I.

Preliminary Concepts
A. Definition of Political Science
Political Science the systematic study of the state and
government
Has, as its formal object, a basic knowledge and understanding
of the state
Primarily concerned with the association of human beings into
a body politic
It deals with those relations among men and groups which are
subject to control by the state
B. Scope of Political Science
1. Political Theory The entire body of doctrines relating to the
origin, form, behavior, and purposes of the state
2. Public Law
The organization of governments
The limitations upon government authority
The powers and duties of governmental offices and officers
The obligations of one state to another are handled in the
study of public law
3. Public Administration attention is focused upon the methods
and techniques used in the actual management of state affairs
by executive, legislative, and judicial branches of the
government
C. Concept of state and government forms
State a community of persons more or less numerous,
permanently occupying a definite portion of territory, having a
government of their own to which the great body of inhabitants
render obedience, and enjoying freedom from external control
1. Elements of State
a. People refers to the mass of population living within the
state

b. Territory includes not only the land over which the

jurisdiction of the state extends, but also the rivers and lakes
therein, a certain area of the sea which abuts upon its coasts
and the air space above it
c. Government refers to the agency through which the will of
the state is formulated, expressed, and carried out
d. Sovereignty the supreme power of the state to command
and enforce obedience to its will from the people within its
jurisdiction and corollary, to have freedom from foreign
control
Two Manifestations:
Internal the power of the state to rule within its
territory
External the freedom of the state to carry out its
activities without subjection to or control by other
states
2. Origin of States
a. Divine Right Theory the state is of divine creation and the
ruler is ordained by God to govern the people
b. Necessity or Force Theory maintains that states must have
been created through force, by some great warriors who
imposed their will upon the weak
c. Paternalistic Theory attributes the origin of states to the
enlargement of the family which remained under the
authority of the father or mother
d. Social Contract Theory asserts that the early states must
have been formed by deliberate and voluntary compact
among the people to form a society and organize
government for their common good
3. Forms of Government
a. as to number of persons exercising sovereign powers:
Monarchy one in which the supreme and final authority
is in the hands of a single person without the regard to
the source of his election or the nature or duration of his
tenure
Absolute monarchy one in which the ruler rules by
divine right
Limited monarchy one in which the ruler rules in
accountancy with a constitution
2

 Aristocracy one in which political power is exercised

by a few privileged class which is known as an
aristocracy or oligarchy
Democracy one in which political power is exercised
by a majority of the people
Direct or pure democracy one in which the will of
the state is formulated or expressed directly and
immediately through the people in a mass meeting or
primary assembly rather than through the medium of
delegates or representatives chosen to act for them
Indirect, representative, or republican democracy
one in which the will of the state is formulated and
expressed through the agency of a relatively small and
select body of persons chosen by the people to act as
their representatives
b. as to extent of powers exercised by the central or national
government:
Unitary government one in which the control of
national and local affairs is exercised by the central or
national government
Federal government one in which the powers of
government are divided between two sets of organs, one
for national affairs and the other for local affairs, each
organ being supreme within its own sphere
c. as to relationship between the executive and legislative
branches of the government:
Parliamentary government one in which the state
confers upon the legislature the power to terminate the
tenure of office of the real executive
Presidential government one in which the state makes
the executive constitutionally independent of the
legislature as regards his tenure and to a large extent as
regards his policies and acts, and furnishes him with
sufficient powers to prevent the legislature from
trenching upon the sphere marked out by the constitution
as executive independence and prerogative

D. Politics and Filipino Values

E. Socio-Economic Political Ideologies
1. Capitalism Capitalism is actually a social (political) rather
than economic system. Traditional definitions focus on private
ownership. Ownership, to have any meaning, must be based on
rights. Otherwise you own something only in name while
someone else tells you what to do. Capitalism is the system that
recognizes and protects individual rights. It defines the only
function of government as defending those rights through an
objective system of justice.
2. Socialism a class of ideologies favoring an economic system
in which all or most productive resources are the property of the
government, in which the production and distribution of goods
and services are administered primarily by the government
rather than by private enterprise, and in which any remaining
private production and distribution (socialists differ on how
much of this is tolerable) is heavily regulated by the
government rather than by market processes.
3. Communism any ideology based on the communal ownership
of all property and a classless social structure, with economic
production and distribution to be directed and regulated by
means of an authoritative economic plan that supposedly
embodies the interests of the community as a whole.
F. Theories and Contributions of Selected Political Philosophers
1. Niccolo Machiavelli - In The Prince (1513), Machiavelli offered
a monarchical ruler advice designed to keep that ruler in power.
He recommended policies that would discourage mass political
activism, and channel subjects' energies into private pursuits.
Machiavelli wanted to persuade the monarch that he could best
preserve his power by the judicious use of violence, by
respecting private property and the traditions of his subjects,
and by promoting material prosperity. Machiavelli held that
political life cannot be governed by a single set of moral or
religious absolutes, and that the monarch may sometimes be
excused for performing acts of violence and deception that
would be ethically indefensible in private life.
4

2. Adam Smith - Smith laid the intellectual framework that

explained the free market and still holds true today. He is most
often recognized for the expression "the invisible hand," which
he used to demonstrate how self-interest guides the most
efficient use of resources in a nation's economy, with public
welfare coming as a by-product. To underscore his laissez-faire
convictions, Smith argued that state and personal efforts, to
promote social good are ineffectual compared to unbridled
market forces.
3. John Locke Lockes views on government, as the title will
tell, are expressed in his work Two Treatises of Government. In
summary, with this work, Locke defined the proposition that
government rests on popular consent and rebellion is
permissible when government subverts the ends (the protection
of life, liberty, and property) for which it is established.
4. Jean-Jacques Rousseau Rousseau was one of the first modern
writers to seriously attack the institution of private property, and
therefore is considered a forebear of modern socialism and
communism. Rousseau also questioned the assumption that the
will of the majority is always correct. He argued that the goal of
the government should be to secure freedom, equality, and
justice for all within the state, regardless of the will of the
majority.
5. Thomas Hobbes Hobbes is perhaps most famous for his
political philosophy. Men in a state of nature, that is a state
without a civil government, are in a war of all against all in
which life is hardly worth living. The way out of this desperate
state is to make a social contract and establish a state to keep
peace and order. Because of his view of how life is nasty
without the state, Hobbes subscribes to a very authoritarian
version of the social contract.
II.

Theories of Governance
Parens Patriae - Parens Patriae means literally, "parent of the
country." It refers traditionally to the role of State as sovereign and
guardian of persons under legal disability. Parens Patriae originates
from the English common law where the King had a royal prerogative
to act as guardian to persons with legal disabilities such as infants.
5

A. Representation and Separation of Powers

1. Separation of Powers
a. Presidential System the powers of government, by virtue
of this principle, are divided into three (3) distinct classes:
the legislative, the executive, and the judicial. They are
distributed, respectively, among the legislative, executive,
and judicial branches or departments of the government
b. Parliamentary System under the parliamentary form, there
is a fusion rather than a separation between the two organs,
executive and legislative, so that in a sense, the two are one
body performing two governmental functions: policymaking and policy-executing
c. French Presidential-Parliamentary System this is a variant
of the two types of government. Its Constitution establishes
the familiar organs of a parliamentary system but delegates
broad powers to the President and places serious limitations
on legislative powers
B. Principle of Checks and Balances
The three co-equal departments are established by the Constitution
in as balanced positions as possible. To maintain this balance or to
restore it if upset, each department is given certain powers with
which to check the others. Thus:
1. Checks by the President - the President may veto or disapprove
bills enacted by Congress and through the pardoning power, he
may modify or set aside judgments of courts
2. Checks by the Congress Congress may override the veto of the
President; reject certain appointments of the President; revoke the
proclamation of martial law or suspension of the privilege of the
writ of habeas corpus by the President; and amend or revoke
decisions of the courts. It has likewise the power to define,
prescribe, and apportion the jurisdiction of the various courts;
prescribe the qualifications of the judges of lower courts;
determine the salaries of the President and Vice-President, the
members of the Supreme Court and judges of lower courts; and
impeach the President and members of the Supreme Court
6

3. Checks by the Judiciary the judiciary, in turn, with the Supreme

Court as the final arbiter may declare legislative measures or
executive acts unconstitutional and determine whether or not
there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of Congress or the President
III.

Government of the Philippines in Transition

A. The Pre-Spanish government
1. Unit of government prior to the arrival of the Spaniards, the
Philippines was composed of settlements or villages each called
barangay, named after balangay, a Malayan word meaning,
boat.
2. Datu Each barangay was ruled by a chief called a datu in
some places, and rajah, sultan, or hadji in others. He was its
chief executive, lawgiver, chief judge, and military head.
3. Social classes in the barangay the people of the barangay
were divided into four classes, namely: the nobility
(maharlika), to which the datu belonged, the freemen (timawa),
the serfs (aliping namamahay), and the slaves (aliping
sagigilid)
4. Early laws the written laws were promulgated by the datus.
The two known written codes are the Maragtas Code by Datu
Sumakwel and the Kalantiaw Code by Datu Kalantiaw. The
unwritten laws consisted of customs and traditions which had
been passed down from generation to generation
5. Comparison with other ancient governments it can be said
that the laws of the barangay were generally fair. The system of
government although defective was not so bad considering the
conditions in other lands in the age during which it flourished.

B. Government during the Spanish Period

1. Spains title to the Philippines it was based on the discovery
made by Ferdinand Magellan, consummated by its conquest by
Miguel Lopez de Legazpi forty-five years later and long
possession for almost four centuries, until it was terminated,
7

2.

3.

4.

5.

6.

when by the Treaty of Paris, the Philippines was ceded by Spain

to the United States
Spanish colonial government the Philippines was indirectly
governed by Spain from Mexico. When Mexico obtained her
independence, the Philippines was ruled directly from Spain.
The council in Spain responsible for the administration of the
Philippines was the Council of the Indies. It was abolished and
legislation for the Philippines was temporarily performed by the
Council of Ministers. The Ministry of Ultramar exercised
general powers of supervision over Philippine affairs.
Government in the Philippines unitary the government that
Spain established in the Philippines was centralized in structure
and national in scope. The barangays were consolidated into
towns (pueblos) each headed by a gobernadorcillo (little
governor), popularly called capitan, and the towns into
provinces, each headed by a governor who represented the
Governor-General in the province
The Governor-General the powers of the government was
actually exercised by the Governor-General who resided in
Manila. He was Governor-General, Captain-General, and
vice-royal patron. As Governor-General, he had executive,
administrative, legislative, and judicial powers. As CaptainGeneral, he was Commander-in-Chief of all the Armed Forces
in the Philippines. As the vice-royal patron, he exercised certain
religious powers.
The Judiciary the Royal Audiencia was the Supreme Court of
the Philippines during the Spanish times. Its decision was final
except in certain cases of great importance, which could be
appealed to the King of Spain. It also performed functions of
executive and legislative nature.
Evaluation of the Spanish Government in the Philippines
a. The Spanish rule, when viewed in a broader light of global
colonization, was generally mild and humane.
b. It brought about the unification of the Filipino people
c. Spain uplifted the Filipinos from the depth of primitive
culture and paganism and gave them the blessings of
Christianity and European civilization

C. Governments during the Revolutionary Era

1. The Katipunan government it was organized by Andres

Bonifacio, who, together with a group of other Filipino patriots,
signed the covenant of the Katipunan with their own blood. The
Katipunan was the first clear break from Spanish rule with the
ultimate goal to establish a free and sovereign Philippines
2. The Biak-na-Bato Republic established by Gen. Emilio
Aguinaldo, it declared that the aim of the revolutions was the
separation of the Philippines from the Spanish monarchy and
their formation into an independent state.
3. The Dictatorial government the most important achievements
of the Dictatorial government were the Proclamation of
Philippine Independence at Kawit, Cavite on June 12, 1898 and
the reorganization of local governments
4. The Revolutionary government Gen. Aguinaldo established
the revolutionary government replacing the dictatorial
government with himself as President and a Congress whose
function was advisory and ministerial. Its aims were to
struggle for Philippine independence, until all nations including
Spain will expressly recognize it, and to prepare the country
for the establishment of a real Republic
5. The First Philippine Republic the Malolos Congress ratified
on Sept. 29, 1898 the proclamation of Philippine independence
made by Gen. Emilio Aguinaldo in Kawit, Cavite on June 12,
1898 and framed the so-called Malolos Constitution. This was
the first ever-democratic Constitution promulgated in the whole
of Asia. The Republic was short-lived, its independence cut
short by the superior might of a new colonial power, the United
States of America
D. Governments during the American Regime
1. The Military government the existence of war gave the
President of the United States the power to establish a Military
government in the Philippines, as Commander-in-Chief of all
Armed Forces of the United States of America
2. The Civil government pursuant to the so-called Spooner
Amendment which ended the military regime in the Philippines,
the Civil government was inaugurated in Manila on July 4,
1901, headed by a Civil Governor whose position was created
on October 29, 1901
9

3. The Commonwealth government of the Philippines the next

stage in the political development of the Filipinos was the
establishment of the Commonwealth government of the
Philippines pursuant to an act of the United States Congress on
March 24, 1934, commonly known as the Tydings-McDuffie
Law
E. Governments during the Japanese occupation
1. The Japanese Military Administration established in Manila
one day after its occupation, under a proclamation issued by the
Japanese High Command, the sovereignty of the United States
over the Philippines was declared terminated
2. The Philippine Executive Commission a civil government
known as the Philippine Executive Commission composed of
Filipinos with Jorge B. Vargas as chairman, was organized by
the military forces of occupation. The commission exercised
both the executive and legislative powers
3. The Japanese-sponsored Republic of the Philippines the socalled Japanese-sponsored Republic of the Philippines was
inaugurated with Jose P. Laurel as President. It was of the same
character as the Philippine Executive Commission
F. The Provisional Government of 1986
1. on the last day of the EDSA people-power revolution that
culminated in the ouster of Pres. Ferdinand Marcos, Corazon
Aquino read Proclamation No. 1 wherein she declared that she
and her Vice-President were taking power in the name and by
the will of the Filipino people on the basis of the clear
sovereign will of the people expressed in the election of Feb. 7,
1986
IV.

