CHAPTER 1

CONCEPT OF GOVERNMENT

The preceding chapter discussed government as an agency of

the state. Emphasis was given to its concept, nature and functions. The
present chapter intends to expand the description of government by
enumerating and explaining its various classification.

The powers of government may be exercised by one person, by

a few, or by the many. Thus there are governments by one person,

governments by a few, and governments by the many.

According to Plato governments by one, the few, or the many

may be good or bad – each form of good government has its counterpart in

the bad.

GOVERNMENT BY 1 PERSON

MONARCHY

It is a form of government where the ruler is a monarch who comes

from a royal family His royal title may be King, Queen, Emperor, Empress,
Tzar or Tzarina, or any royal title of a monarch ruling the state. Monarchy
is classified into absolute monarchy and limited (or constitutional)
monarchy.

TYPES OF MONARCHY:

 Absolute Monarchy

In this type of monarchial government, the monarch exercises

absolute powers. He wields executive, legislative, and judicial powers.
Absolute monarchies predominated during the middle ages in Europe
and were strong in France during the eighteenth and nineteenth centuries,
in Russia during the first decades of the twentieth century, and in Greece
in the mid twentieth century.
 Limited Monarchy

In limited monarchy, the monarch is willing to impart some of his

powers and functions, thus, delegating the aforementioned to parastatal
entities. He rules in accordance with law, especially the constitution. Limited
monarchy, is rated as the best form of government. It worked most effectively
because the monarch under the constitutional rule guaranteed that policies
needed to maximize political, social, and economic stability shall be
articulated, put forth as a legal and binding statute, and executed.

 Totalitarianism

Dictatorship may be totalitarian when the dictator controls everything

– all the means of communication, homes, schools, and churches, the nation’s
economy and even the people’s lives, their minds and souls.

From the abovementioned statement, it is imperative to know what

totalitarianism is. According to some scholars of the mid-twentieth century it
is the most extreme type of dictatorship. Benito Mussolini, fascist dictator of
World War II, originated the doctrine of totalitarianism. He defined it as
“everything for the state, nothing outside the state, and nothing against the
state.”

Totalitarianism may be further understood by knowing its characteristics.

These are;

First. Totalitarian dictatorship is built on an ideological foundation.

Ideology is an official doctrine which the people believe in or adhere to, and
which covers all aspects of human life. Nazism was the main idea of Hitler,
fascism, that of Mussolini; Russian communism, that of Lenin; and Chinese
communism, that of Mao Tze Tung. Ideology is a force to unify people of
desperate backgrounds under his totalitarian regime.

Second, totalitarianism is characterized by the totalitarian leader who

wields absolute powers. To maintain power he has to cultivate the loyalty and
obedience of the people.
Third, uses terrorism to control the people. Terrorism through coercion or
intimidation is usually accompanied by brutality and violence brought about
by force, which is a monopoly of the totalitarian government.
 Fourth, centralized control by the government of the nation’s economy.
Finally, it is against non-conformist. No one can question the policies of the
dictatorship.
As already discussed earlier, a government by one person may be either
righteous or wicked depending upon the kind of leader exercising political
authority.

However, regardless of our elaboration on the characteristics of

Totalitarianism, there is also a need for us to distinguish its difference to
Dictatorship. Although both are of the same nature as Totalitarianism is the
extreme type of Dictatorship, upon transition, an existing and evident
cleavage in concept is brought upon. Identifying the dichotomy of the two
shall allow us to clearly understand their implications and create a scenario
with regards to their approach in leadership and pacification of economic,
social, and political activities.

The table below shows the difference between Totalitarianism and

Dictatorship in their form and way of ruling.

TOTALITARIANISM DICTATORSHIP

A dominant Political Ideology is May exist without the presence of

superimposed. any Political Ideology

The dominating class is made up of a Governance is usually within the

political party. This implies that a hands of a single person who holds
Totalitarian government is not ruled absolute power over the people,
by a single and absolute power government, military, and judiciary.
holder. In the case of Benito Dictatorship does not require the
Mussolini, it is the National Fascist presence of a political party.
Party.

A totalitarian government exercises A dictator acquires authority and

absolutely control over the functions influence over the state’s affairs and
and affairs that the state possesses in concerns without the consent of the
a legal manner, as it disguises itself as citizens. This method is imposed
a citizen-serving and morally upright through the use of coercion and
entity at first, but later on, serves the physical force towards the people,
intentions which are aspired by the and inducements for the state’s
armed forces as dictatorship, in most
totalitarian rulers. cases, is the governance of the
military sector.

A totalitarian party is chosen by the In dictatorship, the ruler is not

people if there is no longer an chosen as it is self-appointed, or in
available alternative. extreme cases, the people are forced
to choose in favor of the dictator
through coercion.

The absolute power is within the Absolute power is within the hands
hands of the political party in of the dictator only. However, the
incumbency. dictator may duly appoint his
henchmen in the pursuit of his
dictatorial goals, consequently,
granting them with minimal power.

GOVERNMENT BY THE FEW

In the study of the government by the few, emphasis is given to the status
of the few rulers in government. The most important bases are wealth,
education and heredity. Typical of this government by the few are aristocracy
and oligarchy.

 Aristocracy

Is defined from the Greek etymology, aristo which means best and
kratia or kratos rule. In essence, therefore, aristocracy is a government by the
“best” members of the community. This implies that the aristocrats are
presumably men of the highest intelligence and integrity. They belong to the
elite in the society.

 Oligarchy

Is also a government by the wealthy few but they do not come from the
nobility like the aristocrats. The wealthy few in the government, or the
oligarchs, believe that the most important requisites to the claim of the power
are wealth, good social position and education. Oligarchy is despicable type
of government. Aristotle called this form of government the extreme
oligarchy.

Oligarchy and Aristocracy are also authoritarian, just as monarchy and

dictatorship are, since there are no elections and no referendums in which the
citizens participate.

GOVERNMENT BY THE MANY

When we speak of the government by the many, we always think of

democracy. Democracy is derived from the Greek term demos, which means
‘people’, and kratia or kratos, which means ‘power’ or ‘rule.’ In other words,
democracy means people’s rule, or in the words of a great American
president, Abraham Lincoln, “a government by the people, of the people, and for
the people.” This is an ideal democracy which people everywhere are striving
to attain.

A democratic government is identified by two essential features: (1)

majority rule, which means that a majority of the citizens has the mandate to
choose the men and women who have the authority to govern and make
public policies, and (2) minority rights, which exists so long as the minority
of citizens openly attempt to win majority support for leaders and policies
without loss of individual rights just as these rights are enjoyed by the
majority. The Constitutions guarantees freedom of speech, freedom of
association, freedom of religion, and freedom of expression.

Weakness of democracy

Many critics consider democracy as the least stable, efficient, and honest
from of government. It has been described as a slow-moving. It cannot
accomplish many things as expected by the people at a given time because of
its inherent limitations. Also, it will be criticized due to the possibility of weak
leadership. Weak leaders are politicians who cater to the wishes of their
constituents at every turn. And this kind of democracy which some political
thinkers describe as populist and personalized, may degenerate into a mob
rule, or mobocracy.
Defense of democracy

Despite of criticisms on the weaknesses of democracy, defenders claim that

democratic institutions are more durable and impregnable to the
blandishments of rebellions and world-wide wars. Finally, defenders claim
that democracy, which admittedly imperfect like any other form of
government, allows experimentation by trial and error to attain consequently
the desired results for a stable and effective government.

INSTITUITIONAL TYPES OF GOVERNMENT

UNITARY GOVERNMENT

Unitary government concentrates governmental powers in one

organ, the central or national government to which the constituent or
local government units owe their existence from which they derive their
powers and functions.

Advantages:

1. Is in a simple structure

2. There is no duplication of offices and services with those of the

central and national government, thus insuring greater economy in
the governmental expenditures

3. There is uniformity of laws and public policy and administration of

government

4. There is no conflict of jurisdiction between the national

government and its local government units

5. It is easy to pinpoint responsibility for any inefficiency of

government.

Disadvantages:
 1. Over-centralized administrative control over local affairs
overburdens the central government with the numerous local problems
thus dissipating national energy to the detriment of the whole nation;

2. In a unitary state, the national officials are responsible for

determining policies to regulate theconduct of local affairs.

3. The unitary government restrains local initiative and interest in

managing the affairs of the local government. Even if they want to
undertake a project a project for the urgent needs of their community they
cannot do so unless approved by the central government.
4. A unitary government hastens the creation of a large centralized
bureaucracy

5. A unitary government is generally not suitable to a large

country with the culturally heterogeneous population. Local problems
require appropriate measures for the solution of these problems.

FEDERAL GOVERNMENT

Is one in which powers are divided between the central government

and its local government units as specified on the constitution of the state.

For a better understanding, let us consider the United States of

America. USA is an example of a state which upholds a federal type of
government. So are Mexico, Malaysia, India, and Canada. In their cases, the
Local Government Units are given more sovereignty and autonomy in
handling their varying internal affairs, however, the states themselves are still
obliged to uphold the national sovereign constitution, and may not rival the
central government in its function of determining taxations, pacification of
international relations, and military control. However still, the shaping and
sharing of power may vary from one state to another depending on their
constitutional rule.

Advantages:

Governmental powers and functions are divided between the central

or federal government and its constituent units. Each government within
 this scope is given authority. The federal government dealing with
national matters, and the local government, with problems which are
local or regional in nature.

Secondly, a federal government provides uniformity when it is

needed in terms of federal laws, policies, and administration, and allows
wide diversity of local policies to be determined and promulgated by
local officers in their respective localities.

Thirdly, interest of the people in their local government is enhanced.

With the knowledge that the officials enjoy local autonomy, the people
will be more cooperative with them in the maintenance of peace and
order.

Fourthly, it relieves the national government of time-consuming

efforts in solving problem.

Disadvantages:

First, in a federal state, the structure and organization of the political

machinery is complex.

Secondly, another there is a duplication of the offices and personnel,

and maintaining the operation of the government system would cause a
heavy financial burden to government.

Thirdly, overlapping of functions may occur in many areas of

government activity to the consternation of both central and local
government.

Lastly, lack of uniform legislation on many matters makes the

problem of administration more difficult.

PRESEDENTIAL AND PARLIAMENTARY GOVERNMENT

Modern Governments are more comprehensive in their powers and

functions. Governmental powers and functions have become increasingly
concentrated in the hands of the executive branch. Government has become
more complicated. The structure, powers, and functions and character of the
executive have become extensively varied over time, and their changes of
transformations and consequences cannot be disclosed by a single conceptual
framework.

PARLIAMENTARY SYSTEM

Under this form of government, the executive power belongs to the prime
minister and his cabinet. They are leaders of the majority party in parliament
and they remain in the office as long as they have the confidence and support
of the parliamentary majority.

Most outstanding among other features of the parliamentary system are;

(1) Collective ministerial responsibility

It is when all members of the parliament are held responsible and

accountable for the actions, decisions, incompetency, and misconducts of the
government as a whole. This, therefore, obliges the parliament to perform
effectively and efficiently, while at the same time, considering the ethical
appropriations of their actions in order to avoid failure and being held
responsible for abuse of discretion and/or misconduct.

(2) Fusion of executive and legislative powers

In contrast with the Presidential form of government wherein there is a

division of powers and functions found in its three branches in order to
impose checks and balance in the passage of state decisions, a Parliamentary
government, however, is different.

In a parliamentary type of system, the executive and legislative powers of the

government are conjoined in order to secure the ease and efficiency in
transactions, thus, promoting speedy service and convenient pacification of
state needs and affairs.

(3) Minister responsibility to Parliament

Simply, ministers are responsible to the parliament; its conducts and

performance to which they are held accountable.

(4) Party discipline.

Party discipline pertains to the ability of the party leader to persuade or
command its assembly members to support the policies and reforms endorsed
by their own party, and this in return shall manifest in the performance of the
parliament. At the same time the members of the party may also affect the
behavior and conduct of the parliament as a whole as an undisciplined party,
in return, creates an unruly and incompetent parliamentary.

PRESIDENTIAL SYSTEM
A presidential system is a type of government wherein the head of all
governmental branches and bureaus is the executive branch with the
president or executive head and its cabinet within it. In comparison to a
parliamentary form of system, it does not conjoin the executive and the
legislative branch, but are instead separate as it follows systemic order in its
function together with the judicial branch.

Most outstanding among other features of the parliamentary system are;

(1) Existence of checks and balance

With the presence of the three major branches, specifically, the executive,
legislative, and judicial branch, there is greater capacity to analyze and
criticize bills and state decisions pertaining to political, social, and economic
affairs as the prerogative to pass such statutes is not monopolize and
undergoes a procedure in order to secure its necessity, beneficiality, and
practicability before being legalized and executed.

(2) Ability of the executive head to perform major policy decisions

without public support

In times of immediate needs, the executive may pass policies in order to meet
the ends. This is vested on the power of the executive to create decrees and his
capacity to exercise his “residual powers.”

(3) Separation of the executive and legislative branch

Unlike in a parliamentary system wherein the executive and legislative

powers are conjoined in one body of authority, in a presidential type of
system it is in reverse which explains the aforementioned concept of checks
and balance. This offers a sense of division and restriction in order to avoid
the abuse of power and authority that officials may commit if the two are
combined.

ACTIVITY

Identification:

_________________________1. A type of government wherein the ruler comes

from a monarchial system. The one who holds the throne regulates absolute
power over his/her constituents and the affairs of the state. Furthermore, the
legislative, executive, and judicial powers are restricted only within the ruler’s
hands.

_________________________2. It is the most extreme type of dictatorship

wherein the state is governed, not by an individual, but a party. It can be
defined as “everything for the state, nothing outside the state, and nothing against
the state.”

_________________________3. It is the basic machinery of the state. It

functions as an entity which holds power over the people and state’s affairs
whether national or international. Its form may vary from one state to another
depending on the nation’s culture, practice of preference, or historical past.

_________________________4. It comes from the greek term “demos,” which

means people, and “kratia” or “kratos,” maning rule.

_________________________5. A type of government wherein power is

divided between the central or federal government and its local units. It
allows greater pacification of local needs and affairs as it offers relevantly
more power and flexibility to the units in comparison to a unitary
government.

_________________________6. A monarchial government wherein the

monarch who holds power to rule is restricted by a constitution in the
exercise of his duties. Instead, he who rules must delegate some of his
functions to other agencies and individuals.

_________________________7. A type of rule where the state and its affairs are
regulated by the nobility. They are presumed to be the elites in the society
possessing not just a noble blood but as well as intelligence, class, and
integrity.
_________________________8. A government led by those who are rich,
educated, and honored. Aristotle coined this form of government as extreme
oligarchy and claimed it to be a despicable type of government.

_________________________9. A type of government wherein power and duty

is regulated and centralized in the national government. The local units are
created through the prerogative of the national government in order to
decongest it of its functions, thus, allowing it to perform with more efficiency.

_________________________10. A type of government wherein the state is led

by the executive branch headed by a president. It is separate from the state’s
other two branches, namely; legislative and judicial. Through these three,
there is a system of checks and balance.

Matching Type:

Match column A with Column B. Write the letter on the space provided.

_____1. A type of government wherein there is a centralization of power and

authority. In this government, local units serve as mere instruments of the
central government to which they derive their functions and duties from.

_____2. It is when the government is ruled by the wealthy few in the society.
The standard for gaining the authority to rule is based on an individual’s
social standing, wealth, education, and prestige.

_____3. A type of government wherein the power to rule is given to those

who are considered as the best members of the society, and those who possess
great intelligence and integrity. In certain circumstances, these individuals are
considered as nobles who have partial or minimal royal blood within them.

_____4. When the state is ruled by a president. State functions are divided into
3 major branches, specifically an executive, legislative, and judicial branch.
The president is the one who hold authority over the executive branch and is
called the executive-chief.

_____5. A government ruled by a king, queen, emperor, empress, ztar, or

ztarina.
_____6. Is the extreme type of dictatorship, however, unlike a dictatorial
government, the government in question is ruled by a political party which
strictly holds the entire affairs of the state, the functions of the government,
and all social activities of the people in an absolute manner.

_____7. A type of government in which the distribution of power and

authority is divided between the central government and the local units –
usually referred to as a ‘State’. In this context and form, power is distributed
legally through a constitution in consideration of the needs and capacity of
the locality, and the efficiency it may impose under the law. The Central
government (in common grounds) is provided with the authority to handle
states affairs, the armed forces, and other international concerns, whereas, the
local units are obliged to suffice the developmental needs of their locality
upon their discretion with the law as a body of guide and restriction.

_____8. A monarchial government wherein the ruler is not restricted in terms

of performing governance. The ruler wields all executive, legislative, and
judicial powers.

_____9. A monarchial rule wherein the power of the monarch is limited by a

constitution that defines the ruler’s powers, functions, duties, and restrictions.
Some of the powers are delegated to other government agencies and
individuals instead of being centralized within the hands of a single person.

