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Philippine Politics and Governance with Philippine Constitution (POLSCI 1A) Theories of Origin of the State

I. THE PHILIPPINE GOVERNEMENT IN TRANSITION 1. Divine Right Theory- the authority to govern the people was ordained by God
 Pre Spanish Period upon rulers who were regarded as of divine descent.
 Spanish Period
 American Government in the Philippines 2. Social Contract Theory- the state was formed by means of a social contract of
 Japanese Occupation in the Philippines men who lived in a state of nature. State of nature meant that men lived together
without any super-body to establish peace and order and settle conflicts.
II. STUDY OF POLITICAL SCIENCE AND STATE Social Contract by Thomas Hobbes- Hobbes viewed man in a state of
nature as despicable, nasty and brutish. He compared the conditions of life as to
Political Science- study of the state in all its elements, aspects and relationships. those prevailing in a jungle where the stronger animals despoiled the weaker ones.
Man has to surrender their natural rights to the great Leviathan or the mortal god.
State defined In return the great leviathan would preserve peace and give security to his people.
According to James Garner, the STATE is a community of persons more or Social Contract by John Locke- men were rational beings and could use
less numerous occupying a definite portion of territory completely free of external natural law for their own good. They created the state for the purpose of promoting
control and possessing an organized government to which a great body of and preserving their natural rights to life, liberty and property. Locke also believed
inhabitants render habitual obedience. that when the government no longer served the citizens’ interest and welfare, it
might be resisted or overthrown.
FOUR ESSENTIAL ELEMENTS OF STATE: Social Contract by Rousseau- the community possessed a general will
1. People- refer to the inhabitants of the state. There is no strict requirement on shared by every member, whoever refuses to obey the general will shall be
their number, but they must be of sufficient number to be self-sufficing. compelled to do so by the whole body. All citizens have equal rights to participate in
2. Territory is a fixed portion on the surface of the earth inhabited by the people of the making of laws and in the decision making process. Rousseau belittled the
the state. importance of the government because it did not exercise the sovereignty which
3. Sovereignty is the supreme and uncontrollable power inherent in a State. rightfully belongs to the people. *Rousseau’s direct democracy
2 KINDS OF SOVEREIGNTY
1. Legal- is the authority which has the power to issue final commands; 3. Force Theory- the state came into existence out of conquest, force or coercion.
2. Political – is the power behind the legal sovereign, or the sum total of Strong men in the society imposed their will upon the weak and asserted their
the influences that operate it. leadership.
4. Government is the instrument that provides mechanisms in determining,
formulating, and implementing the policies of the state. It is the essential 4. Natural Theory- the state was a natural institution and not an abstract or artificial
instrument or machinery of the state that carries out its will, purposes and being. The state is like an organism which is natural because it has the capacity to
objectives. grow, develop and attain a fully civilized life.

5. Patriarchal Theory- the state evolved out of the smallest unit in the society, the
family. Gradually, the family enlarged into a clan, later on a tribe and then a nation
then a state.
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6. Instinctive Theory- men possesses the natural inclination for political association. 6. Dictatorship - a form of government in which a ruler wield absolute power (not
A social being by nature, man associated himself with other men for self- restricted by a constitution or laws).
preservation and security. Thus the state was born.
7. Ecclesiastical - a government administrated by a church.
III. GOVERNMENT
Forms of Government 8. Federal (Federation) - a form of government in which sovereign power is formally
divided -- usually by means of a constitution -- between a central authority and a
1. Monarchy - a government in which the supreme power is lodged in the hands of number of constituent regions (states, colonies or provinces) so that each region
a monarch who reigns over a state or territory, usually for life and by hereditary retains some management of its internal affairs; differs from a confederacy in that
right; the monarch may be either a sole absolute ruler or a sovereign - such as a the central government exerts influence directly upon both individuals as well as
king, queen or prince - with constitutionally limited authority. upon the regional units.
a. Absolute monarchy - a form of government where the monarch rules
unhindered, i.e., without any laws, constitution or legally organized 9. Parliamentary government (Cabinet-Parliamentary government) - a government
opposition. in which members of an executive branch (the cabinet and its leader - a prime
b. Constitutional monarchy - a system of government in which a monarch minister, premier or chancellor) are nominated to their positions by a legislature or
is guided by a constitution whereby his/her rights, duties, and parliament, and are directly responsible to it; this type of government can be
responsibilities are spelled out in written law or by custom. dissolved at will by the parliament (legislature) by means of a no-confidence vote or
the leader of the cabinet may dissolve the parliament if it can no longer function.
2. Constitutional - a government by or operating under an authoritative document 10. Presidential - a system of government where the executive branch exists
(constitution) that sets forth the system of fundamental laws and principles that separately from a legislature (to which it is generally not accountable).
determines the nature, functions and limits of that government.
11. Theocracy - a form of government in which a Deity is recognized as the supreme
3. Constitutional democracy - a form of government in which the sovereign power civil ruler, the Deity's laws are interpreted by ecclesiastical authorities (bishops,
of the people is spelled out in a governing constitution. mullahs, etc.); a government subject to religious authority.