Constitutionalism in General
A. Definition, classification, nature and purpose of the constitution
1. Meaning of Constitution
a. In its broad sense, the term constitution refers to that body
of rules and principles in accordance with which the powers
10

of sovereignty are regularly exercised and covers both

written and unwritten constitutions.
b. It may be defined as that written instrument by which the
fundamental powers of the government are established,
limited, and defined and by which these powers are
distributed among the several departments or branches for
their safe and useful exercise for the benefit of the people
B. Nature and Purpose or Function of the Constitution
1. Serves as the supreme or fundamental law
The charter creating the government
Has the status of a supreme or fundamental law
It is binding on all individual citizens and organs of the
government
It is the law to which all other laws must conform
It is the test of the legality of all governmental actions
2. establishes basic framework and underlying principles of
government
to prescribe the permanent framework of the system of
government and to assign to the different departments or
branches
primarily designed to preserve and protect the rights of
individuals against the arbitrary actions of those in authority
its function is not to legislate in detail but to set the limits on
the otherwise unlimited power of the legislature
C. Meaning of Constitutional Law
Constitutional Law may be defined as that branch of public law,
which treats of constitutions, their nature, formation, amendment,
and interpretation.
D. Kinds of Constitution
1. as to their origin and history:
Conventional or enacted one which is enacted by a
constituent assembly or granted by a monarch to his subjects

11

 Cumulative or evolved one which is a product of growth or

a long period of development originating in customs,
traditions, judicial decisions, etc., rather than from a
deliberate and formal enactment
2. as to their form:
Written one which has been given definite written form at
a particular time, usually by a specifically constituted
authority called a constitutional convention
Unwritten one which is entirely the product of political
evolution, consisting largely of a mass of customs, usage
and judicial decisions together with a smaller body of
statutory enactment of a fundamental character, usually
bearing different dates
3. as to manner of amending them
Rigid or inelastic one regarded as a document of special
sanctity which cannot be amended or altered except by some
special machinery more cumbrous than the ordinary
legislative process
Flexible or elastic one which possesses no higher legal
authority than ordinary laws and which may be altered in the
same way as other laws
E. Constitution distinguished from statute
A constitution is a legislation direct from the people, while a
statute is a legislation from the peoples representatives
A constitution merely states the general framework of the law
and the government, while a statute provides the details of the
subject of which it treats
A constitution is intended not merely to meet existing
conditions but to govern the future, while a statute is intended
primarily to meet existing conditions only
A constitution is the supreme or fundamental law of the State to
which statutes and all other laws must conform
F. Genesis of Philippine constitution
1. 1935 Constitution
a. Framing and ratification
12

b.

c.

d.
e.

Approval on March 24, 1934 by President Franklin D.

Roosevelt of the Tydings-McDuffie Law, otherwise
known as the Philippine Independence Act
Approval on May 5, 1934 by the Philippine Legislature
of a bill calling a constitutional convention as provided
for in the Independence Law
Approved on February 8, 1935 by the convention by a
vote of 177 to 1 of the Constitution
Approved on March 23, 1935 by Pres. Roosevelt of the
Constitution as submitted to him, together with a
certification that the said constitution conformed with the
provisions of the Independence Law
Ratification on May 14, 1935 of the Constitution by the
Filipino electorate by a vote of 1, 213, 046, with 44, 963
against
Limitations and conditions aside from other specific
limitations and conditions laid down therein, it enjoined that
the constitution to be drafted should be republican in form,
should include a bill of rights and should contain certain
provisions intended to define the relations between the
Philippines and the United States during the commonwealth
period and after the establishment of the Philippine Republic
Sources while the dominating influence was the
Constitution of the United States, other sources were also
consulted by the framers, particularly the Malolos
Constitution and the three organic laws that were enforced in
the Philippines before the passage of the Tydings-McDuffiie
Law
Scope the Constitution as approved by the 1935
Constitutional Convention was intended both for the
Commonwealth and the Republic
Amendments
That establishing a bicameral legislature
That allowing the re-eligibility of the President and the
Vice-President for a second four-year term of office
That creating a separate Commission on Elections
The so-called Parity Amendment which gave to
American citizens equal right with the Filipinos in the
exploitation of our natural resources
13

2. 1973 Constitution
a. Framing
Congress in joint session, passed Resolution of Both
Houses No. 2, authorizing the holding of a constitutional
convention in 1971
The 1935 Constitution, with reference to the Malolos
Constitution, was made the basis for the drafting of
amendments to the new Constitution
b. Approval by Citizens Assemblies
Presidential Decree No. 86 was issued, creating a
Citizens Assembly in each barrio in municipalities and in
each district in chartered cities throughout the country
The barangays were to conduct a referendum on national
issues
c. Ratification by Presidential proclamation the President of
the Philippines, through the Proclamation No. 1102 on
January 17, 1973, and certified and proclaimed that the
Constitution proposed by the 1971 Constitutional
Convention had been ratified by the Filipino people and had
thereby come into effect
d. Amendments
That making the then incumbent President, the regular
President and regular Prime Minister
That granting concurrent law-making powers to the
President which the latter exercised even after the lifting
of martial law in 1981
That establishing a modified parliamentary form of
government
That permitting natural-born citizens who have lost their
citizenship to be transferees of private land, for use by
them as residence
That allowing the grant of lands of the public domain
to qualified citizens
That providing for urban land reform and social housing
program
3. 1987 Constitution
a. Framing and ratification
The President promulgated the Law Governing the
Constitutional Commission of 1986, to organize the
14

Constitutional Commission, to provide for the details of

its operation and establish the procedure for the
ratification or rejection of the proposed new
Constitution.
With the Malolos Constitution, the 1935 Constitution,
and the 1973 Constitution as working drafts, the
Commission, in addition to committee discussions,
public hearings, and plenary sessions, conducted public
consultations in different parts of the country
The proposed new Constitution was approved by the
Constitutional Commission, culminating 133 days of
work, by a vote of 44-2
The Constitutional Commission held its final session to
sign the 109-page draft after which, on the same day, it
presented to the President the original copies in English
and Filipino
b. Merits and demerits of an appointive framing body
The Constitutional Commission was not as expensive and
time-consuming, as was our experience with the 1971
Constitutional Convention and it was thus practical
because the country could not then afford the cost of
electing delegates because of lack of funds
An appointive body is susceptible to the charge of lack of
independence and the suspicion of pressure and even
manipulation by the appointing power
c. Need to cure defect in the Constitution it is absolutely
necessary that the Constitution be initially drafted by duly
elected members of a representative constituent assembly or
convention and later on approved by the people in a
plebiscite. The theory is posited that having it amended by
elected delegates and having constitutional amendments
ratified under the democratic government, we will have now
cured any defect in its formulation and ratification
V.

1987 Philippine Constitution

A. Preamble and its significance

15

We, the sovereign Filipino people, imploring the aid of Almighty

God, in order to build a just and humane society and establish a
government that shall embody our ideals and aspirations, promote
the common good, conserve and develop our patrimony, and
secure to ourselves and our posterity the blessings of independence
and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this
Constitution.
1. Object and value of the Preamble
a. Sets down origin and purposes of the Constitution the
Preamble, which is couched in general terms, provides the
broad outline of, and the spirit behind, the Constitution
It tells us who are the authors of the Constitution and for
whom it has been promulgated
It states the general purposes which are intended to be
achieved by the Constitution and the government
established under it, and certain basic principles
underlying the fundamental charter
b. May serve as an aid in its interpretation the statement of
the general purposes may be resorted to as an aid in
determining the meaning of vague or ambiguous provisions
of the Constitution proper
B. National territory and declaration of principles and state policies
1. National Territory of the Philippines
a. the Philippine archipelago with all the islands and waters
embraced therein
b. all other territories over which the Philippines has
sovereignty or jurisdiction
c. the terrestrial, fluvial and aerial domains including the
territorial sea, the seabed, the subsoil, the insular shelves,
and other submarine areas thereof
d. the internal waters
2. Sabah and Spratly Islands issue the phrase all other
territories belonging to the Philippines by historic right or legal
title in the former provision was amended. The phrase
acquired a definite meaning in the 1973 Constitution as a coverall for pending Philippine claim to Sabah (formerly North
16

Borneo) against Malaysia and the possible claim to the socalled Freedomland (a group of islands known as Spratly
islands in the South China Sea) and the Marianas Islands,
including Guam (which according to historical documents were
under the control of the civil and ecclesiastical authorities in the
Philippines during the Spanish regime), or any other territory
over which the Philippines may in the future find it has a right
to claim
3. Manifestations of Republicanism
The existence of a bill of rights
The observance of the rule of the majority
The observance of the principle that ours is a government of
laws, and not of men
The presence of elections through popular will
The observance of the principle of separation of powers and
the system of checks and balances
The observance of the principle that the legislature cannot
pass irrepealable laws
The observance of the law on public officers
The observance of the principle that the State cannot be sued
without its consent
4. State Policies
a. Foreign policy of the Philippines (Sec. 7)
An instrument of domestic policy it is the sole weapon
of a State for the promotion of national interest in
international affairs
Pursuit of an independent foreign policy the
Constitution mandates the State to pursue an independent
foreign policy, aware of the unwelcome consequences of
a policy characterized by excessive dependence on
another country
Paramount consideration the Constitution recognizes
that in the pursuit of an independent foreign policy in an
interdependent world, new realities and new situations
may require the Philippines to make a reappraisal of the
conduct of its foreign relations
b. Freedom from nuclear weapons policy (Sec. 8)
As subject to exception if the national interest so
dictates, the storing of nuclear weapons in our territory
17

may be permitted at least on a transitory basis,

considering that it was not prohibited under the then
existing military bases agreement with the United States
whose validity and term of effectivity until 1991 are
implicitly recognized by the Constitution
As an absolute ban the Constitution itself bans nuclear
weapons as a policy and precisely emphasizes that such
policy is consistent with the national interest
c. Just and dynamic social order (Sec. 9)
Policies necessary to be pursued the State shall
promote a just and dynamic social order
Solving the problem of mass poverty such a society
must insure the prosperity and independence of the
nation and free the people from poverty
d. Role of the youth in nation-building (Sec. 13)
Todays youth, more knowledgeable and intelligent
compared to previous generations, todays younger
citizenry are better educated and far more well-informed
and articulate and politically conscious
Duty of the State recognizing the youths vital role in
shaping the countrys destiny, the Constitution lends its
support to the promotion of their welfare
Todays youth, tomorrows leaders by harnessing their
enterprising spirit and progressive idealism, young
people can become effective players in our collective
effort to build a modern Philippines and, properly trained
and guided, will in time assume with dignity and honor
the places of their elders in the high councils of the
nation
e. Role of women in nation-building (sec. 14)
Proven capabilities of Filipino women Filipino women,
past and present, have proven their capabilities in all
fields of human endeavor, even in positions of
international leadership such as in the United Nations and
other international organizations
Expansion of womens role the Constitution gives
recognition to the role women have played and continue
to play in the task of nation-building

