Professional Documents
Culture Documents
YOU AND
DEMOCRACY
POLITICS : WHO SAID WHAT?
1. Political theory
2. Public Law
3. Public Administration
Political Theory
It refers to the entire body of
doctrines relating to the origin,
form, behaviour, and purposes
of the state are dealt with the
study of political theory.
Public Law – the (a)
organization of governments, (b)
the limitations upon government
authority, (c) the powers and
duties of governmental offices
and officers, and (d) the
obligations of one state to
another are handled in the study
of public law.
Private Laws are the one which
govern the relations among
individuals, public law is so
specialized that separate courses
offered in each of its
subdivisions, namely: (a)
constitutional law, (b)
administrative law, and (c)
international Law.
Public Administration -
attention is focused upon
methods and techniques used
in the actual management of
the state affairs by executive,
legislative, and judicial
branches of government.
THE PHILIPPINE GOVERNMENT
The Philippines is a democratic
and a republican state.
Sovereignty resides in the people
and all government authority
emanates from them.
Source:
Article II, section 1 of the 1987 Constitution
THE PHILIPPINE GOVERNMENT
1. Terrestrial/land mass
2. Aerial
3. Fluvial
4. Maritime Domain
The smallest state is Vatican
State with an area of 0.43
square kilometres. It would fit
in Rizal Park in Manila. The
biggest state is Canada with
an area of 3,852,000 square
miles which covers a surface
nearly as large as Europe.
The Philippines has a total land
area of about 115,707 square
miles .
3. Government
It refers to the agency through
which the will of the state is
formulated, expressed and
carried out.
4. Sovereignty
It is the supreme power of the
state to command and enforce
obedience to its will from
people within its jurisdiction,
and to have freedom from
foreign control.
Two manifestations of Sovereignty:
1. Internal or the power of the state
to rule within its territory;
2. External or the freedom of the
state to carry out its activities without
subjection or control by other states.
External sovereignty is often referred
to as independence.
How do you treat the Claim of the Phils.
Over Sabah? Is it imperium or
dominium?
Answer:
It is both imperium and dominium. We
seek to own exclusively Sabah and in
so owning, we have to exercise our
sovereignty to govern the same.
Characteristics of Sovereignty
1. Permanence;
2. Exclusivity;
3. Comprehensiveness;
4. Absoluteness;
5. Individuality;
6. Inalienability; and
7. Imprescritibility
Permanence means it exist in the same form
forever or for a very long time.
- it is a system of fundamental
laws or principles for the
government of nation, society,
corporation
- it may be either written or
unwritten.
It is a written enactment by the
direct action of the people by
which the fundamental powers of
the government are established,
defined and limited and by which
those powers are distributed
among several departments for
their safe and useful exercise for
teh benefit of the body politic.
CONSTITUTION OF THE
REPUBLIC OF THE PHILS.
1. The Malolos Constitution
2. The 1935 Constitution
3. The 1973 Constitution
4. The 1986 Freedom Constitution
5. The 1987 Constitution
Basic Principles underlying the
new Constitution:
1. Recognition of the Aid of
Almighty God; (preamble)
2. Sovereignty of the People
(Art. II Sec. 1)
2. Sovereignty of the People
(Art. II Sec. 1)
3. Renunciation of war as an
instrument of national policy
(Art. II Sec. 2)
4. Supremacy of civilian authority
over military (Art. II Sec. 3)
5. Separation of church and
State (Art. II Sec. 6)
6. Recognition of the importance
of the family as basic social
institution and of the vital role of
the youth in nation-building (Art.
II Secs. 12, 13 & Art. XV)
7. Guarantee of human rights
(Art. III Secs. 1-22)
8. Government through suffrage
(Art. V Sec. 1)
9. Separation of powers (Art. VI,
Sec. 1)
10. Independence of the judiciary
(Art. VIII Sec.1)
11. Guarantee of local autonomy
(Art. X, Sec 2)
12. High sense of public service
morality & accountability of
public officers (Art. XI, Sec. 1)
13. Nationalization of natural
resources and certain private
enterprises affected with public
interest (Art. XII Secs. 2,3,17
18)
14. Non-suability of the State (Art
II. Sec. 16)
15. Rule of majority
16. Government of laws and not
of men
Article XVII
AMENDMENTS OR
REVISION
Sec. 1 Any amendment to, or
revision of, this Constitution may be
proposed by:
Congress is required to
provide by law for the
implementation of the exercise
of this right.
Once the required number of
voters’ signature is complied with,
Congress is bound to submit the
proposed amendments to the
people in a plebiscite.
The above requirements are
designed to ensure that a sizeable
portion of the population really
desire to propose the amendment
and at the same time avoid
frequent changes in the
fundamental law which are not
conducive to political stability.
Sec. 3, Art. XVII
The Congress may, by a vote
of two-thirds of all its Members,
call a constitutional convention,
or by a majority vote of all its
members, submit to the
electorate the question of calling
such a convention.
Method by which constitutional
convention may be called.
1. Congress by two-thirds vote of
all its members may call a
constitutional convention; or
2. Congress by a majority vote of
all its members (in case neither
the ¾ nor 2/3 vote can be
mustered) may toss the
question to call a constitutional
Convention to the electorate in
an election.
Constitutional Convention is a
body assembled for the
expressed purpose of framing
the constitution, or revising the
existing Constitution, or
formulating amendments to it for
the approval of the electorate.
Sec. 4, Art. XVII
Any amendment to, or revision
of, this Constitution under Section 1
hereof shall be valid when ratified
by a majority of the votes cast in a
plebiscite which shall be held not
earlier than sixty days nor later
than ninety days after approval of
such amendment.
Any amendment under Sec. 2
hereof shall be valid when ratified
by a majority of the votes cast in a
plebiscite which shall be held not
later than sixty days nor later than
ninety days after certification by
the Commission on Elections of
the sufficiency of the petition.
Ratification means the direct
approval by the people of the
amendment to, or revision of
the constitution. It is the final
act to make any change in the
constitution valid as part
thereof.
1987 CONSTITUTION
Preamble
Answer:
The Preamble cannot be
considered as a source of substantive
power unless apart from the
Preamble, it is to be found in express
form in the distribution of powers.
Difference between 1935 & 1987 Constitution
esp. In Preamble
Answer:
The conventional modes of
acquiring territory are: