COLLEGE OF ARCHITECTURE

UNIVERSITY OF SANTO TOMAS ESPAA, MANILA

PHILIPPINE GOVERNMENT AND CONSTITUTION Course Outline 2nd Semester 2010 2011
COURSE OBJECTIVES: To provide the students citizenship education through the study of Philippine government and constitution To study the dynamics of the Philippines as a democratic and republican government To help students to understand and appreciate the 1987 Constitution as the fundamental charter of the land To enable the students formulate their own perspectives and responses to the pressing issues of the times

COURSE EXPECTATIONS: To maximize the benefits of and to, hopefully, pass the course, students, at the very outset, are expected: To have an average familiarity with Philippine history To possess an updated awareness of current events To have made, at least, an initial reading of the text of the Philippine Constitution To be willing to share their insights on issues during small group and plenary class discussions To be ready to accomplish and turn in their requirements on time To be prepared to comply with the reading assignments To be capable of exercising independence in thinking and of engaging in meaningful discussion of the issues to be taken up in the class

TEACHING / LEARNING PARAMETERS: The class shall treat the Constitution as a living text, that is, open to both questions and answers. Consistent with our advocacy of democracy, the class shall also adopt a democratic approach to learning through the use of small group and plenary discussions. At the outset, the class will be divided into permanent discussion groups. Each discussion group is responsible for nursing the topic/s assigned to / chosen by them. Oral and written, individual and group exercises shall be employed as tools of assessment. There will be a short written quiz and/or oral recitation each meeting to ensure readiness for the days discussion. Each meeting, the class shall commence with a brief oral presentation from the group/s of the day. The class shall promote problem-posing and problem-solving approaches to learning. Independent research/study for groups and individuals is highly encouraged. The study of the constitution will be issue-oriented and infused with both local and global perspectives.

CLASROOM PROTOCOLS: Basic classroom decorum (see Student Handbook) Absences beyond 7 mean WP. Three counts of tardiness are equal to one absence. 1

Special quiz or recitation is given only on exceptional cases. REQUIREMENTS: Recitation Group activities Quizzes Major exams Paper GRADING SYSTEM: Class standing Major exams (prelim / final) Major paper COURSE OUTLINE: Prelim Grading Period Day 1 Week 1 Orientation To provide an overview of the course. PGC and Citizenship Education OBJECTIVES: To make a cursory mapping of Philippine political landscape To identify key political issues affecting Philippine state To introduce the concept of citizenship education as a paradigm of understanding Philippine politics and constitution QUESTION: How do we understand the statement, What is personal is also political.? TOPICS: General definition of citizenship education Citizenship education according to the constitution Philosophical underpinnings of citizenship The strict legal meaning of citizenship The broader meaning of citizenship REFERENCE: Art. II, Sec. 3-5, Sec. 9 28; Art. III; Art. IV; Art. XIII; Art. XIV; Art. XV READING: Citizenship Education for the 21st Century in http://www.unesco.org/education/tlsf/TLSF/theme_b/mod07/mod07task03/a ppendix.htm Week 2 Research Break Things to do: Watch Batas Militar in Youtube (11 parts) Read the 1987 Constitution Plan / consolidate preliminary work for research Checking out, gathering, browsing of readings Week 3 Historical Background of the 1987 Constitution OBJECTIVES: To trace the key historical events which led to the creation of the 1987 Constitution To deepen the students understanding of constitution 2 50% 30% 20% (10% oral + 10% written)

To highlight the significance of the constitution in the political life of modern state QUESTION: Is the state of Philippine politics reflective of a leadership crisis or citizenship crisis? TOPICS: Meaning of constitution The relation between the constitution and the modern political state The different previous Philippine constitutions and their impact on the development Philippine government Historical precedents of the 1987 Constitution (key players, key events) The distinction between nation, state and government in the light of Philippine history Watersheds in the history of Philippine government Different forms of government in the context of Philippine history REFERENCE: Preamble of 1987 Constitution; Art. II, Sec. 1-2, 7-8 READINGS: 1899, 1935, 1943, 1973, 1986 Constitutions in http://www.chanrobles.com/philsupremelaw1.htm Week 4 Democracy, Government and Constitution (Part I) OBJECTIVES: To discuss the proper understanding of democracy To trace the development of democratic tradition in the Philippines To study democracy Philippine-style as reflected in the constitution QUESTION: How do we describe democracy Philippine style? What are its features, strengths and weaknesses? TOPICS: Meaning of democracy Major stages of the evolution of democracy in the Philippines Key features of democracy in the Philippines Military and democracy The role of media Other democratic institutions REFERENCE: Art. III; Art. V; Art. VI, Sec. 16, par. 5, Sec. 19, Sec. 23, par. 1, Sec. 27, par. 1, Sec. 32; Art. VIII, Sec.4, par. 2-3; Art. X. Sec. 3, 10, 11, 18; Art. IX; Art. XI; Art. XIII, Sec. 15-19; Art. XVI, Sec. 11; Art. XVI, Sec. 4-3; Art. XVII, Sec. 1-2 READING: Philippine Democracy: Alive but is it well? in http://opinion.inquirer.net/viewpoints/columns/view/20100511269336/Philippine-Democracy-Alive-but-is-it-well Week 5 Democracy, Government and Constitution (Part II) OBJECTIVES: To discuss the form of government in the Philippines To discuss the relationship of governance and public accountability To identify key issues of governance / government in the Philippines QUESTION: What is the key to a corruption-free government? TOPICS: The features of presidential form of government The role of the different branches of government Governance and bureaucracy Public accountability 3

The issue of regional autonomy Devolution of local government People power and Philippine government REFERENCE: Art. II, Sec.1,4; Art VI-VIII; Art. X; Art. XI READING: RP up a bit in corruption index in http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101028300174/RP-up-a-bit-in-corruption-index PRELIM EXAM Week 6 The Constitution and the Economy OBJECTIVES: To conduct a cursory mapping of the state of the economy of the country To identify key economic provisions of the Constitution To identify key problems and how we, as citizens, can contribute to their solutions QUESTION: What ails our economy? TOPICS: Agrarian economy The role of the private sector Social and human development Labor Foreign investment The population and economy REFERENCE: Preamble; Art. II, Sec. 7-28; Art. XII; Art. XIII; Art. XIV, Art. XVI, Sec. 9-11 READINGS: Philippines slips in global prosperity index in http://www.newsbreak.ph/2010/11/03/philippines-slips-in-global-prosperityindex/ Low human development reflects MDG failure in http://www.undp.org.ph/? link=news&news_id=417&fa=1 2010 Human Development Report analyses long-term development trends in http://content.undp.org/go/newsroom/2010/november/undp-launches-2010human-development-report-analysing-long-term-development-trends.en Summary of 2010 Human Development Report in http://www.undp.org/publications/hdr2010/en/HDR_2010_EN_Summary.pdf Week 7 Constitution, Education and Culture OBJECTIVES: To examine key provisions of the Constitution on education and culture To identify issues related to education and culture To determine the importance of education and culture in the democratic growth of Philippine nation QUESTION: What is the role of education and culture in promoting democracy and nation-building? TOPICS: 4

The relation between education, culture and citizenship Problems related with education and culture Language Youth and family Sustainable development REFERENCE: Art. II, Sec. 11-14; Art. XIII; Art. XIV; Art. XV READINGS: RP far behind goals to lift plight of children, mothers in http://pcij.org/stories/rp-far-behind-goals-to-lift-plight-of-children-mothers/ The Crisis of Public Education in the Philippines in http://www.fnf.org.ph/liberalopinion/crisis-public-education-philippines.htm Education crisis looms in http://www.manilatimes.net/national/2009/may/21/yehey/top_stories/20090 521top1.html Department of Education: When reforms dont transform in http://hdn.org.ph/wp-content/uploads/2009/05/chapter-2-department-ofeducation-when-reforms-dont-transform.pdf The Labor Exporting State: Migration and Higher Education in the Philippines in http://www.allacademic.com//meta/p_mla_apa_research_citation/1/9/7/3/8/ pages197380/p197380-1.php Week 8 Global Perspectives on Philippine Politics OBJECTIVES: To examine how the Philippines situates itself vis a vis the current trends of global politics To see how the Philippine government directs itself in relation with its global counterparts To understand the future of Philippine politics in the age of globalization QUESTION: How do we describe the Philippines position in global politics? (How does the country view itself in relation with other states? How do they view us?) TOPICS: Sovereignty and Globalization Terrorism Environment Economy and democracy Philippines foreign relations / policies REFERENCE: Art. I; Art. II, Sec.1-2, 8,18,24,27; Art. III; Art. VII, Sec. 21; Art. XII; Art. XIII, Sec. 1-3 READING: PNP, DND, intel agency notified of the terror info in http://ph.news.yahoo.com/star/20101109/tph-pnp-dnd-intel-agency-notifiedterror-541dfb4.html Week 9 Constitution: Cure or Problem? OBJECTIVES: To take a look at the on-going debate on the issue of constitutional change To see the previous attempts to change the constitution To formulate informed perspective on the issue QUESTION: Is there a genuine need to change the Constitution? 5

TOPICS: Strengths and weaknesses of the constitution Past efforts to the change the constitution; their merits and demerits Key reasons behind the campaign for constitutional change Prospects and alternatives REFERENCE: Art. XVII READINGS: Philippine Constitution and Charter Change in http://sites.google.com/site/ipeoteam2010/philippine-constitution-andcharter-change The Philippines Foreign Relations: Threats and Opportunities in http://www.iseas.edu.sg/viewpoint/rcs28nov03.pdf Week 10 Synthesis FINAL EXAM GUIDELINES FOR GROUP WORK: 1. Each group shall select a topic or issue related with a topic. The issue or topic must be based on the text of the Constitution. The group is expected to be able to do this during research break. 2. At the beginning of each lecture, one or two groups shall give an overview of their report (from Abstract to Justification). 3. For the prelim grading period, each group is expected to complete the initial part of its report (from Abstract to Justification). Prelim exam consists of the oral defense of the said part. 4. For the final grading period, the group is expected to complete the entire report. Final exam consists of the oral defense of the entire paper. 5. Structure of the report: Abstract Objectives Question Justification or Background of the Study Discussion Conclusion Recommendations REFERENCES: Books Abinales, Patricio and Donna J. Amoroso. State and Government in the Philippines. New York: Rowman and Littlefield Publishers, 2005. Adams, Ian. Fifty Major Political Thinkers. London: Routledge, 2003. Agoncillo, Teodoro. History of the Filipino People. Manila: Garotech Publishing, 1990. Anvil Law Books Series. The Constitutions of the Philippines. Pasig City: Anvil Publishing Inc., 2005 Busto, Arellano S. (Comp.) Constitution of the Republic of the Philippines. Manila: AVB Printing Press, 2005. David, Randolf. Nation, Self and Citizenship. Quezon City: University of the Philippines, 2002. De Leon, Hector S. Textbook on Philippine Constitution. Quezon City: Rex Publishing Co., Inc., 2005. Morada, Noel et al. Philippine Politics and Governance: An Introduction. Quezon City: University of the Philippines, 2006. Online Articles (see above) 6

FUNCTION OF POLITICAL SCIENCE

to discover the principles that should beadhered to in public affairs to study the operations of governmentin order to demonstrate what is good, tocriticize what is bad or inefficient, andto suggest improvements IMPORTANCE OF THE STUDY OFPOLITICAL SCIENCE useful to constitution-makers, legislators,executives and judges who need models or norms that can be applied to immediatesituations useful to individuals who seek to understandthe state in which they live GOALS IN THE STUDY OF POLITICALSCIENCE COURSES Education for Citizenship Essential parts of liberal education Knowledge and understanding of government Government, political organization comprising theindividuals and institutions authorized to formulate public policies and conduct affairs of state. State -A community of persons, more or lessnumerous, permanently occupying a fixed territoryand possessed of an independent governmentorganised for political ends to which the great bodyof inhabitants render habitual obedience. ELEMENTS OF STATE1 . P E O P L E inhabitants of the state Community of persons sufficient in no . &capable of maintaining the continuedexistence of the community & held together by a common bond of law Doesnt matter if they possess diverse racial,cultural or economic interests 2.GOVERNMENT a. T h e a g e n c y o r i n s t r u m e n t a l i t y , t h r o u g h which the will of the state is formulated,expressed and realized. b.the institution or aggregate of institutions bywhich an independent society makes andcarries out those rules of action which arenecessary to enable men to live in a social State, or which are imposed upon the peopleforming that society by those who possess the power or authority of prescribing them. 3. TERRITORY -fixed portion of the surfaceof the earth, inhabited by the people of the state. The territory must not be too small asto be unable to provide for the needs of the people; nor 7

should it be too large as to bed i f f i c u l t t o a d m i n i s t e r . T h e t e r r i t o r y c a n extend to over a vast expanse, like China or Russia, or be as small as Abu Dhabi. COMPONENTS OF TERRITORY a. terrestrial domain-the land mass maritime or fluvial domaininland and external watersaerial domain- the air space above the land and water. 4. SOVEREIGNTY means the supreme, uncontrollable power,the absolute right to govern. The supreme will of the State, the power tomake laws, and enforce them by all themeans of coercion it cares to employ. Legal sovereignty: power to adapt/alter theconstitution or supreme power to make lawsvs. Political sovereignty: sum total of all theinfluences in a state, legal & non-legal w/cdetermine the course of law THEORIES OF THE ORIGIN OF STATE 1. Voluntaristic theories said that at some point in their history, certain peoplesspontaneously rationally and voluntarilygave up their individual sovereignties andunited with other communities to form alarger political unit deserving to be called astate. a. "automatic" theory . According to thistheory, the invention of agricultureautomatically brought into being a surplus of food, enabling some individuals to divorcethemselves from food production and to become potters, weavers, smiths, masons,and so on, thus creating an extensivedivision of labor. 2. Coercive Theories A close examination of history indicates that only a coercive theorycan account for the rise of the state. Forceand not enlightened self-interest. is themechanism by which political evolution hasled. step by step, from autonomous villagesto the state. 3. Social contract theory provides therationale behind the historically importantnotion that legitimate state authority must bederived from the consent of the governed. STATE, AS DISTINGUISHED FROM NATION The state pertains to a legal concept, while the nationrefers to a racial or ethnic concept. AS DISTINGUISHED FROM GOVERNMENT The government is only an element of the state. Thegovernment is an agent, and the State is the principal.The government externalizes the will of the State. FUNCTIONS OF GOVERNMENT The government performs two functions theconstituent and the ministrant .

CONSTITUENT - c o n s t i t u t e t h e b o n d s o f society. Constituent functions consist of fixing of legal relations between husbandand wife, parents and children; keeping of o r d e r a n d p r o v i d i n g p r o t e c t i o n f r o m v i o l e n c e ; r e g u l a t i o n o f t h e h o l d i n g , transmission and interchange of property;determination of liabilities for debt or crime;determination of contractual rights betweenindividuals; definition and punishment of c r i m e s , a d m i n i s t r a t i o n o f j u s t i 8

c e i n c i v i l cases; administration of political duties, p r i v i l e g e s , a n d r e l a t i o n s o f c i t i z e n s , a n d dealings of the state with foreign powers, preservation of state from external dangers,a n d t h e a d v a n c e m e n t o f i n t e r n a t i o n a l interests. 2. MINISTRANT functions-are those taken toadvance the general interests of society s u c h a s p u b l i c w o r k s , p u b l i c c h a r i t y , regulation of trade and industry. FORMS OF GOVERNMENT: DE Jure and DeFacto governments A de jure government has rightful title but no power or control, because it may have been withdrawn or ithas not yet actually entered into exercise. On theother hand, a de facto government is a government of factit actually exercises power or control, but hasno legal title. WHAT IS A CONSTITUTION? A Constitution is the fundamental organiclaw of a State which contains the principleson which the government is founded andregulates the division and exercise of sovereign powers. A body of rules and maxims in accordancewith which the powers of sovereignty arehabitually exercised. THE SUPREMACY OF THE CONSTITUTION The Constitution is the most basic and most paramount law to which all other laws must conformand to which all persons including the higher officialsof the land must defer. No act shall be valid however noble its intentions if it is in conflict with theConstitution. The Constitution must reign supreme. IMPORTANCE, NATURE AND PURPOSE OFCONSTITUTION 1. The people exercise d control of their government primarily through theConstitution which protects from unjustexercise of governmental power and through periodic elections by means of which theychoose the officers to represent them.2.A constitution is the supreme or fundamentallaw creating the government having beenenacted by the people themselves. 3. The purpose of the constitution is to drawframework or general outline of the systemof the government and to specific therespective powers and functions of thevarious branches of government comprisingthis framework. KINDS/CLASSIFICATION of CONSTITUTIONAs to their origin and history Conventional or enacted one which isenacted by a constituent assembly or granted by a monarch to his subjects Cumulative or evolved-one which is the product of growth or a long period of development originating in customs,traditions, judicial decisions rather than fromdeliberate and formal enactment As to their form: Written-one which has been given definitewritten form at a particular time usually by aspecially constituted authority calledconstitutional convention Unwritten-one which is entirely the productof political evolution ,consisting largely of amass of customs, usages and judicialdecisions together with a smaller body of statutory enactments of a fundamentalcharacter, usually bearing different dates As to manner of amending them: Rigid or inelastic-one regarded as adocument of a special sanctity which cannot be amended or altered except by somespecial machinery more cumbrous than theordinary legislative process. 9

Flexible or elastic-one which possess nohigher legal authority than ordinary laws andwhich may be altered in the same way asother laws. CONSTIUTUTION DISTINGUISHED FORMSTATUTE 1 . A c o n s t i t u t i o n i s a l a w g i v e \ n d i r e c t l y by the people while a statute is enacted by the peoples representative2.A constitution is the fundamental law of the state on which all other laws or statute are based B A S I C P R I N C I P L E S U N D E R L Y I N G O U R CONSTITUTION Recognition of the Almighty God Sovereignity of the people Supremacy of civilian authorityover the military Separation of Church and State Guarantee of human rights Government through suffrage Separation of powers Independence of the judiciary Rule of the majority Government of laws and not of men.

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