Political Science

Political Science
 -Is a systematic study of state and
government
 -Comes from the Greek word “polis”
meaning, “city” or equivalent to sovereign
city and Latin word
 “scire” meaning, to know
 -Deals with those relations among men
and groups which are subject to control
by the State
 Scope of Political Science

 1. Political Theory - Entire body of doctrines

relating to the energy, form, behavior and
purpose of the state are dealt in the study of
this subject.
 2. Public Law - The organization of
governments, limitations upon
government authority, powers and duty of
the government offices and officers and
the obligation of one state to another are
handled in the study of Public Law.
 3. Public Administration - Attention is
focused upon the methods and
techniques used in the actual management
of state affairs by executive, legislative, and
judicial branches of
CONCEPTS OF STATE
AND GOVERNMENT
STATE

 The state is a community of persons,

more or less numerous, permanently
occupying a definite portion of territory,
independent of external control and
possessing an organized government to
which the great body of inhabitants
render habitual obedience.
Powers of a State
 Police power. This is the power of the state to
enact laws, ordinances or rules designed to
promote the safety, health, peace, good order and
morals of the community.

 Power of Eminent Domain. This is the

power of the state to take private property for
public use upon payment of just compensation.

 Power of Taxation. This is the power of the

state to impose and collect revenue for public
purposes.
 It is the definite portion of the earth’s
surface which is the subject of sovereignty
rights and interests. From the political
standpoint, it is referred to as:

A. state
B. Government
C. sovereignty
D. territory
Elements of a State
 PEOPLE – who comprise the nation
 TERRITORY - This refers to the land where the
people and their government leave jurisdiction
and occupancy in actual terms.
 GOVERNMENT – the governing body of a
nation, state, or community
 SOVEREIGNTY – the full right and power of a
governing body over itself, without any
interference from outside sources or bodies.
Two Manifestations of
Sovereignty

1. Internal - the power of state to rule

within its territory

2. External - freedom of the state to carry

out its activities without subjection to or
control by other state. It is often referred
to as Independence.
Origin of the State
 Divine Theory - the state is of Divine
Creation and the ruler is ordained by
God to govern the people

 Necessities and Force Theory -

originated in conquest and coercion

 Paternalistic – originates in family

F C T S
 GOVERNMENT
 Democracy • Pure / Direct
 Aristocracy • rule of few elite ; priviledge class
 Oligarchy • Few rich
 Monarchy • Absolute ; king or queen
 Parliamentary • President with parliament
 Federal • Local to local, national to national
 Military • Confuse, billagered
 Presidential • Presidential
 Revolutionary • Overthrown by force
 De Jure • With constitutional basis
 De Facto • No constitution
 Anarchy • Existence of war
• Democracy - political power is exercised by a
majority of the people.

• Indirect / Pure Democracy - will of the state is

expressed directly through mass meeting.

• Indirect / Representative / Republican

Democracy - the will of the state is
formulated or expressed through the
agency of a small selected body, chosen by
the people to act as their representative.
Constitution
 Part of a country's sovereignty

 Is the fundamental and supreme law

of the land

 Basis of all the other laws in the land

 Serves as a guide to the government

in making decisions
 Kinds of
Constitution
As to form:

 Written constitution – provisions are

all contained in a single document.

 Unwritten constitution – provisions

are not contained in a single document
but rather in different documents which
are considered as part of the fundamental
law of the land.
As to manner of amending
them

 Rigid or inelastic constitution –

cannot be easily amended unless such
amendment is provided for by the
constitution itself

 Flexible or elastic constitution – can

be easily changed anytime
As to origin or history
 Conventional / Enacted - one which is
enacted by the constitution assembly or
granted by a monarch

 Cumulative / Evolved - one which is a

product of growth or a long period of
development originating in customs,
traditions, etc.
Preamble
 Preambulare - to walk before
 Not an integral part of the constitution
ARTICLE I: NATIONAL
TERRITORY
Archipelago - from Greek word
pelagos, meaning “sea” or “part of a
sea studded with islands”.
Philippine Territorial Jurisdiction

 Terrestrial
 Fluvial
 Aerial
Five Kinds of Water in Relation to
Territorial Jurisdiction

 Internal Water
 Territorial Sea
 Contigous zone
 Exclusive Economic
Zone
 Continental Shelf
 Seabed
 Subsoil
ARTICLE II: DECLARATION OF
PRINCIPLES AND STATE POLICY
 Section I: The Philippine is a
democratic and Republican State.

 Republican Government -
democratic government by
representatives chosen by the
people at large
Manifestation of a Democratic
and Republican State
1. Existence of Bill of Rights (Art.III)
2. Observance of the rule of Majority
3. Observance of the principles that ours is a
government of laws and not of men.
4. Presence of election through popular will.
5. Observance of the principles of separation of
powers and the system of checks and balances.
6. Observance of the principles that the legislature
cannot pass irreparable laws
7. Observance on the law on public officers
8. Observance of the principles that the State
cannot be sued without its consent
 Section 2:The Philippines renounces
war as an instrument of national
policy
 International Laws - refers to the
body of rules and principles w/c
governs the relations of nations
 and their respective people in their
intercourse with one another.
 Section 3: Civilian authority is, at all times,
supreme over the military

 Armed Forces of the Philippines -

protector of the people and the State. The
goal is to secure the sovereignty of the State
and the integrity of the national territory

Supremacy of Civilian Authority over the

Military
1. Inherent in a republican system - the idea of the
supremacy of civilian authority. The highest of
such authority being the President

2. Safeguard against military dictatorship

 Section 4: The prime duty of the
Government is to serve and protect the
people.

 Section 5: The maintenance of peace and

order, the protection of life, liberty, and
property.

 Section 6: The separation of Church and

State shall be inviolable.
 Section 10:The State shall promote
social justice.

 Section 11:The State values the

dignity and guarantees full respect
for human rights.

 Section 12:The State recognizes the

sanctity of family life.
Classes of Rights
Article III. Bill of Rights
 Numerous persons right and privileges

 Classes of Rights
Natural Rights
Constitutional Rights
Statutory Rights
Classification of Constitutional
Rights

1. Political Rights
2. Civil Rights
3. Social and Economic Rights
4. Rights of the Accused
CLASSIFICATION OF RIGHTS:
 Political rights – give citizens the power to
participate directly or indirectly, in the
establishment or administration of the
government
 Civil rights – rights which the law will enforce
at the instance of private individuals for the
purpose of securing them the enjoyment of their
means of happiness
 Social and Economic rights: intended to
insure the well-being and economic security of
the individual
CLASSIFICATION OF RIGHTS:
 Political rights – give citizens the
power to participate directly or indirectly,
in the establishment or administration of
the government

 Civil rights – rights which the law will

enforce at the instance of private
individuals for the purpose of securing
them the enjoyment of their means of
happiness
 Social and Economic rights: intended
to insure the well-being and economic
security of the individual

 Rights of the Accused – intended for

the protection of a person accused of any
crime
 Section 1. No person shall be deprived to
life, liberty or property without due
process.

 Section 2: Right against unreasonable

searches
◦ Search Warrant
◦ Warrant of arrest
Requisites for valid search
warrant or warrant of arrest
 Must be issued upon probable cause

 Probable cause must be determined personally

by the judge himself

 Such determination of the existence of

probable cause must be made after
examination by the judge of the complainant
and the witnesses he may produce

 Must be particularly describe the place to be

search and the person or things to be seized.
When search and seizure may be
made without warrant

1. Where there is consent and waiver.

2. Where such is an incident to a lawful arrest

3. In the case of contraband or forfeited

goods being transported by ship,
automobile, or other vehicle, where the
officer making it has reasonable cause for
believing that the latter contains them.
Rights of the Accused
 The adequate legal assistance
 To be informed of his right to remain silent
 Rights against torture, violence or any other
means which vibrates free will
 To be heard himself and counsel
 To bail and against the excessive bail
 To be informed of the nature and cause of
the accusation against him
 To have speedy, impartial and public trial
 To meet the witness face-to-face
 Right against self-incrimination
 Right against double jeopardy
4. Where without a search, the possession
of the articles prohibited by law is
disclosed to plain view or is open to eye
and hand.

5. As an incident of inspection, supervision

and regulation in the exercise of police
power.

6. Routinely searches usually made at the

border or at ports of entry in the interest
of national security.
 Section 3: Right to privacy of
communication

 Section 9: Private property shall not be

taken for public use without just
compensation
Eminent Domain
Just Compensation
 Sec. 21. No expost facto law or bill of
attainder shall be enacted.
Article IV. CITIZENSHIP
 Citizens of the Philippines
 Thos who are citizens of the Philippines
at the time of the adoption of this
constitution
 Those whose father and mothers are
citizens of the philippines
 Those naturalized in accordance with the
law
Ways of Acquiring Citizenship
 Involuntary
 Voluntary

 Genaral ways in Acquring Citizenship

◦ Jus Sanguinin – blood
◦ Jus Soli – birth place

◦ Naturalization - act of formally adapting a

foreigner into the political body of the state and
clothing him with the rights and privileges of
citizenship.
Ways of acquiring citizenship
by Naturalization

1. By judgment of the court

2. By direct act of Congress

3. By administrative proceedings
 Section 3: Philippine citizenship may be
lost or reacquired in the manner provided
by law.
Loss of citizenship
 1.Voluntarily - it is called expatriation

• By naturalization in a foreign country

• By express renunciation of citizenship
• By subscribing to an oath of allegiance to a
foreign country
• By rendering service to or accepting
commission in the armed forces of a foreign
country
 2. Involuntarily
• By cancellation of his certificate of
naturalization by court

• Having been declared by competent

authority , a deserter of the Philippine
Armed forces in the time of war
Reacquisition of lost Philippine
Citizenship
1. By naturalization, provided the applicant
possesses none of the disqualification
provided in the naturalization law

2. By repatriation of deserters of the Philippine

armed forces and women who lost their
citizenship by reason of marriage to an alien,
after termination of their marital status

3. By direct act of the Congress of the

Philippines.
ARTICLE V: SUFFRAGE

 SUFFRAGE – right and obligation to

vote of qualified citizens in the election of
certain national and local officers of the
government and in the decision of public
questions submitted to the people.
Scope of Suffrage
 Election – choose candidate or representative

 Plebiscite – right to ratify or reject

constitutional amendments or proposed laws

 Referendum – right reserved to the people to

adopt or reject any act or measure which has
been passed by a legislative body and which in
most cases would without action on the part of
the electors become a law
 Initiative – power of the people to
propose bills and laws

 Recall – public officers

Qualification of voters:
1. Must be a citizen (male or female) of the
Philippines
2. Not otherwise disqualified by law
3. At least 18 years of age
4. Have resided in the Philippines for at
least 1 year and in the place wherein he
proposes to vote at least six months
preceding the election.
Persons disqualified to vote
 1. Any person who has been sentenced by
final judgment to suffer imprisonment by
not less than 1yr.
 2. Any person who has been adjudged by
final judgment by competent court of
having committed any crime involving
disloyalty, rebellion, sedition, etc.
 3. Insane or incompetent person declared
by a competent authority.
ARTICLE VI. LEGISLATIVE
DEPARTMENT

 Legislative Power – authority under

the constitution to make laws and alter
and repeal them.

 the Senate with 24 members

 House of Representatives with not more
than 250 members,
Classification of Power of
Congress
 Primary function of Congress is to
legislate

1. General Legislative Power - power to

enact laws intended as rules of conduct
to govern the relationship among
individuals and the State.
2. Specific Power - powers which the
Constitution expressly directs or
authorizes Congress to exercise like the
power to choose who shall become
President in case two or more have the
highest or equal number of votes to
confirm certain appointment by the
President.
 3. Implied Power - they are those
essential or necessary to the effective
exercise of the powers expressly granted.
Like the power to conduct inquiry and
investigation in aid of legislation to punish
for contempt and to determine the rules
of its proceedings.
4. Inherent Power - powers which are
possessed and can be exercised by every
government because they exist as an
attribute of sovereignty.
Principle of check and balance

 Constitutional provisions authorize a

considerable amount of encroachment or
checking by one department in the affairs
of the other.
 - Must approve appointed
judges Judicial
- Have impeachment powers Branch
over federal officers
- May propose amendments
to overturn judicial decisions
Interpret the
laws
May declare a law - S. C. justices cannot
unconstitutional be fired by the
president
Legislative - May rule that a
Branch - President can
presidential action
or law is
veto laws unconstitutional
congress wants to - President
Make the pass appoints federal
laws - Can make foreign judges
treaties
- May pass laws by overriding
a presidential veto
- Must approve presidential
appointments and foreign
Executive
treaties Branch
- May investigate actions of
the executive branch
- Have impeachment powers Enforce the
Section 3. No person shall be a
Senator unless:

 - He is a natural-born citizen of the Philippines

 - Is at least thirty-five years of age on the day of
the election
 - Able to read and write,
 - A registered voter
 - A resident of the Philippines for not less than
two years immediately preceding the day of the
election
Section 4:The term of office of
the Senators:
 - Shall be six years and shall commence, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election.
 - No Senator shall serve for more than two
consecutive terms.
 - Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of his service for
the full term of which he was elected.
Section 5. Composition of The
House of Representatives:
 not more than 250 members

 shall be elected through a party-list system of

registered national, regional, and sectoral parties
or organizations.

 The party-list representatives shall constitute

20% of the total number of representatives
including those under the party list.
 Each city with a population of at least two
hundred fifty thousand, or each province, shall
have at least one representative.
 able to read and write, and, except the party-list
representatives,
 a registered voter in the district in which he
shall be elected, and a
 resident thereof for a period of not less than
one year immediately preceding the day of the
election.
Section 9: In case of vacancy in the
Senate or in the House of
Representatives:

 - A special election may be called to fill

such vacancy in the manner prescribed by
law,

 - But the Senator or Member of the

House of Representatives thus elected
shall serve only for the unexpired term.
Kinds of Election for Members
of Congress

 1. Regular Election - held on the 2nd

Monday of May.

 2. Special Election - may be called incase a

vacancy arises in the senate or House of
Representative to fill such vacancy in the
manner prescribed by law.
 Section 23: The Congress, shall have the
sole power to declare the existence of a
state of war.

 Section 24: All appropriation, revenue or

tariff bills, bills authorizing increase of the
public debt, bills of local application, and
private bills shall originate exclusively in
the House of Representatives.
Steps in the passage of a bill
1. First Reading
2. Referral to appropriate committee
3. Second Reading
4. Debates
5. Printing and distribution
6. Third Reading
7. Referral to the other House
8. Submission to join Bicameral committee
9. Submission to the President
 After 30 days the bill passed will become
a law

 If the congress decides to override the

veto , the vetoed item is passed by a vote
of two-thirds of the members of both
houses it will become a law
Formal parts of a law:
1. Title
2. Preamble
3. Enacting clause
4. Body
5. Effectivity clause

 A law takes effect in 15 days following the

completion of its publication in the official
gazzette.
Veto
- a latin term for “I forbid” or “deny”. It is the
power vested in the President to disapprove
acts passed by the Congress

Purpose of a Veto
 To enable the executive department to protect
its integrity as an equal branch of the
government

 To provide a check on hasty, corruptor ill-

considered legislation.
ARTICLE VII: EXECUTIVE
DEPARTMENT
 Executive Power – vested in the
President of the Philippines. It is the
power to administer the laws, which
means carrying them into practical
operation and enforcing their due
observance
Qualifications of President and
Vice President

 - Natural born citizen of the Philippines

 - A registered voter
 - Able to read and write
 - At least 40 years of age on the day of
the election for president and
 - Resident of the Philippine for at least
ten (10) years immediately preceding such
election
Section 4:The President and
the Vice-President shall be:
 1. Elected by direct vote of the people.

 2. For a term of six years which shall

begin at noon on the thirtieth day of June
next following the day of the election and
shall end at noon of the same date six
years thereafter.
 3. The President shall not be eligible for any
reelection.

 4. No person who has succeeded as President

and has served as such for more than four years
shall be qualified for election to the same office
at any time.

 5. No Vice-President shall serve for more than

two successive terms.
 Section 6:The President shall have
an official residence, determined by
law.

 The salaries of the President as provided

by law, has an annual salary of
Php300,000.00 pesos and Vice-President
at Php240,000s and shall be determined
by law and shall not be decreased during
their tenure.
 Section 8: In case of death,
permanent disability, removal from
office, or resignation of the
 President, the Vice-President shall become
the President to serve the unexpired
term.
 When Vice president shall act as
president

 1. If the president-elect fails to qualify

 2. If a president shall not have been
chosen
 3. In case of temporary inability or
incapacity of the President to discharge
his powers and duty.
Where there are no President
and Vice-President