18

 Equality with men before the law it is the duty of the

State to ensure that equality before the law in all aspects
of national life by rectifying or ending all practices and
systems
C. Bill of Rights
1. Classes of rights
a. Natural Rights rights possessed by every citizen
without being granted by the State for they are given to
man by God
b. Constitutional Rights rights which are conferred and
protected by the Constitution
c. Statutory Rights rights which are provided by laws
promulgated by the law-making body and, consequently,
may be abolished by the same body
2. Classification of Constitutional Rights
a. Political Rights rights of the citizens which give them
the power to participate, directly or indirectly, in the
establishment or administration of the government
b. Civil Rights rights which the law will enforce at the
instance of private individuals for the purpose of securing
to them the enjoyment of their means of happiness
c. Social, Economic, and Cultural Rights rights which are
intended to ensure the well-being and economic security
of the individual
d. Rights of the Accused (civil) rights intended for the
protection of a person accused by any crime, like the
right to presumption of innocence, the right to a speedy,
impartial, and public trial, and the right against cruel,
degrading, or inhuman punishment
3. Article 3, Sections 1 22
a. due process and equal protection of laws (Sec. 1)
b. search warrant and warrant of arrest (Sec. 2)
c. right of privacy and communication (Sec. 3)
d. freedom of speech, expression, petition, press, and
assembly (Sec. 4)
e. religious freedom (Sec. 5)
f. liberty of abode and travel (Sec. 6)
g. right to public information (Sec. 7)
19

h. freedom and right to form organizations, unions, and

associations (Sec. 8)
i. no private property shall be taken for public use without
just compensation (Sec. 9)
j. no law shall be passed impairing the obligation of
contract (Sec. 10)
k. free access to courts, quasi-judicial, and administrative
bodies, especially to poor life (Sec. 11)
l. right of a person under investigation (Sec. 12)
m. right to bail (Sec. 13)
n. right to due process in criminal cases (Sec. 14)
o. suspension of the privilege of the writ of habeas corpus
(Sec. 15)
p. speedy disposition of cases (Sec. 16)
q. right against self-incrimination (Sec. 17)
r. right against involuntary service / no person shall be
imprisoned for his political beliefs and aspirations (Sec.
18)
s. no excessive fines shall be imposed (Sec. 19)
t. mo person shall be imprisoned for non-payment of debt
and poll tax (Sec. 20)
u. right against double-jeopardy (Sec. 21)
v. no ex-post-facto law and bill of attainder shall be
passed (Sec .22)

D. Citizenship and Suffrage / duties and obligations of good citizens

Citizenship a term denoting a 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
Citizen a person having the title of citizenship
Alien a citizen of a country residing in or passing through another
country

20

Naturalization the act of formally adopting a foreigner into the

political body of the State and clothing him with the rights and
privileges of citizenship
Repatriation is effected by merely taking the necessary oath of
allegiance to the Republic of the Philippines and registering the
same in the proper civil registry
Suffrage the right and obligation to vote of qualified citizens in
the election of certain national and local officers of the government
and in the decision of public questions submitted to the people
1. General ways of acquiring citizenship
a. Involuntary method by birth, because of blood
relationship or place of birth
b. Voluntary method by naturalization, except in case of
collective naturalization of the inhabitants of the territory
which takes place when it is ceded by one state to another
as a result of a conquest or treaty
2. Citizens by birth
a. Jus Sanguinis blood relationship is the basis for the
acquisition of citizenship under this rule
b. Jus Soli or Jus loci place of birth serves as the basis for
acquiring citizenship under this rule
3. Ways of acquiring citizenship by naturalization
a. By judgment of the court the foreigner who wants to
become a Filipino citizen must apply for naturalization
with the proper regional trial court
b. By direct act of Congress in this case, our law-making
body simply enacts an act directly conferring citizenship
on a foreigner
4. Kinds of citizens under the Constitution
a. Natural born citizens refer 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
b. Citizens at the time of the adoption of the new
Constitution those who are considered citizens of the
Philippines under the 1973 Constitution

21

c. Citizens through election those born of Filipino

mothers before January 17, 1973 who, upon reaching the
age of majority, elect Philippine citizenship after the
ratification of the 1973 Constitution pursuant to the
provisions of the 1935 Constitution
d. Naturalized citizens those who were originally citizens
of another country, but who, by an intervening act, have
acquired new citizenship in a different country
5. Loss of Citizenship
a. Voluntarily they are by naturalization in a foreign
country; by express renunciation of citizenship; by
subscribing to an oath of allegiance to support the
Constitution of a foreign country; and by rendering
service to, or accepting commission in the Armed Forces
of a foreign country
b. Involuntarily they are by cancellation of his certificate
of naturalization by the court; by having been declared by
competent authority, a deserter in the Philippine Armed
Forces in time of war
6. Reacquisition of lost Philippine citizenship
a. By Naturalization, provided the applicant possesses none
of the disqualifications provided in the Naturalization law
b. By repatriation of deserters of the Philippine Armed
Forces and women who lost their citizenship by reason of
marriage to an alien, after the termination of their marital
status
c. By direct act of Congress of the Philippines
7. Duties and obligations of citizens
a. To be loyal to the Republic
b. To defend the State
c. To contribute to the development and welfare of the State
d. To uphold the Constitution and obey the laws
e. To cooperate duly constituted authorities
f. To exercise rights responsibly and with due regard for the
rights of the others
g. To engage in gainful work
h. To register and vote
8. Nature of Suffrage
a. A mere privilege
22

b. A political right
9. Scope of Suffrage
a. Election
b. Plebiscite
c. Referendum
d. Initiative
e. Recall
10.Qualifications of voters
a. Must be a citizen of the Philippines
b. Not otherwise disqualified by law
c. At least 18 years of age
d. Have resided in the Philippines for at least one year in
the place wherein he proposes to vote for at least 6
months preceding the elections
E. Legislative Department
Legislative Power essentially the authority under the
Constitution to make laws and subsequently, when the need arises,
to alter and repeal them
1. Classification of powers of Congress
a. General legislative power power to enact laws intended
as rules of conduct to govern the relationships among
individuals or between the individuals and the State
b. Specific power powers which the Constitution
expressly directs or authorizes contest to exercise the
power
c. Implied power those essential or necessary to the
effective exercise of the powers expressly granted
d. Inherent power powers which are possessed and
exercised by every government because they exist as an
attribute of sovereignty
2. Qualifications of Members of Congress
a. Senate
A natural-born citizen of the Philippines
At least 35 years of age on the day of the election
Able to read and write
A registered voter

23

 A resident of the Philippines for not less than 2

years immediately preceding the day of the
election
b. House of the Representatives
A natural-born citizen of the Philippines
At least 25 years of age on the day of the election
Able to read and write
Except for a party-list representative, a registered
voter in the district in which they shall be elected
A resident thereof for a period of not less than 1
year preceding the day of the election
3. When bill may become a law
a. When the president approves the bill by signing it
b. When he vetoes the bill and returns the same with his
objections to the House where it originated, and the same
is re-passed over his veto by a vote of 2/3 of all the
members of both Houses
c. If the president does not communicate his veto of any
billing to the House where it originated within 30 days
after the date of receipt thereof, in which case it shall
become a law as if he had signed it
4. Privileges and immunities of members of Congress
Freedom from arrest of members of Congress
every member of Congress is entitled to the
privilege from arrest while Congress is in session,
whether or not he is attending session
Freedom from being questioned for speech and
debate this privilege is secured not to protect the
members against prosecution, but for the benefit of
the people, by enabling their representatives to
discharge the functions of their office without fear
of prosecution, civil or criminal
F. Executive Department

24

Executive Power the power to administer the laws, which means

carrying them into practical operation and enforcing their due
observance
1. Qualifications of the President and Vice-President
a. He is a natural-born citizen of the Philippines
b. He is a registered voter
c. He is able to read and write
d. He is at least 40 years of age on the day of the election
(not proclamation or assumption of office) for President
e. He is a resident of the Philippines for at least 10 years
immediately preceding such election
2. Election of the President and Vice-President
a. System of direct voting the Constitution retains the
system of direct popular election of the President despite
criticism for abetting massive vote buying and other
undesirable practices
b. Election by Congress in case of a tie the President shall
be chosen for the term fixed in the Constitution by a vote
of a majority of all the members of Congress in session
assembled
3. Powers of the President
a. Appointing the act of designation by the executive
officer, board, or body to whom the power has been
delegated, of the individual who is to exercise the
functions of a given office
i. Kinds of Presidential appointments
Regular appointments those made during
the sessions of Congress
Ad interim appointments those made during
a recess of Congress
ii. Steps in appointing process
Appointment the act of the appointing
power. It may include the issuance by the
President of the commission, which is the
written evidence of the appointment
Acceptance the act of the appointee. He may
or may not accept the appointment. But
acceptance thereof is necessary to enable him

25

to have full possession, enjoyment, and

responsibility of an office. It is not, however,
necessary to the legality of the appointment
iii. Kinds of acceptance
Express when done verbally or in writing
Implied without formal acceptance, the
appointee enters upon the exercise of the
duties and functions of an office
b. Removal the ouster of an incumbent before the
expiration of his term
i. Extent of the Presidents power to remove
With respect to officers exercising purely
executive functions whose tenure is not fixed
by law, the President may remove them with
or without cause and Congress may not
restrict such power
With respect to officers exercising quasilegislative or quasi-judicial functions, they
may be removed only on grounds provided by
law to protect their independence in the
discharge of their duties
With respect to constitutional officers
removable only by means of impeachment,
and judges of lower courts, they are not
subject to the removal power of the President
With respect to civil service officers, the
President may remove them only for cause as
provided by law
c. Power of control over all executive departments,
bureaus, and offices as administrative head, the duty of
the President is to see to it that every department, bureau
and office under the executive branch is managed and
maintained properly by the person in charger of it in
accordance with pertinent laws and regulations
i. Factors that contribute to the effective hold and
control of the President
Power of appointment with which he may
choose men and women of competence and
confidence

26

 Power of removal with which he may weed

out incapable and dishonest officials
ii. Nature and extent of the power
Over cabinet members power is in line with
the concept of Cabinet members serving as
alter egos of the President
Over other subordinate officers power of
the President over all executive department,
bureaus, and offices is not just over the heads
thereof but extends to all other subordinate
officers
Over officers and employees in the career
service has no authority to directly
investigate and thereafter remove even for
cause, an officer or employee who belongs to
the career service
d. Power to insure that laws be faithfully executed the
function of the President to see that laws are faithfully
executed is more of a duty than a power, to be discharged
by him personally and through subordinates under his
control or supervision
e. Military power of the President
i. Powers to meet emergency situations
To call out the armed forces
To suspend the privilege of the writ of habeas
corpus
To declare martial law
ii. Commander-in-Chief of the Armed Forces he is
authorized, whenever it is necessary, to call out
such armed forces to prevent or suppress lawless
violence, invasion, or rebellion
f. Pardoning power power to grant pardon and other acts
of clemency to violators of the law is traditionally vested
in the Chief Executive of the nation. The pardoning
power extends to all offenses, including criminal
contempt. It does not give the President the power to
exempt, except from punishment, anyone from the law
i. Kinds of pardon

27

 Absolute when it is not subject to any

condition whatsoever. It becomes effective
when made
Conditional when it is given subject to any
condition or qualification the President may
see fit. It must be accepted by the offender to
become effective
g. Authority to contract and guarantee foreign loans
i. Exclusive executive function the President may
contract foreign loans on behalf of the Republic of
the Philippines without the need of prior
congressional approval
ii. Concurrence of Monetary Board required the
contract or guarantee must be with the prior
concurrence of the Monetary Board of the Central
Bank which is required to make a report to
Congress containing the matters mentioned
G. Judicial Department
Judicial Power the power to apply the laws to contests or
disputes concerning legally recognized rights or duties between the
State and private persons, or between individual litigants in cases
properly brought before judicial tribunals
Judicial Review the power of courts, ultimately of the Supreme
Court, to interpret the Constitution and to declare any legislative or
executive act invalid because it is in conflict with the fundamental
law

1. Qualifications for members of the Supreme Court and any lower

court
a. Must be a natural-born citizen of the Philippines
b. Must be at least 40 years old
c. Must have, for 15 years or more, been a judge of a lower
court or engaged in the practice of law in the Philippines
d. Must be a person of proven competence, integrity,
probity, and independence
28

2. Organization of courts
a. Regular courts
i. Court of Appeals (now with 69 Justices headed
by a Presiding Justice) operates in 23 divisions
each comprising 3 members. The Court sits en
banc only to exercise administrative, ceremonial,
or other non-judiciary functions
ii. Regional Trial Court presided by 720 Regional
Trial Judges in each of the 13 regions of the
country
iii. Metropolitan Trial Court in each metropolitan
area established by law; a Municipal Trial Court in
every city not forming part of a metropolitan area
and in each of the municipalities not comprised
within a metropolitan area and a municipal circuit;
and a Municipal Circuit Trial Court in each area
defined as a municipal circuit comprising one or
more cities and/or one or more municipalities
grouped together according to law
b. Special Courts
i. The Sandiganbayan (now with 15 justices
headed by a Presiding Justice) operates in 5
divisions each comprising 3 members
ii. The Court of Tax Appeals (with 3 judges headed
by a Presiding Judge) which has exclusive
appellate jurisdiction to review on appeal decisions
of the Commissioner of Internal Revenue
involving internal revenue taxes and decisions of
the Commissioner of Customs involving customs
duties
3. Importance of the judiciary
a. Confidence in the certain and even administration of
justice
b. Preservation of the government
c. Respect for law and order
4. Independence of the judiciary
a. Congress may not deprive the Supreme Court of the
constitutional powers granted to it

