CHAPTER 1 – THE ELEMENTS OF PHILIPPINE POLITICS

ELE DPP – DYNAMICS ON P.H POLITICS | PRELIMS TERM

Professor: Atty. Angelo C. Alban
B.S Biology Major Medical Biology | A.Y 2022-2023
02
LESSON 1: THE ELEMENTS OF PHILIPPINE POLITICS
arches, signages, country line
and etc.)
TABLE OF CONTENTS: 3. UNCLOS – United Nation’s
1. The State………………………………p. 1 Convention on the Laws of the
a. Elements of a State……………...p.1-2 Sea
2. Political System ng Pilipinas……….p. 2 a. Treaty signed by
participating states
a. Unitary……………………………..p. 2 (Philippines, USA, Australia,
i. Elements of the Unitary Form China, India, Yemen and
ii. Versus Federal Gov’t other countries exposed in a
iii. CONFEDERACY – Alliance of body of water)
Independent States b. Has 3 parts
c. Declares the 350 naut. miles
b. Presidential………….……………p. 3 from the country’s baseline
i. Elements of the President’l form as part of their territory
ii. Versus Parliamentary 4. Since the Philippines is an
c. Constitutional………………………...p. 4 archipelago = determined by the
i. Elements of Cons’tl form straight baseline (only covers the
3. Hierarchy of Laws………………………...p. 4 Philippine archipelago enclosed
therein)
d. +12 naut. miles = territorial
sea
THE STATE e. +24 naut. miles = habitat
- Community of persons, more or less numerous, zone
occupying a definite territory, with a government f. +200 naut. miles = Exclusive
free from external control Economic Zone (EEZ)
- State = legal and political term g. +300 naut. miles = External
- State = country continental Shelf (ECS)
- State not the same as a nation
Government 5. According to the Official Gazette
ELEMENTS OF A STATE a. Everything that involves
legal and state laws or
IN ORDER TO BE CONSIDERED AS A STATE: documents should be placed
One must have all these criteria: in the Official Gazette
1. People (Kapag wala sa O.G, hindi
2. Territory official)
3. Government b. The Philippines is a unitary,
4. Sovereignty presidential, and
constitutional republic
VATICAN CITY – Smallest state Sovereignty 6. Power of the state to be free from
- Religious state for the Catholicism external control
- The Pope – Supreme Pontiff/the head of the State 7. Declared in the O.G that the
- The only religious organization to have its own and Philippines declared its
independent state sovereignty against the Spanish
- Situated in Italy – a country within a country Empire on June 12, 1898
8. Does not enclose the American,
CHINA – biggest state Japanese, and British attempt to
colonize the Philippines
ELEMENTS DESCRIPTION
People 1. Citizenship = the political STATE NATION
membership 1. Political 1. Cultural
2. Political rights of a person 2. One country 2. One or more
a. Right to vote 3. Treaties countries
b. Right to be voted for 4. E.g. Philippines, 3. Cannot join
Territory 1. Involves the land, water, and sea USA, Australia treaties as one
2. Easier to proclaim land 4. E.g Latin
boundaries and territories (i.e American Nation
(Venezuela, Peru.
Argentina, Brazil

Prepared by: Paolo Miguel G. De Jesus 1

 CHAPTER 1 – THE ELEMENTS OF PHILIPPINE POLITICS
ELE DPP – DYNAMICS ON P.H POLITICS | PRELIMS
Professor: Atty. Angelo C. Alban
B.S Biology Major Medical Biology | A.Y 2022-2023
and etc. because
they share culture,
language and
etc.), Bavarian
Nation (Denmark,
United Kingdom,
Switzerland and
etc.), Arab Nation
(Qatar, UAE,
Pakistan, and etc.)
In a monarchial government:
KING AND/OR QUEEN: Head of the State
PRIME MINISTER: Head of the Government
POLITICAL SYSTEM NG PILIPINAS
5. The Philippines is a unitary, presidential,
constitutional republic (Official Gazette)
6. Declared in the O.G that the Philippines declared its
sovereignty against the Spanish Empire on June 12,
1898
UNITARY
ELEMENTS OF UNITARY FORM OF GOV’T
1. Centralized government where all powers are
concentrated except those given to the local
governments (L.G)
2. Geographically = we are unitary
a. Malacañang Palace – center of power where the
president resides during his/her term
b. Allows L.G = includes provincial gov’t, city gov’t,
and barangay gov’t = they are all under, regulated,
supervised, and controlled by the National
Government
i. Local governments ARE STILL LIMITED in
terms of its POWERS as prescribed by the
Government Local Code
ii. May local government for convenience and para
mas macater ang needs ng population
iii. Hindi ka naman pwedeng lumapit sa president
ng Pilipinas dahil lang maingay ‘yung
kapitbahay mo ng 2AM dahil sa Videoke
c. Government Local Code
i. Handled by the Department of Local
Government
ii. Under the constitution
iii. The national government is require dto pass
laws to INSTITUTIONALIZE the L.Gs
iv. The nat’l gov’t CANNOT UNDO NOR ABOLISH
the L.G because the constitution protects it from
being dissolved
EXAMPLE:
Barangay Government consists of LUPON NG MGA
TAGAMAYAPA – arranges and fixes the small conflicts
within its constituents
TERM
02
KAPAG HINDI NAAREGLO = e.x Just vixation
(pambabastos at pamboboso) ► brought to the higher
level of jurisdiction (Pulis – mga PNP)
3. Since the PH is not under dictatorship…
a. People are elected to government positions
b. In dictatorship cases:
i. Government positions ARE INHERITED
ii. E.x North Korea’s Kim Jong Un’s presidency is
inherited from his deceased father
AUTOMATICALLY (walang election election,
iii. pag sinabing siya ang susunod na
tagapagmana ng position, siya na agad)
iv. Other e.x Former President Marcos Sr.’s
dictatorship involved nepotism (1, 2 or
more families are in a government
positions, sila sila lang ang
nagpapatakbo)
4. In some instances, despite na mayroong unitary or
central government, parts of the central government
HAS THE CHOICE to join or involve themselves to
smaller conflicts
a. Example: The National Bureau of Investigation
(NBI) can enter anytime in some situated cases
i. BUT it depends on how small or big it is ‘yung
kanilang involvement in such conflicts or cases
VERSUS FEDERAL GOVERNMENT
1. Decentralized = central government to other local
governments
2. However, local governments or local states have their
own VAST POWERS
3. Countries with Federal type of government: USA and
Malaysia
4. Central government and local state government is co-
equal to one another, can have certain powers, not
superior to the other
5. Example: California State Government legalized
abortion, therefore the National Government has no
right, in any way, to change or to dissolve this law
because it is under the Californian government
jurisdiction
6. EXCEPTIONS:
a. If matters and conflicts concern the NATIONAL
TERRITORY (may illegal na nakapasok sa
California), TERRORISM, AND/OR NATIONAL
SECURITY = the National Government takes over
7. Federacy is different to Confederacy
CONFEDERACY – Alliance of Independent States
1. Geographically = we are unitary
2. U.S.A is no longer a confederate country
3. In confederacy, one may opt to follow or not to follow
the state (ibig sabihin may choice sila, hindi required,
hindi compulsory)
4. Can get tricky since it will always depend on the
situation they involve in
Prepared by: Paolo Miguel G. De Jesus 2
 CHAPTER 1 – THE ELEMENTS OF PHILIPPINE POLITICS
ELE DPP – DYNAMICS ON P.H POLITICS | PRELIMS
Professor: Atty. Angelo C. Alban
