POLITICS, GOVERNANCE AND CITIZENSHIP

ACADEMIC FREEDOM- power of higher institution and its agencies to command learning within the school

CITIZENSHIP- part of the constitution ( Article 4 & 5 )

POLITICAL SCIENCE

- Study of political structures and interaction of human beings (e.g. TYPES: public ad, law, urban
development and etc.)
- Divided by natural (e.g. biology etc. ) and social science (e.g. anthropology)

POLITICS -interaction between people (leader and subordinate)

PUBLIC ADMINISTRATION – management of government affairs. ( ex. Urban development)

GOVERNANCE

- is the act or manner of governing or controlling.

Governance is commonly defined as the exercise of power or authority by political leaders for the well-being of
their country’s citizens or subjects.

LEADERSHIP

- is the art of motivating a group of people to act towards achieving a common goal. In a business
setting, this can mean directing workers and colleagues with a strategy to meet the company's needs.

FORMS OF GOVERNMENT
FORM OF GOVERNMENT HEAD OF THE STATE LEGISLATIVE JUDICIARY
DEMOCRACY/ REPUBLIC SPEAKER OF THE HOUSE/
PRESIDENT SUPREME COURT
Power is in the people SENATE (CONGRESS)
MILITARY/ DICTATORIAL DICTATOR DICTATOR DICTATOR
KING/QUEEN
ABSOLUTE MONARCHY KING/QUEEN KING/QUEEN

CONSTITUTIONAL MONARCHY PRIME MINISTER SUPREME COURT

KING/QUEEN
DIVING GUIDED
THEOCRACY BIBLE COUNCIL OF ELDERS
OFFICIALS
NON ELECTED ADMINISTRATIVE POLICY ADMINISTRATIVE POLICY
BUREAUCRACY
OFFICIALS MAKERS MAKERS
PRESIDENT/ SENATE PER STATE REGIONAL COURT
FEDERALISM
STATE LEADER (PARLIAMENT)
OLIGARCHY
-plutocracy
ELITES/ ARISTOCRATS ELITES/ ARISTOCRATS ELITES/ ARISTOCRATS
-aristocracy
-totalitarian
TRIBALISM CHIEFTAIN COUNCIL OF ELDERS CHIEFTAIN
FEUDALISM LANDLORDS LANDLORDS LANDLORDS
SCIENTISTS/ SCIENTISTS/ SCIENTISTS/
TECHNOCRACY
TECHNOCRATS TECHNOCRATS TECHNOCRATS
LAW AND LOGIC- presumed that all laws are logical (unless the judiciary says it’s illogical)

LAW AND ORDER – to call a society a civilized society, there are rules and orders

POLITICS AND ADMINISTRATION DICHOTOMY

The Politics-administration dichotomy is a theory that constructs the boundaries of public administration and
asserts the normative relationship between elected officials and administrators in a democratic society. The
phrase politics-administration dichotomy itself does not appear to have a known inventor, even after
exhaustive research, the combination of words that make up the phrase was first found in public
administration literature from the 1940s with no clear originator

Politics – you satisfy your electorate

- pwedeng maimpeach if hindi nagawa yung gusto ng electorate

Administration – experts, they must do their job , governance / public management

Dichotomy - relationship

E- GOVERNANCE - Electronic governance or e-governance is the application of information and communication

technology (ICT) for delivering government services, exchange of information, communication transactions,
integration of various stand-alone systems and services between government-to-citizen (G2C), government-to-
business (G2B), government-to-government (G2G), government-to-employees (G2E) as well as back-
office processes and interactions within the entire government framework

STATUTORY CONSTITUTION – interpretation of laws (judiciary). Thus, the rule in interpreting comes from the
judiciary branch. Determining the meaning of the law:

- interpret according to words (verba legis)

- interpret the legal element of the law (racio legis)

NATURAL AND SECULAR RIGHTS

NATURAL RIGHTS – law of gravity

SECULAR RIGHTS – laws created by man

CLASS SUITE VS. LAW SUIT

A lawsuit is a proceeding by a party or parties against another in the civil court of law while Class action
lawsuits are lawsuits brought by one or a few people on behalf of a larger group of individuals that have been
harmed in some way by the persons or entities being sued.

SELF EXECUTING LAWS – executable, no need for a legislation act, can stand on its own. (e.g. Art. 3, Bill of
Rights)

NON-SELF EXECUTING – needs legislative acts (batas), supported by juris prudence, cannot stand on its own.
(e.g. Art 2)

Juris prudence – decision of the supreme court, final and cannot be changed

STATE – if all concepts are present, its called the BIRTH of a state. If one concept is gone, its called the DEATH of
the state.