_____10. A system wherein the executive power is vested on the Prime

minister and his cabinet instead of the president.

a. Federal Government
b. Presidential Government
c. Parliamentary Government
d. Unitary Government
e. Aristocracy
f. Monarchy
g. Absolute Monarchy
h. Limited Monarchy
i. Totalitarianism
j. Oligarchy

Modified True or False:

Write T if the statement is true and write the correct answer if the statement is
false.

_________________________1. Free Trade and Communism is the doctrine

superimposed by Benito Mussolini.

_________________________2. National Totalitarian Party is the party which

was led by Benito Mussolini in order to establish his totalitarian regime.

_________________________3. Nazism is a doctrine endorse and imposed by

Adolf Hitler.

_________________________4. A Dictatorial government is led by a political

party who acquired legal authority through manipulative persuasion or due
to the limitation or non-existence of other possible choices for the national
selection or election process.

_________________________5. A president or a chief-executive is the head of

all governmental branches and entities in a democratic state.

Essay:

Briefly, explain the difference between a Totalitarian government and

Dictatorial government.

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ASSESSMENT

Do you think there is a need for the Philippine government to change its
system into a federal form? Will this help the nation? If yes, in what way,
explain. If no, what is your stand for retaining the current system, explain.
 CHAPTER 2

THE CONSTITUTION: INSTRUMENT AND SYMBOL

“The Constitution is the basic and paramount law to which all other laws must
conform and to which all persons, including the highest officials of the land, must
defer. No act shall be valid, however nobly intentioned, if it conflicts with the
Constitution. The Constitution must ever remain supreme. All must bow to the
mandate of this law. Expediency must not be allowed to sap its strength nor greed for
power debase its rectitude. Right or wrong, the Constitution must be upheld as long
as it has not been changed by the sovereign people lest its disregard result in the
usurpation of the majesty of the law by the pretenders to illegitimate power.”
(Isagani A. Cruz, Philippine Political Law, Central Lawbook Publishing,
Co., Inc. 1991 Ed., p. 11)

CONSTITUTIONALISM

Is a doctrine or principle which describes and supports a constitution as

the supreme law of the land. It is an instrument that provides a system of
effective restraints upon political power.

CONSTITUTION

Is the set of rules, principles, and customs that establishes the limits and
distributes the fundamental powers of government and defines its relations
with the citizens (Bernas, 1997).

The body of those written or unwritten fundamental law which regulate

the most important rights of the higher magistrates and the most important
essential privileges of the subjects.
 WRITTEN AND UNWRITTEN CONSTITUTIONS

WRITTEN CONSTITUTION

Consists of a single document regarded as the fundamental law of the

land. One which has been given a definitive written form at particular time,
usually by specially constituted authority called a “constitutional
convention”.

Advantages of a Written Constitution:

1. It is clear and definite because its provision are deliberately written in

detail.

2. It is stable because the provisions are known to the people.

3. It is able to provide security in protecting the rights and liberty of the

people as it is reduced in writing.

Disadvantage of Written Constitution:

1. It is conservative which tends to direct people and government actions

according to the written rules.

2. It is rigid and difficult to amend. It cannot readily adapt to needed

changes.

3. It is subject to varying interpretations from lawyers and the court.

FOUR MAJOR METHODS OF INTERPRETING THE CONSTITUTION

1. VERBA LEGIS

This means that the provisions or content of the constitution must be

interpreted base on its ordinary meaning. Thus, there is no longer a need to
elaborate the provisions beyond what they explicitly provide and seek for
messages written between the lines as a constitution is always definite and
concise.
Example:

Article II - Section 6 of the 1987 Philippine Constitution provides that the

separation of the Church and the State shall be inviolable.

The abovementioned provision refers to the division of the state government

and the religious churches solely. It no longer implies the ‘personal church’ of
a person which reflects his subjective and separate view on the society,
freedom, and justice which may falsely and illogically grant him the authority
to abandon national duties and disrespect state restrictions as a citizen.

2. RATIO LEGIS ET ANIMA

In cases of ambiguity, wherein the approach of verba legis is no longer

effective, an interpreter may then resort to this method. It offers that the
provisions should be interpreted based on the original ideas and intent of the
framers of the constitution. However, problems may arise if the framer is
diseased and was unable to produce a personal journal or a published
comment as to the real nature of the provision accordingly established.

3. UT MAGIS VALEAT QUAM PEREAT

Provides that the constitution must be interpreted not in division, but instead,
as a whole. Moreover, in times of confusion or need of further clarification,
one must interpret provisions with the assistance of another supplementary
provision considering the rules contained within the supreme law is a body of
network.

4. RULE ON NON SELF-EXECUTING PROVISIONS

There are certain provisions under the constitution which are not self-
executing, or meaning that they cannot be interpreted solely by themselves
and must be accompanied by a separate statute created by the legislature in
order to provide essential details. The statute, therefore, argues and justifies
the intent of the provision.

UNWRITTEN CONSTITUTION
 Is not embodied in a single written instrument. One which is entirely the
product of political evolution, consisting largely of a mass customs, usages
and judicial decisions together with a smaller body of statutory enactments of
fundamental character, usually bearing different dates

Advantages of an Unwritten Constitution:

1. It is adaptable since it is not tied to written form and therefore, can be

made to respond according to given situations.

2. It is dynamic and geared towards a continuous state of change

according to the popular will.

3. It is resilient because it can recover from unexpected political

circumstances and changes.

Disadvantages of an Unwritten Constitution:

1. It is veered towards instability because its provisions are always subject

to change according to emotions and spur of political developments.

2. It tends to cause confusion in the interpretation of some provision

rooted in customs and usages since it is not a product of a deliberate and
formal process.

3. It is weak in terms of protecting the liberties, privileges, and rights of

the citizens.

4. Vulnerable to the manipulation of corrupt and greed-driven public

officials as it does not ensure a sense of rigidity.

Classification of constitutions

1. According to the type of government a constitution maybe:

(1) Monarchial, (2) Aristocratic, (3) Oligarchic, and (4) Democratic

 2. According to the manner by which the constitution is amended it may
be RIGID or FLEXIBLE.

Rigid or Inelastic

The constitution cannot be amended or revised easily without passing

through a process. Delegates to the constituent body must be elected first to
effect revision or amendment.

Flexible or Elastic

The constitution can be amended or revised just like ordinary laws by the
same body that makes ordinary laws

3. According to origin.

A constitution may be a royal grant, or may evolve from the culture and
traditions of a group of people, like the English constitution, or maybe
product of the sovereign will of the people such as the Philippine and the
United State Constitution.

Conventional or Enacted

It is enacted formally, and deliberately, by constituent assembly like the

constitutional convention

Cumulative or Evolved

It is a product of growth over a long period of time based on customs,

tradition, or judicial decisions

THE GROWTH AND DEVELOPMENT OF THE CONSTITUTION

Ways by which it grows and expand:

1. Statutory elaboration- statutes or ordinary laws provide the details of

the frame work to make the government more vigorous and powerful.

2. Usage- political parties are an example of customs that have informally

change the constitution.
 3. Judicial interpretation- the court plays the important role of
interpreting the laws of the land, including the constitution.

4. Formal amendment- gives the constitution renewed vitality to reflect

the people’s will and enables the government to meet the challenges of new
conditions for economic and social progress.

The following special process:

1. By legislative action, that is, by act of the legislature as a constituent

assembly.

2. By act of the legislature in proposing amendments and the submission of

the same to the people for their ratification in a plebiscite held for the purpose

3. Action of the constitutional convention in proposing amendments and the

submission of the same to the people for ratification in a plebiscite held for the
purpose.

4. In a federal state, like the United State, the Constitution is amended by the
federal congress proposing amendments and the submission of the same to
state legislatures or state conventions for their ratification.

5. By the people through initiative as provided for in Section 2, Article XVII

of the 1987 of the constitution. It states:

“Amendments to this Constitution may likewise be directly proposed by the people

through initiative upon a petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be represented by at least
three per centum of the registered voters therein. No amendment under this section
shall be authorized within five years following the ratification of this Constitution nor
oftener than once every five years thereafter.”

“The Congress shall provide for the implementation of the exercise of this right.”

 Executive actionThis method of constitutional growth and

development can be explained by making a distinction between formal
and effective constitutions.
  Formal constitution

One which is explicitly written on a single document, strengthened by

statutes, charter, and other written sources of authority.

 Effective constitution

Is characterized by emphasis on the actual pattern of operation of the

government especially that of the executive matters of constitutional import
regardless of what the constitution provides or the law says.

