Scribd Logo
Upload

Welcome to Scribd!

  • CONSTItution

    Uploaded by

    Frances Subido
    3 views133 pages
    general

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    general

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    3 views133 pages

    CONSTItution

    Uploaded by

    Frances Subido
    general

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 133
    The Pillippine Gevernnsent end The New Censtitution Herson Soriano Valmores Saint Mary's University hed and Printed by Publishing House luova Vizcaya ‘smu.eduph (FOR INSTITUTIONAL USE ONLY) . to Ma'am Agnes T. Bautista, Ed.D. for giving me the opportunity to appreciate the beauty and nobility of the teaching profession; to Ma'am Elaine E. Rojo, Ed.D. and Atty. Cristeta B. Leung, CPA, my former Deans in the College of Commerce and Accountancy of the University of Baguio for the support and understanding and Most of all, for believing in me and fighting for me even when the administrative pressure to “get rid of me” prejudiced their status in the University hierarchy; to Fr. Jess Hechanova for making it compulsory for the faculty to produce their modules, without which mandate, this undertaking could not have been possible; Ma'am Mercelita V. Orden, Ed.D., Vice President for Academic Affairs; Ma'am Evangeline B. Escobar, Ed.D., Vice President for Finance, Ma'am Rosabel A Abuan, Ph.D., former Dean of the School of Arts and Sciences; Sir Leopoldo A. Valdez, Ph.D., the Dean of the School of Public Administration and Governance (SPAG), Ma'am Yolly G. del Rosario, Head of the Social Sciences Department; Sir John Tayaban and his staff for opening the doors of Saint Mary's University for me; and to my colleagues in the School .of Public Administration and Govemance (SPAG) and Department of Social Sciences for making me “feel at home”, +. to my friends, special mention to Atty. Temie P. Lambino, Atty. Charlotte Fraulein F. Garcia-Lambino, Mr. Dem M. Mamaat, Atty. Marjorie W. Maranan and Atty. Jovelyn Grace B. Advincula for making me believe in myself amidst doubts of what | am capable of doing. | am especially grateful to Hon. JOSE B. ROSALES, the Executive Judge of the Regional Trial Courts of Bayombong, Nueva Vizcaya and Presiding Judge of RTC Branch 27 for giving me the opportunity to professionally grow under his good example founded on moral propriety; and .. to my SMU students for the appreciation and daily classroom challenges, and to my former students in the University of Baguio for inspiring me in letting me know how | “touched their lives” To all of you, my sincerest thanks — for always. . ON bole San Antonio South; Bambang, Nué October 2005 TABLE OF CONTENTS UNIT |- INTRODUCTION CHAPTER 1 ~ THE STATE, THE GOVERNMENT AND THE CONSTITUTION ...... es THE STATE The Origin of Political Science... The Definition of Political Science . The Elements of a State ... State and Nation, Distinguished Theories on the Origin of State .. THE GOVERNMENT The Departments of Government The Forms of Government ... The Functions of Government Government and Administration, Distinguished .... The Inherent Powers of Government Similarities Among the Three Powers of Government ...... Distinctions Among the Three Powers of Government ......... THE CONSTITUTION The Nature of Constitution The Statutes ..... Constitution and Statute, Distinguished .. Classification of Constitutions ....... Essential Parts of a Written Constitution Review Questions.. References ..... PAGE Panna iii UNIT Il - THE STRUCTURE OF THE PHILIPPINE GOVERNMENT CHAPTER 2- THE HISTORICAL PERSPECTIVE OF THE PHILIPPINE GIVERNMENT ..... The Pre-Historic Period The Spanish Period .. Revolutionary Period The American Period The Japanese Period The Third Philippine Republic The “New Society” The EDSA Revolution and the New (1987) Constitution ... Review Questions. CHAPTER 3 - THE LEGISLATIVE DEPARTMENT... THE CONGRESS OF THE PHILIPPINES The Senate ... : prest The District Representatives .. The Party-list Representatives The Congressional Elections .. Privileges of the Members of Congress ... Restrictions upon the Members of Cong} The Electoral Tribunals ...... The Commission on Appointments THE POWERS OF CONGRESS The General Legislative Power Of Congress ... The Parts of a Statute The Power of Legislative ina CHAPTER 5 ~ THE JUDICIAL DEPARTMENT... War Powers .... The Power of Concurrence Other Powers of Congress Review Questior Proposed Activities. References ... CHAPTER 4 ~ THE EXECUTIVE DEPARTMENT.........0...0...0:ccst THE PRESIDENT AND THE VICE-PRESIDENT Qualifications of the President and the Vice-President ... Term of Office ... Presidential Elections ... Presidential Perquisites Presidential Restrictions Presidential Succession THE POWERS OF THE PRESIDENT Executive Power . Appointing Power . Military Powers Power of Executive Clemency ... The Borrowing Power. Diplomatic Powers ... Other Powers of the President Review Questions.. Proposed Activities. References ... The Judiciary ... The Independence ofthe Judiciary Requisites of Judicial Inquiry .. The Supreme Court .. The Powers of the Supreme Court Review Questions.. CHAPTER 6 ~ POSTULATES OF REPUBLICANISM ... 91 Impeachment .. 111 J Recall ... 112 The Separation of Powers 1 Review Question: 115 Blending of Powers ... 