 1.the Senate President, or incase in his

inability, the

 2. Speaker of the house of Representative,

 3. Where Senate President and Speaker

are also unable to act as President -
congress is mandated to provide
Rules in case of temporary
disability of the President

 Declaration by the president

 Declaration by members of the Cabinet
 Decision by Congress incase of a dispute
Kinds of Pardon:
 Absolute – when it is not subjected to any
condition
 Conditional – when it is given subject to any
condition or qualification the President may see fit
 Remission – prevents the collection of fines or the
confiscation of forfeited property
 Amnesty – an act of the sovereign power granting
oblivion or a general pardon for a past offense
usually granted in favor of certain classes of persons
who have committed crimes of a political character,
such as treason, sedition or rebellion.
 Section 16: The President shall nominate and,
with the consent of the Commission on
Appointments, appoint the heads of the
executive departments.

 Section 17: The President shall have control of

all the executive departments, bureaus and
offices.
 Section 18: The President shall be the
Commander-in-Chief of all armed forces of the
Philippines.
Military Power of the President
1. Powers to meet emergency situation

call out such armed forces to prevent or

suppress lawless violence, invasion or
rebellion
To suspend the privilege of writ of habeas
corpus
To declare Martial Law
 2. Commander in Chief of the Armed
forces - the constitution makes the
president, a civilian, the Commander-in-
Chief of all Armed Forces of the
Philippines
ARTICLE VIII: JUDICIAL
DEPARTMENT

 Section 1: The judicial power shall be

vested in one Supreme Court and in such
lower courts as may be established by
law.
 Judicial power - the power and duty of
courts of justice to apply the laws to
contests or disputes concerning legally
recognized rights or duties between the
State and private persons or individuals
or between private persons or individual
litigants, in case properly brought before
the judicial tribunals.
Organization of Courts:
1. Regular Court
◦ Court of Appeals - With 69 justices headed
by a presiding Justice w/c operate in 28
divisions each comprising 3 members

◦ Regional Trial Court - Presided by 720

regional trial Judges in each of the 13 regions
of the country

◦ Metropolitan Trial Court - A Municipal

Trial Court in every city not forming part of a
metropolitan area
ARTICLE IX:
CONSTITUTIONAL
COMMISSIONS

 Section 1:The Constitutional

Commissions, which shall be
independent are:

 1. Civil Service Commission

 2. Commission on Elections
 3. Commission on Audit
The Civil Service Commission
 Section 1: Composition of Civil
Service Commission - composed of
a Chairman and two commissioners.
Qualifications:

 natural-born citizens of the Philippines

 at least thirty-five years of age
 with proven capacity for public
administration
 must not have been candidates for any
elective position in the elections
immediately preceding their appointment
 The Chairman and the Commissioners
shall be appointed by the President
 The Chairman shall hold office for seven
years
 A Commissioner for five years
 Another Commissioner for three years
The Commission on Elections
1.The chairman and the commissioners are
appointed by the President with the
consent of the commission on
appointments
2. Has a term of seven(7) years without
reappointment.
3. Of the commissioners first appointed, 3
shall hold office for seven years, 2 for five
years and the last member for three
years. Without reappointment.
Commission on Elections Powers
and functions:

1. To enforce laws relative to the conduct of

elections
2. To decide election contests
3. To decide all questions affecting election
4. To deputize law enforcement agency
5. To register political parties, etc., and
accredit its citizens arms.
6. File petition, investigate and prosecute
7. To recommend measures
8. To recommend removal or disciplinary
measures
9. To submit reports
10. To perform other functions
The Commission on Audit
 - The Chairman and the Commissioners
shall be appointed by the President, for a
term of seven
 years without reappointment. Of those
first appointed,
 - the Chairman shall hold office for seven
years,
 - one Commissioner for five years,
 - and the other Commissioner for three
years, without reappointment
Qualification of members
 - Must be natural born citizen
 - 35 yrs. old
 - Certified public accountants with not
less than 10 yrs of auditing experience or
members of the
 Bar who have been engage in practice of
law for 10 yrs.
 - Must not have been a candidate for any
elective positions in the preceding
election
Powers and functions of the
Commission:
 1. To examine, audit and settle an account
 2. To act as central accounting office of
the government
 3. To define the scope of its audit and
examination, etc.
 4. To promulgate accounting and auditing
rules and regulations
 5. To submit an annual financial report and
recommend measures
 6. Perform other duties and functions