CONCEPTS OF STATE

- Ethnographic - nation
- Geographic - country
- Political – state
ELEMENTS OF STATE

1. Territory – it is called a territory if land is present because there is no state in waters.

2. People – human beings are the people
3. Government – should abide/ implement the will of the state
4. Sovereignty – state A believes that B is a state. The belief of A that B is a state is sovereignty.
State A believes that state B is a state. The belief of A that B is a state signifies that B has
sovereignty.

TYPES OF PERSONS

JURIDICAL – intangible. Entities created by law. (e.g. corporations, foundations, associations)

How does a juridical person act? By law through natural persons

NATURAL – tangible. Human beings.

TYPES OF RELATIONSHIPS

AGENT – follower. Should not do anything against the principal.

PRINCIPAL – boss

The act of the agent is always the act of the principal (unless the agent is not doing the will of the principal)

OPERATION OF LAW- The operation of the law is automatic, no process or procedures.

FICTION OF LAW – creation of law

3 INHERIT POWERS – if a state/juridical necessity is born, this powers will be visible. But if a state dies, these
powers will be gone

1. Eminent domain – everything is owned by the state. State as a political entity. (regalia belief etc)
2. Police- power to create or implement/engorce law
3. Taxation power – power to extract resources from subjects for public use

GOVERNMENT – GRP Government of the Republic of the Philippines (Republic – Democratic)

Agents of the government:

- Public officials
- Public manager

Divided in to three equal parts (Major Power; MJ) (MN; Minor Power)

1. Executive – MJ: execute MN: Interpret, enact, symbol: sword

2. Legislative – MJ: enact MN: Interpret, execute. Symbol : purse (because they take care of the tax and
budget)
3. Judiciary - MJ: interpret MN:, enact, execute. Symbol : pen (the strokes of the pen represents the case
law or the actions and decisions of the supreme court)

LEGISLATIVE
JUDICIARY
(direct representation of the EXECUTIVE
people)
SYMBOL PURSE SWORD PEN
MAJOR ENACT EXECUTE/IMPLEMENT INTERPRET
MINOR EXECUTE, INTERPRET ENACT, INTERPRET EXECUTE, ENACT
 Government of the Republic of the Philippines

1. Separation of powers – each has exclusive powers but everyone is equal (Article 2 sec 1)
- divided into branches, each has separate and independent powers and areas of responsibility so that
the powers of one branch does not conflict with the powers associated with the other branches
- each branch of the government is separated and equal with each other (no one is above the other
division)
2. Blending of powers – everyone has to coordinate and work for each other
- Actually sharing of powers of the different departments of government where one department helps
and coordinates with the other in the in the exercise of a particular power, function or responsibility
3. Check and balance – safeguards as to any abuse of the branches
- Each of the three branches can limit the power of other branch. Each branch checks the power of the
other branch to make sure that the power is balanced between them.
4. Delegation of powers – even though each area has different powers, these make sure that all minor
powers are delegated.
- The transfer of authority by one person or group to another
- The constitution provides for the delegation of minor power

PARENS PATRIAE - the state protects the people

ENROACHMENT – there is encroachment if one branch of the state steps in the power of that particular
another branch.

- Somebody is meddling with the major power of other branch

Ex. If the judiciary dictates what act the legislative should do, that’s encroachment

HIERCARCHY OF LAW

- when there’s conflict the hierarchy should prevail. Why we have constitution?
because it is the ability of the state to
Organic law, executive agreements, enforce law (police power)
bilateral and multilateral agreements,
CON
proclamation, letters of instruction, Executive Order, Memo Order, Organic Law,
STIT
UTIO Actual Law, executive agreements, conventions,
presidential decree, Batas Pambansa,
N bilateral agreements, multilateral agreements,
Act, Republic Act, dep. Order, bureau
letters of instruction, presidential decrees,
order, actual law and etc.
proclamation, batas pambansa, act, republic act,
department order, bureau order
LAWS

Ex: provincial
Implementing rules
and regulations City
- ORDINANCES

- Municipal

Cannot go beyond Barangay

its organic law International Law is higher than the Philippine constitution
Modes of Creating Constitution:
 1. Constitutional Convention – election of members.
2. Constituents Assembly – senate join together to create the constitution. The draft should be subject to
plebiscite.
3. People’s initiative/Referendum – all people can petition to create or change a particular constitution.
Ammend means there’s a need for improvement.

If no one questions the validity of a law, it will remain valid.

Creation of law is vested to legislative branch.
Senate and House of Representative may reconcile to revise a law from different versions.
The constitution provides the bicameral system of legislative branch.
If there’s encroachment, there’s no constitution arise.
Appointment power – the President has the power to appoint and remove.

Evidences:

1. Absolute evidence – no one can dispute (e.g. time)

2. Disputable evidence – rebuttable.

Evaluation of Constitution

 To understand the evolution of constitution, it’s a must to enumerate first the presidents of the
Philippines.

PRESIDENTS

1. EMILIO AGUINALDO
 Malolos Constitution (1935) - Start of the Republic
 TREATY OF PARIS – World War I – Spain transferred its rights over the PH to the US
 The purpose of US is for PH to be independent
 Transition period from the Spanish to Americans
2. MANUEL L. QUEZON
 Common Wealth government
 The constitution used is the US CONSTITUION
 Laws starts with CA NO. __ (Common Wealth Act)
3. JOSE P. LAUREL
 Puppet Government – Japanese Invasion
 Mickey Mouse Money
 The constitution used is the JAPANESE CONSTITUTION
4. SERGIO OSMENA
 After Quezon died, Osmena took over
 Still the commonwealth era
 US CONSTI is used again JULY 4 – independence of the PH to the US
5. MANUEL ROXAS
 1 st election
 From Roxas to Marcos, the 1935 Constitution was followed
 Laws started to be called RA (Republic Act)
6. ELPIDIO QUIRINO
7. RAMON MAGSAYSAY
8. CARLOS P. GARCIA
 9. DIOSDADO MACAPAGAL
 1935 Constitution was followed
10. FERDINAND MARCOS
 1971 Constitution was created
 At the end of his reign ( his last year) he extended it by declaring Martial Law
 Martial Law – September 21, 1972 until all the violence, terrorism and etc was gone
 He was the president for more than 20 years
 1986 – Philippine Revolution
11. CORAZON AQUINO
 Freedom Constitution
 After Marcos was ousted, the 1987 Constitution was created
 The 1987 Constitution was used until the present.
12. FIDEL V. RAMOS
13. JOSEPH ESTRADA
14. GLORIA ARROYO
15. BENIGNO AQUINO
16. RODRIGO DUTERTE

THE 3 BRANCHES evolution

 ROXAS to MARCOS – The Lower House and Upper House creates the Law (Republic Act)
 MARCOS came and he created the BATASANG PAMBANSA. (Proclamations, Executive Orders, General
Orders)
 When the 1987 Constitution was created, SENATE and HOUSE OF REPRESENTATIVES creates RAs, EO, IRRs,
and proclamations.

THE 1987 CONSTITUTION

PREAMBLE- part of the constitution that is not part of the substantive and procedural rights.

SUBSTANTIVE- came from the constitution, laws and ordinances

PROCEDURAL – IRRs, rules of court (rules in judiciary e.g. procedures on how to file a complaint)

STATUTORY CONSTRUCTION – Interpretation of laws

1. VERBA LEGIS - interpret according to words - Interpret the law according to its words. No need to
create a new meaning or add or subtract words from the law.
2. RACIO LEGIS – spirit of the law - Search how the law was created. Go to the House of Representatives
and ask for the minutes of proceedings.

ARTICLE 1 – national territory

 The PH territory is everything in the map.
 Composed of the PH Archipelago (group of islands)
INVASION- iniinvade ang ibang territory
DISCOVERY – magdidiscover pa ng bago
RES COMMUNES – owned by everyone
Aerial – stratosphere to exosphere are res communes.
Air rights – rights ng eroplano para makalapag sa isang territory
Water – fluvial 12 124 200 – territorial sea etc.
ARTICLE 2
 SECTION 1 - declaration of principles
Sovereignty- international concepts at we are free from mananakops
Sovereignty - local in application describes why is there is 1987 Constitution
- Philippines is the first country that held and accomplished people power
- Supreme court – consists of 5 justices
- En banc decision - en banc lang makakachange ng decision nila
- Flip flopping- pabago bagong decision ng Supreme Court

TWO KINDS OF QUESTION IN LAW

POLITICAL QUESTIONS
- cannot resolve by supreme court
- separation of powers related questions
JUDICIAL QUESTIONS
-can be resolved by the supreme court
- Malacanang - city of power, cannot be entered easily
- SC approved People Power 2 and Glorias presidency
- di pwedeng unahan ng symbolize leader ang state.