92 Proposed Activities... 115 The System of Checks ar 92 References ... 116 | Constitutional Amendment/ Revision 94 Review Question: 96 UNIT Ill - PRINCIPLES AND POLICIES UNDERLYING Proposed Activities. 96 OUR SYSTEM OF GOVERNMENT References 96 . CHAPTER 9 - THE NATIONAL TERRITORY... 117 CHAPTER 7 - THE INDEPENDENT CONSTITUTIONAL COMMISSIONS AND THE LOCAL GOVERNMENTS........... 7 Divisions of Navigable Water ... 417 : The Extent of the Philippine Territory 119 THE INDEPENDENT CONSTITUTIONAL COMMISSIONS The Philippine Claim Over: The Civil Service Commission . 98 ‘Sabah/North Borneo 120 The Commission on Elections .. 99 The Dispute Over the Spratlys 121 The Commission on Audit... 101 Review Questions... 122 Proposed Activities.. 123 THE LOCAL GOVERNMENTS References ..... 123 The Local Government Units 102 The Autonomous Regions 102 CHAPTER 10 - DECLARATION OF PRINCIPLES AND The Province 103 STATE POLICIES. 125 The Cities 404 The Municipalities 104 THE PREAMBLE AND THE STATE The Barangay ..... 105 PRINCIPLES The Special Metropolitan Poli The Preamble 125 Subdivisions ... 105 The Basic Constitutional Principles Underlying Constitutional Principles Governing The Philippine Government ... 126 Local Governments 105 Review Questions. 106 THE STATE POLICIES Proposed Activities. 408 On Philippine Foreign Relationship .. 129 References .. 108 On Social Justice 130 On Human Rights 134 CHAPTER 8 - THE ACCOUNTABILITY OF PUBLIC OFFICERS..... 109 On Labor .. 132 On Education . 134 The Office of the Ombudsman ..........ss0 109 On Youth 134 Modes of Removing from Office On Women 135 Public Servants .. 110 The Family .. 135 Termination by ‘Appointing ‘Authority 114 Miscellaneous 136 Expulsion ... 114 The Right to Organization 171 THE NATIONAL ECONOMY AND PATRIMONY The Freedom of Contract . 172 “The National Economy ... 140 Right against Imprisonment for The Constitutionat Economic Bodies 141 _Non-payment of Debts 172 The Police Power and the National Economy ... 143 The Right against Involuntary Ser 173 The National Patrimony ...... 144 Classification of Lands of Public Di ms mete 5 THE POLITICAL RIGHTS THE GENERAL PROVISIONS = The Right to Information on Matters of The Philippine Flag ..... 147 Public Concern 173 The National Name, Anthem and Seal 148 The Right against Detention Solely by Non-Suabilty of the State .... 148 Political Beliefs and Aspiration 174 Suit Against Government Officials and e The Right to Citizenship ... 175 Government Agencies , 150 Who are Filipino Citizens? 176 Military Policies .. 151 Intermarriage between Filipino Citizens and Aliens 176 Review Questions. 152 The Right of Suffrage 179 Proposed Activit 154 References ..... 14 THE RIGHTS OF A DEFENDANT The Miranda Rights .. a 182 UNIT IV- BILL OF RIGHTS The Right to Counsel 184 The Right Against Self-Ineriminatio 184 CHAPTER 11 - THE BILL OF RIGHTS... 187 The Right to Bail. 185 The Right to be Presumed innocen 186 The Nature of Rights ... 457 The Right to be Heard by Himself and Counsel . 187 The Significance of the Bill of Rights to our The Right to be informed of the Nature and Democratic Institutions .. 157 _Cause of the Accusation ..... 187 General Classification of Rights 158 The Right to Have Speedy, Impartial and LS The Constitutional Rights 459 Public Trial 188 The Right to Meet the Witnesses Face | to Fac 190 THE CIVIL RIGHTS The Right to Compulsory Processes . 191 The Right to Due Process of Law...... 160 The Right Against Cruel, Degrading an The Right to Equal Protection of the Laws 162 _Inhuman Punishment ...... 192 The Right against Unreasonable Searches and The Right Against Double Jeopard 194 Seizures 7 163 The Right Against Ex-Post Facto Law and Right to Privacy of Communication and __ Bill of Attainder c...sssssseessscsenssseesnsteneeetinen 195 Correspondence 167 Review Questions. 196 The Freedom of Expression . 167 Proposed Activities. 200 Religious Freedom ...... 169 References The Liberty of Abode and Travel ... 4714 , viii The Right to Organization . 171 The Freedom of Contract 172 Right against Imprisonment for Non-payment of Debts 172 The Right against Involuntary Servitude 173 THE POLITICAL RIGHTS The Right to Information on Matters of Public Concern 173 The Right against Detention Solely by Reason of ~~ Political Beliefs and Aspirations M74 The Right to Citizenship : 175 UNITI Who are Filipino Citizens? 176 Intermarriage between Filipino Citizens and Aliens 176 BASIC CONCEPTS ON POLITICAL SCIENCE The Right of Suffrage 2 179 ‘ . “Every state is a community of some kind, and every THE RIGHTS OF A DEFENDANT . ‘state is established with a view to some good; for mankind The Miranda Rights 182 ~always act in order fo obtain that which they think is good. But The Right to Counsel . 184 ee eed crete eee The Right Against Self-Incrimination 184 ieratanr eee es ihe ‘s hala apne eer The Right to Bail 185 t 900d in a greater degree than any other, a The Right to be Presumed Innocent 186 tthe highest good The Right to be Heard by Himself and Counsel 187 -Aristotle- The Right to be Informed of the Nature and Cause of the Accusation 187 “Politics* The Right to Have Speedy, Impartial and Public Trial 188 The Right to Meet the Witnesses Face to Face 190 The Right to Compulsory Processes 191 The Right Against Cruel, Degrading and Inhuman Punishment. 192 The Right Against Double Jeopardy 194 The Right Against Ex-Post Facto Law and Bill of Attainder 195 Review Questions 196 Proposed Activities : » 200 References 201 . BIBLIOGRAPHY 203 APPENDIX 205 1 THE STATE, THE GOVERNMENT AND THE CONSTITUTION The study of the Phiipine Goverment based on the 1967 Consttuéon necessitates the understanding of the basic concepts of Poitical Science. The comprehension ofthe general ideas and basic principles of Political Science isa pre- rezuisie fo the ful and meaningful analysis of our governmental sructure.. Hence, this chapters devoted tothe cscussion ofthe partnentconceps of Plcal Science. _-—THE STATE ae ORIGIN OF POLITICAL SCIENCE = it was the Greek philosopher Aristotle (384-222 B.C.) who plonesred Political Science as a distinct field of study. In his treatise entiled Politics, he immortalized the political incination of men by saying: “man is by nature a politcal animal. He posited ‘hat itis the natural and ineviable predisposition among men tobe imolved ina political relationship. This nature of men resulted to the emergence of politcal insttutons, ‘among which isthe state, However, twas th French philosopher Jean Bodh (1520-1596) whi) coined the ‘term "political sciencs" (science politique). Being q lawyer by restricted the concept of pots to reer to any instution related to lew (ecisleture, executive and Jucizay)- This resticted ‘was reinforced by another French philosopher — Montesquigu (1689-1755) — tio argued that govemiments exist 50 as legislation, and adh may take place. But the concept of Polical Science went beyond the confines of what was imagined by ts foreathers. The study of Poltical Scence evolved into a more complex ‘and encompassing field of stidy a itis today. THE DEFINITION OF POLITICAL SCIENCE Political Science has been operationally defined asthe study ofthe stale. This is evident from its etymology. The term was derived from two Greek words “pols" and “ecie which means “aly state" and “to know orto study’, respectively. Inasmuch as city-states are no longer in exstence (Sparta and Athens are aready things ofthe past), pokical science, as applied to our present times, refers tothe study ofthe slate, This wil bring us to the concept of state. An American author defined state {echnical as “@ community of persons, more of less numerous, occupying a definite potion of tenor, having @ government of their oun to which the great body of inhabiants render habiual obedience and enjoying Freedom from extemal conto “This s rather long, yet the most comprehensive defifon of the term since it embodies al the essential elements of the stat, ~“THE ELEMENTS OF STATE ‘To qualty techncaly as a state, an entity must possess the folowing essential elements: people, teritary, goverment and sovereignty. People. This refers to the mass of fvng within a particular toritry Tere is no specific requirement as fois size. Ttmay be as lange 28 China wih more than a blion population, oF 2s smal as Vatican which population is about a hundred thousand only. What is important is thatthe population must be sufcienty large to fend the state at mes when its independent existence is being threatened; but it shoud be small enough to be sustained by ts lnited resources. Moreover, to ensure ‘the continued existence of the state, its people must be capable of perpetuating themselves. This means thal the population must be composed of males and of females to make procreaton possible. This is because without procreation, people wil cease to exist sooner or lter. And without people, there sno state fo tak about. Tenttory. It refers tothe ion of Eat wich is inhabited by people. There is aso no qualification as to Mow large or small it may be. itmay be as lage 25 that of Canada or the United States, o it may be as small as Fij or Singapore. As an indispensable and practical requirement, though, a state should deftly ascertain ts boundaries, not only to maintain peacelul coexistence wih is neighboring states, but also to detenine the extent fs jrisction ‘The components ofa tertory ae: ~ =F Tartestal domain (the land mass which is inhabited by people) 2. Manitime ot fuvial domain (the bodies of water within the jurisdiction of the 3. ata camain (the aspace above the teresiai and martime domains). The temitary of a state may comprise offal, terestal and aerial domain (as in the case ofthe Philippines), or of terrestrial and aerial domains ony (as in the case of landlocked countries ike Nepal). However, it is not possible for a stale to have a tertiary comprising of fuviai domain only (as itis physically impossible for people to lve under wat), or aerial domain only (since the law of gravity makes it impossible for ‘people to Ive perpetually on ait) Under the pubic Intemational law, there are five ways by which a state may ‘quit or expand is tetory: » pore 1. Disoovery and Occupation, This involves the discovery of uncongu {emitones, which was the primary concem of the two Iberian superpowers ‘that were Spain and Portugal in the 13* and 14 cantury, That was the time ‘when the two empires were in constant competition of finding “new lands” or toriories that are dassifed as ‘lara nul’, or a domain nat owned by any state. Discovery, however, i just one side of the coin. More importantly, the discovery ofa ‘new land’ must be coupled wit an effecive occupation, ‘meaning, the newly discovered territory must be placed-under the dominion of the “discovering state". However, as actly observed by former Suprome Court Justice Edgardo L. Paras, ‘this modality is virualy obsolete sino almost ail habitable territories on Earth have been discovered and occupied”; 2. Prescription. “This entails an manner for a considerably long Santnuous, adverse, o9en, and exchsive Period of time”. A stale acquires or expands it territory through this modality ‘by occupying and exercising dominion over an area, the ownership of which had been abendoned, expressly or imped by its prevcus owner, Fora price or out of generosity, @ state may transfer the ownership ‘of a femitory to another which would result o the expansion in the territory of the recipient state. An example of this is the transfer of ownership of the Prilppies by Spain tothe United States by vue of the Treaty of Pais ft ‘was stipulated in the treaty that, in retum, the United States will pay Spain $20 milion; 4. Conguest and Subjugation, The first mode of acquiring or expanding a {territory (discovery and occupation) presupposes that an area is uninhabited, . ‘Thus, when the “discovering state” exercises dominion over the area, it does ‘not have to contend to any resistance, The scenario would be different if a slate seeks to place an occupied or inhabited teritory under its contol In such an instance, the use of violence or force against the present occupants would be nenessary and, fit emerged witorous, t may now claim ownership cover the tertiory of the vanquished state. This modality is associated with tho rise of imperialism which made it possible for superpowers to aqquie ‘soveral tenors through their superior military foroe. However, under the ‘rosent Charter of the United Nations, conquest and subjugation is aready ouawed; and 5, Aesretion “Ths process ents the atachment of sl tothe pina and aiready-exising tortor ofa State, ether by natural process (by sea waves or by the curent of the rver), oF by atficial means (by way of reclamation’ process)". This resus to the expansion of the temtory ofthe state to which ‘he sols attched. ‘Government. Since the State is abstract or intangible, the only way by which its ‘operation becomes susceptible to observation is through the action ofits agent —~ the goverment. Stated otherwise, the state is personified by its governinent. Thus, ‘goveriment may be defied as an agency through which the will of the state is foster, exressed anced ot oi ‘Sovereignty. Sovereignty is from the French word ‘or “one who stands supreme over anather’. On the basis thereof, sovereignty refers 10 ‘he supers power Lites 0 EN vo power ich all interests are practically subject and all wils jinated". Without this element, the state becomes mere paper tiger incapable of demanding obedience ‘omits inhabitants. This will reduce the state into an inutile entity. * mening “ Sovereignty has two aspecs: ileal and external. Internal refers to the power ofa state to regulete its domestic affairs of within the confines offs tetory. Extomal sovereignty. on the oer hand, impkes the freedom of state to determine its aa irfervention of another state. This ‘T aspedT oF wovereigity is also known as ‘independence’. It should be emphasized, at this juncture, that the term “state” should be istingushed from the ‘slates’ comprising the United States of America. The term “stale, in its technical senso, comprises of people, tenitory, and sovereignty intemal and externa), The ‘slates’ that comprise the Urited States do not ‘echnically qualfy as a ‘stale inasmuch as they are devoid of extemal sovereignty, ing under the contol and supervision ofthe Federal Govemment of the United they. ‘States of America 7 _--STATE AND NATION, DISTINGUISHED Nation has been defined as “a population having @ common language and Weratire, @ common traction and history, common customs and a commen consciousness of rights and wrongs, inhabiting a lerrtry ora geographical uri. Oftentimes, nation j used interchangeably with state. Technical, ‘hey afer onthe folowing aspect: fae tee icine 1. A lala is move ofa plfcal concept while a cation is more of an eftnic conse 2 The can be arate wt Be on a it. However, when a state ther must be at leet one rag, When. state Is composed of one nate oy aed pone-saoaltae Rote save atone win a stat, its called state, Severn 3. Astate must always be independent from extemal cont, & nation, onthe other hand, may or may not be independent from extemal contol as sovereignty is nota necessary elementin a nation as tis ina state; and 4. A stata presupposes the existence of @ goverment and a dette tetory This may not necessarily hold tr in the case of aration __-THEORIES ON THE ORIGIN OF STATE « ‘There is no define exlenaton as to haw the stats came into existence. What 's caren is that here must be some competing faclors thai necesstated fs ceaton. ‘The follwing ae theories that wl give insights ast the probable crgn ofthe tate, ble tale (ne ofthe more popular theories on the origin of state fs he Sonial Céntract Theory, which holds thatthe state came about trough the consent of the people, This | then promo one ea at peope wna pai ery ene ino an | ‘agreement 2s to who among themselves wil exercise the powers of goveramert. The agement caries with it the imped pact that whoever wil 6 chaven Wil be | pina Sechrge gown Gros od aac ener ot et exercise i { ‘constituents. This is wit the presupposition that those who willbe selected ‘he powers of goveriment (pubic ofcers) will promote the general wefare of the people from whom they derved their powers. Failure on their part to advance the ‘common good tantamount fo @ breach of the socal contract. This wil justly the People (cr the govemed) to remove those whom they legiimated to dischage ‘governmental powers. Another theory onthe origin ofthe states the Divine Right Theory. This theory advanced that everthing was of cvne creation (nung all the elements of a state) ‘and that God ordans those who are exercising the poners of government. Here the people are abiged to support and abey the government no matier how oppressive t may be. In other words, a Divine Being grants the legitimacy ofthe government. This theory especially apps to most monarchial stale just fhe Japan when i was stil under the effective le of the Emperor. This theory is also supported by the following biblical passage: “Let every cerson be sbjct othe goveing eure, Free > aihortyexcent fon God, end ase thal xi have boon inated by God ‘Theriot ret ho aunties eit wha God has appacted ad tose who resi wil incr edger (Romans 15: +6) ‘The statement ‘might-mekes-ight" sums up the Force Theory. This theory presupposes that all societies have {wo elements: the strong and the weak. The sttonger ones imposed ther wil (an exercise of soverelgnty) upon the weaker ones thereby making the fomner the govemment andthe ater the governed. And so state came about. Under tis theory, the egitmacy ofthe goverment is derved from the imposition of force orl bythe might. Dictator regimes are based on tis theory. ‘The Patemalistic Theory attributes the origin ofthe state fo the enlargement of 2 family, According to this theoy, the state stated 2s a faily under the authorty of the oldes. With ha passage of time, the family arew nto a can, and then into a tbe, info a nation untl the stato emerged. Just te @ father in a fami, the state usualy “provides forthe needs ofits ciizens. Hence, paternalistic theory is associated with the so-called ‘wate states. " Instinetive Theory. This theory hots thatthe state is the natural utput ofthe ‘human instinct for political association, which is inherent in man. This theory is encapsulated inthe statement of Aristole that “man is by nature a potical animal. (Esonomic Theory." Tis theory looks into the state from its utitarian perspécive. According to the advocates of this theory, the state was purposely created to respond to the multifarious needs of man to ensure his survival. Implied therefrom is. the recognition that man, on his own, is incapable of addressing to his individual needs ‘and that he hes toveinterdependetly wth others. (Historical and-Evolutioh Theory. This theory suggests that the state is prod ot history. “The state resuited from the gradual and continuous development of human society. Out ofa grossly imperfect social organization, evolved through time Ino a pertect and universal organization of mankind” “THE GOVERNMENT ‘THE DEPARTMENTS OF GOVERNMENT Government has been defined as agency through which the wil ofthe state is formulated, expressed and carried out. Being the “agent” ofthe state, the goverment merely acts for and in behalf of the state, Hence, whatever good is done by the ‘goverment is attibutabe tothe state, However, harms inficted by the government should be blamed solely on @, not fo the state. in such @ case, the people may be justfed in overthrowing the goverment (not the state) by revolution. This principe ‘known as the Direct State Action. In most civized states, goverment has three departments In wom the basic powers of govern rested — th tue, te excue ceprinen and he Judiciary. The legislature is that department of goverment which primary function isthe making ot formulation of laws, The exercise of legislative power may be vested in an individual (which isthe case in most dictatorial and monarchial states) or a council ot body depending on the structure of goverment of a siate. Is name may differ from ‘one stale to another. tn the Philppines and in the United States, for example, their legislatures share the common name Congress; in Great Brain it called Pariament; In Japan, itis designated as Diet. What is essential in determining whether its indeed €@legisiature i function. which i the making of ws. The executive department, on the other hand, i that department of government wtich primary task is the implementation of laws enacted by the legislature, While the exercise of executive power is generaly vested ina person( as in {he case ofthe Phifppines andthe United Slates where executive power isin the hands of the President in Greet Britain and in Japan, the Prime Minister, in Germany, the Promie) itmay aso be exercised by a counc’ (ust ike in Switzerland). However, the fetent of power ofthe chef executive is wholy dependent onthe Constitution, which defines the aflocation of power among the theo departments of government. Finally, the interpretation of laws is vested in the judiciary. This department takes cogrizance of cases or disputes arising ftom the implementation of laws. The resalution of cisputes by the judiciary s made possible by interpreting the provision of law ancl agjuicating the rights and cbigaions of the patties involved. In most states, judeial power is usualy vested in an impartial court or ibuna ‘THE FORMS OF GOVERNMENT Government comes in diferent forms, and may be classified on the basis of the following criteria ‘TRooorig 6 te |Z Atcang ols | TAccoring wo aocaion [Tomacngtote ——) umber of nies | legitmacy ‘of power tbatsen tte | rdatonhie betwen te | + monary = dolazo rnaloalandiocal | oxculve doparirant | + atoerecy scope | gmvemments and the legiaire = democracy + federal + paementary | sunita + resontl Monarchy i that form of government where a single individual monogoizes the exercise of governmental powers. Stated different, in this form of govemment, the ‘monarch (popuiaty known as the King or Emperor) makes, implements and interprets the law. He iS the legislator, the chief executive and the judge roled into one Monarchial governments may be further classed into an absolute monarchy and a limited monarchy. An absolute monarchy is that where the powers ofthe ruler are not subject to any form of restriction. Everything is under his discretion. inthis form of ‘morarchy, no law is above the ruler because tie rer himself dictates the law. An example, of this form of monarchy the rue of sutansidatus in the Phippine barangays during the Pre-Histrc period. On the other hand, ina fimited monarchy, ‘he powers ofthe rd are subordinated othe provisions oflaw, tis tru thatthe euler monopolies the exercise of governmental powers but the ruer is bound (0 observe certain restrictions. Inti frm of monarchy, nobody & above the w and the rl is of no exception. In aristocracy, the powers of goverment are in the hands of few privileged class, This isa government conralled by the ele ofthe society who holds high social status, and possesses wealth and polcal power. These advantages that they enjoy ‘are passed from one generation to another. Stats, meath and power, therefore, are hereditary. The positon ofa person under this fora of goverment is determined by \who he is (or who his parents are), rather. than what he does or what he-can do.. An ‘example of this fom of governments the system of Apartheid in South Africa prior to its abolition, Under that system (which is also a classic example of racial dsciminaion), ony the minorty white (he prvlegod las) can occupy a pasion i ‘goverment. The lacks, which compose the major of he population, were excluded, Fly, democracy isthe form of govemment popularty known as the ‘ule of ‘he majoriy’. This is a goversment “run by the people, of the people and for the ‘ pee Ths fom resuroses tat gets go! fy the greet runt, ad te é umber (he major ‘an active prt in the decision-making process atfets the uriversal intrest. Ha Ae neee! : er maj be essed ny ure! demaracy end rep 2 ve democracy. Jn democracy, the themseves wit >, directly and ermaly deh nalon hat ere eta Th wa the orginal ‘concept of democracy a8 concaived and practiced by the Greeks. Jean Jacques eee Pureldirect democracy 2s the perfect expression of popular soverigny. Buthe understood the unusual ckeumsta ae " mnasual reumstanoss that ust concur to realize 4, "The number ofctzens must be sal 2. Property and wealth must be istiouted equally, (3 The society must be cuturaly homogenous; and 4. Those who administer the laws must not be allowed to function independent ofthe popular wil that made the awe. On the other hand, in republic or representative , the greater umber (the majonty) does not cecide directly. They wil decide through the intervention of their chosen representatives, This is with the presumption tht these Tepreseniatves wil eke into primary consideration the intrest of the malorty whom [hey represent whenever they partake in decisionmaking processes. This is the On the basis ofits leaitmacy, goverment may be cassifed into a de facto and 4 de jure. de facto goverment is that which is established in defiance of the legitimate rr. It's one, which has no legal authority to exercise goverment powers but isin actual discharge thereot. On the cther hand, a de jure government is estabished by authoriy of the sight sovereign. It is that which has legal basis to «scharge govemmental functions buts notin actual exercise thereat. rte Que ___ To ilustrate, Menuel Quezon was re-elected as Present of the Philippines ~ during the Commoneath period. When the World War l rake out, Quezon fed fo the United States and established his govemment.in-exie in Washington. Way back in the Philippines, it was the Japanese (through the Laurel Administration) who was actually _administring the afars ofthe Philippine Goverment. Here, the Laure! Administration {is the defacto goverment (no egal authoty buts in actual exerese of goverment powers). The goverimentin-exle ofthe Quezon Administration isthe goverment de Jar (with egal authority to cscharge govemmental uncon but isnot in actual exercise thereo)) On the basis of the division of power between the national and local governments, goverments may be classified ino unitary system and federal system. in unitary system, the exercise of goverimental powars is primarily vested in the ‘ational government and everything is centralized to. Tha ical govertments can only cischarge govermental powers when so delegated by the natonal govemment. The former has no inherent power to exercise the powers of goverment. On the other ‘hand, in federal system, the discharge of govermental powers is divided between the ‘national and local governments, Under tis system, the powers of goverment are not concentrated on the natonal govemiment. The local government is possessed of ‘govemmental powers even wihout mandate or delegation from the rational ‘goverment. This is best ifustrated by the Unted States where the powers cconséitufonaly granted unto states (local goverments} cannot be interfered upon by the federal or central government which powers are likewise constitutionally delineated, Finally, on the basis ofthe relationship between the executive and legislative departments, goverments may be classited into presidential or parliamentary system. These two forms may be differentiated as follows: 1. In the presidental form, the people drecty elect the members of the executive and legislative department; i the parfementary form, the people wil only lect the members of the legislature, In tum, the chief executive shall be elected by the members ofthe legislature from among themselves. in most instances, te chief executve i the leader ofthe dominant poical partyin the legislature; 2. In the presidental form of government, the chet executive exercises only executive power, in the parlamentary form, the chief execuive exercises both executive and legislative powers (since he i also a member of the legislature); 3. The legislature can terminate the term of the chief executive in the patizamentary form, ‘This is not possible in the presidental form since the legisave and the executive departments are consitutonally independent unfke in. the pariamentary form where the legslatve and executive departments are merged; 0 4. Inthe pariamentary frm, the Cabinet members are drecy accountable to the legislature, while in the president form, the Cabinet members. ae directly accountable tothe Chel Executive. FUNCTIONS OF GOVERNMENT ‘The goverment performs two kinds of functions: von? jons: the constituent functions and ‘The constituent functions “constitute the very bonds of society and are therefore compusory. The governmert cannot waver in the performance of hase ae le like the preservation of peace and order, the administration of justice, +f ~”~On the other hand, the minlstrant functions aré those wich perfomnence ‘ery opional. They ae intended for aciovng 2 batter Me forthe comemsity but {hey may be dspensed with. This includes public charty and the regulation of rade These the govemment have to perform on the basis ofthe doctrine of parens _patiae whereby fe goverment staked fo be te guaran of te people Te ‘octine mandates the government to secur. the best interest of ctizenry trough fe oper oromance of incon in fect tis doctine Ras oiteaed the - diference ‘constituent and minstrant functions obsolete the ministant functions of goverment foeeee cee GOVERNMENT AND ADMINISTRATION, DISTINGUISHED EB “The government must be distinguished from an administration. The latter =. fafers o_a group of persons in whase hands the reins of ovement are tag “The sitar nes te goer eases opoas« rece, Hence, we speak ofthe Amoyo Administration 26 directing the af of goverment ate rca another administration may be called upon fo takeover. Adnan Is Sytralwhereas the goverment is penranent (Cue, Piprine Pola Law, po, THE INHERENT POWERS OF GOVERNMENT The inherent powers of the government are the polce power, the eminent a and the {axation power. These powers are considered init” Inasmuch as they are corolary tothe existence ofthe government. They are the very uw ‘essence of govemment without which it can hardly exist, The bith of a stale ‘automaticaly carries with it the ight ofthe government to exercise these powers. ‘The police power of the goverment refers to its authority to undertake such actions that wil promote publc health, public safely, public morals and the general wofare ofthe populace. It has been said that the police power is the "mst essentia, insistent and itimfabe of rowers which enable the stale to pri a things prejudicial to the common good”. This power is primarily intended to enable the state to promote the greatest god for the greatest number Being an “ilirtable” power, the poice power is vitally fee from any restcton. Inthe exercise of fis power, even iitiwolves the destucton of property or violation of an individual ght, the exercise ofthe police power i justfd for as fong as Bis done ‘or the benefit of the many. To Hustate, the government may order the closure of theater showing pomographic fms in the exercise ofits police power, This wil defintely prejudice the business intrest ofthe theater owner but the government is justfed because in so dong, the pubic morals ofthe greater majority are protected. “Tho justfcation forthe exercise of police power by the goverament is found in the ancient Lan maxims: ‘salus popu est suprema lex” (the wil of te people is the ‘supreme law of tre land) and “sic wero tuo ut alsrum non laedas” (use your oun so 28 notto injure others). “The exercise ofthis inherent power i primary vested inthe legsature. To be valid, however, the exercise of the police power must comply with the following requisites: 4. The interests of the greater populace require the exercise of the potce ‘power. It should not be exercised forthe benefit ofa private individual only, or fora patiular des ofthe society, and 2, The means employed are reasonably necessary forthe accomplishment of ‘ne objective sought to be achieved and not unduly oppressive to individuals ‘The eminent domain power ofthe slate refers to its autoty to take private properties for public use upon payment cf ajust compensation. Als called the power ‘of expropriation, eminent domain is descrbd as “te highest and most exact idea of property remaining in the government that may be acquired fer some public purpose fhraugh a method “nthe nature of compulsory sale to the sate’. 2 ‘The eminent domain power is primariy vested in the national Jepistare. However, the exercise of said power may be delegated to other gavemimental ettes, Including publ corporatons rendenng pubic service (eg. PLDT, MERALCO, NLEX ‘and NAPOCOR). In the exercise of this power though, the folowing should be observed: 4. The faking of private property must bo for pubic use; 2. Due process must be observed, meaning thatthe private property owner must be given an opportunity to be heard (tat isto show that his private ropety is not necessary forthe pubic use) before he may be deprived of tis property; and 5. The justcomperston othe fr market vate of te propery tken mustbe pai ~ Finally, the taxaton power enables the state to enforce payment of contribution forthe support ofthe operation of the government. This power praceeds upon the theory thal faxes are indspensable without which, the goverment cannot perform is varied functors, This is the reason why taxes are considered as the ‘lifeblood ofthe government they beng inherent or natura. NOTE: The inherent powers of goverment (taxation, eminent domain and oce rowers) must be dingised fro ts basis power (axecutve, eilaive and Judicial powers). The duly constituted authorities can only exercise the latter if itis ‘expressly conferred to them by the constitution. As regards the former, no express cconferment is required as the government can discharge them even without a mandate from the constitution. 4 SIMILARITIES AMONG THE THREE POWERS OF GOVERNMENT 1. They are indsparsable fo effective govemance since the goverment wil be : ‘fendered powerless without them. ‘These powers canbe exercised despt the absence ofa constiutnal grant , evalenst ofthe, Be By reas inherent panes, the goverment may vay interfere with his and properties ofits ctizens. cemeteaeee 4 Tse poms ar gery eget exercise ofthese powers presupposes a corresponding benef, recy or trite received by ha people, cated Ty Roomate quant “ Tray eanea | Rear aye Tamia bs oad thogaermen adie | exces brim grermen are Schca sarcoma | yee gorerment | kepaca asin | {iy atoe gored | ends tepbienens | sadvnare ‘Spares orsbie ‘eines Tate | Aiwa pope ais | Torata ats ToRaTCin funoce "| betakenrpaoune | enainte goverment | woibang ee ease | Beanyeue | {tegera scrves Tapaeaar om [assy opts woh | Tamaya per ‘eh es nownee | conmenty orcas | eormniyet case starerisleaepmty_| psu ‘oieaaie ‘hres ance of |The money SMEBIRE | Tre no ToS [naiomepatyasthe |mtweasertstines | rat prey a j | secon onovitea’ |Scmesarard | nex tw ne Seinen town y | pote hae teva rious eee Liman Beotpesety | [Esme — Ts baon anaes —] Raanrares Hate | Pe prs ano ert” | grvery mee arent | rival ecares tm | recnres mcretand recoves | feavettbetarmara | agement | rca rsa at ‘icogftwcpeny | Relomet poston | ony sane ray eree Glenfontin™™” | Sndbonaisna | fom peinearance Sceedtonbe ‘| clanaiiiysandetat | Sony ‘6 As tothe | There iano amount “Thare is garieraily no | The amount imposed | anorict” | moawaturrerarte | mise eanoureet | shodinotie mare ipottion | oweriapacite | utitmaybs. | hn scat cover omenusctta | posed tran cttene we eves Se eceoy | Se flee | Semin en ‘persan arraten eregaaton eeary SStesmneconse Sia Tao her | Ramare me | Wana rere | Raa Fo Fom Toatenanpto | conaauion ited tw | artnnond ntetone | etd fen” | Grcect ono’ apni | reanetene comaaon | Soranie nop ‘constvtonalittions (Source: Hector S. Oe Leon. The Fundamentals of Taxajon. - Mala: Rex Bock Soe nc, 188, p. 2425) THE CONSTITUTION _ sauna ew gt: at fs oaks conte ‘pres¢ ‘by the state. It may refer either to a constitution or a statute, ‘THE NATURE OF A CONSTITUTION The term constitution was derved from the word ‘constitu which means sfxed’, “established, or “settied’, Also, during the early part of English history, ‘Conslituion refers to laws promulgated by the Crown. These give the consiitution the + attibutes of permanency and superior As te highest aw ofthe lan, al ther laws are subordnatd fo the consttufon tt stands supreme over al other laws. And as the fundamental law of a sta, 2 constitution contains the principles on which the govemment is founded it reguates the

    You might also like