CHARACTERISTICS OF A GOOD WRITTEN CONSTITUTION

A truly democratic written constitution must have the following characteristics:

1. It must be broad and comprehensive.

To cover the general statements from structures of powers of the

government to the relationships between the government and the citizens.

2. It must be brief and concise.

It should not be too detailed because if it were so, it would lose the
character of the fundamental law. It should contain only the substantial
elements of government. It is through legislation by Congress that details
could be supplied.

3. It must be clear and definite

It should not be ambiguous so that it will not lead to different

interpretations. Varying interpretations may cause confusions and chaotic
disagreement.
 FUNCTION OF THE CONSTITUTION

As an Instrument of the Government in the Exercise of Political Authority

The constitution insures that government acts with political authority and
legality

The rule of law is an essential element of government in exercising power

and authority. It is strengthened by the sincere convictions of the men in the
government and the people that the rule of law makes government operates
effectively for common will. Thus, the basic principle, “a government of laws
and not of men,” is enshrined in the constitution and in more concrete terms
gives eloquent expression to responsible leadership.

As an Instrument to Promote Social and Economic Development

It set the government in motion to eliminate social and economic

inequalities in order to achieve progress and social justice.

As a Symbol of the Unity and Values of the People

It is important to know that the constitution cannot remain as a useful

viable instrument of government without the unity of the people to actively
support it. Moreover, its very existence depends upon this spirit of unity
which sustains it.

The very essence of unity requires that the people as well as their leaders
must have discipline, self-restrain, and maturity to accord the constitution as
a quantum of obedience and respect.

Definition of Terms

Amendment

The process of altering a law or document.

Plebiscite

A vote by which the people of the entire country or district express an opinion
for or against a proposal especially on a choice of government or ruler.
Ratification

To formally or legally confirm something or make it official.

Statutes

Laws enacted by the legislative branch of the government. These are ordinary
laws which are submissive under the constitution and must not contradict or
overpower it in its essence, and if it does, statutes are, therefore, automatically
deemed as void and ineffective.

ACTIVITY

Identification:

_________________________1. A type of constitution which is embodied in an

actual document, made legal by the state, and cannot be ratified nor amended
by a mere statute. It possesses a state of stability in order to secure that its
provisions and form may not be easily altered in order to safeguard the
people and the state’s systems.

_________________________2. It is the highest and most fundamental law of

the law. It cannot be altered or challenged by a mere statute. It secures the
liberty of the people and the integrity of the government through the
imposition of rules and principles duly punishable upon its violation.

_________________________3. A character of the constitution which imposes

an unyielding state or form. Through this, the constitution cannot be revised
nor amended with ease, unless through the creation of a constitutional
assembly if demanded by the people.

_________________________4. It is when a constitution is formally enacted

through a constituent/constitutional assembly.

_________________________5. It is when the constitution is a product of a

long-term process of evolution or growth based on tradition, custom, norm,
or judicial decisions.

_________________________6. Allows to constitution to change in form,

particularly its content. This may enable the people to gain new rights and
liberties and may enshrine new principles as to the administration of the
government depending on the demands of the citizens and the decision of
those who are duly appointed to modify the constitution based on economic,
social, and political needs.

_________________________7. It is the process of altering a certain statute or

even the constitution itself.

_________________________8. Laws enacted by the legislature. Unlike the

constitution, it is not supreme and is only a tool of the former in order to
execute its provisions.

_________________________9. A system of voting held nationally in order to

determine the acceptability of an aspired decision by the government. It will
reflect the opinions and response of the people if whether they agree or
disagree. This is practiced only on important decisions which are too critical
to be solely entrusted in the hands of those in the government. Thus, national
opinion is pursued.

_________________________10. It is when there is no longer a need to elect a

constituent assembly in the revision or amendment of the constitution as the
usual law making body possesses the power and authority to do so.

Matching Type:

Match column A with Column B. Write the letter on the space provided.

_____1. It is a doctrine of principle which describes and supports a

constitution as the supreme law of the land. It is an instrument that provides a
system of effective restraints upon political power.

_____2. It serves as a basis for the structure of the government; its power,
duty, and limitations. It is absolute and must be obeyed by all persons,
institutions, and statutes.

_____3. A constitution formally engraved or written in a document. It is

formulated by a constitutional convention and is rigid in form.

_____4. It is when the constitution cannot be amended or revised easily by

those who are concerned. Instead, before it may undergo revision or
amendment, there is a need to follow a process which usually involves a
plebiscite and an election for the formation of a constituent body in-charge of
the aforementioned goal.

_____5. It is when the constitution is enacted formally through a constituent

assembly.

_____6. It is when the supreme law of the land or constitution is made

through a long-term process of growth and accumulation induced by culture,
tradition, or judicial decisions.

_____7. These are laws which are made by the legislative branch. It cannot
over-power the constitution and must meet its demands and provisions under
all circumstance.

_____8. It is when the constitution of the state can be amended or revised

easily just like ordinary laws by those individuals who are in charge of
making the same.

_____9. A characteristic that imposes the idea that the constitution must not
be too detailed in form. It should only contain the most essential elements of
the government. The details shall not be contained within the constitution,
but instead, be supplied by the Congress.

_____10. It must be comprehensive enough to cover all essential concerns

such as the structure of the government, the major rights of the people, and
the relation between the government and the citizens, as well as their duty to
one another through general statements.

a. Constitution

b. Rigid or Inelastic

c. Flexible or Elastic

d. Constitutionalism

e. Written Constitution

f. Brief and concise

g. Statutes
h. Conventional or enacted

i. Cumulative or evolved

j. Broad and comprehensive

k. Plebiscite

Modified True or False:

Write T if the statement is true and write the correct answer if the statement is
false.

_________________________1. Verba Legis

is used when a constitutional provision must be interpreted not as a sole

subject, but as a whole together with the entire constitution.

_________________________2. Rule on Self-Disputing Provisions is a method

of interpreting wherein there is a need to utilize statutes created by the
legislature in order to provide details upon a certain constitutional provision.
Thus, it argues and sustains in behalf of the provision contained within the
supreme law of the land. However, this, despite sustaining essential details,
may not alter the aspiration and content of the constitution itself.

_________________________3. Ut Magis Valeat Quam Pereat is utilized when

there is a must to interpret the provisions of the constitution based on the
original idea and intent of its framers whenever there are ambiguities.

_________________________4. Ratio Legis et Anima is when the constitution

is interpreted based on its ordinary meaning. No more. No less.

_________________________5. A constitution is Rigid when it cannot be

amended or revised easily. Thus, in order to do so, a proper and legal process
must be administered.

Essay:

How may the current Philippine constitution be revised or amended? Base

your answer on the 1987 constitution.
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ASSESSMENT

If you were to create a constitution of your own for the Philippines

(considering its current social, political, and economic state), from the
discussion provided in this chapter, what type of constitution would you
make? Defend.
 CHAPTER 3

RULE OF LAW

What is Law?

A binding custom or practice of a community: a rule of conduct or

action prescribed or formally recognized as binding or enforced by a
controlling authority.

Etymology

The term Rule of Law is derived from the French phrase 'la principe
de legalite' (the principle of legality) which refers to a government based
on principles of law and not of men.

PRINCIPLES OF RULE OF LAW

According to Prof. Dicey, Rule of Law contains 3 principles and it has 3 meanings as
stated below:

SUPREMACY OF LAW

No man is punishable or can lawfully be made to suffer in body or

goods except for a distinct breach of law established in the ordinary legal
manner before the ordinary courts of the land.

EQUALITY BEFORE LAW

A legal principle that law should govern a nation, and not arbitrary
decisions by individual government officials. In simple words, "men are
ruled by law and not by men"

It primarily refers to the influence and authority of law within society,

particularly as a constraint upon behavior, including the behavior of
government officials.

PREDOMINANCE OF LEGAL SPIRIT

The general principles of the constitution are the juridical decisions

determining file rights of private persons in particular cases brought
before the Court.
FACTORS OF RULE OF LAW

Rule of Law is a system where the following principles are upheld:

(1) Constraints on Government Powers, (2) Absence of Corruption, (3) Order

and Security, (4) Fundamental Rights, (5) Open Government, (6) Regulatory
Enforcement, (7) Civil & Criminal Justice, and (8)Informal Justice

CONCEPTS ABOUT THE NATURE OF LAW

The Historical Concept

It is concerned with the causes of the changes in the growth and

development of law. Furthermore, it contends that the law should be
related to the social environment in which it has developed.

The Philosophical Concept

Regarded the law as having been created on the principles of right

and good.

The Sociological Concept

Views the law as a product of social needs, so that the purpose of the
law is to serve society. According to St. Aquinas, Law is “an ordinance of
reason for the common good, made by him who has a care of the community, and
promulgated.”

The Positivist or Analytical Concept

It is concerned with the examination and analysis of the legal system,

its processes and objectives.

The Functional Concept

The functional idea of the law emphasizes what the law does and how
it functions.

This concept gives primary importance to the functions of the

judiciary system which is expected to settle the conflicting interests of
men as pointed out in their legal controversies or disputes.

The Pure Science of Law Concept

 It is not least interested in the content of law, whether such contents
involve orders which are just, or serviceable to society but is instead
concerned in its structural form.

SOURCES OF LAW

Natural Law

It is a reflection of divine reason in man. A manifestation of the ethical

belief that man seeks to always be good and to avoid evil.

It is derived from the principles of morality and justice and from the
commandments of God in the Bible.

It is the rule of right reason that governs men to live perfectly and if
possible the kind of life which is suited to their natural endowments.

Customs

Refer to the traditional practices of a group of people which are

carried on from generation to generation.

Statutes or Legislation

It is the law made by the Parliament or Legislature. They constitute

the main source of the law.

Judicial Decisions

Judgments of the court are also considered an important source of the

law.

It is according to John Chipman Grey, that law is made up of the

decisions which the courts lay down; “ the rules for conduct which the
courts do not apply are not law; that the fact that the courts apply rules is
what makes them law.”

The Constitution

It is the supreme law that limits the powers of government and its
activities, and defines the relations between government and the citizens.

Treaties
 Treaties between nation-states are the main source of international
law.

Once treaties have been signed and proclaimed, they become laws
that bind the actions of the signatories and govern their relationship.

Executive Orders and Proclamations

The complexities of modern governments have made lawmaking

bodies to delegate some of their powers to the executive branch.

Thus, the country’s chief executive issues orders and proclamations

within the specific limits of the powers granted to him to help promote
the nation’s security and stability.

Codes

In an ever-growing and complex society, there is a need to compile

and arrange laws systematically into codes in order to understand and
resolve human problems and conflicts.

Ordinances

It is local laws that are intended to state a more or less permanent

policy of a city or municipal government. It is a formal statement of the
will of city or municipal council which is the legislative body of the city or
municipal government.

THE CURRENT LEGAL SYSTEM

Roman Law

Emphasized order, uniformity, and certainty. It was described as

classical and stressed strict reliance to formal rules and principles. Thus,
impressing upon the judiciary the necessity to decide from formulated
general rule of law the principle to be applied to the case under
consideration.
 It emphasizes strict adherence to stated rules ad principles. It opposes
variables and fine distinctions. But its weakness lies on the fact that it
lacks realism under changing circumstances and conditions.

Civil Law

Give emphasis on codes of law and statutes. Private rights under this
law are protected on equal basis. Significant subjects of the civil law codes
include human relations, obligations and contracts, property, will and
succession, torts, among others.

The Common Law System

It is a judge-made law or case law that gives emphasis on man’s

equality before the law and considers the law as supreme.

THREE AREAS OF LAW

Public Law

It affects rights of individual s on their relationship with the state

where the state is dominant over the individual. It concerned with
questions of public policy.

Subfields of Public Law are;

1. Constitutional Law – pertains to the highest and fundamental law of

the land to which all law, persons, and institutions must refer.
2. Administrative Law – which deals with the management and
regulation of the government; its functions, affairs, systems, and
method of transaction.
3. Tax Law – focuses on the regulation of state taxes imposed upon
persons, products, and services which are utilized for public purpose.
4. Criminal Law – aims to impose sanctions in varying severity and
degree upon persons or institution who violate laws or technically
commit crimes.
5. Procedural Law – pertains to the rules and regulations implemented
upon civil and criminal proceedings or other legal matters which
 require certain systems and structure in terms of its performance and
accomplishment. It is also known as remedial law.

Private Law

Deals with relationships between individuals. The latitude of the

common law judge is considerably more restricted. In subjects such as
contracts, mortgages, wills, and the law of property, common law judges
are much less inclined to assume the role of the legislator.

International Law

It is accepted principles, standards and rules regulating and

controlling the conduct of nation-states, groups of people, and
international organizations in their relationship with one another.

SIX SOURCES OF INTERNATIONAL LAW

(1.) Treaties, (2.) International custom, (3.) Generally recognized principles of

law, (4.) Treaties, (5.) International custom, (6.) Generally recognized
principles of law

RULE OF EQUITY

It refers to a system of rules that provides remedies requiring a person to

perform or restrain him from doing an act to the extent that fairness and
justice will be attained for the person who has been unjustly treated. It is a
writ of injunction, writ for specific enforcement of contracts, and the writ of
mandamus which orders individuals, specifically officials, to perform a
certain specific act. (Modern forms of equity)

ACTIVITY

Identification:

_________________________1. A rule of conduct that all persons must obey

and comply in order to secure peace and orderliness. Individuals who violate
it shall meet corresponding sanctions enforced by the government.
_________________________2. The term Rule of Law is derived from what
French phrase?

_________________________3. Concerned with the development of law. The

transitions that it underwent throughout the growth of time, and how certain
events from the past contributed to its current shape and nature.

_________________________4. Imposes the idea that laws are created in order

to suffice the needs of the society in terms of regulation and administration.
Changes in the society must be met with terms and conditions in order to
secure tranquil and decorous conducts.

_________________________5. Laws which are made based on divine reason.

It seeks to pursue an ethical code of conduct based on the divine concept of
morality.

_________________________6. Laws which are created by a parliament or

legislature.

_________________________7. The highest and most fundamental law of the

land to which all laws must conform. It defines the power of the government,
enshrines the major rights of the people, and the duty of both the former and
the latter.

_________________________8. A compilation of laws which are relative to

each other. They are conjoined in order to create a system of ease and
orderliness.

_________________________9. The main source of international law and a

product of diplomacy. They embody the collaboration of different nation-
states.

_________________________10. Focuses on the analysis of the legal system

wherein its functions and objectives are determined; the purpose of the law,
its weaknesses and strength, and its degree of effectivity in varying contexts.

Modified True or False. Write T if the statement is true and write the correct
answer if the statement is false.

________________________1. Diplomatic conversations between nation-states

are the main sources of international law.
________________________2. National Ordinances are the laws made by the
Parliament of Legislature.

________________________3. Private law refers to a system of rules that

provides remedies requiring a person to perform or restrain him from doing
an act to the extent that fairness and justice will be attained for the person
who has been unjustly treated.

________________________4. Administrative Law emphasizes strict adherence

to stated rules and principles. It opposes variables and fine distinctions.
However, its weakness lies on the fact that it lacks realism under changing
circumstances and conditions.

________________________5. Public Laws are judge-made laws or case laws

which gives emphasis on man’s equality before the law and considers the law
as supreme.

________________________6. The rule of law is derived from the French

phrase ‘la principle de legalize’.

________________________7. A Public Law pertains to the highest and

fundamental law of the land to which all law, persons, and institutions must
refer.

________________________8. Administrative Law is concerned with the

imposition of tariffs or levies upon goods, persons, and services.

________________________9. Police force is a body of law that imposes

punishment upon persons or institutions who violate formally written and
executed rules and principles. It also determines the degree of sanction based
upon the severity of the criminal act performed.

________________________10. Public Law is consisted of administrative,

criminal, tax, constitutional, and procedural law.

Essay:

Why is there a need to identify the different sources of law? Will it allow a
practitioner of law to perform better? How?

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ASSESSMENT:

Why is it relevant to maintain and strengthen our diplomatic relations with

other nation-states? How will diplomacy affect our social, economic, and
political standing?
 CHAPTER 4

CITIZENSHIP

Citizen is a person having the title of citizenship. He is the member of a

democratic community who enjoys full civil and political rights, and is
accorded protection inside and outside the territory of the State. Citizenship
is a term denoting membership of a citizen in a political society, which
membership implies, reciprocally, a duty of allegiance on the part of the
member and duty of protection on the part of the State.

These two modes of acquiring citizenship corresponds to the two kinds of

Citizen; Natural Born and Naturalized Citizens.

There are kinds of citizens under the constitution. These are:

1. Natural-born Citizens.

They refer to those who:

a. At the moment of their birth are already citizens of the Philippines, and;

b. Do not have to perform any act to acquire his Philippine Citizenship.

Citizens by Birth:

There are two principles or rules that govern citizenship by birth namely:

Jus Sanguinis- blood relationship is the basis for the acquisition of

citizenship under this rule. The children follow the citizenship of the
parents or one of them.

Jus Soli or Jusloci- place of birth serves as the basis for acquiring
citizenship under this rule. A person becomes a citizen of the state where he is
born irrespective of the parents. This principle prevails in the United State.
 If the child is born in a state where the rule of jus soli obtains, or the
child’s father or mother is an alien, it would be a case of a dual citizenship.

Dual Citizenship, on the other hand, refers to the possession of two

citizenship by an individual, that of his original citizenship and that of the
country where he became a naturalized citizen.

Note: No person may be elected as President or Vice President or member of

Congress, or appointed member of the Supreme Court or any lower collegiate court, or
member of any Constitutional Commissions, or of the Central Monetary Authority,
Ombudsman or his Deputy unless he is a natural-born citizen of the Philippines.

Meaning of Naturalization

Naturalization is the act of formally adopting a foreigner into the political

body of the state and clothing him with the rights and privilege of citizenship.
It implies the renunciation of a former nationality and the fact of entrance to a
similar relation towards a new body of politics.

Ways of Acquiring by Naturalization.

A person may be naturalized in three ways:

1. By judgment of the court

A foreigner who wants to become a Filipino citizen must apply for

naturalization with the proper Regional Trial Court. The revise naturalization
act is the present naturalization law. Such law shall also continue in force
pursuant to the transitory provision of the Constitution (Art. XVII, Sec.3.)

2. By direct act of congress

In this case our law-making body simply enacts an act directly conferring
citizenship to a foreigner.

3. By administrative proceeding
 Under R.A. No. 9139 (January 8, 2001), Known as the administrative
naturalization law of 2000,” aliens born and residing in the Philippines may
be granted Philippine citizenship by administrative proceedings before a
special committee on naturalization. The petition for citizenship shall be filed
with the committee which has the power to approve, deny or reject
application as provided in the law.

Citizen by Naturalization

1. Certain rights and privileges, duty and obligations limited to Filipino

citizens.

Under our constitution and our laws there are certain rights and
privileges that could be enjoy only by Filipino citizens. Under the
constitution, only qualified citizen can exercise the right of suffrage.

2. Constitution requiring nationalistic character

An alien subject to naturalization in whatever means must have a

nationalistic spirit. This implies that he must honor the government and the
constitution of the nation of his interest. One must uphold the values of the
nation he intends to become a part of through offering his loyalty and
supporting its development and growth, as well as to express grieve and
sympathy upon its fall and misfortune.

3. Care in granting or denying privilege of naturalization essential

If the privilege of naturalization would be granted on easy terms to

foreigner not seriously intent on acquiring Filipino citizenship but not only
desirous of improving his economic condition, then it is likely that the
nationalistic provisions of the Constitution would be reduced to a barren form
of words.

4. Ideals in the policy on naturalization.

The policy on naturalization should be guided by own national interest.

Perhaps the ideal is that, only those who have come to love the country, who
have integrated themselves into the citizenry and who can contribute to the
development of the nation should be conferred citizenship by naturalization.
Dual Allegiance of Citizens.

Article IV - Section 5 prohibits more particularly naturalized Filipino

from practicing what is called “dual allegiance” which refers to the continued
allegiance of naturalized national to their country even after they have
acquired Filipino citizenship. It is declared inimical to national interest. And
congress is required that it be dealt with by law.

Note:

What Article IV - Section 5 prohibits is not dual citizenship but instead dual
allegiance of citizenship. This is because our laws cannot control the laws of other
countries pertaining to citizenship. While it is not per se objectionable, the status of
dual citizenship may be regulated or restricted by law where it is conductive or could
lead to dual allegiance.

An Alien is a citizen of a country who is residing in or passing through

another country. He is popularly called” foreigner”. “He is not given the full
rights to citizenship but is entitled to receive protection as to his person or
property.

Meaning of Subject and Alien.

A citizen is a member of a democratic community who enjoys full civil

and political rights. In Monarchial State, He is often called Subject.

Duties and Obligations of Citizens.

1. To be loyal to the republic.

By loyalty, we mean faith and confidence in the republic and love and
devotion to the country. The citizen must be proud of his country, its customs,
traditions, language, and institutions. He must share in its glories and feel sad
in its misfortunes.

2. To defend the state.

 Men may differ and do differ on religious beliefs and creeds, government
policies, the wisdom and validity of laws, even the correctness of judicial
decisions and decrees, but in field of love of country, national unity, and
patriotism, they can hardly afford to differ for these are matters in which they
are mutually and vitally interested, for to them they mean national existence
or survival as a nation or national extinction.

3. To contribute to the development and welfare of the state.

The development and welfare of the state should be the concern of every
citizen for he will be the first to enjoy the benefits thereof. Anything that
affects him, individually and personally.

4. To uphold the constitution and obey the laws.

The constitution is the expression of the sovereign will of our people. It is

the shrine for all the hopes and visions for our nation. Laws are enacted in
accordance with it for the good of all. It is therefore the duty of every citizen
to defend and respect the constitution and obey the laws.

5. To cooperate with duly constituted authorities.

Community living impose obligation and responsibilities upon the

individual. The larger interest of the group and the nation that he must serve
necessarily involve his own. And he would be recreant to the claims of that
interest if he did not actively concern himself with the affairs of his
government.

6. To exercise rights responsibly and with due regard for the rights of
others.

Society is composed of men, each with interest of his own. In the course of
life, the interest of man conflict with those of many others. Amidst the
continuous clash on interest, the ruling social philosophy should be that, in
the ultimate social order, the welfare of every man depends upon the welfare
of all.

7. To engage in gainful work.

Employment is not the obligation solely of the state. Every citizen should
consider it his own responsibility and should strive to become a useful and
productive member of society to assure not only himself but, perhaps, more
important, his family a life worthy of human dignity.

8. To register and vote.

Suffrage is both a privilege and a duty which every qualified citizen must
perform. It is through suffrage that the will of the people is expressed. The
quality of public official of the government, depend, direct or indirectly, upon
the voters.

Loss of Citizenship.

A Filipino citizen may lose his citizenship in any of the following ways:

1. Voluntarily.

 They are:

a. By naturalization in foreign country (see R.A. No.9225 infra.)

b. By expressing renunciation of citizenship;

c. By subscribing to an oath of allegiance to support the constitution and

laws of a foreign country:

d. By rendering service to, or accepting commission in the armed forces of a

foreign country (except under certain circumstances).

2. Involuntary

 They are:

a. By cancellation of his certificate of naturalization by the court: and

b. By having been declared by competent authority, a disaster in the

Philippine armed force in the time of war.

Re-acquisition of Lost Philippine Citizenship.

Citizenship may be acquired:

1. By naturalization provided that the application possesses none of the
disqualifications stated in the naturalization law.

2. By repatriation of deserters of the Philippines armed forces and women

who lost their citizenship by reason of marriage to an alien, after the
termination of their marital status: and

3. By direct act of the congress of the Philippines.

Repatriation is affected by merely taking the necessary oath of allegiance

to the Republic of the Philippines and registering the same in the proper civil
registry.

ACTIVITY

Identification:

_________________________1. It is when the acquisition of citizenship is based

upon terms of blood. The child shall take the citizenship of his parents or one
of them.

_________________________2. When the acquisition of citizenship is based on

the where the child is born. The geographical location determines the
nationality of the child under conditions provided by law.

_________________________3. It is a person’s proof of membership in a

nation-state. Through this, one may exercise the liberties and privileges
respectively and exclusively given to those who are citizens at birth or those
who underwent naturalization.

_________________________4. A method of acquiring naturalization wherein

a congressional process is required. This is done through the enactment of a
law which provides for the naturalization of a persons upon justifiable
reasons.

_________________________5. Another method for naturalization in which

the administration of such goal is done by the Regional Trial Court through
application.
_________________________6. It is the process of adopting a foreigner as a
legitimate citizen of the nation-state. In line with this, renunciation of the
former nationality is a prerequisite.

_________________________7. It is known as the administrative naturalization

law of 2000.

_________________________8. A citizen of a different nation who is only

passing through the country, if not, residing within it as a foreigner. He is not
provided with the rights and privileges experienced by the local citizens, but
instead, is constricted in terms of his actions and residence within the national
territory.

_________________________9. Refers to those who at the moment of their

birth are already citizens of the Philippines and do not have to perform any
act to acquire his Philippine citizenship.

_________________________10. Refers to the possession of two citizenships by

an individual.

Modified TRUE or FALSE. Write T if the statement is true and write the
correct answer if the statement is false.

_________________________1. Jus Sanguinis pertains to the acquisition of

citizenship by basis of blood relations.

_________________________2. Dual Nationality refers to the possession of

two state-allegiances; one that comes from the original and the other as a
result of naturalization.

_________________________3. Jus Soli is when one acquires his citizenship

through the determination of his place of birth regardless of the parents’
blood.

_________________________4. Aliens born and residing in the Philippines

may be granted Philippine citizenship by administrative proceedings before a
special committee on naturalization.

_________________________5. Citizenship Re-adaptation is the act of

formally adopting a foreigner into the political body of the state and clothing
him with the rights and privilege of the citizenship.
_________________________6. A citizen in a Dictatorial state is often called a
“Subject.”

_________________________7. It is the Duty and Obligation of a citizen to

offer his loyalty to the state. He must possess and exercise patriotism and
nationalism.

_________________________8. Repatriation is the process of returning to

one’s own country of origin, consequently, it also involves the reacquisition of
citizenship.

_________________________9. A foreigner is a member of a democratic

country who enjoys full civil and political rights.

_________________________10. Article VII, Section 5 prohibits the practice of

dual allegiance by naturalized Filipinos.

Fill in the blanks:

Write the correct answers on the blank provided.

According to the 1987 Constitution Article IV – Section 1 - The following are

citizens of the Philippines:

[1] Those who are citizens of the Philippines _______________________

___________________________________________________________;

[2] Those whose _____________________ are citizens of the Philippines;

[3] Those born __________________________, of Filipino _________, who

elect Philippine citizenship upon reaching the age of majority; and

[4] Those who are ____________________ in accordance with ________.

Article IV - Section 2. ______________________ are those who are citizens of

the Philippines from ____________ without having to perform any act to

acquire or perfect their Philippine citizenship. Those who elect Philippine

citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed

________________________.

Homework:
Discuss the difference between Dual Citizenship and Dual Allegiance. Cite
the case of MERCADO VS MANZANO (307 SCRA 630) as the basis of your
discussion.
 CHAPTER 5

SUFFRAGE AND ELECTORAL PROCESS

SUFFRAGE

Defined as a right conferred by law to a certain designated group of

people who are entitled to select their public officers and to decide
fundamental public issues. The body of people who exercise this right is
called the electorate.

THEORIES OF SUFFRAGE BY W. J. SHEPARD

1. Suffrage as an Attribute of Citizenship

Adopted by ancient Greeks such as those on the Greek city-state of

Athens where an assembly of citizens met regularly to choose their leaders.
Only the citizens of the city-state had the right to exercise suffrage.

2. Suffrage as a Vested Privilege

According to this theory, only the rich who owned property, especially
the landed gentry, had the vested right and privilege to vote for their public
officials.

3. Suffrage as an Abstract or Natural Right

Suffrage is an inherent right endowed upon man by God.

4. The Ethical Theory

This theory makes man an asset to this community for its main objective
is to improve not only his personality, but also mold him in the matrix of
responsible citizenship.

5. Suffrage as a Government Function

This theory presupposes that suffrage is a function of government that

prescribes certain qualifications pertaining to an individual qualified to vote.
 Broader than this theory of suffrage are Peel’s and Roucek’s
classification of theories of suffrage namely:

1. Individualistic Theory

Emphasizes suffrage as a right conferred upon an individual for his own

good.

2. Collectivist Theory

According to the collectivist view, the exercise of suffrage is not a right

but a function of the government which is performed for the interest of the
state or the whole community.

3. Dualistic Theory

This theory commingles the individualistic and collectivist theories of

suffrage. Under this theory, the qualified voters exercise suffrage also as a
social function

Qualifications for the Exercise of Suffrage

1. Citizenship- A voter must be a citizen of his state. It signifies allegiance

and loyalty to the state.

2. Residence- A voter must have a legal residence in a certain electoral area or

in the place where he proposes to vote within the state.

3. Age- According to the constitution of the state, it is also required that the
voter must be of majority of age which is the maturity of the age.

4. Literacy- The voter must be literate enough to be informed of the issues and
qualifications of candidates so that he can better discharge his responsibilities
as a voter. In other words, the voter must at least know how to express in
writing his choice of candidates or decisions without having necessarily
attaining formal education.

Equality and Freedom of Suffrage

 Compatible with democracy is the concept that suffrage should be
exercised by all qualified persons regardless of sex, race, creed, religion,
language, economic status, education, etc. Equality of suffrage is meaningless
unless there is freedom of suffrage.

There is no freedom of suffrage when the voter is manipulated by the

three “Gs” – “Guns, Goons and Gold.”

Compulsory Suffrage

Compulsory Suffrage refers to situations where every citizen is required

by law to cast a vote on an Election Day or risk being prosecuted and fined or
imprisoned for failing to do so.

Advantages of Compulsory Suffrage

(1.) Vast increase in voter turn-out, (2.) Legitimizes government, (3.) Reduces
the cost of political campaigns, (4.) Outcome of results are easily accepted.

Disadvantages of Compulsory Suffrage

(1.) Violation of the freedom of choose, (2.) Puts undeserving people in

government, (3.)Waste of man-hours,

The Electoral Process

An election is an act of expressing a voter’s choice among political

candidates for a public office.

Two Classifications of Election

Direct Election
 An act of selecting public officials by direct votes of the people.

Indirect Election

An act of choosing public officials by the representatives of the people.

NOMINATION PROCESS

The first step in the complicated business of choosing public officials is to determine
who shall run for office.

1. Nomination by Party Convention.

A political party convention is an assembly or gathering of selected party

delegates who perform the important job of nominating the official
candidates of the party for the elective offices in government.

2. Nomination by Party Caucus.

Another nomination procedure is by party caucus. It is composed of the

officers and leading members of the political organization.

3. Nomination by Primary Elections.

Nominations are made by the voters at a popular election similar to a general

election. Held in a certain constituency under the expense of the government.

Two Schemes of Primary Elections

Open Primary

Is or in which aspirants for official nomination belonging to different

political parties, not seek the people’s votes.

Closed Primary

It is one in which only members who have proven their loyalty to their
party may participate in the nominating process.
3. Nomination by Petition

Without any political party involvement, a good responsible citizen who

is believed to be possessing sterling qualities of a leader may be nominated by
a petition signed by a necessary percentage of voters.

4. Nomination by the Candidate

A candidate who does not belong to any political party nominates

himself for a certain public office by announcing his official candidacy at a
political meeting with the people.

Registration of Voters

The process of preparing the list of qualified voters.

The Election Day Balloting

The most crucial phase of the whole electoral process.

OTHER INSTITUTIONS OF DIRECT DEMOCRACY

1. The Initiative

It is used as a means of overcoming the indifference of apathy of the

members of a legislative body for refusing to enact legislation which is
popularly endorsed by the people.

2. The Referendum

It is a device used by the people to prevent the implementation of an

unwise or bad law. It seeks the people’s approval of a proposed law.

3. The Plebiscite

It is another political instrument employed by the people to ratify or

reject constitutional amendments.

4. The Recall
 It is a system by which an elective official is removed by popular vote
before the end of his term. A petition signed by a certain percentage of
qualified voters may force the submission of the question of recall to the
people for decision. Recall as a system of removing elective local officials has
been strengthened by the 1991 Local Government Code.

ACTIVITY

Identification:

_________________________1. It is the right, privilege, and obligation

exercised by the citizens granted by the law. This allows the citizens to elect
their preferred representative for government incumbency.

_________________________2. Imposes the idea that suffrage is an individual

right which is bestowed by the state upon men for their own good.

_________________________3. The precondition for a voter to hold a legal

tenancy in a particular location within the state. Consequently, it serves as a
prerequisite in order to allow citizens to vote in their area of preference and
elect its local candidates.

_________________________4. Refers to a condition wherein the citizens are

legally obliged to participate in the electoral process by casting their votes. If
the aforementioned demanded by the government cannot be met, sanctions
are imposed upon those who opposed the order.

_________________________5. Imposes the idea that suffrage is a function of

the government which is performed for the greatest good and welfare of the
state as a whole.

_________________________6. It combines the idea of the collectivist theory

and individualistic theory. Suffrage in this idea is both an individual and
social function; for the good of the individual and for the good of the
community.

_________________________7. Presents the notion that a man is an asset to his

community due to his two main purpose; to improve his own personality and
to take essential steps in order to frame himself into a responsible citizen.
_________________________8. A body of persons who exercise the right and
privilege of suffrage.

_________________________9. A process wherein citizens may express their

preference of governance and platform by voting their preferred electoral
candidate into public office.

_________________________10. A type of election wherein there is a direct

casting of votes upon those who are preferred by the electorate.

Modified True or False:

Write T if the answer is true and write the correct answer if it is false.