SECTION 2 - PH Renounces war.

Declaration of the state of war vs. Declaration of war
Declaration of the state of war – just stating that there is war
Declaration of war – bawal, against the law and hindi kaya ng PH
- we can only declare state of war, not declaration of war
Incorporation clause - we incorporate international laws into our legal system

Ex. UN Convention on women, human Rights

Transformation doctrine - transforming international laws to local laws
- where treaties with foreign countries will be applicable to local law if its approved by the senate
- this checks if the administration doesn't abuse its power to enter agreements

SECTION 3
- People - element of the state
-Civil authority is higher than military - meaning that the PH has a civilian president, and that the police and army is
under a civilian authority
-We dont have authority. Yung mga nasa position lang meron.

SECTION 4
Parens Patriae - the state is the parent of the people. They must serve and protect the citizens of the PH.

SECTION 5
- Churva, basahin lang

SECTION 6 - a non self-executing prpvision

- The seperation of church and state
- Writs of habeas corpus - ability of a person to go to court if sya ay idetention at tanggalan ng right of liberty ang isang
tao (na against sa will nya)
SEC 7
- The president only has the ability to conduct a foreign relation with other countries.
- the executive is the only body to have a right to conduct a foreign policy because he is the direct representation of the
people.

SEC 8
- The PH can use nuclear energy, not nuclear weapon

SEC 9
- This provides the freedom from poverty etc.

SEC 10
- Agrarian reform - distribution and land farmers by buying from landlords and sell it to farmers
- the purpose of this reform is to be agricultural
Social Legislation
- for social services
- mandatory deductions
- SSS, GSIS, PHILHEALTH, PAGIBIG

SEC 11
- Human Rights
- Pagkabuo ng CHR

SEC 12
- The family is a basic and important institution
- why marriage is protected by the law : because the law and the family code states that marriage is for man and woman.
- defines the family
- the state protects the child through prosecutors
- divorce - will not happen because of the provision of the family since MARRIAGE is an element of a family
- until 35 yrs old ang Youth

SEC 13

SEC 14
- Women, gender stability

SEC 15
- Protect the right of the people to healath, etc.

SEC 16
- The only self executing law is art 2.

Oposa vs Factoran case

- di pa pinapanganak, nag file na ng kaso thru the parents
- pag fafile ng case for the generation to come
- related to environmental issues
- nagkaroon ng clean air act at napigilan ang pagpuputol ng mga puno because of the rights to acts
- paved way for different environmental laws

SEC 17
- Priority to education

SEC 18
- Related to sec. 10, 14, 17, 18, 19, 20
- economic development

SECTION 21
- Connected to Agrarian reform

SEC 22
- Indigenous people act

SEC 23
- tsaka na daw ituturo

SEC 24
-creation of the DICT (Department of Information and Communication Technology pls search for further research lol
pakitama)

SEC 25
- hindi na non self executing
- may local code

SEC 26
- 1ST part, self executing

SEC 27
- there is article 11, law RA 6713 and 6770.
- code of ethical standard - implements this provision

SEC 28
- subject to FOI
- applicable to executive branch

ARTICLE 3

- Deprivation of life, liberty and property. ( Dapat sunod sunod to, bawal bagu-baguhin)
- Notice and Hearing - you are noticed about what you have and you can explain your side

A3 SEC2
- Rights to be secure - protected by the bill of rights
FRUITS OF POISONOUS TREE- you cannot use an evidence that is not admittable at court because you are
phishing for evidence.

GOOD CONDUCT TIME ALLOWANCE – applicable ito sa mga taong may conviction at mababawasan nito ang
serving sentence ng prison

EXPOSE FACTULO – di pa gawa yung batas

EQUAL PROTECTION CLAUSE - if same laws were violated kahit magkaiba o magkapareha man ng circle, same
punishment or protection clause. If different case , no implementation of equal protection clause.

j- justifying
e- exempting
m- mitigating
a- aggravating
a- alternating

CASE WHO
Proof beyond reasonable doubt Criminal case People vs. the accused (name)
Substantial evidence Admin case Complainant vs. respondent
Preponderance of evidence Civil case Plaintiff vs. defendant

Incorporation clause – change or incorporating the international law to local laws, created by
the legislative