Republic
• The Malolos Constitution was the first republican
constitution in Asia. It declared that sovereignty resides
exclusively in the people, stated basic civil rights,
separated the church and state, and called for the
creation of an Assembly of Representatives to act as
the legislative body. It also called for a Presidential
form of government with the president elected for a
term of four years by a majority of the Assembly. It was
titled "Constitución political", and was written in
Spanish following the declaration of independence
from Spain, proclaimed on January 20, 1899, and was
enacted and ratified by the Malolos Congress, a
Congress held in Malolos, Bulacan
 Commonwealth and Third Republic:
1935 Constitution
• The 1935 Constitution was written in
1934,approved and adopted by the
Commonwealth of the Philippines (1935–1946)
and later used by the Third Republic of the
Philippines (1946–1972). It was written with an
eye to meeting the approval of the United States
Government as well, so as to ensure that the U.S.
would live up to its promise to grant the
Philippines independence and not have premise
to hold onto its possession on the grounds that it
was too politically immature and hence unready
for full, real independence.
 Japanese Sponsored Republic (1943)
Second Philippine Republic
• The 1943 Constitution of the Republic of the Philippines , composed
of a preamble and twelve articles, creates a Republican state with a
powerful executive branch and subordinate legislative and judicial
branches.
• The executive power is vested in the President, who is to be elected
by the members of the National Assembly from among themselves.
The President is the head of government, and commander-in-chief
of the Armed Forces.
• The powers of the President are: to veto any bill of the Assembly, to
promulgate regulations when the Assembly is not in session and in
times of war or national emergency, to declare martial law, to
suspend the privilege of the writ of habeas corpus, and to appoint
the members of the Council of State and officials of the local
government. A limited legislative powers exercised by the
unicameral National Assembly whose members, like the President,
are not directly elected by the people.
 Japanese Sponsored Republic (1943)
Second Philippine Republic
• Rather, the Assembly, is to be composed of
representatives from each province elected in
Kalibapi conventions throughout the country
with appointed governors and mayors as ex-
officio members. The judicial power is
exercised by the Supreme Court whose
justices, together with judges of lower courts,
are to be appointed by the President.
 Martial Law Constitution: 1973
Constitution of the Philippines
• The 1973 Constitution, promulgated after Marcos
declaration of martial law, was supposed to
introduce a parliamentary-style government.
Legislative power was vested in a National
Assembly whose members were elected for six-
year terms. The President was ideally supposed
to be elected as the symbolic and purely
ceremonial head of state from the Members of
the National Assembly for a six-year term and
could be re-elected to an unlimited number of
terms.
 Freedom Constitution: 1987
Constitution of the Philippines
• Following the EDSA People Power Revolution that
removed President Ferdinand E. Marcos from
office, the new President, Corazon C. Aquino
issued Proclamation No. 3 as a provisional
constitution.
• It adopted certain provisions from the 1973
constitution and granted the President broad
powers to reorganize the government and
remove officials from office, and mandated that
the president would appoint a commission to
draft a new constitution.
 Basic Principles Underlying the 1987
Constitution
1) Recognition of the Aid of Almighty God
2) Sovereignty of the People
3) Renunciation of war as an instrument of national policy
4) Supremacy of civilian authority over the military
5) Separation of Church and State
6) Recognition of the importance of the family as basic social institution and of the vital role of
youth in nation building
7) Guarantee of human rights
8) Government through suffrage
9) Separation of Power
10) Independence of Judiciary
11) Guarantee of local autonomy
12) High sense of public service morality and accountability
13) Nationalization of natural resources and certain private enterprises affected by public Interest
14) Non – suability of the state
15) Rule of the majority; and
16) Government of laws and not men.