_________________________1. Suffrage is one of the indicators of a democratic

state.

_________________________2. A plebiscite is a method that allows the people

to cast their agreement or disagreement upon a certain state decision or law.

_________________________3. Plebiscite is a system by which a duly elected

official may be once again elected by the people, however, for the purpose of
removing him from incumbency.

_________________________4. Nomination by legislation is a process wherein

a citizen who is believed to be possessing competent leadership qualities and
ethical principles in public service may be placed into incumbency through
the appeal of the voters. However, a certain percentage must be attained in
order to attain this purpose.

_________________________5. It is when a candidate for public office

nominates himself through the announcement of his official candidacy.

Fill in the blank:

Fill the blanks with the correct answer.

1. According to the theory of suffrage as an attribute of citizenship,

suffrage is adopted by the _____________________ such as those on the
_____________________ of _____________________ where an assembly
of citizens met regularly to choose their leaders.
 2. According to the theory of___________________________, only wealthy
individuals were granted the right and privilege to vote for their public
officials.
3. It is argued by the theory of _________________________ that voting is
an inherent practice granted to man by God.
4. _____________________ is essential in order to prepare the list of
qualified voters.
5. The opportunity provided to the people which allows them to elect the
political candidate of their preference for government position is called
_____________________.

Essay:

How critical is the relevance of responsible usage of the right to suffrage?

How will this affect our political system and stability?

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 CHAPTER 6

POLITICAL PARTIES AND PERSONAL ORGANIZATIONS

Political Party

A political party is an organized group of individuals who agree on

common political principles and platform seeking to control the powers of
government to serve national interest and to enjoy the benefits derived from
such control.

ORIGINS OF POLITICAL PARTIES

Theoretical Assumptions

Two factors might have influenced the formulation of these theories:

the characteristics of the human personality and the social environment.
One theory holds that political parties originated out of the combative
instincts of individuals. Another theory explains that the creation of parties
may be due to temperament of people and their attitudes towards social
environment.

Historical Origins

The historical evolution of political parties started in Western Europe.

It was an integrated part of the growth and development of constitutional
representative government.

Elements of a Political Party

1. A political party is an organization of men united on common political

principles and platforms.

2. A political party must put up candidates during election time.

 Candidates are the means by which the political party can mobilize the
votes of the electorate in order to win and gain control of the government.

3. A political party must have a platform or program of government which

is ready to implement when it shall have wrested control of the
administration.

Functions of Political Parties

1. Educate the people, especially the uninitiated and uninformed, on

public issues and qualifications of candidates.
2. Perform the basic role of providing leadership in government.
3. Serve as potential sources of public policy.
4. Act as an effective communication link between the government and
the people.
5. Perform the function of critic and fiscalizer.
6. Help promote unity among groups of people with different religions,
creeds, languages, customs and traditions, and racial origins.

THE PARTY SYSTEM

It is described in terms of party movement, operation of political

parties, and impact of the party system. According to V.O Key, a party
system draws a pattern of relationships among various elements in the whole
political system.

TYPES OF PARTY SYSTEM

A. The Two-Party System

Under the two-party system, there are two major parties in the state with
nearly equal membership and political strength. Around them are minor
and third parties.

Factors Responsible in the Growth of the Two-Party System

1. Human nature

2. Institutional factors

B. The Multi-Party System

The multi-party system is a scheme of party alignment in which there

are several parties in a state, each with its own membership, identity or
label, ideology, programs and policies.

Disadvantages of a Multi-Party System

• In a multi-party state no one of the several parties contending for

electoral support is able to win the majority votes of the people.

Advantages of the Multi-Party System

• A great number of parties in a state are consistent with democracy in

that under this system the voters are allowed the widest possible
choice among the political parties advocating different policies.

C. One Party State System

Only one party exists in the state. This system is found only in
totalitarian states.
 PARTY ORGANIZATION

Since the purpose of political parties is to gain control of the government

by winning elections, the party organization is composed of a group
individual:

 The Party Leaders

 The Card-bearing members

 Supporters

Main Tasks of Party Organization

a) Nominations of the candidates of the party.

b) Campaign or mobilization of Electoral support for the candidates.

THREE MODELS OF PARTY ORGANIZATION

I. The British Party Organization

It is well-disciplined, highly integrated and effective machinery

in which there is a high degree of centralized control. It is due to the
homogeneity of the English People.

3 Units of Conservative Party

1. The Constituency Associations

It is vital element of the party in the different constituencies or

electoral districts.

2. The Central Office

The Central headquarters of the party. Headed by a chairman

who is appointed by the leader of the party.

3. The Parliamentary Party

 It is more or less autonomous unit of the national party’s
organizational structure.

II. The United States Party Organization

It was built along geographical divisions of the country.

Party Committees:

1. The National Committee

The capstone of party’s organizational structure.

2. The Congressional and Senatorial Campaign Committees

Independent from national convention and national committees.

3. The State Committees

Otherwise called the Central Committee. Members are selected in

accordance with the state’s law either by election or appointment.

4. County Committees

The important units of the political party organization.

5. Precinct Committees

The basic units of the party organization.

III. The Philippine Party Organization

Built parallel to the governmental structure of the country. Units of the

party organization are established at the national level, in the cities, provinces,
districts, municipalities, barangays and precincts.

Party Organization before Martial Law

National Governing Bodies

 (1.) National Convention, (2.)National Directorate, (3.)National
Committee, (4.) National executive committee or Central Committee
(Junta), (5.)Party President

Personal Organization

Outside formal organization are personal machines that are very active
during elections in helping the political party mobilize electoral support for
its candidates. A candidate may have his own headquarters and his own
campaign organization, his own crew to prepare press releases, mail
campaign literature and get out of the votes, which are independent of those
of the formal organization, avoiding involvement with other candidates in the
party line-up.

ACTIVITY

Identification:

_________________________1. This is where the historical revolution of

political parties started.

_________________________2. Are the means utilized by the political party in

order to gain and accumulate a large quantity of votes from the electorate,
thus, allowing them to take-hold of governmental power and legitimacy.

_________________________3. An organized group of individuals who agree

upon a system of platform and shares common goals. They seek to control the
government and the benefits it offers by gaining the trust of the people during
the electoral process which will determine if whether or not their goals are to
be realized.

_________________________4. Are necessities for a political party which are

meant to be delivered and imposed upon the citizens and the government. It
endorses their aspirations and plans for the state and is the key in order to
gain the electorates’ trust.

_________________________5. According to him, a party system draws a

pattern of relationships among various elements in the whole political system.
_________________________6. Imposes that there shall only be two major
parties in the state which possesses equal political strength and membership.
What functions around them are minor and third parties.

_________________________7. A system wherein there is an existence of

several parties in the nation-state. Each party is distinct in nature, form, and
aspiration. They may possess opposing ideologies, differing goals, varied
identities and distinct policies.

_________________________8. Exists in Totalitarian states wherein there is

only one party.

_________________________9. It is composed of party leaders, card-bearing

members, and supporters. Each performs an essential function in order to
realize the aspiration of gaining control over the government –its power and
privileges.

_________________________10. Argues that political parties are made due to

the response and attitudes of people towards their social environment.

Modified True or False:

Write T if the answer is true, however, write the correct answer if the item is
false.

_________________________1. The main tasks of voters is to nominate the

candidates of the party and the mobilization of electoral support for the
candidates.

_________________________2. The German Party Organization is well-

disciplined, highly integrated, and effective machinery in which there is a
high degree of centralized control.

_________________________3. The United States Party Organization was

built along geographical divisions of the country.

_________________________4. The Constituency Association is a vital

element of the party in the different constituencies or electoral districts.

_________________________5. National Party Organizations are built in

accordance to the governmental structure of the Philippines wherein party
organizations are made based on geographical subdivisions, particularly, at
the national, provincial, district, city, municipal, and barangay levels.

Matching Type:

Match Column A with Column B. Write the letter on the space provided
before the number.

COLUMN A

_________1. Group of individuals who sharing a common political goal,

particularly with regards to the election, the electorate, and governmental
positions.

_________2. They are the representatives of the party. They serve as an

instrument in order to gain the votes of the electorate and achieve the
objectives of the political party.

_________3. Factors responsible for the growth of the Two-Party System.

_________4. Independent from national convention and national committees.

_________5. The capstone of parties’ organizational structure.

COLUMN B

a. Candidates
b. Political Parties
c. Human Nature and Institutional Factors
d. National Committee
e. Congressional and Senatorial Campaign Committees

Essay:

Is having political parties a characteristic of democracy? Explain your answer

and cite a hypothetical example.

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