B.S Biology Major Medical Biology | A.Y 2022-2023
5. The closest form of government right now is E.U
(European Union)
a. With the exception at hand, example, Switzerland
(Francs) and Sweden (Krona) retained their
currency, not following E.U with its centralized
European dollar. BUT STILL, they are part of E.U
confederate
b. They still follow confederate policies and laws but
they restrained the European dollar currency and
sticked with their own country currency
c. Schengen Visa – applicable to countries in the E.U
i. However, due to Brexit (United Kingdom), they
have now a separate visa application process
UNITARY FEDERAL
1. Central power 1. Decentralized
2. Has local 2. Local states also
government with have vast powers
limited powers 3. USA, Malaysia
3. Philippines
PRESIDENTIAL
ELEMENTS OF PRESIDENTIAL FORM OF GOV’T
1. Presidential and legislative SHOULD BE SEPARATE
2. PRESIDENTIAL – chosen independently
LEGISLATIVE – chosen independently
*So both of them should and are co-equal during
elections
3. The president = CHIEF IMPLEMENTOR
a. Implement the laws made by the legislation
4. The Legislative Branch – AUTHORS
a. Make the laws
5. For checks and balance purposes = ‘yung co-equal
sila
FOR EXAMPLE:
Before 6 years - Those in government positions, kapag
may ginawang mali or lumabag sa batas, they can have
cases filed against them BUT with no arrest UNTIL
THERE IS CONVICTION FROM THE COURT
After or beyond 6 years – cases can be file that will lead
to arrest and can be imprisoned while the case is
ONGOING
IN SUMMARY:
Before 6 yrs. = Free until convicted (with partial
immunity since they hold a government position)
After 6 yrs. = Arrested, imprisoned, and then if a)
convicted, still imprisoned or b) not convicted, free to go
6. “Every election, utang na loob, bumoto kayo ng
magkalaban because when the president is friends
with the Congress then para saan pa na nagkaroon
tayo ng presidential form of government” – ATTY. DE
ALBAN
TERM
02
7. The responsibility of the Congress is to impeach the
president if he/she committed crimes or went beyond
the constitution
8. The responsibility of the president is to file cases TO
THE CONGRES against kamote or baluktot na
government officials
9. THE CONGRESS IS CONSISTED OF:
a. SENATE = 24 senators
b. HOUSE OF REPRESENTATIVES = 300+
representatives (depending on population)
10. Both come hand in hand during law implementation
“Ano ba ‘yan presidente dapat gawin mo na ‘to” “bakit
hindi pa ginagawa ni president itong ganito?”
REMEMBER: Kapag walang law na kaakibat ang
implementation = the president CANNOT do anything
that is being demanded
Kesyo presidente ka, kung walang batas na ginawa or
hindi sang-ayon ang kongreso sa’yo at sa planong iyon,
hindi siya pwedeng iimplement
The president is ONLY the head of HIS/HER
administration DURING HIS/HER TERM
11. We should not say “Ang bulok ng gobyerno, ang
kamote, ang bobo ng mga nas gobyerno”
a. First, we should pertain and address what part of
the government because the government is the
people running the system (It is too general)
b. Point out the specific unit, people, branch,
department, or position (Hindi naman lahat
masama, sadyang may mga bobo at kamote
talaga)
c. “The problem with Filipinos ay bumabase tayo sa
pangalan ng candidate and not the office that they
will be holding”
12. Investment topic – favored to the presidential type of
government because he/she is one person and can be
dependent on their investments for the whole term of
his/her presidency
a. Unlike parliamentary, it varies and can change
without knowing
13. If the President and the Congress do not meet halfway
(magkasalungat), it will be a dead lock (which can be a
good thing)
a. Because the president and the congress must have
cordial relationship but not too close na
nagbubulag-bulagan na sa maling ginagawa ng
Pangulo
VERSUS PARLIAMENTARY
1. Checks and balance apply = the Prime Minister does
not have to undergo impeachment
2. Mas prangka ang parliament = kung ayaw na naming
sa’yo, wala na kaming tiwala, magbotohan tayo
Prepared by: Paolo Miguel G. De Jesus 3
 CHAPTER 1 – THE ELEMENTS OF PHILIPPINE POLITICS
ELE DPP – DYNAMICS ON P.H POLITICS | PRELIMS TERM
Professor: Atty. Angelo C. Alban
B.S Biology Major Medical Biology | A.Y 2022-2023
02
ngayon umalis ka na sa pwesto mo dahil papalitan ka 12. Bhutan
na naming 13. Israel
3. Unlike in presidential, it has to go through the process 14. New Zealand
COUNTRIES WITH NO
of impeachment done by the Congress 15. Oman
CODIFIED
4. THE EXECUTIVE WILL ALWAYS DEPEND ON THE 16. San Marino
CONSTITUTION
LEGISLATIVE 17. Saudi Arabia
18. United Kingdom
PRESIDENTIAL PARLIAMENTARY 19. Vatican City
8. Fixed term (6 years) 10. Depends on
9. Chosen independent popularity 7. Constitution puts the boundaries and places a
from legislative 11. Chosen from framework = w/ document (written)
members of the a. Some have no constitution but still have laws and
parliament framework
(representatives) b. For qualifications and standards that should be
followed
CONSTITUTIONAL c. E.x Ang gusto maging Fast Food Crew ay
kailangan at least college graduate, pero ang
ELEMENTS OF CONST’L FORM OF GOV’T pagtakbo sa Presidency ay sobrang minimum,
kailangan able to read and write tapos may mga
1. Government whose powers are efined in a codified
hindi pa rin matitinong tumatakbo
document
2. Does the people need the constitution? = YES
But does the government need the constitution? = NO
3. Magna Carta = codified written document that will set HIERARCHY OF LAWS
the limit of the government
a. Monarchs and Church-led governments have this ELEMENTS OF THE HIERARCHY
b. Kung walang constitution or at least a Magna Carta
or a codified written document, then walang ELEMENTS DESCRIPTION
nagseset ng limit Constitution - CREATED BY: Constitutional
4. Mahalagang alam mo ang basic contents of the Convention – birth of a new
constitution because IT PROTECTS YOU and it constitution
basically states your own rights as a person and as a - IMPLEMENTED WHERE:
citizen that can protect you on certain harm Nationwide
a. Kaya mahalaga ang constitution sa mga tao Laws - CREATED BY: Congress
5. Constitution - IMPLEMENTED WHERE:
a. not subjective Nationwide
b. The Kryptonite of the government since the Rules - CREATED BY: Secretaries of the
government is so powerful, thus it can do anything. different government
However, one can abuse this power so there has to departments
be a authority or a basis to set the boundaries and - IMPLEMENTED WHERE:
where to draw the line Nationwide
c. EXAMPLE: Can the president get your lot? NO. But e.g PNP – secretary of the police forces
can the government get your lot? YES, AS LONG
Prov. Ord. - CREATED BY: Board Members
AS it is for common good or public use and with
- IMPLEMENTED WHERE:
JUST COMPENSATION
Provinces
i. Hindi naman pwedeng paalisin ka sa bahay niyo
City/Munic. - CREATED BY: City Councilors
dahil may itatayong daanan pero nakaderetso
- IMPLEMENTED WHERE:
pala sa rest house ng isang pulitiko then sa dulo
City/Municipality
dead end na
Barangay - CREATED BY: Brgy. Kagawad
6. The 3 Main Branches (all are stated in the
- IMPLEMENTED WHERE:
Constitution):
Barangay
a. EXECUTIVE, LEGISLATIVE & JUDICIARY
b. EXECUTIVE AND LEGISLATIVE – became one
when Ferdinand Marcos Sr. created Presidential
Decrees during the Martial Law. However it is *Since it is a hierarchy, the Barangay gov’t should not
retained and not abolished during the transitory to violate the City/Munic laws. The City/Munic laws should
the 1987 Constitution under the presidency of the not violate the Prov. Ord., and so on until no law shall
late Corazon Aquino violate the Constitution

Prepared by: Paolo Miguel G. De Jesus 4