philippine polictics and public administration

philippine polictics and public administration

1. PS 100
Political Science
&
Philippine Constitution
Mr. Antonio C. Cayetano, B.S.Ed., LL.B., M.A.
Public Administration
Politics & Philippine Constitution

2. INTRODUCTION
POLITICAL SCIENCE
-Political = Gk. :polis – city or state. Science = Lat. : scire –
to know. Political Science is the to know the city or state.
-The systematic study of the State and all its elements and
their relationship.
-It is concerned with the association of human beings into a
“body politic” or a political community (one organized
under government and law).
-It deals with those: 1) relations among men and groups
which are subject to control by the State; 2) relations of
men and groups to the State itself; and 3) relations of the
State to other States.
CONCEPT OF POLITICAL SCIENCE & POLITICS

3. INTRODUCTION
POLITICS
-The art of decision making.
-The art or science of government concerned
with the proper management of the affairs of
society.
CONCEPT OF POLITICAL SCIENCE & POLITICS

4. INTRODUCTION
1.Political Theory – deals with the study of the
State through a systematic body of principles
relating to the origin, form, behavior, and
purposes of the State, and upon which its
political system operates.
2.Political Dynamics – focuses on forces at
work in government and politics and covers
pressure or interest groups, public opinion
and propaganda and political parties.
SCOPE OF POLITICAL SCIENCE

5. INTRODUCTION
3.Foreign Relations/International Relations – involves
inquiries into the foreign policy of nation-states in
their mutual relationships on the different forces –
geographical, technological, economic,
psychological and political – which contribute to the
shaping of such policy.
4.Government – deals with the study of government
set up of a State on both national and local levels,
and covers the State constitution, laws, citizenship,
structures of the various levels of government, the
election process, the judicial system, political
parties, interest groups, foreign affairs, etc.
SCOPE OF POLITICAL SCIENCE

6. INTRODUCTION
5.Comparative Government – seeks to study the
similarities and differences among States as regards
their executive, legislative, and judicial bodies, their
constitutions, laws, administrative organizations,
foreign policies, political parties and processes,
economic, social and political functions, and their
cultures and traditions.
6.International Law – refers to the body of generally
accepted principles that governs the relationship
between and regulates the conduct of nation-states.
SCOPE OF POLITICAL SCIENCE

7. INTRODUCTION
7.Constitution – seeks to study the growth and
development, roles and functions of the organic law
of the State.
8.Public Administration – focuses upon the methods
and techniques used in the actual management of
State affairs by executive, legislative, and judicial
branches of government.
9.Public Law – deals with the organization of
governments, the limitations upon government
authority, the powers and duties of governmental
offices and officers and the obligations of one State
to another.
SCOPE OF POLITICAL SCIENCE

8. INTRODUCTION
1.Political Philosophy – expresses the moral or ethical
standards that governments may adopt to run public
affairs.
2.Political Ideology – refers to a belief system that
explains and justifies a preferred political order for
society, either existing or proposed, and offers
strategy (processes, institutions, programs) for its
attainment.
KINDS OF POLITICAL THEORY

9. INTRODUCTION
1.Political Law – deals with the organization and operation
of the governmental organs of the State and defines the
relations of the State with the inhabitants of its territory.
(Macariola vs. Asuncion, 114 SCRA 77).
2.Constitutional Law – the law embodied in the Constitution
as well as the principles growing out of the interpretation
and application made by the courts, particularly the
Supreme Court being the court of last resort, of the
provisions of the Constitution in specific cases.
3.Administrative Law – fixes the organization of
government, determines the competence of the
authorities that execute the law, and indicates to the
individual the remedies for the violation of his rights.
KINDS OF PUBLIC LAW

10. INTRODUCTION
4.Law on Public Corporation – deals with the study of such public
corporations as barangays, municipalities, cities and/or chartered
cities and provinces as well as such quasi-public corporations as the
government-owned and controlled corporations.
5.Law on Public Offices and Officers – deals with the public office, its
creation, modification and dissolution and, the eligibility, manner of
election or appointment and assumption of office, rights, duties,
powers, inhibitions, liabilities, and the modes of terminating the
official relations of public officers.
6.Election Law – deals with the study of the means by which the people
choose their officials to whom, for definite and fixed periods, they
entrust for the time being, as their representatives, the exercise of the
fundamental powers of government.
KINDS OF PUBLIC LAW

11. INTRODUCTION
INTERRELATIONSHIP WITH OTHER BRANCHES OF LEARNING
Branches of Learning Political Science
History
- presents history as past politics.
-uses knowledge of the past as
it seeks to interpret present
and probable developments in
political phenomena
Economics
-focuses on the study of the production,
distribution, conservation, and consumption of
wealth.
-regularly adopts an economic
approach in seeking to
interpret such matters as
financial policies and
government regulation of
business.
Geography/Geopolitics
-deals with the study of physical factors such as
population pressures, sources of raw materials,
etc. upon domestic and foreign politics.
-adopts in seeking to explain
the growth and development
of political phenomena like
democratic and authoritarian
governments.

12. INTRODUCTION
INTERRELATIONSHIP WITH OTHER BRANCHES OF LEARNING
Branches of Learning Political Science
Sociology/Anthropology
-focuses on the origins and nature of social
control and governmental authority with the
abiding influences of race and culture upon
society, and with the patterns of collective
human behavior.
-uses the findings of
sociologists and
anthropologists on crime,
marital relations problems,
juvenile delinquency, housing
problems, etc. in aid of
lawmaking and policy making.
Psychology
- provides a well-spring of knowledge to political
scientists in knowing how man acts and
behaves to achieve popular esteem through the
successful exercise of political leadership or
the attainment of political power.
- uses the theories and
principles of psychology in
dealing with public opinion,
pressure groups, and
propaganda.

13. INTRODUCTION
INTERRELATIONSHIP WITH OTHER BRANCHES OF LEARNING
Branches of Learning Political Science
Philosophy
-provides theories about the origin of State,
individualism, democracy, communism, the
separation of governmental powers, and many
others.
-Uses the different philosophical
concepts in explaining political
phenomena.
Statistics and Logic
-provides statistical procedures for the
quantitative measurement of political
phenomena and of logical procedures for the
analysis of reasoning.
-ensures the proper application
of statistical procedures for the
quantitative measurement of
political phenomena and of
logical procedures for the
analysis of reasoning.
Jurisprudence
-provides analysis of existing legal systems,
and with the ethical, historical, sociological,
and psychological foundations of law.
-integrates legal and extra-legal
viewpoints to maintain a full
understanding of the facts of
political life.

14. INTRODUCTION
1.To discover principles that should be adhered to in
public affairs.
2.To study the operations of government in order to
demonstrate what is good, to criticize what is bad or
inefficient, and to suggest improvements.
3.To utilize its insights for constitution-making,
legislation, law enforcement, resolution of conflicting
claims and interests, and responding to matters of
public concern.
FUNCTIONS AND IMPORTANCE OF POLITICAL SCIENCE

15. INTRODUCTION
GOALS IN THE STUDY OF POLITCAL SCIENCE
1.Education for Citizenship.
–Productive, pro-active citizens
–Career preparation
2.Essential parts of Liberal Education.
–Liberation from: ignorance, mediocrity and passivity
–Maxim: “eternal vigilance is the price of liberty.”
: requires: study, information, understanding:
government and politics
3.Knowledge and understanding of Government.
–a condition sine qua non for responsible citizenship
and social responsibility.

16. INTRODUCTION
CONCEPT OF STATE
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.

17. INTRODUCTION
1.PEOPLE. They are the inhabitants of the State.
2.TERRITORY. It is a fixed portion in the surface of the
earth.
3.GOVERNMENT . It is an agency through which the will of
the State is formulated, expressed and carried out.
4.SOVEREIGNTY. It is the supreme power to command and
enforce obedience to its will from the people within its
jurisdiction and corollarily, to have freedom from foreign
control.
5.RECOGNITION. It is an act of one State to recognize the
legitimacy of government of another States.
ELEMENTS OF STATE

18. INTRODUCTION
1.THE EXECUTIVE DEPARTMENT . The law-enforcing
body which executes, implements and administers
laws.
2.THE LEGISLATIVE DEPARTMENT . The law-making
body which enacts laws and repeal the same.
3.THE JUDICIARY. The law-interpreting body which
interprets and applies the provisions of law in a
specific controversy, or which hears and decide a
case.
THE THREE BRANCHES OF GOVERNMENT

19. INTRODUCTION
1.INTERNAL SOVEREIGNTY . The power of the
State to rule within its territory.
2.EXTERNAL SOVEREIGNTY . The power of the
State to carry out its activities without
subjection to or control by other States.
TWO MANIFESTATIONS OF SOVEREIGNTY

20. INTRODUCTION
1.THE EXECUTIVE POWER . The power to execute,
implement and administer laws.
2.THE LEGISLATIVE POWER . The power to enact laws
and repeal the same.
3.THE JUDICIAL POWER . The power to interpret and
apply the provisions of law in a specific controversy,
and the power to hear and decide a case.
THE THREE FUNDAMENTAL POWERS OF GOVERNMENT

21. INTRODUCTION
1.POLICE POWER . The power to enact laws for the
promotion of public safety and order, public health,
public morals, education and general welfare.
2.TAXATION POWER . The power to exact proportional
contribution from the people to defray the cost of
governmental expenditures.
3.POWER OF EMINENT DOMAIN . The power to take
private property for public use upon payment of just
compensation.
THE THREE INHERENT POWERS OF THE STATE

22. INTRODUCTION
1.DIVINE RIGHT THEORY. The state is a divine creation and
the ruler is ordained by God to rule the people.
2.FORCED / NECESSITY THEORY . The State must have been
created through force, by some great warriors who imposed
their will upon the weak.
3.PATERNALISTIC THEORY . The State evolves or emerges
from the family, clan tribe, nation and State.
4.SOCIAL CONTRACT THEORY. The State is created by the
voluntary and deliberate act of people to form society for
their mutual benefit and protection.
THEORIES IN THE ORIGIN OF STATE

23. INTRODUCTION
A.AS TO THE NUMBER OF PERSONS EXERCISING THE
POWERS OF SOVEREIGNTY
1.MONARCHY. The fundamental powers of the
government are exercised by one single person. In
ABSOLUTE MONARCHY , the monarch rules by divine
right. In LIMITED MONARCHY , the monarch rules in
accordance with a Constitution.
2.ARISTOCRACY. The fundamental powers of the
government or political powers are exercised by a
privileged class.
FORMS OF GOVERNMENT

24. INTRODUCTION
A.AS TO THE NUMBER OF PERSONS EXERCISING THE POWERS
OF SOVEREIGNTY
3.DEMOCRACY . The fundamental powers of government are
exercised by a majority of the people.
a.DIRECT/PURE DEMOCRACY – the will of the STATE is
formulated or expressed directly and immediately through
the people in a mass meeting or primary assembly.
b.INDIRECT/REPRESENTATIVE/REPUBLICAN DEMOCRACY
– 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.
FORMS OF GOVERNMENT

25. INTRODUCTION
B.AS TO THE EXTENT OF POWERS EXERCISED BY THE CENTRAL
OR NATIONAL GOVERNMENT
1.UNITARY GOVERNMENT – the central or national government
exercises the control of national and local affairs.
2.FEDERAL GOVERNMENT – 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.
FORMS OF GOVERNMENT

26. INTRODUCTION
C.AS TO THE RELATIONSHIP BETWEEN THE EXECUTIVE AND
LEGISLATIVE BRANCHES OF GOVERNMENT.
1.PARLIAMENTARY GOVERNMENT – the executive leadership is
composed of leading members of the legislature.
2.PRESIDENTIAL GOVERNMENT – the Executive is
constitutionally independent of the legislature as regards his
tenure and his policies and acts.
FORMS OF GOVERNMENT

27. INTRODUCTION
C.AS TO ITS LEGITIMACY.
1.DE FACTO GOVERNMENT – a government that has not sufficiently
demonstrated its compliance with the conditions set forth by the
Community of Nations for the Recognition of a State.
2.DE JURE GOVERNMENT – a government that sufficiently
demonstrated its compliance with the following conditions set forth
by the Community of Nations for the RECOGNITION OF A STATE:
a.The Government has control of the administrative machinery of
the State.
b.The Government has popular acquiescence.
c.The Government is willing and able to comply with its
international obligations.
FORMS OF GOVERNMENT

28. INTRODUCTION
CONSTITUTION
CONSTITUTION – refers to “that body of rules and principles in
accordance with which the powers of sovereignty are regularly
exercised.
CONSTITUTION OF THE PHILIPPINES
CONSTITUTION OF THE PHILIPPINES – may be defined as that
written instrument by which:
•The fundamental powers of government are established, limited,
and defined; and
•These powers are distributed among the several departments or
branches for their safe and useful exercise for the benefit of the
people.
CONCEPT OF CONSTITUTION

29. INTRODUCTION
1.SERVES AS THE SUPREME OR FUNDAMENTAL LAW .
•THE HIGHEST LEVEL IN THE HIERARCHY OF LAWS.
•ALL OTHER LAWS MUST CONFORM TO IT.
•THE TEST OF THE LEGALITY OF ALL GOVERNMENTAL ACTIONS.
2.ESTABLISHES BASIC FRAMEWORK AND UNDERLYING PRINCIPLES OF
GOVERNMENT .
•AN ORGANIC LAW UPON WHICH GOVERNMENT‘S EXISTENCE IS
BASED.
•IT PRESCRIBES THE PERMANENT FRAMEWORK OF THE SYSTEM OF
GOVERNMENT.
•IT ASSIGNS TO THE DIFFERENT DEPARTMENTS THEIR RESPECTIVE
POWERS AND DUTIES.
•IT ESTABLISHES CERTAIN BASIC PRINCIPLES ON WHICH THE
GOVERNMENT IS FOUNDED.
•IT PRESERVES AND PROTECTS THE RIGHTS OF INDIVIDUALS AGAINST
THE ARBITRARY ACTIONS OF THOSE IN AUTHORITY.
NATURE & PURPOSE OR FUNCTION OF CONSTITUTION

30. INTRODUCTION
CONSTITUTIONAL LAW
CONSTITUTIONAL LAW.
•It may be defined as that branch of public law which treats of
constitutions, their nature, formation, amendment, and
interpretation.
•It refers to the law embodied in the Constitution as well as the
principles growing out of the interpretation and application made
by the courts (particularly the Supreme Court, being the court of
last resort) of the provisions of the Constitution in specific cases.
ROLE OF CONSTITUTIONAL LAW
To effect an equilibrium between authority and liberty so that rights
are exercised within the framework of the law and laws are enacted
with due reference to rights.
MEANING OF CONSTITUTIONAL LAW

31. INTRODUCTION
A.AS TO THEIR ORIGIN AND HISTORY.
1.CONVENTIONAL OR ENACTED . One which is enacted by a constituent
assembly or granted by a monarch to his subjects like the Constitution
of Japan in 1889.
2.CUMULATIVE OR EVLOVED . One which is a product of growth or long
period of development originating in customs, traditions, judicial
decisions, etc., rather than from a deliberate and formal enactment.
B.AS TO THEIR FORM.
1.WRITTEN. One which has been given definite written form at a particular
time, usually by a specially constituted authority called a “constitutional
convention.”
2.UNWRITTEN. One which is entirely the product of political evolution,
consisting largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a fundamental
character, usually bearing different dates.
KINDS OF CONSTITUTION

32. INTRODUCTION
C.AS TO MANNER OF AMENDING THEM
1.RIGID OR INELASTIC. One regarded as a document of special
sanctity which cannot be amended or altered except by some special
machinery more cumbrous than the ordinary legislative process
2.FLEXIBLE OR ELASTIC . One which possesses no higher legal
authority than ordinary laws and which may be altered in the same
way as other laws.
The Philippine constitution may be classified as
conventional or enacted, written, and rigid or inelastic. It
was drafted by an appointive body called “Constitutional
Commission.”
KINDS OF CONSTITUTION

33. INTRODUCTION
ADVANTAGES & DISADVANTAGES OF A WRITTEN CONSTITUTION
ADVANTAGES DISADVANTAGES
•Clearness and definiteness insofar
as it is prepared with great care and
deliberation.
•It cannot be easily bent or twisted by
the legislature or the courts to meet
the temporary fancies of the
moment.
•The protection it affords and the
rights it guarantees are apt to be
more secure.
•It is more stable and free from all
dangers of temporary popular
passion.
•It is difficult to be amended.
•It prevents the immediate introduction
of needed changes.
•It hinders the healthy growth and
progress of the State.

34. INTRODUCTION
AS TO FORM
1.BRIEF. It only outlines the structure of the government of
the whole State and the rights of the citizens.
2.BROAD. It is a comprehensive statement of the powers and
functions of government, and of the relations between the
governing body and the governed.
3.DEFINITE. In order to ensure easy and clear interpretation
and application of its provisions to concrete situations.
REQUISITES OF A GOOD WRITTEN CONSTITUTION

35. INTRODUCTION
AS TO CONTENTS
1.CONSTITUTION OF GOVERNMENT . It deals with the
framework of government and its powers and defines the
electorate as well.
2.CONSTITUTION OF LIBERTY . It sets forth the fundamental
rights of the people and imposes certain limitations on the
powers of government as a means of securing the
enjoyment of these rights.
3.CONSTITUTION OF SOVEREIGNTY . It points out the mode
or procedure for the amendment or revision of the
Constitution.
REQUISITES OF A GOOD WRITTEN CONSTITUTION

36. INTRODUCTION
CONSTITUTION DISTINGUISHED FROM STATUTE
CONSTITUTION STATUTE
•A legislation direct from the people
•It merely states the general
framework of the law and the
government.
•It is intended not merely to meet
existing conditions but to govern the
future.
•It is the supreme or fundamental law
of the State.
•A legislation from the people’s
representatives.
•It provides the details of the subject
of which it treats.
•It is intended primarily to meet
existing conditions only.
•It must conform to the provisions and
intent of the Constitution.

37. INTRODUCTION
1.PRIVATE INDIVIDUAL.
•One may interpret or ascertain the meaning of a particular
provisions of the Constitution.
•Such interpretation may govern his own actions and guide
him in his dealings with other persons.
2.THE JUDICIARY (COURTS)
•Final decisions are binding on all departments or organs of
government, including the legislature.
•It construes/interprets the applicable constitutional provisions
not in accordance with how the executive or legislative
department may want them construed or interpreted, but in
accordance with what said provisions say and provide.
AUTHORITY TO INTERPRET THE CONSTITUTION

38. INTRODUCTION
2.THE JUDICIARY (COURTS)
•Constitutional or Political Questions - are those questions
which, under the Constitution, are to be decided by the people
in their sovereign capacity, or in regard to which full
discretionary authority has been delegated to the legislature
or executive branch of the government.
They are beyond the power of the Judiciary.
For example: The determination of the President as to which
foreign government is to be recognized by the
Philippines.
AUTHORITY TO INTERPRET THE CONSTITUTION

39. Public Services
Education: Public schools, universities, and libraries
Healthcare: Public hospitals, clinics, and health insurance programs
Infrastructure: Roads, bridges, public transportation, and utilities
(water, electricity, gas)
Public safety: Police, military, fire departments, and emergency
medical services
Social services: Welfare programs, housing assistance, and job
training
Environmental protection: Parks, conservation efforts, and waste
management
Public utilities: Postal services, public broadcasting, and
telecommunications
Example: