Professional Documents
Culture Documents
Final Period: Philippine History With Politics, Governance, and Constitution
Final Period: Philippine History With Politics, Governance, and Constitution
Final Period:
Philippine History with Politics,
Governance, and Constitution
HANDBOOK OBJECTIVES:
1.1.10 The Bill of Rights
1.1.11The Structure of Government
1.1.12 Political Behavior
1.1.13 Local Government
1.1.14 Philippine Political System
1.1.15 Constitutional Commissions
Since the state has tremendous power over its citizens, the existence of the bill
of rights guarantees the individuals to some sort of protection in areas of their
lives that may not be touched by the state. This section will discuss the important
sections embodied under the constitution.
Objectives:
At the end of the lesson, you are expected to:
1. Illustrate the importance of the bill of rights by giving examples.
2. Relate the provisions of bill of rights to your day to day activities.
Bill Of Rights Refined:
It is a set of rights and privileges of the citizens articulated in the constitution. It is
a protection of the people against the infringement of the government.
Importance Of Bill Of Rights:
o
o
o
o
1) Natural Rights They are those rights possessed by every citizen without being
granted by the State for they given to man by God as a human being created to his
image so that he may live a happy life and a right inherent to human being and
possessed by every citizen without being granted by the state. Example are the
right to life and the right to love;
2) Constitutional Rights They are those rights which are conferred, protected by the
Constitution. Since they are part of the fundamental law, they cannot be modified
or taken away by the law making body, and defined in the bill of rights but
stipulated in a separate law made by the law-making body like the legislature. This
law can be abolished by the same body.
3) Statutory Rights They are those rights which are provided by laws promulgated
by the law making body consequently may be abolished by the same body, and
rights conferred and protected by the constitution. Examples are the right to
receive a minimum wage and the right to adopt a child by an unrelated person.
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public trial, and the right against cruel, degrading, or inhuman punishment. The
provisions (Sections 11 to 12) particularly and directly dealing with these rights are
discussed subsequently.
Rights Of The Accused:
Rights intended for the protection of the person accused of the crime. The rights
of the accused belong to the political rights classified in the constitution. The
accused is deemed innocent until proven guilty. The accused must be informed of
his rights and the crime lodged against him and shall enjoy the benefits of legal
remedy.
Due Process Of Law:
The due of process of law must be followed by all parties involved. A mere
violation of the due process of law will affect both parties and might affect the
outcome of the case.
The due process is a step by step procedure followed by the court in order to
establish the guilt or innocence of the accused.
Aspects Of Due Process:
Refers to the method or manner by which the law is enforced. Aspects of due
process determine the steps to which the case is built and brought to court.
Aspects of due process can be presented in the following manners:
o Did the authorities or the police coerce the suspect/s to admit the crime?
o Did the authorities inform the suspect/s of his/her Miranda rights?
o Does the confession or statement of the suspect obtained in the presence of a
lawyer? Or the suspect/s waived his/her Miranda rights?
o Does the case supported by evidence?
o Does the custody of the accused supported by warrant of arrest?
Double Jeopardy:
o Double jeopardy means that the person cannot be tried with the same offense if
the case has already been decided by the court.
Requisites For The Existence Of Double Jeopardy:
o The person has been brought to trial in a court of competent jurisdiction under a
valid complaint or information.
o He has been arraigned.
o The person has been convicted or acquitted or the case against him/her has been
dismissed.
o He is being charged again of the same offense.
No Ex Post Facto Law Or Bill Of Attainder Shall Be Enacted:
The idea that no ex post facto law shall be enacted was conceptualized to
protect the rights of the accused or those prisoners who already received their
sentences prior to the enactment of the law. Ex post facto law changes the legal
consequences of acts committed or the legal status of facts.
Characteristics Of Ex Post Facto Law:
o Relate to penal or criminal matters only.
o They are retroactive in their operation.
o They deprive persons accused of crime of some protection or defense previously
available.
Bill Of Attainder:
It is a legislative act which inflicts punishment without the benefit of a trial, (De
Leon, Hector, 1995). The reason why congress is prohibited to enact a bill of
attainder is because it is considered an excess or abuse of the power of the
legislative body or the government to punish individuals without the benefit of a
fair trial. Even in the US Constitution, bill of attainder is prohibited. Bill of attainder
is common only in an absolute monarchy where the king rules with absolute power
without the interference of the legislative or the judicial branch of government.
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Legislative Power- is the power of the legislative branch to make laws defined in
the constitution. It has also the power to alter or repeal them.
o Police Power.
o Power Of Taxation.
abuse of power of those who are in the position. In addition, the principle gives
each department authority granted in the constitutional provisions to check and
balance each department.
In order for each department to check and balance each other, the constitution
specifically articulated how each branch can encroach on the affairs of the other
without fear of constitutional violations.
Principle of checks and balances as practiced by each branch
1. Checks By The Executive (President)
o The veto power of the president: the president may approve or disapprove the bills
enacted by Congress
o The pardoning power of the president, the power to grant amnesty, or modify or
set aside the judgments of the court
2. Checks by Congress
o May override the veto of the president
o Reject appointments
o Revoke the proclamation of martial law or suspension of the privilege of the writ of
habeas corpus
o The power to impeach the president and members of the Supreme Court
o Power to revise the budget prepared by the executive branch
o Amend or revoke decisions made by the courts
o Power to define, prescribe and apportion the jurisdiction of the various courts
o Determine the salaries of the president and the vice-president, members of the
Supreme Courts and lower courts
3. Checks By The Judiciary
o May declare legislative measures or executive acts unconstitutional
Functions Of Legislative Branches:
1) Legislative Function the power to legislate laws which are called legislative acts
or statutes.
2) Executive Function - the power to confirm appointments made by the president.
3) Judicial Function inquiry or investigation conducted in aid of legislation, during
impeachment proceedings against public official.
4) Constitutional Function power to propose amendments to the constitution
5) Electoral Function the Congress serves as a canvassing board to determine the
validity of electoral returns for president and vice-president.
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The primary function of the legislative department is to make laws. This function
could not be delegated to other branch of government unless otherwise provided
for by the constitution. Under the power to legislate, the following steps must be
followed in the passage of a bill.
Steps In The Passage Of A Bill:
Steps
1. First Reading
4. Debates
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Description
Any member of either house may present a
bill. The bill is filed with the Office of the
Secretary.
The bill is referred to committee or
committees for study and consideration.
If the committee favors the bill, it is
forwarded to the Committee on Rules to be
calendared for deliberation on second
reading.
Members of the house will deliberate on the
importance of the bill. Amendments may be
proposed. The house may either reject or
pass the bill.
After approval, copies of the bill are printed
and distributed among members of the
house three days before its passage.
Only the title of the bill is read and members
of the house will decide on the approval of
the bill.
If the bill is approved, the Senate president
and Speaker of the house will sign the bill.
The bill is submitted to conference
committee of both houses for compromise
or to reconcile conflicting provisions.
A bill is transmitted to the president for
his/her action.
still commands tremendous power, but its a power that could be checked and
balanced by the legislative branch.
Executive Power:
Executive Power is defined as the power granted to the executive branch to
execute or enforce the laws through the inherent powers of the state.
Term Of Office Of The President
The 1987 constitution, the president is not eligible for re-election. The president
serves a six-year term of office.
When Vice-President Shall Become President:
o Death
o Permanent disability
o Removal from office
Resignation Of The President
o The hierarchy of government officials who will take over the presidency if there are
no president and vice-president
o The Senate president
o The Speaker of the House
o The Chief Justice of the Supreme Court
Vacancy In The Office Of The Vice-President
The president will nominate from among the members of the Senate and the
House of Representatives. The nomination is subject to the confirmation of both
houses voting separately.
Appointments Extended By An Acting President
The appointments made by the acting president will remain effective unless
revoked by the elected president within ninety days from his assumption.
Appointments Preceding A Presidential Election
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The president is prohibited under the 1987 constitution to appoint any position in
the executive level two months before the next election. This provision in the
constitution which bars the president to appoint is said to be limited only to
executive positions. The prohibition does not extend to vacancy in other
departments like the judicial branch. The ruling of the Supreme Court allowing
president Arroyo to appoint the next chief justice of the Supreme Court has clearly
articulated the power of the sitting president to appoint in other departments.
Public And Career Officials That Can Be Appointed By The President:
1.
2.
3.
4.
5.
6.
7.