29

b. Congress cannot prescribe the manner in which the

Supreme Court should sit, and determine the number of
Justices composing the court
c. The Supreme Court is given the authority to appoint all
officers and employees of the judiciary
d. The members of the Supreme Court and judges of the
lower courts enjoy security of tenure
e. Their salaries cannot be decreased during their
continuance in office
f. The members of the Supreme Court can only be removed
through the difficult process of impeachment
g. The judiciary enjoys fiscal autonomy
5. Jurisdiction of Courts
a. General when it is empowered to decide all disputes
which may come before it except those assigned to other
courts
b. Limited when it has authority to hear and determine
only a few specified cases
c. Original when it can try and decide a case presented for
the first time
d. Appellate when it can take a case already heard and
decided by a lower court removed from the latter by
appeal
e. Exclusive when it can try and decide a case which
cannot be presented before any court
f. Concurrent when any one of two or more courts may
take cognizance of a case
g. Criminal that which exists for the punishment of crime
h. Civil that which exists when the subject matter is not of
a criminal nature
H. Constitutional Commissions
Civil Service means that professionalized body of men and
women who have made of the government service a lifetime
career. It has also been used to refer to that portion of the public
service that is governed by the merit principle in the selection of
officers and employees.
1. Commission on Elections
30

a. Powers and functions

To enforce laws relative to the conduct of elections, etc.
To decide election contests
To decide all questions affecting elections
To deputize law enforcement agencies
To register political parties, etc. and accredit citizens
arms
To file petitions, investigate, and prosecute
To recommend measures
To recommend removal or disciplinary action
To submit report
To perform other functions
To exercise supervision and control over national
and local officials required by law to perform
duties relative to the conduct of elections
To promulgate rules and regulations implementing
the provisions of the Election Code
To enforce and execute its decisions, orders and
instructions
To carry out a continuing campaign to educate and
inform the public on election matters, and the
necessity for clean, free, orderly, and honest
elections
3. Commission on Audit
a. Powers and functions
To examine, audit, and settle accounts
The revenue and receipts of the government or any
of its subdivisions, agencies or instrumentalities,
including on a post-audit basis the 4 classes of
entities mentioned
All expenditures or uses of funds and property
owned or held in trust by, or pertaining to the
government, etc.
To act as central accounting office of the government
To define the scope of its audit and examination, etc.
To promulgate accounting and auditing rules and
regulations

31

 To submit an annual financial report and recommend

measures
To perform other duties and functions
4. Civil Service Commission
a. Reasons for creation of the Commission
The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the government,
including government-owned or controlled corporations
with original charters
Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as
practicable, and, except to positions which are policydetermining, primarily confidential, or highly-technical,
by competitive examination
No officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign
The right to self-organization shall not be denied to
government employees
Temporary employees of the government shall be given
such protection as may be provided by law
Reference: Textbook on the PHILIPPINE CONSTITUTION by Hector
S. de Leon
(2005Edition)
PROFESSOR RONALDO S. PANTE

CONSTITUTION
ARTICLE III BILL OF RIGHTS
1. It is the set of prescriptions setting forth the fundamental civil and
political rights of the individual and imposing limitations on the
powers of government as a means of securing the enjoyment of those
rights.

32

a. Bill of Rights
b. Natural Rights

c. Constitutional Rights
d. Statutory Rights

2. These are the rights that are inherent and inalienable; pertaining to all
human persons and given to him by his Creator.
a. Bill of Rights
c. Constitutional Rights
b. Natural Rights
d. Statutory Rights
3. These are the rights conferred upon the individual by the Constitution
and guaranteed by the same.
a. Bill of Rights
c. Constitutional Rights
b. Natural Rights
d. Statutory Rights
4. These are the rights given by laws passed by the legislature.
a. Bill of Rights
c. Constitutional Rights
b. Natural Rights
d. Statutory Rights
5. These are the rights of a citizen as regards his participation in the
administration of the government.
a. Political Rights
c. Constitutional Rights
b. Civil Rights
d. Statutory Rights
6. These are other rights to secure for the individual his means of
securing his happiness. These would include his social and economic
rights as well as the rights of the accused.
a. Political Rights
c. Constitutional Rights
b. Civil Rights
d. Statutory Rights
7. The chief elements of the guaranty to liberty are the right to contract,
the right to choose ones employment, the right to labor, and the right
of locomotion.
a. Political Rights
c. Liberty
b. Civil Rights
d. Statutory Rights
8. This refers to the method or manner by which the law is enforced. Its
basic elements are notice, opportunity to be heard, and jurisdiction.
a. Political Rights
c. Liberty
b. Civil Rights
d. Procedural Due Process

33

9. Pre-existing contracts can yield to the reasonable exercise of police

power especially with reference to the promotion of social justice.
a. Police Power
c. Liberty
b. Civil Rights
d. Statutory Rights
10.The guarantee against impairment of contract will not serve as a
limitation to the power of the government to impose taxes.
a. Political Rights
c. Liberty
b. Power of Taxation
d. Procedural Due Process
11.It is the security given for the release of a person in custody of the
law, furnished by him or a bondsman, conditioned upon his
appearance before any court as required under the conditions
hereinafter specified.
a. Political Rights
c. Bail
b. Civil Rights
d. Procedural Due Process
12.It is an obligation of record, entered into before some court or
magistrate duly authorized to take it, with the condition to do some
particular act, the most usual condition in criminal cases being the
appearance of the accused for trial.
a. Political Rights
c. Liberty
b. Civil Rights
d. Recognizance
13.Bail becomes a matter of this upon conviction by the Regional Trial
Court of an offense not punishable by death, reclusion perpetua or life
imprisonment.
a. Discretion
c. Liberty
b. Civil Rights
d. Recognizance
14.It restores the liberty of an individual subject to physical restraint.
a. Political Rights
c. Liberty
b. Habeas Corpus
d. Recognizance
15.It is the state of involuntary or compulsory subjections of a person to a
master.
a. Political Rights
c. Servitude
b. Habeas Corpus
d. Recognizance
16.It is the state of entire subjection of one person to the will of another.
34

a. Political Rights
b. Habeas Corpus

c. Liberty
d. Slavery

17.It is the voluntary submission of a person to the will of another

because of his debt.
a. Peonage
c. Liberty
b. Habeas Corpus
d. Recognizance
18.It is always based on merits, that is, the accused is acquitted because
the evidence does not show his guilt beyond reasonable doubt.
a. Political Rights
c. Liberty
b. Acquittal
d. Recognizance
19.It exists from the moment that accused has pleaded to the charge, the
disposition of his case thereafter being merely the consequence of the
former as to constitute a bar to another prosecution.
a. Political Rights
c. Legal jeopardy
b. Habeas Corpus
d. Recognizance
20.An ex post facto law has these characteristics, except:
a. It is penal
c. It is prejudicial to the
accused
b. It is retroactive
d. It is prejudicial to the victim
21.It is a legislative act that inflicts punishment without trial.
a. Bill of Attainder
c. Liberty
b. Habeas Corpus
d. Recognizance
22.It is a kind of immunity where the person whose testimony or
documents is compelled is immune criminal prosecution for an
offense to which his compelled testimony relates.
a. Bill of Attainder
c. Liberty
b. Transactional
d. Recognizance
23.It is a kind of immunity which renders the witness compelled
testimony immune from being used in any manner as regards the
criminal prosecution of the witness.
a. Bill of Attainder
c. Use and fruit
b. Habeas Corpus
d. Recognizance

35

24.In this kind of prosecution, the accused may refuse to take the witness
stand based on this right against self-incrimination.
a. Bill of Attainder
c. Liberty
b. Habeas Corpus
d. Criminal
25.This refers to anything that diminishes the efficacy of a contract.
a. Bill of Attainder
c. Liberty
b. Impairment
d. Recognizance

I.

Preliminary Concept

A.

Definition and Importance

1.
Politics
From historic viewpoint, the term politics came from the Greek word,
polis or city state. Aristotle in famous book: the politics made the
observation that every, polis, or city state is a kind pf association and that
man by nature and that man by nature is a political animal from this view,
it can be deduced that this relationship may be called rule, authority, or
power.
2.
Political Science
The systematic study of politics or political scientist may serve as an adviser
to the political practitioner. The political practitioner is a politician. But of
course, the same person may at the same time be a political scientist and a
politician.
3.
Governance
Government is a distinct branch of study, dealing with government set up of
the state on both rational and local levels.
C.
State
The state is a community of persons more or less numerous occupying, a
definite government to which the greater body of inhabitants rends habitual
obedience.
D.

Forms of Government
36

1. Unitary and Federal

a.
Unitary
A unitary government concentrates governmental power is one organ, the
central or national government to which the constituent or local government
units owe their existence and from which they device their powers and
functions.

b.
Federal
A federal government is one in which government is one in which
governmental powers are divided between the central government and its
local government unit as specified in the constitution.

2. Monarchy and aristocracy

a) Monarchy
Is a form of government where the ruler is a monarch who comes from a
royal family.
b) Aristocracy
Is defined from Greek etymology, aristo which means best and kratia or
kratos, rule. In essence, therefore, aristocracy is a government by the
best member of the community.
3. De jure and De facto
a)
De jure
A state is de jure from the viewpoint of recognizing states.
b)
De facto
Status of the first republic, which was established upon the proclamation of
independence on June 12, 1898, is a very good example in support the above
principle.
37

4. Parliamentary and Presidential

c)
Parliamentary
Under this form of government, the executive power belongs to the Prime
Minister and his cabinet members.
d)
Presidential
Student of political systems should be families with the presidential form of
government as compared to the parliamentary system.
5.
Military
Administration of occupied territory by an occupying power, including the
exercise of executive, legislative, and judicial authority. In international law,
territory is considered occupied when it is actually under the authority of
hostile armed forces. The necessity for military government arises from the
failure or inability of the legitimate government

B.
Political ideologies and Political Philosophers and their contributions
to politics.
A.
1.

Political Ideologies
Democracy
government by the people or their elected representatives
a political or social unit governed ultimately by all its members
the practice or spirit of social equality
a social condition of classlessness and equality

2.
Liberalism
Liberalism can be understood as (1) a political tradition (2) a political
philosophy and (3) a general philosophical theory, encompassing a theory of
value, a conception of the person and a moral theory as well as a political
philosophy. As a political tradition liberalism has varied in different
38

countries. In England in many ways the birthplace of liberalism the

liberal tradition in politics has centred on religious toleration, government by
consent, personal and, especially, economic freedom. In France liberalism
has been more closely associated with secularism and democracy. In the
United States liberals often combine a devotion to personal liberty with an
antipathy to capitalism, while the liberalism of Australia tends to be much
more sympathetic to capitalism but often less enthusiastic about civil
liberties. To understand this diversity in political traditions, we need to
examine liberalism as a political theory and as a general philosophy. These
latter two are the concerns of this essay.
3.
Capitalism
It is important to define "Capitalism" correctly because a proper definition is
a prerequisite to a proper defense. Capitalism is the only moral political
system because it is the only system dedicated to the protection of rights,
which is a requirement for human survival and flourishing. This is the only
proper role of a government. Capitalism should be defended vigorously on a
moral basis, not an economic or utilitarian basis.
4.

Socialism
A theory or system of social reform which contemplates complete
reconstruction of society, with a more just andequitable distribution of
property and labor. In popular usage, the term is often employed to indicate
any lawless revolutionary social scheme.
5.

Communism
A scheme of equalizing the social conditions of life;
specifically, a scheme which contemplates the abolition of
inequalities in the possession of property, as by
distributing all wealth equally to all, or by holding all
wealth in common for the equal use and advantage of all.

6.

Anarchy
Absence of government; the state of society where there is
no law or supreme power; a state of lawlessness; political
confusion.

B.

Political Philosophers

39

1.

Socrates

A philosopher of Athens, generally regarded as one of the wisest people of

all time. It is not known who his teachers were, but he seems to have been
acquainted with the doctrines of Parmenides, Heraclitus, and Anaxagoras.
Socrates himself left no writings, and most of our knowledge of him and his
teachings comes from the dialogues of his most famous pupil, Plato, and
from the memoirs of Xenophon. Socrates is described as having neglected
his own affairs, instead spending his time discussing virtue, justice, and
piety wherever his fellow citizens congregated, seeking wisdom about right
conduct so that he might guide the moral and intellectual improvement of
Athens. Using a method now known as the Socratic dialogue, or dialectic, he
drew forth knowledge from his students by pursuing a series of questions
and examining the implications of their answers. Socrates equated virtue
with the knowledge of one's true self, holding that no one knowingly does
wrong. .
2.
Plato
Plato was born to an aristocratic family in Athens. His father, Ariston, was
believed to have descended from the early kings of Athens. As a young man
Plato had political ambitions, but he became disillusioned by the political
leadership in Athens. He eventually became a disciple of Socrates, accepting
his basic philosophy and dialectical style of debate: the pursuit of truth
through questions, answers, and additional questions
Aristotle
Life Upon the death of Philip, Alexander succeeded to the kingship and
prepared for his subsequent conquests. Aristotle's work being finished, he
returned to Athens, which he had not visited since the death of Plato. He
found the Platonic school flourishing under Xenocrates, and Platonism the
dominant philosophy of Athens. He thus set up his own school at a place
called the Lyceum. When teaching at the Lyceum, Aristotle had a habit of
walking about as he discoursed. It was in connection with this that his
followers became known in later years as the peripatetics , meaning "to walk
about." For the next thirteen years he devoted his energies to his teaching
and composing his philosophical treatises. He is said to have given two
kinds of lectures: the more detailed discussions in the morning for an inner
circle of advanced students, and the popular discourses in the evening for the
general body of lovers of knowledge.
3.
John Locke

40

John Locke was an Oxford scholar, medical researcher and physician,

political operative, economist and idealogue for a revolutionary movement,
as well as being one of the great philosophers of the late seventeenth and
early eighteenth century. His monumental Essay Concerning Human
Understanding aims to determine the limits of human understanding. Earlier
writers such as Chillingworth had argued that human understanding was
limited, Locke tries to determine what those limits are. We can, he thinks,
know with certainty that God exists.
Nicholo Machiavelli
For Machiavelli, Florence was the object of his patrioism, and which he tried
to serve with single minded devotion. Unfortunately for him, the days of
Floretine greatness were largely past when he reached maturity. Two years
after the death of Lorenzo de Medici in 1492, the French invaded Italy and
in the ensuring struggles between great powers, . He is the author of The
Prince.
4.
Thomas Hobbes
Hobbes developed a materialist and highly pessimistic philosophy that was
denounced in his own day and later, but has had a continuing influence on
Western political thought. His Leviathan (1651) presents a bleak picture of
human beings in the state of nature, where life is "nasty, brutish, and short."
Fear of violent death is the principal motive that causes people to create a
state by contracting to surrender their natural rights and to submit to the
absolute authority of a sovereign. Although the power of the sovereign
derived originally from the people, Hobbes said-challenging the doctrine of
the divine right of kings-the sovereign's power is absolute and not subject to
review by either subjects or ecclesiastical powers. Hobbes's concept of the
social contract led to investigations by other political theorists, notably
Locke, Spinoza, and Rousseau, who formulated their own radically different
theories of the social contract.
5.
Jean Jacques Rousseau
A member of DIDEROT's circle, he was one of the great figures of the
French ENLIGHTENMENT and probably the most significant of those who
shaped 19th-cent. ROMANTICISM, influencing such figures as KANT,
GOETHE, ROBESPIERRE, TOLSTOY, and the French revolutionists.
Rousseau's most celebrated theory was that of the "natural man." In his
Discourse on the Inequalities of Men (1754) and Social Contract (1762) he
maintained that human beings were essentially good and equal in the state of
nature but were corrupted by the introduction of property, agriculture,
41

science, and commerce. People entered into a SOCIAL CONTRACT among

themselves, establishing governments and educational systems to correct the
inequalities brought about by the rise of civilization.
6.
Adam Smith(1723 - 90)Scottish philosopher and political economist.
Between 1752 and 1763 he lectured in moral philosophy at Glasgow
University and is best known for his Inquiry into the Nature and Causes of
the Wealth of Nations, published in 1776. Known more commonly as The
Wealth of Nations, the work has become entrenched as a text for students of
economics.
7.
A Divide Between Ancient and Modern Philosophy?
8.
Bridging the Ancient and Modern: Thoughts on Machiavelli, Hobbes
and Locke
9.
Introduction
10. Plato and Aristotles concerns in The Republic and Politics was
understanding virtue and justice, and determining who was best fit to lead.
In both cases, Plato and Aristotle were concerned about the political
community at large, and about how morals and politics intersected. Nicolo
Machiavelli, Thomas Hobbes and John Locke question this assumption to
some extent, and relate their own concerns about good government, order,
and human nature. This essay will contrast the works of Machiavelli,
Hobbes and Locke with respect to their understanding of government. While
many have argued that Machiavelli, Hobbes and Locke make a clean break
with the ancient philosophers, my contention is that some of the puzzles for
Plato and Aristotle remained so for modern theorists. First, this paper will
summarize succinctly the contributions of Machiavelli, Hobbes and Locke.
Second, this essay will illuminate the differences between the three theorists.
Lastly, the essay will explore the connections between ancient philosophy
and modern philosophy.
11. Machiavelli, Hobbes and Locke: the Foundations of Modern
Philosophy
12. Machiavelli is generally seen as a transitional figure between the
ancient and modern philosophers. Unlike Plato and Aristotle, however,
Machiavelli was not concerned that government should be elevated to a
living moral force, capable of inspiring the people (Machiavelli xvii).
Machiavellis The Prince is more concerned with order than virtue, and thus
morality is in some ways foreign. The Prince is an interesting work because
it provides a blueprint for obtaining and maintaining power in a way that
ancient works did not. Machiavellis writing is often characterized as
realistic because it took the world for what it was man as self-interested
and calculating -- not for what it ought to be as many ancient philosophers
42

tried to construct. Machiavelli also gives prominence to the role of war and
violence in his work. The Prince must not only be wise in governing, but
also skilled in the art of war. To not be skilled in the latter renders a prince
useless in the former.
13. Thomas Hobbes The Leviathan is similarly concerned with the state
of war and the need to maintain order. Like Machiavelli, Hobbes
understands humans as rational creatures who are self-interested and
calculating. His understanding of the political community is not grounded in
moral virtue. In fact, Hobbes passes no judgment on mans virtue at all. The
desires, and other passions of man, are in themselves no sin, Hobbes wrote,
no more are the actions that proceed from those passions (Hobbes 187).
For Hobbes, men are made equal, and while some might be stronger or
smarter, each live under the same constraints and fears (Hobbes 183).
Hobbes famously understood the nature of mankind as nasty, brutish and
short (Hobbes 186). This forced man to seek the Commonwealth for
protection from war, harm and death. The Commonwealth, simply put, is
effective so long as it protects mankind. Unlike Machiavellis work, Hobbes
does not actually deal with the mechanisms which make for effective
governing. Hobbes work deals more with the social contract between man
and the sovereign. In social contract theory, individuals give up their liberty
to the sovereign or state in return for protection. The sovereign is thus
obligated to man to keep the peace.
14. John Lockes Second Treatise on Government is frequently seen as a
direct response to Hobbes Leviathan. Locke and Hobbes both deal with man
in the state nature. Hobbes and Locke agree that the laws of nature obligate
man to treat one another equally, at least in terms of their life and
possessions (Locke 5). However, unlike Hobbes, Locke seemed less worried
that man would be in a constant state of war without government, or a
sovereign (Locke x-xi). Lockes work also reads less pessimistically than
Hobbes or Machiavellis work. While Locke agrees that men are born free,
the agency he gives to man is more robust than Hobbes understanding of
mankind (Locke 4). Reading Hobbes, one gets the impression that mankind
must choose the sovereign or suffer. Man in Lockes state of nature chooses
the sovereign consensually, and does so not because he fears for his life.
Locke stands in particular opposition to Machiavelli. While Machiavelli had
no problems with hereditary rule, Locke insisted that there were ten other
men that could do that same job with as much wisdom and skill. Although
governments main objective is to provide order, stability and thus
protection, the Second Treatise relates that the need for government also
exists to protect life, liberty and property (Locke 71). Lockes lasting
43

legacy was his direct influence on Americas founding fathers, who admired
his devotion to a very limited, or small, government.
15. Are the Modern Philosophers So Modern?
16. Machiavelli, Hobbes and Locke were said to be the modern break
with the ancient philosophers of Plato and Aristotle. Indeed, there are several
notable contributions of the modern philosophers. First, all three
philosophers deal with man as he is rational, self-interested and calculating
and not how men ought to be. Second, these modern philosophers are the
first to investigate individualism and consent in political life. Although
Machiavelli speaks less on this subject, Hobbes and Locke explore why
individuals seek government in the first place. This has been called social
contract theory, because citizens submit or consent to be governed out of
their own free will. Lastly, the modern philosophers major impact and
difference from the ancients was their insistence that men were born equal.
This sets the stage for the rise of modern, individualist liberal theory.
17. On the other hand, the modern philosophers shared with the ancient
philosophers more ideas than they are given credit for. Machiavelli, for
example, bridges the divide between ancient and modern. Like Plato,
Machiavelli agreed that some were more suited than others to lead. As
Machiavelli argued, a wise man ought always to follow the paths beaten by
great men (Machiavelli 41). Moreover, Machiavelli noted that only wise
princes which were relatively rare historically could redress the evils and
grievances that arise when governing (Machiavelli 22). Machiavelli also
believes that aspects of governing resemble what Plato called the noble
lie. In The Republic, Plato suggested that the Guardians would defend the
Gods and a class of tales which would serve as the basis for order. It was not
important that these tales where true, so long as they were believed (Plato
62). Similarly, Machiavellis five qualities that made for a good prince
mercy, faithfulness, humanity, religiosity and uprightness were not
necessarily to always be followed. However, it is necessary for the Prince to
appear to have them (Machiavelli 139). Lastly, like Aristotle, Machiavelli
believed that good laws were critical to a well-functioning regime. The
chief foundations of all states, new as well as oldare good laws, wrote
Machiavelli. (Machiavelli 93). Aristotle agrees that good laws can educate
the citizenry and stabilize government (Aristotle 110).
18. Hobbes Leviathan seems to stand in direct opposition to Plato and
Aristotle, particularly his insistence that man is fundamentally selfinterested. As well he presents a bleak state of affairs. But a closer of reading
of Hobbes relays a different picture. In particular, many of Hobbes Laws of
Nature are concerned with aspects of right and wrong and even morality to
44

some extent. Hobbes urges those in the state of nature to treat others as they
would like to be treated (Hobbes 214). Hobbes makes clear that man should
not hate one another, or hold contempt of one another (Hobbes 211).
Moreover, Hobbes urges man not to focus on the evil of the past but to look
forward to the greatness of the good to follow (Hobbes 210). Lastly,
Hobbes concern with order and stability was also Platos concern in
constructing the appropriate political community.
19. John Locke also shares with the ancient philosophers several
similarities. First, like Plato, Locke was very conservative in his preference
for stability and order over change (Locke xiii). Locke was against violence
and war. As he noted: People are not so easily got out of their old forms as
some are apt to suggest (Locke xii). Secondly, Lockes suspicion of certain
understandings of liberty is reminiscent of Platos concerns with democracy
(Plato 193). For Locke, liberty is not the ability for one to do whatever they
want, whenever they please, but freedom of men under government to
have a standing rule to live by (Locke 15). Lastly, Lockes concern for
having good laws to prevent unwanted tyranny is similar to Aristotles desire
for good laws. Wherever law ends, tyranny begins if the law be
transgressed to anothers harm (Locke 114).
20. Conclusion
21. Machiavelli, Hobbes and Locke are frequently considered to be the
beginning of modern philosophy, and each mark a shift from the ancient to
more liberal notions of government. Machiavellis The Prince is a handbook
of sorts for accruing and maintaining power. The Prince also is a
straightforward account of mans self-interested, individualist ways. Hobbes
The Leviathan is less an account of how to govern as it is a discussion for
the need of authority and the sovereign. Hobbes discussion of the state of
nature describes a place that is dangerous and full of war. Man desires the
sovereign to escape this world. Lockes discussion of the state of nature is
less grim, and for Locke, government arises to protect not only life, but
liberty and property. Locke also argues against the lawlessness and lack of
consent inherent in tyrannical regimes. Although Machiavelli, Hobbes and
Locke are considered modern philosophers, each share some similarities
with ancient philosophers.
Governments of the Philippines
A.

Pre-colonial

1)

Unit of Government
45

Prior to the survival of the Spaniards, the Philippines was composed of

settlements or villages, each called barangay consisting of more or less 100
families, named after balangay, a Malayan word meaning boat. (Thereby
confirming the theory that early Philippines came to the Philippines in
boats).
2)
Datu
Each barangay was ruled by a chief called datu in some places, and rajah,
sultan or hadji in others.
3)
Social Classes in the barangay
The people of the barangay were divided into four classes namely: the
novelty (maharlika), to which the datu belonged, the freemen (timawa), the
serf (aliping namamahay), and the slaves (aliping sagigilid).
4)
Early laws
The early Filipinos had both written and unwritten laws. The written laws
were promulgated by the datus. The unwritten laws consisted of customs and
traditions which had been passed down from generation.
5)
Comparison with other Government
It can be said that the laws of the barangay were generally basic. The system
of government, although defective was not so bad considering the condition
in other lands in the age during which it flourished.
B.

Government During the Spanish Period

1)
Spanish to the Philippines
It was based on the discovery made by Ferdinand Magellan in 1521,
consummated by its conquest by Miguel Lopez de Legaspi for forty-five
years later, and long possession for almost four centuries, until it was
terminated in 1898 when by the treaty of Paris, the Philippines was ceded by
Spain to the United States.
2)
Spanish Colonial Government
From 1565 to 1821, the Philippine was indirect by government of the King
of Spain through Mexico. A basic principle introduced by Spain to the
Philippine was the union of the church and the state.
3)

Government in the Philippines Unitary

46

The government, which Spain established in the Philippines, was centralized

in structure and national scope.
4)
The Governor-General
The powers of the government where actually exercised by the Governor
General who resided in Manila. He was Governor-General, Captain, and
Vice Royal Patron
5)
The Judiciary
The Royal Audiencia which was established 1583 was the Supreme Court of
the Philippines during the Spanish times. It also performed function of
executive and legislative nature.
6)
Evaluation of the Spanish Government in the Philippines
The government, which Spain established in the Philippines, was defective.
It was a government for the Spaniards and for the Filipinos.
C.

American Period

1)
The Military Government
The American Military rule in the Philippines begun on April 14, 1898, the
day after the capture of Manila. The existence of war gave the President of
United States of America, as the Commander-in-Chief of all military
governor who exercised as long as the war lasted, all powers of governmentexecutive, legislative, and judicial.
2)
The Civil Government
Pursuant to the so-called Spooner Amendment (on the army appropriation
act passed in the United State Congress on March 3, 1901) which ended the
military regime in the Philippines, the civil government was inaugurate in
Manila on July 4, 1901, headed by the Civil Governor whose position was
created on October 29, 1901.
3)
The Commonwealth of the Government of the Philippines
The next stage in the Political development of the Filipinos was the
establishment of the Commonwealth Government of the Philippines
pursuant to an act o the Commonwealth Government of the Philippines
pursuant to an act of the United State on March 24, 1934.

47

D.

Commonwealth and Japanese period

1)
The Japanese Military Administration
It was established in Manila on January 3, 1943 lender a proclamation
served by the Japanese high command, the soveregeinty of the United State
over the Philippines was declared terminated.
2)
The Philippines Executive Commission
The military forces of occupation organized a civil government known as the
Philippines executive commission composed of Filipinos with Judges B.
Vargas as Chairman.
3)
The Japanese-Sponsored Republic of the Philippines
On October 14, 1943, the so-called Japanese-Sponsored Republic of the
Philippines was inaugurated with Jose P. Laurel as President. August 17,
1945, President Jose P. Laurel Proclaimed the dissolution of the Republic.
E.

Philippine Republic

1)
Marcos
The national problems, however, were much graver than could be solved in
any single term of office. Combining into an explosive force were poverty,
social inequity and rural stagnation, the burden of centuries coupled with
rising expectations, a bounding birthrate and mass-education. The country
at that time was said to have been making only four million pesos a day
while spending six million pesos. Industries had a very slow growth. The
school facilities could not accomodate the increasing number of children.
Diseases continued to spread. Criminality was on the increase. Marcos was
trapped between the entrenched oligarchy, which controlled the Congress
and the firebrands from the Manila student movement in the peasant regions
of Luzon.
As a result of this, Marcos sent out the Army to face the resurgence of armed
Communist activity and the emergence of Maoist urban guerrillas. In August
1971, the write of habeas corpus was suspended.
This worked in the short term, but as soon as it was lifted, radical agitation
started again. By the middle of 1972, nearly the entire media turned dead set
against the Administration and government was beginning to be slowed
down by the intense rivalry between the political parties.

48

The economic effects of this paralysis of government were made worse by

great floods which in the Luzon plain ruined much of agriculture,
infrastructure and industry. The people wallowed deeper in cynicism and
despair. In Manila, crime, pornography and violence drove citizens from the
streets. Invoking the last constitutional defense of the state, President
Ferdinand E. Marcos declared martial law on September 21, 1972.
2)

1987 People Power 1 Revolution

MANILA - The EDSA Revolution of 1986 - known throughout the world as

"People Power" - did more than end 20 years of Marcos rule. It seemingly
cured a nation that had, along with the Marcoses, slipped into decadence,
and it had done so without violence, through a collective act of conscience.
The spirit of renewal, of restored national dignity, and of possibility radiated
outwards, inspiring pro-democracy movements from Poland to South Korea.
Corazon Aquino declared, as if surprised by the conviction the revolution
had instilled in her, "It is true: the Filipino is brave, the Filipino is honorable,
the Filipino is great."
3)

People Power 2

While EDSA 2, like the EDSA Revolution, was also primarily about moral
rectification - both were expressions of outrage against moral degeneracy the issues at its heart were simply less urgent. Estrada may have been a
heavy drinker and womanizer, and frequent stories of indecent proposals and
all-night drinking sprees at Malacanang may have scandalized the morally
fastidious middle class, but, compared with the former dictator, his sins were
venial. Marcos committed plunder on a grand scale and regularly resorted to
all manners of terror, including the torture and murder of political enemies acts Estrada, in his simple loutishness, would seem incapable of executing.
Constitutionalism General
A.
Constitution
In its broad sense, the term constitution refers to that body of rules and
principles in accordance with which powers of sovereignty are regularly
exercised. As thus defined, its covers both written and unwritten
constitutions.
B.

Part

49

1)
As their origin and history:
-Convention or enacted
One, which is enacted by a constituent assembly or granted by a monarch to
his subjects like the constitution in Japan in 1889.
-Cumulative or evolved
Like the English Constitution, one which is a product of growth or a long
period of development originating in customs, traditions, judicial decisions,
etc; rather than form a deliberate and formal enactment.
2)

As their Form:

a.
Written
One which has been given definite written from at a particular time, usually
by a specially constituted authority called a constitutional convention; and
b.
Unwritten
One which is entirely the product of political evolution, consisting largely of
a mass of customs, usages and judicial decisions together with a smaller
body of statutory enactments of a fundamental character, usually bearing
different dates.
3)
As to manner of amending them:
-Rigid or inelastic
One regarded as a document of special sanctify which cannot be amended or
altered except lye some special machinery more cumbrous than the ordinary
legislative process; and
-Flexible or elastic
One which process no higher legal authority than ordinary laws and which
may be altered in he same way as other laws.
C.

Classification

1)

as a form, a good written constitution should be:

a.
Brief
Because of a constitution is two detailed, it would lose the advantage of a
fundamental law, which in a few processions outlines. The structure of the
government of the whole state and the rights of the citizens.
50

b.
Broad
Because a statement of the powers and functions of government, and of the
relations between the governing body and the governed, that it be as
comprehensive as possible.
c.
Definite
Because otherwise the application of its application of its provisions to
concrete situation may prove, underlay difficult if not possible.
2)

As to Contents, its should contain at least these sets of provisions:

a.
That dealing with framework of government and its powers, defining
the electorate.
b.
That setting forth the fundamental rights of the people and imposing
certain limitations on the powers of the government as a means of recurring
the enjoyment of these rights.
c.
That pointing out the mode procedure for amending or revising the
constitution
3)

Purpose

a.
Serves as the Supreme of Fundamental law
A constitution is the charter creating the government. It has the status of a
supreme or fundamental law as it speaks for the entire people from whom it
devices its claim to obedience.
b. Establishes basic framework and underlying principles of Government.
The purpose of a constitution is to prescribe the permanent framework
of the system of government and to assign to the different departments or
branches, their respective powers and duties, and to established certain basic
principles on which government is founded.
History
- Malolos Constitution
- 1935 Constitution
- 1973 Constitution
- 1987 Constitution
4)

Amending
51

1.
2.
3.
4.
5.
6.
7.

Framing and ratification

Limitations and Conditions
Sources
Scope
Amendments
Approval by Citizens Assemblies
Ratification by Presidential proclamation

B. Preamble of 1987 Constitution

The 1987 Constitution is founded upon certain fundamental principles of
government, which have become part of our cherished democratic heritage
as a people. Knowledge of these principles is, therefore essential to a proper
understanding of our organic law.
NATIONAL TERITORY AND DECLARATION OF STATE PRINCIPLES
AND STATE POLICIES.
1.
Territorial Sea
It is part of the sea extending 12 nautical miles (19kms) from lowwatermarks. It is also called the marginal sea the marginal belt on the
marine belt
2.
Seabed or Sea cost
This refers to the land that holds the sea, lying beyond the seashore,
including mineral and natural recourses.
3.
Archipelago
The term archipelago is derived from the Greek word pelagos means sea.
It has been defined as a sea or part of the sea studded with islands, often
spurious with island groups or as a large group of islands in an extensive
body of water, such as sea.
4.
Archipelago Doctrine
a.
the phrase all the other territories belonging to the Philippines by
historic right or legal title in the former provision was amended as indicated
above.

52

b.
The deletion, however, of the words by historic right or legal title is
not to be construed as precluding future claims by the Philippines to areas
over which it does not actually exercise sovereignity.
5.
Manifestation of Republicanism
a.
The existence of a bill of rights (Art. III.);
b.
The observance of the rule of the majority (Introduction-E.);
c.
the observance of the principle that ours is a government of laws and
not of men (Ibid.),
d.
The presence of elections through popular will (Art. V.);
e.
The observance of the principle of separation of powers and the
system of checks and balances (see Art. VI, Sec.1);
f.
The observance of the principle that the legislature cannot pass
irrepealable laws (see Art. VI, Sec 26);
g.
The observance of the law on public officers (Art. XI.); and
h.
The observance of the principle that the State cannot be sued without
its consent. (Art. XVI, Sec. 3.)
6.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.

State Policies
Foreign policy of the Philippines
Freedom from nuclear weapons policy
Just and dynamic social order
Social justice
Human dignity and human rights
Strengthening the family as a basic autonomous social institution
Right to life of the unborn from conception and of the mother
Role of the youth in nation-building
Role of women in nation-building
Right of the people to health
Right of the people to a balanced and healthful ecology
Priority to education, science and technology, arts and sports
Labor as a primary social economic force
Self-reliant and independent national economy
Role of the private school sector in the economy

I. Preliminary Concept

53

A. Definition and Importance

1. Politics
From historic viewpoint, the term politics came from the Greek
word, polis or city state. Aristotle in famous book: the politics
made the observation that every, polis, or city state is a kind pf
association and that man by nature and that man by nature is a
political animal from this view, it can be deduced that this
relationship may be called rule, authority, or power.
2. Political Science
The systematic study of politics or political scientist may serve as
an adviser to the political practitioner. The political practitioner is a
politician. But of course, the same person may at the same time be
a political scientist and a politician.
3. Governance
Government is a distinct branch of study, dealing with government
set up of the state on both rational and local levels.
C. State
The state is a community of persons more or less numerous
occupying, a definite government to which the greater body of
inhabitants rends habitual obedience.
D. Forms of Government
1. Unitary and Federal
a. Unitary
A unitary government concentrates governmental power is one
organ, the central or national government to which the constituent
or local government units owe their existence and from which they
device their powers and functions.

b. Federal

54

A federal government is one in which government is one in which

governmental powers are divided between the central government
and its local government unit as specified in the constitution.

2. Monarchy and aristocracy

a) Monarchy
Is a form of government where the ruler is a monarch who comes
from a royal family.
b) Aristocracy
Is defined from Greek etymology, aristo which means best and
kratia or kratos, rule. In essence, therefore, aristocracy is a
government by the best member of the community.
3. De jure and De facto
a) De jure
A state is de jure from the viewpoint of recognizing states.
b) De facto
Status of the first republic, which was established upon the
proclamation of independence on June 12, 1898, is a very good
example in support the above principle.
4. Parliamentary and Presidential
c) Parliamentary
Under this form of government, the executive power belongs to the
Prime Minister and his cabinet members.
d) Presidential
Student of political systems should be families with the
presidential form of government as compared to the parliamentary
system.

55

5. Military
Administration of occupied territory by an occupying power,
including the exercise of executive, legislative, and judicial
authority. In international law, territory is considered occupied
when it is actually under the authority of hostile armed forces. The
necessity for military government arises from the failure or
inability of the legitimate government

B. Political ideologies and Political Philosophers and their

contributions to politics.
A. Political Ideologies
1. Democracy
government by the people or their elected representatives
a political or social unit governed ultimately by all its members
the practice or spirit of social equality
a social condition of classlessness and equality
2. Liberalism
Liberalism can be understood as (1) a political tradition (2) a
political philosophy and (3) a general philosophical theory,
encompassing a theory of value, a conception of the person and a
moral theory as well as a political philosophy. As a political
tradition liberalism has varied in different countries. In England
in many ways the birthplace of liberalism the liberal tradition in
politics has centred on religious toleration, government by consent,
personal and, especially, economic freedom. In France liberalism
has been more closely associated with secularism and democracy.
In the United States liberals often combine a devotion to personal
liberty with an antipathy to capitalism, while the liberalism of
Australia tends to be much more sympathetic to capitalism but
often less enthusiastic about civil liberties. To understand this
diversity in political traditions, we need to examine liberalism as a
56

political theory and as a general philosophy. These latter two are

the concerns of this essay.
3. Capitalism
It is important to define "Capitalism" correctly because a proper
definition is a prerequisite to a proper defense. Capitalism is the
only moral political system because it is the only system dedicated
to the protection of rights, which is a requirement for human
survival and flourishing. This is the only proper role of a
government. Capitalism should be defended vigorously on a moral
basis, not an economic or utilitarian basis.
4. Socialism
A theory or system of social reform which contemplates
complete reconstruction of society, with a more just andequitable
distribution of property and labor. In popular usage, the term is
often employed to indicate any lawless revolutionary social
scheme.
5. Communism
A scheme of equalizing the social conditions of life;
specifically, a scheme which contemplates the abolition
of
inequalities in the possession of property, as by
distributing all wealth equally to all, or by holding all
wealth in common for the equal use and advantage of
all.
6. Anarchy
Absence of government; the state of society where there is
no law or supreme power; a state of lawlessness;
political
confusion.
B. Political Philosophers
1. Socrates

57

A philosopher of Athens, generally regarded as one of the wisest

people of all time. It is not known who his teachers were, but he
seems to have been acquainted with the doctrines of Parmenides,
Heraclitus, and Anaxagoras. Socrates himself left no writings, and
most of our knowledge of him and his teachings comes from the
dialogues of his most famous pupil, Plato, and from the memoirs
of Xenophon. Socrates is described as having neglected his own
affairs, instead spending his time discussing virtue, justice, and
piety wherever his fellow citizens congregated, seeking wisdom
about right conduct so that he might guide the moral and
intellectual improvement of Athens. Using a method now known as
the Socratic dialogue, or dialectic, he drew forth knowledge from
his students by pursuing a series of questions and examining the
implications of their answers. Socrates equated virtue with the
knowledge of one's true self, holding that no one knowingly does
wrong. .
2. Plato
Plato was born to an aristocratic family in Athens. His father,
Ariston, was believed to have descended from the early kings of
Athens. As a young man Plato had political ambitions, but he
became disillusioned by the political leadership in Athens. He
eventually became a disciple of Socrates, accepting his basic
philosophy and dialectical style of debate: the pursuit of truth
through questions, answers, and additional questions
Aristotle
Life Upon the death of Philip, Alexander succeeded to the kingship
and prepared for his subsequent conquests. Aristotle's work being
finished, he returned to Athens, which he had not visited since the
death of Plato. He found the Platonic school flourishing under
Xenocrates, and Platonism the dominant philosophy of Athens. He
thus set up his own school at a place called the Lyceum. When
teaching at the Lyceum, Aristotle had a habit of walking about as
he discoursed. It was in connection with this that his followers
became known in later years as the peripatetics , meaning "to walk
about." For the next thirteen years he devoted his energies to his
teaching and composing his philosophical treatises. He is said to
have given two kinds of lectures: the more detailed discussions in
the morning for an inner circle of advanced students, and the

58

popular discourses in the evening for the general body of lovers of

knowledge.
3. John Locke
John Locke was an Oxford scholar, medical researcher and
physician, political operative, economist and idealogue for a
revolutionary movement, as well as being one of the great
philosophers of the late seventeenth and early eighteenth century.
His monumental Essay Concerning Human Understanding aims to
determine the limits of human understanding. Earlier writers such
as Chillingworth had argued that human understanding was
limited, Locke tries to determine what those limits are. We can, he
thinks, know with certainty that God exists.
Nicholo Machiavelli
For Machiavelli, Florence was the object of his patrioism, and
which he tried to serve with single minded devotion. Unfortunately
for him, the days of Floretine greatness were largely past when he
reached maturity. Two years after the death of Lorenzo de Medici
in 1492, the French invaded Italy and in the ensuring struggles
between great powers, . He is the author of The Prince.
4. Thomas Hobbes
Hobbes developed a materialist and highly pessimistic philosophy
that was denounced in his own day and later, but has had a
continuing influence on Western political thought. His Leviathan
(1651) presents a bleak picture of human beings in the state of
nature, where life is "nasty, brutish, and short." Fear of violent
death is the principal motive that causes people to create a state by
contracting to surrender their natural rights and to submit to the
absolute authority of a sovereign. Although the power of the
sovereign derived originally from the people, Hobbes saidchallenging the doctrine of the divine right of kings-the sovereign's
power is absolute and not subject to review by either subjects or
ecclesiastical powers. Hobbes's concept of the social contract led
to investigations by other political theorists, notably Locke,
Spinoza, and Rousseau, who formulated their own radically
different theories of the social contract.
5. Jean Jacques Rousseau
A member of DIDEROT's circle, he was one of the great figures of
the French ENLIGHTENMENT and probably the most significant
59

of those who shaped 19th-cent. ROMANTICISM, influencing such

figures as KANT, GOETHE, ROBESPIERRE, TOLSTOY, and the
French revolutionists. Rousseau's most celebrated theory was that
of the "natural man." In his Discourse on the Inequalities of Men
(1754) and Social Contract (1762) he maintained that human
beings were essentially good and equal in the state of nature but
were corrupted by the introduction of property, agriculture,
science, and commerce. People entered into a SOCIAL
CONTRACT among themselves, establishing governments and
educational systems to correct the inequalities brought about by the
rise of civilization.
6. Adam Smith(1723 - 90)Scottish philosopher and political
economist. Between 1752 and 1763 he lectured in moral
philosophy at Glasgow University and is best known for his
Inquiry into the Nature and Causes of the Wealth of Nations,
published in 1776. Known more commonly as The Wealth of
Nations, the work has become entrenched as a text for students of
economics.
7. A Divide Between Ancient and Modern Philosophy?
8. Bridging the Ancient and Modern: Thoughts on Machiavelli,
Hobbes and Locke
9. Introduction
10.Plato and Aristotles concerns in The Republic and Politics was
understanding virtue and justice, and determining who was best fit
to lead. In both cases, Plato and Aristotle were concerned about the
political community at large, and about how morals and politics
intersected. Nicolo Machiavelli, Thomas Hobbes and John Locke
question this assumption to some extent, and relate their own
concerns about good government, order, and human nature. This
essay will contrast the works of Machiavelli, Hobbes and Locke
with respect to their understanding of government. While many
have argued that Machiavelli, Hobbes and Locke make a clean
break with the ancient philosophers, my contention is that some of
the puzzles for Plato and Aristotle remained so for modern
theorists. First, this paper will summarize succinctly the
contributions of Machiavelli, Hobbes and Locke. Second, this
essay will illuminate the differences between the three theorists.
Lastly, the essay will explore the connections between ancient
philosophy and modern philosophy.

60

11.Machiavelli, Hobbes and Locke: the Foundations of Modern

Philosophy
12.Machiavelli is generally seen as a transitional figure between
the ancient and modern philosophers. Unlike Plato and Aristotle,
however, Machiavelli was not concerned that government should
be elevated to a living moral force, capable of inspiring the
people (Machiavelli xvii). Machiavellis The Prince is more
concerned with order than virtue, and thus morality is in some
ways foreign. The Prince is an interesting work because it provides
a blueprint for obtaining and maintaining power in a way that
ancient works did not. Machiavellis writing is often characterized
as realistic because it took the world for what it was man as
self-interested and calculating -- not for what it ought to be as
many ancient philosophers tried to construct. Machiavelli also
gives prominence to the role of war and violence in his work. The
Prince must not only be wise in governing, but also skilled in the
art of war. To not be skilled in the latter renders a prince useless in
the former.
13.Thomas Hobbes The Leviathan is similarly concerned with the
state of war and the need to maintain order. Like Machiavelli,
Hobbes understands humans as rational creatures who are selfinterested and calculating. His understanding of the political
community is not grounded in moral virtue. In fact, Hobbes passes
no judgment on mans virtue at all. The desires, and other
passions of man, are in themselves no sin, Hobbes wrote, no
more are the actions that proceed from those passions (Hobbes
187). For Hobbes, men are made equal, and while some might be
stronger or smarter, each live under the same constraints and fears
(Hobbes 183). Hobbes famously understood the nature of
mankind as nasty, brutish and short (Hobbes 186). This forced
man to seek the Commonwealth for protection from war, harm and
death. The Commonwealth, simply put, is effective so long as it
protects mankind. Unlike Machiavellis work, Hobbes does not
actually deal with the mechanisms which make for effective
governing. Hobbes work deals more with the social contract
between man and the sovereign. In social contract theory,
individuals give up their liberty to the sovereign or state in
return for protection. The sovereign is thus obligated to man to
keep the peace.

61

14.John Lockes Second Treatise on Government is frequently

seen as a direct response to Hobbes Leviathan. Locke and Hobbes
both deal with man in the state nature. Hobbes and Locke agree
that the laws of nature obligate man to treat one another equally, at
least in terms of their life and possessions (Locke 5). However,
unlike Hobbes, Locke seemed less worried that man would be in a
constant state of war without government, or a sovereign (Locke xxi). Lockes work also reads less pessimistically than Hobbes or
Machiavellis work. While Locke agrees that men are born free,
the agency he gives to man is more robust than Hobbes
understanding of mankind (Locke 4). Reading Hobbes, one gets
the impression that mankind must choose the sovereign or suffer.
Man in Lockes state of nature chooses the sovereign consensually,
and does so not because he fears for his life. Locke stands in
particular opposition to Machiavelli. While Machiavelli had no
problems with hereditary rule, Locke insisted that there were ten
other men that could do that same job with as much wisdom and
skill. Although governments main objective is to provide order,
stability and thus protection, the Second Treatise relates that the
need for government also exists to protect life, liberty and
property (Locke 71). Lockes lasting legacy was his direct
influence on Americas founding fathers, who admired his
devotion to a very limited, or small, government.
15.Are the Modern Philosophers So Modern?
16.Machiavelli, Hobbes and Locke were said to be the modern
break with the ancient philosophers of Plato and Aristotle. Indeed,
there are several notable contributions of the modern philosophers.
First, all three philosophers deal with man as he is rational, selfinterested and calculating and not how men ought to be. Second,
these modern philosophers are the first to investigate individualism
and consent in political life. Although Machiavelli speaks less on
this subject, Hobbes and Locke explore why individuals seek
government in the first place. This has been called social contract
theory, because citizens submit or consent to be governed out
of their own free will. Lastly, the modern philosophers major
impact and difference from the ancients was their insistence that
men were born equal. This sets the stage for the rise of modern,
individualist liberal theory.
17.On the other hand, the modern philosophers shared with the
ancient philosophers more ideas than they are given credit for.
62

Machiavelli, for example, bridges the divide between ancient and

modern. Like Plato, Machiavelli agreed that some were more
suited than others to lead. As Machiavelli argued, a wise man
ought always to follow the paths beaten by great men
(Machiavelli 41). Moreover, Machiavelli noted that only wise
princes which were relatively rare historically could redress the
evils and grievances that arise when governing (Machiavelli 22).
Machiavelli also believes that aspects of governing resemble what
Plato called the noble lie. In The Republic, Plato suggested that
the Guardians would defend the Gods and a class of tales which
would serve as the basis for order. It was not important that these
tales where true, so long as they were believed (Plato 62).
Similarly, Machiavellis five qualities that made for a good prince
mercy, faithfulness, humanity, religiosity and uprightness were
not necessarily to always be followed. However, it is necessary for
the Prince to appear to have them (Machiavelli 139). Lastly, like
Aristotle, Machiavelli believed that good laws were critical to a
well-functioning regime. The chief foundations of all states, new
as well as oldare good laws, wrote Machiavelli. (Machiavelli
93). Aristotle agrees that good laws can educate the citizenry and
stabilize government (Aristotle 110).
18.Hobbes Leviathan seems to stand in direct opposition to Plato
and Aristotle, particularly his insistence that man is fundamentally
self-interested. As well he presents a bleak state of affairs. But a
closer of reading of Hobbes relays a different picture. In particular,
many of Hobbes Laws of Nature are concerned with aspects of
right and wrong and even morality to some extent. Hobbes urges
those in the state of nature to treat others as they would like to be
treated (Hobbes 214). Hobbes makes clear that man should not
hate one another, or hold contempt of one another (Hobbes 211).
Moreover, Hobbes urges man not to focus on the evil of the past
but to look forward to the greatness of the good to follow
(Hobbes 210). Lastly, Hobbes concern with order and stability was
also Platos concern in constructing the appropriate political
community.
19.John Locke also shares with the ancient philosophers several
similarities. First, like Plato, Locke was very conservative in his
preference for stability and order over change (Locke xiii). Locke
was against violence and war. As he noted: People are not so
easily got out of their old forms as some are apt to suggest (Locke
63

xii). Secondly, Lockes suspicion of certain understandings of

liberty is reminiscent of Platos concerns with democracy (Plato
193). For Locke, liberty is not the ability for one to do whatever
they want, whenever they please, but freedom of men under
government to have a standing rule to live by (Locke 15).
Lastly, Lockes concern for having good laws to prevent unwanted
tyranny is similar to Aristotles desire for good laws. Wherever
law ends, tyranny begins if the law be transgressed to anothers
harm (Locke 114).
20.Conclusion
21.Machiavelli, Hobbes and Locke are frequently considered to be
the beginning of modern philosophy, and each mark a shift from
the ancient to more liberal notions of government. Machiavellis
The Prince is a handbook of sorts for accruing and maintaining
power. The Prince also is a straightforward account of mans selfinterested, individualist ways. Hobbes The Leviathan is less an
account of how to govern as it is a discussion for the need of
authority and the sovereign. Hobbes discussion of the state of
nature describes a place that is dangerous and full of war. Man
desires the sovereign to escape this world. Lockes discussion of
the state of nature is less grim, and for Locke, government arises to
protect not only life, but liberty and property. Locke also argues
against the lawlessness and lack of consent inherent in tyrannical
regimes. Although Machiavelli, Hobbes and Locke are considered
modern philosophers, each share some similarities with ancient
philosophers.
Governments of the Philippines
A. Pre-colonial
1) Unit of Government
Prior to the survival of the Spaniards, the Philippines was
composed of settlements or villages, each called barangay
consisting of more or less 100 families, named after balangay, a
Malayan word meaning boat. (Thereby confirming the theory
that early Philippines came to the Philippines in boats).
2) Datu

64

Each barangay was ruled by a chief called datu in some places, and
rajah, sultan or hadji in others.
3) Social Classes in the barangay
The people of the barangay were divided into four classes namely:
the novelty (maharlika), to which the datu belonged, the freemen
(timawa), the serf (aliping namamahay), and the slaves (aliping
sagigilid).
4) Early laws
The early Filipinos had both written and unwritten laws. The
written laws were promulgated by the datus. The unwritten laws
consisted of customs and traditions which had been passed down
from generation.
5) Comparison with other Government
It can be said that the laws of the barangay were generally basic.
The system of government, although defective was not so bad
considering the condition in other lands in the age during which it
flourished.
B. Government During the Spanish Period
1) Spanish to the Philippines
It was based on the discovery made by Ferdinand Magellan in
1521, consummated by its conquest by Miguel Lopez de Legaspi
for forty-five years later, and long possession for almost four
centuries, until it was terminated in 1898 when by the treaty of
Paris, the Philippines was ceded by Spain to the United States.
2) Spanish Colonial Government
From 1565 to 1821, the Philippine was indirect by government of
the King of Spain through Mexico. A basic principle introduced by
Spain to the Philippine was the union of the church and the state.
3) Government in the Philippines Unitary
The government, which Spain established in the Philippines, was
centralized in structure and national scope.
4) The Governor-General
65

The powers of the government where actually exercised by the

Governor General who resided in Manila. He was GovernorGeneral, Captain, and Vice Royal Patron
5) The Judiciary
The Royal Audiencia which was established 1583 was the
Supreme Court of the Philippines during the Spanish times. It also
performed function of executive and legislative nature.
6) Evaluation of the Spanish Government in the Philippines
The government, which Spain established in the Philippines, was
defective. It was a government for the Spaniards and for the
Filipinos.
C. American Period
1) The Military Government
The American Military rule in the Philippines begun on April 14,
1898, the day after the capture of Manila. The existence of war
gave the President of United States of America, as the
Commander-in-Chief of all military governor who exercised as
long as the war lasted, all powers of government-executive,
legislative, and judicial.
2) The Civil Government
Pursuant to the so-called Spooner Amendment (on the army
appropriation act passed in the United State Congress on March 3,
1901) which ended the military regime in the Philippines, the civil
government was inaugurate in Manila on July 4, 1901, headed by
the Civil Governor whose position was created on October 29,
1901.
3) The Commonwealth of the Government of the Philippines
The next stage in the Political development of the Filipinos was the
establishment of the Commonwealth Government of the
Philippines pursuant to an act o the Commonwealth Government
of the Philippines pursuant to an act of the United State on March
24, 1934.

66

D. Commonwealth and Japanese period

1) The Japanese Military Administration
It was established in Manila on January 3, 1943 lender a
proclamation served by the Japanese high command, the
soveregeinty of the United State over the Philippines was declared
terminated.
2) The Philippines Executive Commission
The military forces of occupation organized a civil government
known as the Philippines executive commission composed of
Filipinos with Judges B. Vargas as Chairman.
3) The Japanese-Sponsored Republic of the Philippines
On October 14, 1943, the so-called Japanese-Sponsored Republic
of the Philippines was inaugurated with Jose P. Laurel as President.
August 17, 1945, President Jose P. Laurel Proclaimed the
dissolution of the Republic.
E. Philippine Republic
1) Marcos
The national problems, however, were much graver than could be
solved in any single term of office. Combining into an explosive
force were poverty, social inequity and rural stagnation, the burden
of centuries coupled with rising expectations, a bounding birthrate
and mass-education. The country at that time was said to have
been making only four million pesos a day while spending six
million pesos. Industries had a very slow growth. The school
facilities could not accomodate the increasing number of children.
Diseases continued to spread. Criminality was on the increase.
Marcos was trapped between the entrenched oligarchy, which
controlled the Congress and the firebrands from the Manila student
movement in the peasant regions of Luzon.
As a result of this, Marcos sent out the Army to face the resurgence
of armed Communist activity and the emergence of Maoist urban
guerrillas. In August 1971, the write of habeas corpus was
suspended.

67

This worked in the short term, but as soon as it was lifted, radical
agitation started again. By the middle of 1972, nearly the entire
media turned dead set against the Administration and government
was beginning to be slowed down by the intense rivalry between
the political parties.
The economic effects of this paralysis of government were made
worse by great floods which in the Luzon plain ruined much of
agriculture, infrastructure and industry. The people wallowed
deeper in cynicism and despair. In Manila, crime, pornography and
violence drove citizens from the streets. Invoking the last
constitutional defense of the state, President Ferdinand E. Marcos
declared martial law on September 21, 1972.
2) 1987 People Power 1 Revolution
MANILA - The EDSA Revolution of 1986 - known throughout the
world as "People Power" - did more than end 20 years of Marcos
rule. It seemingly cured a nation that had, along with the Marcoses,
slipped into decadence, and it had done so without violence,
through a collective act of conscience. The spirit of renewal, of
restored national dignity, and of possibility radiated outwards,
inspiring pro-democracy movements from Poland to South Korea.
Corazon Aquino declared, as if surprised by the conviction the
revolution had instilled in her, "It is true: the Filipino is brave, the
Filipino is honorable, the Filipino is great."
3) People Power 2
While EDSA 2, like the EDSA Revolution, was also primarily
about moral rectification - both were expressions of outrage
against moral degeneracy - the issues at its heart were simply less
urgent. Estrada may have been a heavy drinker and womanizer,
and frequent stories of indecent proposals and all-night drinking
sprees at Malacanang may have scandalized the morally fastidious
middle class, but, compared with the former dictator, his sins were
venial. Marcos committed plunder on a grand scale and regularly
resorted to all manners of terror, including the torture and murder
of political enemies - acts Estrada, in his simple loutishness, would
seem incapable of executing.
Constitutionalism General
68

A. Constitution
In its broad sense, the term constitution refers to that body of
rules and principles in accordance with which powers of
sovereignty are regularly exercised. As thus defined, its covers
both written and unwritten constitutions.
B. Part
1) As their origin and history:
-Convention or enacted
One, which is enacted by a constituent assembly or granted by a
monarch to his subjects like the constitution in Japan in 1889.
-Cumulative or evolved
Like the English Constitution, one which is a product of growth or
a long period of development originating in customs, traditions,
judicial decisions, etc; rather than form a deliberate and formal
enactment.
2) As their Form:
a. Written
One which has been given definite written from at a particular
time, usually by a specially constituted authority called a
constitutional convention; and
b. Unwritten
One which is entirely the product of political evolution, consisting
largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a
fundamental character, usually bearing different dates.
3) As to manner of amending them:
-Rigid or inelastic
One regarded as a document of special sanctify which cannot be
amended or altered except lye some special machinery more
cumbrous than the ordinary legislative process; and
-Flexible or elastic

69

One which process no higher legal authority than ordinary laws

and which may be altered in he same way as other laws.
C. Classification
1) as a form, a good written constitution should be:
a. Brief
Because of a constitution is two detailed, it would lose the
advantage of a fundamental law, which in a few processions
outlines. The structure of the government of the whole state and
the rights of the citizens.
b. Broad
Because a statement of the powers and functions of government,
and of the relations between the governing body and the governed,
that it be as comprehensive as possible.
c. Definite
Because otherwise the application of its application of its
provisions to concrete situation may prove, underlay difficult if not
possible.
2) As to Contents, its should contain at least these sets of
provisions:
a. That dealing with framework of government and its powers,
defining the electorate.
b. That setting forth the fundamental rights of the people and
imposing certain limitations on the powers of the government as a
means of recurring the enjoyment of these rights.
c. That pointing out the mode procedure for amending or revising
the constitution
3) Purpose
a. Serves as the Supreme of Fundamental law

70

A constitution is the charter creating the government. It has the

status of a supreme or fundamental law as it speaks for the entire
people from whom it devices its claim to obedience.
b. Establishes basic framework and underlying principles of
Government.
The purpose of a constitution is to prescribe the permanent
framework
of the system of government and to assign to the
different departments or branches, their respective powers and
duties, and to established certain basic principles on which
government is founded.
History
- Malolos Constitution
- 1935 Constitution
- 1973 Constitution
- 1987 Constitution
4) Amending
1.
2.
3.
4.
5.
6.
7.

Framing and ratification

Limitations and Conditions
Sources
Scope
Amendments
Approval by Citizens Assemblies
Ratification by Presidential proclamation

B. Preamble of 1987 Constitution

The 1987 Constitution is founded upon certain fundamental
principles of government, which have become part of our
cherished democratic heritage as a people. Knowledge of these
principles is, therefore essential to a proper understanding of our
organic law.
NATIONAL TERITORY AND DECLARATION OF STATE
PRINCIPLES AND STATE POLICIES.
1. Territorial Sea
71

It is part of the sea extending 12 nautical miles (19kms) from lowwatermarks. It is also called the marginal sea the marginal belt
on the marine belt
2. Seabed or Sea cost
This refers to the land that holds the sea, lying beyond the
seashore, including mineral and natural recourses.
3. Archipelago
The term archipelago is derived from the Greek word pelagos
means sea. It has been defined as a sea or part of the sea studded
with islands, often spurious with island groups or as a large group
of islands in an extensive body of water, such as sea.
4. Archipelago Doctrine
a. the phrase all the other territories belonging to the Philippines
by historic right or legal title in the former provision was
amended as indicated above.
b. The deletion, however, of the words by historic right or legal
title is not to be construed as precluding future claims by the
Philippines to areas over which it does not actually exercise
sovereignity.
5. Manifestation of Republicanism
a. The existence of a bill of rights (Art. III.);
b. The observance of the rule of the majority (Introduction-E.);
c. the observance of the principle that ours is a government of
laws and not of men (Ibid.),
d. The presence of elections through popular will (Art. V.);
e. The observance of the principle of separation of powers and the
system of checks and balances (see Art. VI, Sec.1);
f. The observance of the principle that the legislature cannot pass
irrepealable laws (see Art. VI, Sec 26);
g. The observance of the law on public officers (Art. XI.); and
h. The observance of the principle that the State cannot be sued
without its consent. (Art. XVI, Sec. 3.)
6. State Policies
a. Foreign policy of the Philippines
b. Freedom from nuclear weapons policy
72

c. Just and dynamic social order

d. Social justice
e. Human dignity and human rights
f. Strengthening the family as a basic autonomous social
institution
g. Right to life of the unborn from conception and of the mother
h. Role of the youth in nation-building
i. Role of women in nation-building
j. Right of the people to health
k. Right of the people to a balanced and healthful ecology
l. Priority to education, science and technology, arts and sports
m. Labor as a primary social economic force
n. Self-reliant and independent national economy
o. Role of the private school sector in the economy

73