Political Science

Government &
Constitution

Political Science

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 Science is the systematic

study of the state and government.
The word political is derived from the
Greek polis, meaning a city, of what
today would be equivalent of
sovereign state.
Science comes from the Latin scire,
to know

Scope of Political Science:

1. Political theory
2. Public Law
3. Public Administration

Political Theory
It refers to the entire body of
doctrines relating to the origin,
form, behaviour, and purposes
of the state are dealt with the
study of political theory.

Public Law the (a)

organization of governments, (b)
the limitations upon government
authority, (c) the powers and
duties of governmental offices
and officers, and (d) the
obligations of one state to
another are handled in the study
of public law.

Private Laws are the one which

govern the relations among
individuals, public law is so
specialized that separate courses
offered in each of its subdivisions,
namely: (a) constitutional law, (b)
administrative law, and (c)
international Law.

Public Administration attention is focused upon

methods and techniques used
in the actual management of
the state affairs by executive,
legislative, and judicial
branches of government.

Relationship of Political
Science with Other Branches
of Learning

Relationship of Political Science

with Other Branches of
Learning

HISTORY

History is past politics and politics is

present history.
Political Scientist adopts a historical
approach and employs knowledge of the
past when he seeks to interpret present and
probable developments in political
phenomena.

ECONOMICS
Refers to the study of production,

distribution, and conservation, and

consumption of wealth.
Political Scientist adopts an economic
approach when seeking to interpret matters
like public financial policies and government
regulation of business.

GEOGRAPHY AND GEOPOLICTICS

It is concerned with the study of the

influences of physical factors such as
population pressures, sources of raw
materials, geography, etc. Upon domestic
and foreign politics.

SOCIOLOGY AND ANTHROPOLOGY

It is deeply concerned with the origins

and nature of social control and

governmental authority, with the
abiding influences of race and culture
upon society, & with the patterns of
collective human behavior.

PSYCHOLOGY

It promotes studies of the mental and

emotional processes motivating the

political behavior of individuals and
groups. Particular topics under this are:
public opinion, pressure groups, and
propaganda.

PHILOSOPHY

The concepts and doctrines of Plato,

Aristotle & Locke are important to the

specialist in academic philosophy and
also to the political scientist.

STATISTICS AND LOGIC

Political theorist must have abroad

background & knowledge of current

political problems and he must employ
scientific methods in gathering and
evaluating the data & in drawing
conclusions.

JURISPRUDENCE

This branch of public law is concerned

with the analysis of existing legal

systems & also with the ethical,
historical, sociological, & psychological
foundations of law.

CONCEPT OF STATE

MEANING OF STATE
A community of persons more or less

numerous, permanently occupying a

definite portion of territory, having a
government of their own to which the
great body of inhabitants render
obedience, and enjoying freedom from
external control.

ELEMENTS OF STATE

1. People
2. Territory
3. Government
4. Sovereignty
5. Recognition

PEOPLE

This refers to the mass of population living

within the state.

There is no requirement as to the number of
people that should compose a state.
But it should be neither too small nor too
large: small enough to be well-governed and
large enough to be self-sufficing.

TERRITORY

1. Terrestrial (land mass)

2. Aerial (air space)
3. Fluvial (rivers and streams)
4. Maritime Domain (related to the sea/s)

GOVERNMENT

It refers to the agency through which the will

of the state is formulated, expressed and

carried out.

SOVEREIGNTY

It is the supreme power of the state to

command and enforce obedience to its will

from people within its jurisdiction, and to
have freedom from foreign control.

MANIFESTATIONS OF SOVEREIGNTY

1. Internal or the power of the state to rule

within its territory;
2. External or the freedom of the state to
carry out its activities without subjection or
control by other states. External sovereignty
is often referred to as independence.

RECOGNITION
1.Legal sovereignty is the possession of
unlimited power to make laws. It is the
authority by which law has the power to
issue commands.
2.Political sovereignty is the sum total of all
the influences in a state which lie behind
the law. It is roughly defined as the power
of the people.

IMPERIUM

The right of the State to pass or enact its

own laws and employ force to secure

obedience thereto, maintain peace and
order within its territorial limits, defend the
State against foreign invasion, and do any
other act of government over its people and
territory.

DOMINIUM

Refers to the independent proprietary right

of possession, use, conservation,

disposition or sale, and control by the State
over its territorial lands.

Characteristics of Sovereignty
1. Permanence;
2. Exclusivity;
3. Comprehensiveness;
4. Absoluteness;
5. Individuality;
6. Inalienability; and
7. Imprescritibility

1. Permanence means it exist in the same form

forever or for a very long time.
2. Exclusivity means it is limited to a group of
people.
3. Comprehensiveness means including
everything, so as to be complete
comprehensive knowledge of the subject.
4. Absoluteness means possessing unlimited
power: having total power and authority.

5. Individuality means the state or

condition of being separate from others.

6. Inalienability means it is impossible to
take away or not able to be transferred or
taken away, e.g. because of being protected
by law.
7. Imprescribility it means not to be taken
away or impossible to remove or violate the
people's imprescriptible rights.

FORMS OF GOVERNMENT

PRINCIPAL FORMS OF GOVERNMENT

1. As to number of persons exercising
sovereign powers;
2. As to extent of powers exercised by the
central or national government;
3. As to relationship between the executive
and the legislative branches of the
government;
4. As to source of power or authority:

1. As to number of persons
exercising sovereign powers
A. Government by one
A1) Monarchy or one in which the supreme
and final authority is in the hands of a single
person without regard to the source of his
election or the nature or duration of his
tenure. Monarchs include such rulers as
kings and queens, emperors and
empresses, tsars, and kaisers.

TYPES OF MONARCHY
1. Absolute Monarchy or one in which the
ruler rules by divine right; and
2. Limited monarchy or one in which the
ruler rules in accordance with a
constitution.The power of the monarch varies
from absolute to very limited; the latter is
exemplified in modern-day constitutional
monarchies, e.g., UK.

1. As to number of persons
exercising sovereign powers
A2 Authoritarian or one in which the supreme
power of the dictator whose power is usually
through force.
1. strict and demanding obedience: favoring
strict rules and established authority;
2. demanding political obedience: belonging to
or believing in a political system in which
obedience to the ruling person or group is
strongly enforced.

GOVERNMENT BY FEW
Aristocracy or one in which political power is exercised by
few privileged class.
1. people of highest social class: people of noble families
or the highest social class
2. superior group: a group believed to be superior to all
others of the same kind
3. government by elite: government of a country by a small
group of people, especially a hereditary nobility
4. state run by elite: a state governed by an aristocracy.

GOVERNMENT BY FEW
Oligarchy
1. small governing group: a small group of people who
together govern a nation or control an organization, often
for their own purposes;
2. entity ruled by oligarchy: a nation governed or an
organization controlled by an oligarchy;
3. government by small group: government or control by a
small group of people.

GOVERNMENT BY FEW
Sources of their power:
1. By birth
2. By wealth
3. By wisdom
In an aristocracy, although the power of government is

wielded by a few, theoretically the administration of

government is carried on for the welfare of the many.
Whenever the interests of the people as a whole are
made subservient to the selfish interests of the rulers,
aristocracy becomes a form of government known as
oligarchy.

GOVERNMENT BY MANY
Democracy or one in which political power is exercised by the
majority of the people. It is further classified into:
Direct or pure democracy or one in which the will of the
state is formulated or expressed directly and immediately
through the people in a mass meeting or primary assembly
rather than through the medium of representatives chosen
by the people to act for them.
Indirect, representative or republican democracy or one in
which the will of the state is formulated and expressed
through the agency of a relatively small and select body of
persons chosen by the people to act as their
representatives.

2. As to extent of powers exercised by the

central or national government
Unitary government or one in which the
control of national and local affairs is
exercised by the national government;
Federal government or one in which the
powers of government are divided between
two sets of organs, one for national affairs
and the other for local affairs, each organ
being supreme within its own sphere.

Difference between Unitary and Federal

Countries with federal political systems have

both a central government and governments

based in smaller political units, usually called
states, provinces, or territories.
These smaller political units surrender some
of their political power to the central
government, relying on it to act for the
common good.

Difference between Unitary and Federal

In a federal system, laws are made both by

state, provincial, or territorial governments

and by a central government.
In the United States, for example, people
who live in the state of Ohio must obey the
laws made by the Ohio legislature and the
Congress of the United States.

Difference between Unitary and Federal

Federal political systems divide power and

resources between central and regional

governments.
Central governments decide issues that
concern the whole country, such as
organizing an army, building major roads,
and making treaties with other countries.

Difference between Unitary and Federal

In unitary systems, with laws giving virtually

all authority to the central government.

The central government may delegate duties
to cities or other administrative units, but it
retains final authority and can retract any
tasks it has delegated.
The central government in a unitary
system is much more powerful than the
central government in a federal system.

3. As to relationship between
the executive and the legislative:
Parliamentary government or cabinet

govt. is one in which the executive and

legislative branch of the government are
dependent or executive branch is part of the
legislative branch.
Presidential government or one in which
the state makes the executive independent
from the legislative.

Difference between
Parliamentary and Presidential
In parliamentary governments, of which

the United Kingdom, India, and Canada are

examples, the executive branch is
subordinate to the legislature.
In presidential governments, such as in
the U.S., the executive is independent of the
legislature, although many of the executive's
actions are subject to legislative review.

4. As to Source of Power or Authority:

De facto is one not so constituted or founded with

the existing constitution but has the general

support of the people and has effective control of
the territory over which it exercises its powers.
De Jure is one which is constituted or founded in
accordance with the existing constitution of the
state but has no control of the territory.
Hereditary & Elective

CHECKS AND BALANCES

The doctrine and practice of dispersing political

power and creating mutual accountability

among political entities such as the courts, the
president or prime minister, the legislature, and
the citizens.
The first check comes from the fact that
different branches of the government have
overlapping authority, so each branch can act
as a limit on the other.

CHECKS AND BALANCES

For example, the president can veto an act

of Congress.
A two-thirds majority in Congress can then
override the presidents veto.
The president appoints major federal
officials, but only if the Senate by majority
vote agrees.

SEPARATION OF POWERS
The doctrine and practice of dividing the

powers of a government among different

branches to guard against abuse of
authority.
A government of separated powers assigns
different political and legal powers to the
legislative, executive, and judicial branches.

SEPARATION OF POWERS
The legislative branch has the power to

create laws.
The executive branch has the authority to
enforce the law and oversee the administration
of government responsibilities.
The judicial branch has the power to try cases
brought to court and to interpret the meaning of
laws under which the trials are conducted.

SEPARATION OF POWERS
A government of separated powers is less

likely to be tyrannical and more likely to follow

the rule of law
It makes a political system more democratic by
making it difficult for a single ruler, such as a
monarch or a president, to become dictatorial.
It prevents one branch of government from
dominating the others or dictating the laws to
the public.

POLITICAL IDEOLOGIES

LIBERALISM
Attitude, philosophy, or movement that has as its basic concern

the development of personal freedom and social progress.

The course of liberalism in a given country is usually
conditioned by the character of the prevailing form of
government.
For example, in countries in which the political and religious
authorities are separate, liberalism connotes, mainly, political,
economic, and social reform.
In countries in which a state church exists or a church is
politically influential, liberalism connotes, mainly, anticlericalism.

LIBERALISM
In domestic politics, liberals have opposed feudal restraints

that prevent the individual from rising out of a low social status.
In international politics, liberals have opposed the
domination of foreign policy by militarists and military
considerations and the exploitation of native colonial people.
In economics, liberals have attacked monopolies and
mercantilist state policies that subject the economy to state
control.
In religion, liberals have fought against church interference in
the affairs of the state and attempts by religious pressure
groups to influence public opinion.

CONSERVATISM
A general state of mind that is averse to rapid change and

innovation and strives for balance and order, while avoiding

extremes.
Originally conservatism arose as a reaction against the Age
of Enlightenment.
Conservatives advocated belief in faith over reason, tradition
over free inquiry, hierarchy over equality, collective values
over individualism, and divine or natural law over secular law.
Conservatism emphasizes the merits of the status quo and
endorses the prevailing distribution of power, wealth, and
social standing.

DEMOCRACY
(Greek demos,the people; kratein, to rule), political

system in which the people of a country rule through any

form of government they choose to establish.
In modern democracies, supreme authority is exercised for
the most part by representatives elected by popular
suffrage.
The representatives may be supplanted by the electorate
according to the legal procedures of recall and referendum,
and they are, at least in principle, responsible to the
electorate.

SOCIALISM
Economic and social doctrine, political movement inspired by this

doctrine, and system or order established when this doctrine is

organized in a society.
It demands state ownership and control of the fundamental means
of production and distribution of wealth.
It advocates nationalization of natural resources, basic industries,
banking and credit facilities, and public utilities.
It places special emphasis on the nationalization of monopolized
branches of industry and trade, viewing monopolies as inimical to
the public welfare.
It also advocates state ownership of corporations in which the
ownership function has passed from stockholders to managerial
personnel.

CAPITALISM
Economic system in which private individuals and

business firms carry on the production and

exchange of goods and services through a
complex network of prices and markets.
Capital in this sense means the buildings,
machines, and other equipment used to produce
goods and services that are ultimately consumed.
Economic activity is organized and coordinated
through the interaction of buyers and sellers (or
producers) in markets.

CAPITALISM
Owners of land and capital as well as the workers they

employ are free to pursue their own self-interests in

seeking maximum gain from the use of their resources
and labor in production.
This principle, called consumer sovereignty, reflects
the idea that under capitalism producers will be forced
by competition to use their resources in ways that will
best satisfy the wants of consumers.
Under this system a minimum of government
supervision is required; if competition is present,
economic activity will be self-regulating.

COMMUNISM
As a political movement, it soughts to overthrow

capitalism through a workers revolution and establish

a system in which property is owned by the community
as a whole rather than by individuals.
In theory, communism would create a classless
society of abundance and freedom, in which all people
enjoy equal social and economic status.
In practice, communist regimes have taken the form of
coercive, authoritarian governments that cared little for
the plight of the working class and sought above all
else to preserve their own hold on power.

POLITICAL THINKERS

1. Socrates

Greek philosopher and teacher

who lived in Athens, Greece, in the
400s BC. He profoundly altered
Western philosophical thought
through his influence on his most
famous pupil, Plato, who passed
on Socrates' teachings in his
writings known as dialogues.

Socrates taught that every

person has full knowledge of
ultimate truth contained within
the soul and needs only to be
spurred to conscious reflection
in order to become aware of it.

His criticism of injustice in

Athenian society led to his
prosecution and a death
sentence for allegedly
corrupting the youth of Athens.

Attitude towards Politics

Socrates was obedient to the
laws of Athens, but he generally
steered clear of politics,
restrained by what he believed
to be divine warning.

He believed that he had

received a call to pursue
philosophy and could serve his
country best by devoting himself
to teaching, and by persuading
the Athenians to engage in selfexamination and in tending to
their souls.

He wrote no books and

established no regular school of
philosophy. All that is known
with certainty about his
personality and his way of
thinking is derived from the
works of two of his distinguished
scholars: Plato & Xenophon

He was charged in 399 BC with

neglecting the gods of the state
and introducing new divinities, a
reference to the daemonion, or
mystical inner voice, to which
Socrates often referred.

He was also charged with

corrupting the morals of the
young, leading them away from
the principles of democracy.
He was condemned to die,
although the vote was carried by
only a small majority.

Socrates' friends planned his

escape from prison, but he
preferred to comply with the
law and die for his cause.

His last day was spent with his

friends and admirers, and in the
evening he calmly fulfilled his
sentence by drinking a cup of
hemlock according to a
customary procedure of
execution.

2. Plato

Plato (428?-347 BC), Greek

philosopher, one of the most
creative and influential thinkers
in Western philosophy.
He was born to an aristocratic
family in Athens.

His father, Ariston, was believed

to have descended from the
early kings of Athens.
Perictione, his mother, was
distantly related to the 6thcentury BC lawmaker Solon.

The Republic, Plato's major

political work, is concerned with
the question of justice and
therefore with the questions
what is a just state and who is
a just individual?

The ideal state, according to Plato,

is composed of three classes. The
economic structure of the state is
maintained by the merchant class.
Security needs are met by the
military class, and political
leadership is provided by the
philosopher-kings.

A particular person's class is

determined by an educational
process that begins at birth and
proceeds until that person has
reached the maximum level of
education compatible with
interest and ability.

Those who complete the entire

educational process become
philosopher-kings.
Plato divides the human soul
into three parts: the rational
part, the will, and the appetites.

The just person is the one in

whom the rational element,
supported by the will, controls the
appetites. An obvious analogy
exists here with the threefold class
structure of the state, in which the
enlightened philosopher-kings,
supported by the soldiers, govern
the rest of society.

3. Aristotle

Aristotle was born at Stagira, in

Macedonia, the son of a
physician to the royal court. At
the age of 17, he went to Athens
to study at Plato's Academy.

In politics, many forms of

human association can
obviously be found; which one
is suitable depends on
circumstances, such as the
natural resources, cultural
traditions, industry, and literacy
of each community.

Aristotle did not regard politics

as a study of ideal states in
some abstract form, but rather
as an examination of the way in
which ideals, laws, customs,
and property interrelate in actual
cases.

4. John Locke

John Locke (16321704), English philosopher

Locke was born in the village of
Wrington, Somerset, on August
29, 1632. He was educated at
the University of Oxford and
lectured on Greek.

Locke's views, in his Two

Treatises of Government (1690),
attacked the theory of divine
right of kings and the nature of
the state as conceived by the
English philosopher and political
theorist Thomas Hobbes.

Locke argued that sovereignty

did not reside in the state but
with the people, and that the
state is supreme, but only if it is
bound by civil and what he
called natural law.

Many of Locke's political ideas,

such as those relating to natural
rights, property rights, the duty
of the government to protect
these rights, and the rule of the
majority, were later embodied in
the U.S. Constitution.

Locke further held that

revolution was not only a right
but often an obligation, and he
advocated a system of checks
and balances in government.
He also believed in religious
freedom and in the separation
of church and state.

5. THOMAS HOBBES

He was born 1588-1679,

English philosopher and political
theorist (see Political Theory),
one of the first modern Western
thinkers to provide a secular
justification for the political
state.

Hobbes held that since people

are fearful and predatory they
must submit to the absolute
supremacy of the state, in both
secular and religious matters, in
order to live by reason and gain
lasting preservation.

6. Karl Marx

Karl Marx (18181883), German political

philosopher and revolutionist,
cofounder with Friedrich Engels
of scientific socialism (modern
communism), and, as such, one
of the most influential thinkers of
all times.

That the history of society is a

history of struggles between
exploiting and exploited, that is,
between ruling and oppressed,
social classes.

That the capitalist class

would be overthrown and that it
would be eliminated by a
worldwide working-class
revolution and replaced by a
classless society.

He believed that between the

capitalist and communist
systems of society lies the
period of the revolutionary
transformation of the one into
the other.

This corresponds to a political

transition period, whose state
can be nothing else but the
revolutionary dictatorship of the
proletariat.

7. Adam Smith

He was born in 1723-1790, British

philosopher and economist.
The central thesis of The Wealth
of Nations is that capital is best
employed for the production and
distribution of wealth under
conditions of governmental noninterference, or laissez-faire, and
free trade.

In Smith's view, the production and

exchange of goods can be
stimulated, and a consequent rise
in the general standard of living
attained, only through the efficient
operations of private industrial and
commercial entrepreneurs acting
with a minimum of regulation and
control by governments.

To explain this concept of

government maintaining a
laissez-faire attitude toward
commercial endeavors, Smith
proclaimed the principle of the
invisible hand

Every individual in pursuing

his or her own good is led, as if
by an invisible hand, to achieve
the best good for all. Therefore
any interference with free
competition by government is
almost certain to be injurious.

8. Jean Jacques Rousseau

He was born on 1712 & died

1778. He is French philosopher,
social and political theorist,
musician, botanist, and one of
the most eloquent writers of the
Age of Enlightenment.

He contributed greatly to the

movement in Western Europe
for individual freedom and
against the absolutism of church
and state.

His conception of the state as

the embodiment of the abstract
will of the people and his
arguments for strict
enforcement of political and
religious conformity are
regarded by some historians as
a source of totalitarian ideology.

CONSTITUTION

CONSTITUTION
It is a system of fundamental
laws or principles for the
government of nation, society,
corporation or other aggregation
of individuals and it may be
either written or unwritten.

It is a written enactment by the

direct action of the people by
which the fundamental powers of
the government are established,
defined and limited and by which
those powers are distributed
among several departments for
their safe and useful exercise for
teh benefit of the body politic.

BASIC PURPOSES OF
CONSTITUTION:
1. Prescribes the permanent

framework of the system of

government;
2. It assigns to the different
departments their respective
powers and duties; &

3. It establishes basic principles

on which the government is
founded.

DIFFERENT KINDS OF
CONSTITUTION:
1. As to form:

a. Written one which has been

reduced in writing at a particular
time fashioned out usually by a
constitutional convention; &

b. Unwritten one that is the

product of political evolution,
both in form and in substance,
not inaugurated at any specific
time and changing by accretion
rather than by systematic
method.

2. As to origin
a. Cumulative or evolved one
where it has its origin mainly on
customs, common law principles,
and decisions of courts. It is the
product of historical evolution and
growth rather than of deliberate and
formal enactment.

b. Convention or enactment
one that is the product of
deliberate assembly and
consciously adopted formally.

3. As to modality of amendment
a. Rigid one that cannot be
amended except by the very
procedure spelled out in that
Charter itself which is rigid.

b. Flexible one which

possesses no higher legal
authority than ordinary laws
which can be amended easily.

ADVANTAGES OF WRITTEN
CONSTITUTION:
1. It is frequently the only possible starting
point for the foundation and growth of
civil institutions and often forms the first
available means to give civil dignity and
political consciousness to the people, as
well as the beginning of a distinct
delineation of power.

2. In times of political apathy, it

forms the bridge to pass over

to better times.
3. It gives a strong feeling of right
and a powerful impetus to
action to have the written law
clearly on ones side.

4. It serves as a beacon to apprise

the people when their rights and
liberties are invaded and
endangered.
5. It furnishes a text to which those
who are watchful may again rally
and recall the people in moments
of passion and delusion.

6. It protects the people from

frequent and violent fluctuations
of public opinion.

DISADVANTAGES OF WRITTEN
CONSTITUTION:
1. It establishes iron-clad rules
which are difficult to change
even if found inconvenient or
oppressive.

2. It is often construed on
technical principles rather than
in the light of great principles.
3. It is likely to invade the
domains of ordinary legislation

The advantage and disadvantage

of unwritten constitution.
The chief advantage of an
unwritten constitution is its
flexibility and elasticity which is
reflective at all times to the

correct expression of the

progressive and changing
necessities of the State.
Its principal weakness lies in
the fact that it is subject to
perpetual changes at the will of
the law-making power.

Major parts of a Constitution:

1. The Constitution of Government
That portion which establishes
the major organs of government
and defines and allocates these
powers among the several
departments.

2. The Constitution of Liberty

The provisions guaranteeing
individual rights which may be
invoked against the massive
powers of the government in
case of excesses or abuses.

3. Constitution of Sovereignty
That part of the Constitution
where it spells out the authority
of the people as the repository
of sovereignty to approve or
change a Constitution.

Requisites of a good
Constitution:
1. It must be broad
It must outline an
organization of the government
for the whole State.

2. It must be brief
It is a document that should not
be too detailed in form.
3. It must be definite
Clarity and definiteness are
indispensable ingredients of a
Constitution.

CONSTITUTION OF THE
REPUBLIC OF THE
PHILIPPINES
1. The Malolos Constitution
2. The 1935 Constitution
3. The 1973 Constitution

4. The Freedom Constitution

5. The 1987 Constitution
Basic Principles underlying the new
Constitution:
1.Recognition of the Aid of Almighty God;
(preamble)
2.Sovereignty of the People (Art. II Sec. 1)

2. Sovereignty of the People (Art.

II Sec. 1)
3. Renunciation of war as an
instrument of national policy
(Art. II Sec. 2)
4. Supremacy of civilian authority
over military (Art. II Sec. 3)

5. Separation of church and

State (Art. II Sec. 6)
6. Recognition of the importance
of the family as basic social
institution and of the vital role of
the youth in nation-building (Art.
II Secs. 12, 13 & Art. XV)

7. Guarantee of human rights

(Art. III Secs. 1-22)
8. Government through suffrage
(Art. V Sec. 1)
9. Separation of powers (Art. VI,
Sec. 1)

10. Independence of the judiciary

(Art. VIII Sec.1)
11. Guarantee of local autonomy
(Art. X, Sec 2)
12. High sense of public service
morality & accountability of
public officers (Art. XI, Sec. 1)

13. Nationalization of natural

resources and certain private
enterprises affected with public
interest (Art. XII Secs. 2,3,17
18)
14. Non-suability of the State (Art
II. Sec. 16)

15. Rule of majority

16. Government of laws and not
of men

Article XVII
AMENDMENTS OR
REVISION

Sec. 1 Any amendment to, or

revision of, this Constitution may be
proposed by:
(1)The Congress, upon a vote of

three-fourths of all its Members; or

(2) A constitutional convention.

Amendment is a change
effected in some parts of the
Constitution without
considering the whole
document.

Revision is a rewriting or
substantial changing in the
Constitution viewed in it
entirety.

Importance of amending
procedure:
No Constitution, however gifted
its framers, is likely to prove
adequate for an indefinite period.
There are problems that no
human foresight can anticipate.

As conditions are never

static, so must the fundamental
law be freed from the constraint
of rigidity. While it is reduced to
writing, it should not be devoid
of the element of flexibility.

Methods by which
amendment/revision may be
proposed:
Sec. 1&2 prescribe three (3)
methods for proposing ant
amendment to, or revision of the
Constitution, namely:

1. By Congress, as a constituent

assembly, upon a vote of threefourths of all its members

voting separately;
2. By Constitutional Convention
called for the purpose;

3. By the People directly,

through Initiative upon petition
of the required number of
registered voters.

N.B. The vote requirement is

more stringent if the
amendments are proposed by
Congress itself. This is to insure
more deliberations and deeper
study and consideration of the
merits of the proposed changes
to the fundamental law.

Sec. 2, Art. XVII

Amendments to this
Constitution may likewise be
directly proposed by the people
through initiative upon petition
of at least twelve per centum of
the total number of registered

voters, of which every legislative

district must be represented by
at least three per centum of the
registered voters therein.

No amendments under this

section shall be authorized
within five years following the
ratification of this Constitution
nor oftener than once every five
years thereafter.

The Congress shall provide

for the implementation of the
exercise of this right.

Amendments proposed by the

people through initiative.
Sections 2 & 4 (par.2) enshrined
for the first time the people
power to effect changes in the
fundamental law. Under the
concept of initiative (Art.VI, Sec.
32).

The people may directly

propose amendments to the
Constitution should Congress
be remiss in its duty under the
two traditional modes available
to it.

The requirements are:

1.There must be a petition of at
least 12% of the total number of
registered voters;
2.Every legislative district must
be represented by at least 3% of
the registered voters thereof;

The amendment through

initiative is not made within five
(5) years thereafter.
Congress is required to provide
by law for the implementation of
the exercise of this right.

Once the required number of

voters signature is complied with,
Congress is bound to submit the
proposed amendments to the
people in a plebiscite.

The above requirements are

designed to ensure that a sizeable
portion of the population really
desire to propose the amendment
and at the same time avoid
frequent changes in the
fundamental law which are not
conducive to political stability.

Sec. 3, Art. XVII

The Congress may, by a vote

of two-thirds of all its Members,
call a constitutional convention,
or by a majority vote of all its
members, submit to the
electorate the question of calling
such a convention.

Method by which constitutional

convention may be called.
1. Congress by two-thirds vote of

all its members may call a

constitutional convention; or

2. Congress by a majority vote of

all its members (in case neither
the nor 2/3 vote can be
mustered) may toss the
question to call a constitutional
Convention to the electorate in
an election.

Constitutional Convention is a
body assembled for the
expressed purpose of framing
the constitution, or revising the
existing Constitution, or
formulating amendments to it for
the approval of the electorate.

Sec. 4, Art. XVII

Any amendment to, or revision of,
this Constitution under Section 1
hereof shall be valid when ratified by
a majority of the votes cast in a
plebiscite which shall be held not
earlier than sixty days nor later than
ninety days after approval of such
amendment.

Any amendment under Sec. 2

hereof shall be valid when ratified
by a majority of the votes cast in a
plebiscite which shall be held not
later than sixty days nor later than
ninety days after certification by
the Commission on Elections of
the sufficiency of the petition.

Ratification means the direct

approval by the people of the
amendment to, or revision of
the constitution. It is the final
act to make any change in the
constitution valid as part
thereof.

1987 CONSTITUTION
Preamble
Q. Is preamble an integral part of
the Constitution? What is the
purpose of Preamble? Is it a
source of substantive power?

Answer:
The Preamble is not an integral
part of the Constitution. It merely
serves to give an introductory
statement and convey to the
reader the principal objectives
sought to be accomplished by
the Constitution in broad-terms.

Q. What is the purpose of Preamble?

Answer: While the preamble is not an
integral part of the Constitution yet its

true office is to expound on the

scope and nature, extent and
application of the powers actually
conferred by the Constitution and
not to substantially create them.

It is an aid or devise to help

ascertain the meaning of
provisions of the Constitution
when the intendment of the
framers are unclear and
ambiguous.

Q. Is it a source of substantive power?

Answer:
The Preamble cannot be
considered as a source of substantive
power unless apart from the
Preamble, it is to be found in express
form in the distribution of powers.

Difference between 1935 & 1987 Constitution

esp. In Preamble

Q. In both the 1973 & 1987 Constitutions

the Preamble starts with the declaration
we, the sovereign Filipino people,
while the 1935 Constitution started with
the The Filipino people. What is the
significance of the variance in
phraseology?

Answer:
The phrase The Filipino
people as used in the 1935
Constitution creates the first
impression that the Filipinos were
allowed to adopt a Constitution of
their own only upon permission of
a foreign master.

Article I National Territory

Territory is an area of the earths

surface which is the subject of
sovereign rights and interests. It is
that definite or aliquot area of the
earths surface within which a State
exercises jurisdiction, subject to the
limitations imposed by international
law.

Q. What is the territory of the

Philippines?
Answer: NATIONAL TERRITORY
(Art. I)
The National Territory
comprises the Philippine
archipelago, with all the islands

and waters embraced therein,

and all other territories over
which the Philippines has
sovereignty or jurisdiction,
consisting of its terrestrial,
fluvial and aerial domains,
including its territorial shelves,
and other submarine areas.

The waters around, between,

and connecting the islands of
the archipelago, regardless of
their breadth and dimensions,
form part of the internal waters
of the Philippines.

Q. Discuss the archipelagic

doctrine
Answer: The archipelagic
doctrine which is now an
accepted principle of public
international law means the
integration of a group of islands
to the sea and their oneness so

that together they constitute one

unit, one country and one state.
A single base line is drawn around
the islands by joining appropriate
points of the outermost islands of
the archipelago with straight base
lines. The waters within the
baselines are considered as
internal waters.

Q. What are the modes of acquiring

territory?

Answer:
The conventional modes of
acquiring territory are:
1. Discovery it is the oldest mode
of acquiring territory.

To be valid and effective,

discovery must be accompanied
by occupation, management
and administration of the island
discovered.

2. Prescription the continued

occupation of a territory for a
long period of time by one state.

3. Accretion it is a process
where the land area of a State
caused by the operation of
either the forces of nature, or
artificially, through human labor,
is increased.

4. Cession is a bilateral agreement

whereby one State transfers over a
definite portion of a territory to
another.
5. Conquest is the acquisition of a
territory by the use of force which
reduces the vanquished territory to the
submission of the conquering State.

SABAH

The region came under British

control in 1877 when a British
trading syndicate, later called the
British North Borneo (Chartered)
Company, obtained concessions
from the sultans of Brunei and
Sulu and other rulers in the region.

The British North Borneo

Company, under a royal charter
granted in 1881, undertook the
administration of the region.
In 1888 North Borneo was
made a British protectorate, but
the company retained its
administrative powers until 1946,
when British North Borneo was
proclaimed a Crown Colony.

During World War II (19391945) the region was occupied

by Japanese forces. When the
Federation of Malaysia came
into existence on September 16,
1963, British North Borneo,
renamed Sabah, became a
member state.

Spratly ISLANDS

Spratly Islands, group of more

than 600 islets, coral reefs, sand
bars, and atolls in the South China
Sea. The islands are located to the
northwest of Brunei, the
Malaysian state of Sabah, and

the Philippine island of

Palawan.

Ownership of some or all of the

Spratlys is disputed between
China, Taiwan, Vietnam, Brunei,
Malaysia, and the Philippines. The
largest of the 12 main islets is Itu
Aba, with a total area of 36
hectares (90 acres); none is
permanently inhabited.

The most significant types of

local wildlife are seabirds and
turtles. Geological surveys indicate
that the Spratlys lie atop vast oil
and gas reserves, perhaps greater
than any previously discovered.
The islands also lie along important
shipping lanes.

The Spratly Islands were

controlled by France from 1933 to
1939, by Japan during World War II
(1939-1945), and after the war
China established a garrison on Itu
Aba, which Taiwan retained
following its split with mainland
China in 1949.

All the competing claimants

except Brunei maintain military
installations on one or more of
the islands. There are periodic
armed clashes in the region; in
1988 more than 70 people were
killed during a confrontation
between China and Vietnam.

The Spratly Islands are

regarded as a potential
flashpoint for regional conflict,
especially because China has
so far resisted submitting the
dispute to international courts.

Q. What is a Republican State of

which the Philippines is one
ordained in Section 1, Art. II of
the 1987 Constitution?

Answer: A Republican is one

which derives all its powers,
directly or indirectly, from the
great body of the people and is
administered by persons
holding their offices for a limited
period or during good
behaviour.

A republic is a representative
democracy. And the essence of
republicanism is popular
representation and ultimate
control by the people.

In other words, a republican

government is one in which the
powers of government are
placed in the hands of persons
chosen directly or indirectly by
the people.

According to supreme court;

Republican State is a
government of the people, by,
the people, & for the people.

Representative government
wherein the powers and
duties of sovereignty and are
exercised and discharged for
the common for the common
good and general welfare.

Q. What are the characteristics of a

Republican State

Characteristics of Republican State

are:
1.The Existence of a Bill of rights

(Art.

III);
2.The observance of the rule of law; is a
government of law and not of men,

4. The observance of the principle

that the State cannot be sued
without its consent;
5. The observance of the principle
that Congress cannot pass
irreparable laws;

6. The observance of the principle of separation of

powers and of checks and balance.
7. The presence of election through popular will or the
right of suffrage,;
8. The observance of the public officers known as
administrative law.