Executive Function/Power
Appointment and removal of cabinet secretaries
Implementation of laws passed by Congress
Representing the Philippines in the international community and foreign affairs
Command of the armed forces
2. Pardoning Power
o Executes the spending authorized by Congress
o Executes the instructions of Congress when it declares war or make rules for the
military
3. Veto Power
o
o
o
o
o
o
o
o
o
Executive agreements
Creates treaties (must be ratified by the Senate)
Executive orders
Proclamations
Presidential decrees
Administrative function
Preserves, protects and defends the Constitution
Oversees the effectiveness of all departments under the executive
Administers the budget appropriated by Congress
4.
o
o
o
o
o
o
o
o
Diplomatic Power
Executive agreements
Represents the state in the international community and foreign affairs
Authority to contract and guarantee foreign loans
Power to appoint diplomats
Powers as Commander-in-Chief of the Armed Forces
Has absolute control of the armed forces
Has the power to call out the armed forces to prevent or suppress lawless violence
Empowered to created military tribunals
5.
o
o
o
o
Military Power
To call out the Armed Forces
To meet emergency situations
To declare martial law
To suspend the privilege of the writ of habeas corpus
6. Budgetary Power
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Judicial Power
Judicial Power is the power vested on the judiciary to interpret and apply laws to
cases involving individuals, among individuals or between individuals and the
state. Legislative measures and the operation of the executive branch are subject
to judicial power.
o
o
o
o
o To provide a last resort for those who might be ground up by the system
(Introduction to Political Science by Barry D. Friedman)
nominees prepared by the judicial and bar council. The retirement age is seventy
years old. The Supreme Court en banc has the power to discipline and remove
lower court judges by a vote of the majority of all the members. However, Supreme
Court justices can only be removed through impeachment.
1.1.12 Political Behavior
Introduction
Every nation exhibits different political behavior. Political behavior depends on
the political system adopted by the state and it is through this system that citizens
develop political culture and political socialization. Some governments dictate the
political culture and socialization of their citizens so that programs and political
ideologies can be implemented and structured properly with total support from the
people. These types of government usually resort to violence in enforcing reforms
and do not tolerate dissent among its people.
Though political cultures are dependent on the political system, these are not
static. They do change overtime as people acquire new political perspectives
based on the experience they developed inside their own political organization or
through the political issues encountered by other people in other parts of the
world.
In the Philippines, political behavior is influenced by many factors and one of the
dominant factors is our colonial history. The strong cooperation between the state
and the church during the Spanish era left a remarkable deep seated belief to
Catholicism that affects our political culture and socialization. Even our political
perspectives are attached to the doctrine of Catholicism. The political arena is
combined with religious affiliation and political affiliation.
The other influence of political behavior which shaped our political culture and
socialization is the system introduced by the American government. The republican
ideology adopted by the Philippines during the American regime help developed
our concepts of what a government should be, its political process and the political
participation of people. After the independence, we struggled to keep the ideals of
American political behavior but the successions of political leaders have changed
or altered our acquired political values. This module will discuss political culture
and socialization, its levels and classifications and agents of political socialization.
Objectives:
At the end of the lesson, you are expected to:
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Political Behavior
Political Behavior explains the influences that define the political participation,
political views and ideology of a person or group of people in a society. Political
behavior is heavily dependent on the political system which in return shapes the
political culture and socialization.
Political Culture
Political Culture can be defined as the orientation of the citizens of a nation
toward politics, and their perceptions of political legitimacy and the traditions of
political practice. In addition, political culture is a public attitude which defines the
level of role of the individual within the political system. How the people recognize
the importance of participation in the political process will greatly affect the
political system.
Three Levels Of Political Culture:
1. System Level - Attitudes towards the organization of the system.
Examples:
o National Pride.
o National Identity.
o Legitimacy Of Government.
2. Process Level - What the public expects from the political process.
Examples:
o Principles Of Government.
o Role Of Citizens.
o Perceptions Of Political Rights.
The level of involvement of the citizens in the political process. How citizens view
their political roles.
Types Of Political Culture:
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1. Participant - citizens are involved in the actual political process and because of
their active participation they are able to influence the government in various
ways.
2. Subject - citizens are passively involved in the operation of government and
because of passive involvement there is little scope for dissent.
3. Parochial - citizens are not aware or hardly aware of government and its policies
and live regardless of the decisions taken by the state.
3. Policy Level - Attitudes and expectations towards policy and implementation.
Examples:
Role Of Government And Government Policy Priorities:
1. Cultural Congruence - it rests on the idea that political system depends on the
culture of a nation and that some political structure may not be acceptable to
other nations. Cultural congruence may be possible if leaders and citizens alike
respect the diversity of culture and political ideologies.
2. Consensual Political Culture citizens tend to agree on the appropriate means of
making political decisions and on how to solve problems that may arise out of the
decisions.
3. Conflictual Political Culture citizens are sharply divided on both the legitimacy of
the regime and the solutions to major problem.
4. Political Subcultures often emerge when deeply divided political conflict persists
over time.
Classifying Political Cultures :
For decades Philippine political culture has not improved in a level that other
Asian nations have improved. Though we prided ourselves as having a highest
literacy rate in Asia, Filipinos displayed illiteracy level when it comes to their
expression of political participation and selection. The manner to which they
exercise their political rights is uncivilized as evident of the electoral fraud and
other political killings. Political leaders are elected on the basis of family name,
popularity and social status and political institutions are dealt with by political
leaders and the elites as if they owned it or part of their business empire.
The experience of the Filipinoshad been of parties that were not parties but
unprincipled coalitions of the rich, the powerful and the unscrupulous; of elections
that were essentially meaningless exercises in fraud, terrorism, bribery and
demagoguery; of politicians who represented no one but themselves. The peoples
capacity for self-government had been trapped in a political mechanism they had
not learned to work or control, and their capacity for indignation and generosity,
sacrifice and service to the country, left to wither and decay.
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American author David Timberman (1991; 22) also explained his observation of
Filipino political culture:
The exclusiveness of the Filipino family, the importance of patron-client ties, and
the strength of regional and linguistic affinities cause Filipino politics to be highly
personalistic and particularisticMost Filipinos believe that the decisions and
events that shape their lives are determined more by particular individuals that by
impersonal systems and institutions. Consequently, the maintenance of good
personal relations with those in powers is critical. As a result of the personalization
of public life there has been relatively little concern with institutions or ideologies
on the part of leaders or the public.
Political Socialization
o
o
o
o
Religious organizations
Peer groups
Interest groups
Media
Political Parties
Sometimes governments are involved in a political re-socialization particularly
after the collapse of a political ideology like in the case Russia and Germany.
Some states have aggressively controlled the process of political socialization in
order to fully structure the political institutions. Some have strict indoctrination of
the political ideologies like in the case of the Nazi Germany. In the Philippines,
Marcos had tried to introduce a system of political process whereby leadership is
based on constitutionalism and Filipinos were forced to accept a new way of
establishing a new society.
1.1.13 Local Government
Introduction
During the era of Spain, territorial and political subdivisions were created,
however all the powers were concentrated and enforced by the national
government. So as a result, local officials were not empowered to solve the
problems and needs of people, and the national government having no idea of the
problems was so nave as to what programs that can be implemented. The idea of
decentralizing the powers of the national government to the local government was
influenced by the American system of governance.
In the 1987 Constitution, the powers, autonomy and status of local governments
are strictly defined in the constitutional provisions. Thus, local governments
enjoyed a status of autonomy that has not been enjoyed by local governments
before. Today, the national government has delegated a lot of powers to the local
government.
community because they have a firsthand knowledge of the people and the place.
Their easy access and familiarity to the community makes them more reliable.
This part of the module will discuss the autonomy granted to local government,
the taxing power, composition, status, and some additional powers.
Objectives:
At the end of the lesson, you are expected to:
1. Identify the importance, scope and powers of local government
2. Give examples on the powers and scope of local government
3. Evaluate the functions of decentralization and autonomy given to the local
government units
Local Government Defined
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o
o
o
o
o
o
o
o
o
Provinces
Cities
Municipalities
Barangays
Autonomous Regions for Muslim Mindanao and for the Cordilleras
Dual Status Of Local Governments:
Decentralization Defined
Some of the powers possessed by the national government are transferred to
the local government. Local governments can be effective in their operation when
vested with some powers for the necessity of their operation. Decentralization is
act of the central government to transfer basic powers to local government units.
Why Is Autonomy Important For Local Government Units?
A political entity that does not have control of the operation within the political
jurisdiction cannot function well, so autonomy is a necessity for local government
units to ensure their fullest development.
o
o
o
o
o
o
The Following Are Legal Processes To Which The People May Participate:
1. Recall Of Officers is the legal process by which the registered voters of a local
government unit remove, for loss of confidence elective local officials.
2. Initiative is the legal process whereby registered voters of a local government
may directly propose, enact, or amend any law or ordinance.
3. Referendum is the legal process whereby the registered voters may approve,
amend or reject an ordinance.
Taxing Power Of Local Governments Constitutionally Granted:
o Exists Independently Of Legislation local government units can create sources of
revenue
o Not Absolute the taxing power of the local government is constitutionally
restricted; however it does not mean that their autonomy is usurped by the
national government.
Creation, Division, Merger, Of Any Local Government Unit:
1. Barangay - A barangay may be created, divided, merged, abolished or its boundary
substantially altered by law or by an ordinance of the sangguniang panlalawigan or
sangguniang panlungsod subject to the approval of the majority of the votes cast
in a plebiscite to be conducted by the Comelec in the local government unit or
units directly affected within such period of time as may be determined by the law
or ordinance creating said barangay.
2. Municipality - A municipality may be created, divided, merged, abolished, or its
boundary substantially altered only by an Act of Congress and subject to the
approval by a majority of the votes cast in a plebiscite to be conducted by the
Comelec in the local government unit or units directly affected. Except as may
otherwise be provided in the said Act, the plebiscite shall be held within one
hundred twenty (120) days from the date of its effectivity.
3. City - City may be created, divided, merged, abolished, or its boundary substantially
altered, only by an Act of Congress, and subject to approval by a majority of the
votes cast in a plebiscite to be conducted by the Comelec in the local government
unit or units directly affected. Except as may otherwise be provided in such Act,
the plebiscite shall be held within one hundred twenty (120) days from the date of
its effectivity.
4. Province - A province may be created, divided, merged, abolished, or its boundary
substantially altered, only by an Act of Congress and subject to approval by a
majority of the votes cast in a plebiscite to be conducted by the Comelec in the
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local government unit or units directly affected. The plebiscite shall be held within
one hundred twenty (120) days from the date of effectivity of said Act, unless
otherwise provided therein.
1) Component Cities - form part of the province, voters of component cities which are
under a province have the right to vote for elective provincial officials.
2) Highly Urbanized Cities are independent of the province, they are not subject to
the supervisory powers of the province.
Autonomous Regions:
ARMM or Autonomous Region in Muslim Mindanao was created as a result of a
long clamor of the Muslims to be granted autonomy in running their so called
ancestral domain and have control and allocation of natural resources. Muslim
Mindanao does not mean that all provinces of Mindanao exercise autonomy or
part of the ARMM, only those provinces that voted to be autonomous were
members of the ARMM.
Provinces That Are Part Of ARMM:
1. Maguindanao
2. Lanao Del Sur
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3.
4.
5.
6.
Tawi-Tawi
Sulo
Basilan
Marawi City
Another act that would have created the Cordillera Autonomous Region was
rejected by the Cordillera voters, only the province of Ifugao had voted for the
autonomous region. The Cordillera Region is composed of Benguet, Mountain
Province, Baguio City, Ifugao, Kalinga, Apayao and Abra.
1)
2)
3)
4)
5)
6)
7)
8)
Administrative organization
Creation of sources of revenue
Ancestral domain and natural resources
Personal, family, and property relations
Regional urban and rural planning development
Economic, social, and tourism development
Educational policies
Preservation and development of the cultural heritage
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One of the major structural features of Philippine political system is the specific
composition in the constitution of the three branches of government namely: the
legislative, the executive and the judiciary. Though the structure revolves around
the three branches of government with a seal of independence and powers, the
president who represents the executive branch is the head of the state and the
head of government and with this commands tremendous power and influence in
the political arena.
The highly centralized framework of the government has made it possible for the
president to have a strong influence in the political process to which the members
and officials of the three branches are elected and appointed. It is through this
power that those who are willing to work in the government either as a career or
34
This section of the module will discuss the electoral system, presidential politics,
party system, party-list system, interest groups.
Objectives:
At the end of the lesson, you are expected to:
1. Identify the set-up of Philippine political party system
2. Point out the strengths and weaknesses of political party system in the Philippines
3. Describe the party system in the Philippines
The power over the purse of the presidency explains the phenomenon of party
switching, (Montinola, 1999). Combined with other powers, the president has a
formidable force to control the legislative branch, thus influencing the legislative
agenda, the partys ideological platform or even the entire government.
The presidential set-up is not good in a country that adheres to a multi-party
system or vice versa because parties will not thrive if it can be controlled by the
president or the president has the power to create party instead of the party
creating and making a representation in the government or form a government.
The Following Are Observed As Idiosyncrasies Of Presidential Set-Up :
o
o
o
o
o
o
o
o
o
o
This Electoral System has created a lot of problems in the Philippines. It resulted
into minority leadership which in turn can be easily challenged by people who did
not support or vote for a particular government official.
Aceron, (2009) has stated that a plurality electoral system when combined with
multi-party system is problematic. Aceron further conclude that a plurality system
works best in a two-party system just like in the United States. If it is applied in a
multi-party system just like in the Philippines its result does not guarantee a solid
majority and a unified populace. Aceron (2009) further added that there are
preconditions that govern a successful application of the plurality/ majority
formula that arguably does not exist in the Philippines, these are:
o Homogenous society
o Fundamental political consensus among population in regards to the majority
rules
o The probability that the minority can become a majority
The Following Are The Effects Of Philippine Electoral System:
o
o
o
o
o
o
Minority leadership
Leaders are susceptible to opposition
Leaders do not show allegiance to the party
Coalitions are not common or lack of coalition building
Proportional representation does not exist
The link between the results of the elections and the configuration of leadership in
government is diluted (Aceron, 2009)
Interrelationship With Other Branches Of Learning:
No precise and definitive boundaries can be placed around a subject as
comprehensive as political science. It shares many points of common interest with
other social disciplines.
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1. History The bond between the political scientist and the historian is obvious in
the observation that history is past politics and politics present history. The
political scientist frequently adopts a historical approach and employs
knowledge of the past when he seeks to interpret present and probable
development in political phenomena.
2. Economics Until late in the 19th century, political science and economics (the
study of the production, distribution, conservation, and consumption of wealth)
were coupled under the name of political economy. Today, these fields are jointly
concerned with the fact that economic conditions affect the organization,
development, and activities of states. Which in turn modify or even prescribe
economic conditions? The political scientist regularly adopts an economic
approach when seeking to interpret such matters as public financial policies
and government regulation of businessmen.
3. Geography Geopolitics (a science concerned with the study of the influences of
physical factors such as population pressures, sources of the raw materials,
geography, upon domestic and foreign politics) indicates one approach which a
political scientist frequently must adopt to help explain phenomena as the early
growth of democracy in Great Britain and the United States its retarded growth in
certain Continental Europe, and the rise of authoritarian governments in
developing countries.
4. Sociology and Anthropology - The political scientist, the sociologist (who specializes
in the study of the society as a whole), and the anthropologist (who studies
mankind in relation to physical, social and cultural development) are all deeply
concerned with 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.
5. Psychology The political scientist as well as the psychologist promotes studies of
the mental and emotional processes motivating the political behavior of the
individuals and groups. One of the many topics which the political scientist
handles from a psychological propaganda is that of public opinion pressure
groups, and proganda.
6. Philosophy The concepts and doctrines of Plato, Aristotle, and Locke (and other
universal thinkers about the state) are important to the concepts are the
underlying forces in the framing of constitutions and laws. The political scientist
considers the branch of philosophy called ethics, too, when he contemplates the
moral background of proposed changes in social legislation.
7. Statistics and Logic The political theorist must possess a broad scientific
background and knowledge of current political problems, he must employ
scientific methods in gathering or evaluating data, and drawing conclusions. These
involve a proper application of statistical procedures for the quantitative
39
Party System
Every political leader in the world is associated with a political party. Political
parties are considered the training and breeding ground of future leaders. Political
parties are tasked to screen candidate selection, formation of political alliances,
political objectives and vision in response to problems faced by the nation and
interest confluence.
In the Philippines, political parties do not have a strong political alliance that is
maintained even after or before elections. Alliances of members are temporary
and usually based on financial support that a party member could get from his/her
membership rather than ideological interest. Membership in the political party is
like membership in a sports team in which the player can be pirated or transferred
to another team depending on financial offer. The life expectancy of membership
and the political party itself is very short.
40
This type of political party system can be blamed on the political culture of
politicians and political leaders as well as the voters; Filipino voters do not vote
candidates based on party affiliation or party political platforms, their choice of
candidate is based on family name, popularity, and financial offer of candidates.
Politicians do not even use in their campaign slogan the platform of the party but
craft their own motto that can be easily recalled and remembered by voters.
What defines a party? It is a party if its representatives represent the true platform
of the party and it has well-maintained machinery in selecting political candidates
not just for a particular election season but in every electoral process. It has
permanent membership and has capable of financial support to the members. In
addition, Lawson, (1989) has stated that it nominates candidates to stand for its
name; and it exercises power on behalf of the general public. However, Meyer,
(2007) strictly defined political party as large organizations with a certain amount
of centralization and presence across the country.
Heywood, (2002) Also Provides The Following List Of Functions That Political
Parties Must Perform:
Party List System was conceived under the 1987 Constitution and was part of the
adoption of multi-party system. The idea of party list system is to allow
marginalized group or sector of society that is not represented by the political
parties or parties that filled candidates in the elections. Party list system is also a
form of proportional representation in the government through the lower house.
Unlike political parties where the name of the candidates were the ones
dominating the campaign, party list groups do not campaign on the basis of the
name of their candidates rather based on the organization or sector they are
representing. In voting for the party list, voters do not write the name of the party
representative but the name of the party itself.
The declaration stressed in the 1987 Constitution was that party list system will
give underrepresented or marginalized sector of society a chance to obtain
representation in the House of Representatives so that they could be able to
participate in the formulation of laws that could be of value to the sector they are
representing and the nation as a whole.
according to the interest they represent. In the Philippines, an interest group that
is critical to the policies and programs of the government is called political interest
group or pressure group. But according to Remegio Agpalo the distinction is not
essential since all interest groups are normally formed to influence, fight or attack
the government policies, regulations or programs, and because of this, they
become the center of governments restrictions and control.
Interest groups thrive in a democratic society. The democratic ideals adhered into
by the Filipinos have encouraged the formation of interest groups who served as
the check and balance of the society against the abuse of power of the state.
However, there are interest groups that could destabilize the government in an
effort to get immediately the reform they wanted.
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3) Fire Brigade groups that are formed to lobby a specific issue but automatically
dismantled once the issue is resolved.
Examples: a group seeking the repeal of death penalty, a group seeking not to
pass the R.H. bill
Functions Of Interest Groups
1.
2.
3.
4.
5.
6. The commissioners appointed are ineligible for re-appointment for a period beyond
the maximum tenure of seven years
7. Appointment to any vacancy is only for the unexpired portion of the term of the
predecessor
8. The commissioners cannot be appointed or designated in a temporary or acting
capacity
9. The commissioners are removable only by impeachment
Rendition Of Decision And Judicial Review
o Any case or matter brought before the commission requires a majority vote of all
its members within sixty days from the date of its submission for decision or
resolution
o The decision rendered by the commission may be brought to the Supreme Court
on certiorari
The Civil Service Commission
The civil service commission is created to ensure the merit, fitness and
professional capability of the people who render service/s to the public and to the
interest of the public.
o
o
o
o
To have an agency that controls and directs the civil service system
To have an agency that enforces civil service legislation
A safeguard for the implementation of the merit system
Protection of professionals in the exercise of their respective professions
Meaning Of Civil Service:
Civil service means professional body of men and women who render their
professional expertise in the government service and made it a lifetime career.
Civil service is also used to refer to the system of admission and selection in the
government positions that may only be given to those who have the intellectual
expertise to carry on the task of their position.
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Branch of government
Agency of the government
Subdivision of the government
Government owned and controlled corporation with original charter
The Merit System
The Merit System in contrast to the spoils system is the process of promoting or
hiring government employees based on their capability to perform the job not on
the basis of political affiliation or connection. The principle of merit system
protects those people who are highly competent enough to get the position or to
be promoted against the spoils system that is usually common in the government.
In the government, there are two practices of merit system:
Non-Competitive Positions
Only Congress can abolish any civil service office if it is not a constitutional office.
Abolition of the office does not mean removal from office; the officer is protected
under the constitution as long as the position remains.
o
o
o
o
o
o
o
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o Chairman
o Six commissioners
o Appointment and terms of office
o
o
o
o
o
o
o
o
o
o
Finality Of Decisions
Electoral Cases once decided by the commission are final, executory and not
appealable. However, positions involving regional, provincial and city officials may
be appealed to the Supreme Court.
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and humane society and establish a Government that shall embody
our ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Meaning Of Preamble
The term preamble is derived from the Latin Word preambulare which means to
walk before. It is an introduction to the main subject. It is the prologue
of the Constitution.
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