4. Republic - a representative democracy in which the people elected deputies 12. Communist - a system of government in which the state plans and controls the
(representatives), not the people themselves, vote on legislation. economy and a single -- often authoritarian -- party holds power; state controls are
imposed with the elimination of private ownership of property or capital while
5. Democracy- a government in which the supreme power is vested in the people claiming to make progress toward a higher social order in which all goods are
and exercised by them directly or indirectly through a system of representation equally shared by the people (i.e., a classless society).
usually involving periodically held free elections.
a. Democratic republic/ representative democracy - a state in which the Branches of Government
supreme power rests in the body of citizens entitled to vote for officers and  Executive
representatives responsible to them.  Legislative
b. Pure/ Direct democracy- democracy in which the power is exercised  Judicial
directly by the people rather than through representatives.
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Inherent Powers of the State Prescribes the permanent framework of the system of government, and
1. POLICE POWER is the power of promoting the general welfare by assigns to the different department or branches, their respective powers
restraining and regulating the use of liberty and property. Basis is the Latin and duties. (Art.I)
maxim salus populi est suprema lex (the general welfare is the supreme To establish certain basic principles on which the government is founded.
law) (Preamble, Art.I)
2. EMINENT DOMAIN enables the State to acquire private property upon Designed to preserve and protect the rights of the citizen against the
payment of just compensation for some intended public use. Powers of the State. (Art III)
3. TAXATION it means the State is able to demand from the members of
society their proportionate share or contribution in the maintenance of the Constitutional Law
government. The study of the maintenance of the proper balance between authority as
represented by the three inherent powers of the state and liberty as guaranteed by
IV. CONSTITUTION the Bill of rights. (Cruz, Constitutional Law, 1993, p.1)
 That body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised (Cooley, Typology of Constitution
Constitutional Limitations, p.4) 1) As to origin and history:
 Constitution is a written instrument (document) by which the a) Conventional or enacted—one which is enacted by a constituent assembly or
fundamental powers of government are established, limited, and granted by a monarch to his subjects (e.g. Constitution of Japan)
defined, and by which these powers are distributed among several b) Cumulative of evolved—one which is a product of a long period of development
departments for their safe and useful exercise for the benefit of originating in customs, traditions, judicial decisions etc., rather than from deliberate
the body politic.” -Justice Miller, US Supreme Court and formal enactment. (E.g. English Constitution)
Constitution of the Philippines: That written instrument enacted by direct
action of the people by which the fundamental powers of the government 2) As to form:
are established, limited and defined and by which those powers are a) Written Constitution—one which has been given definite form at a particular
distributed among the several departments for their safe and useful time, usually by a specially constituted authority called a “constitutional
exercise for the benefit of the body politic. (Malcom, Philippine convention” or “constitutional commission”.
Constitutional Law, p.6) b) Unwritten Constitution—one which is entirely a product of political evolution,
consisting largely of a mass of customs, usages, and judicial decisions.
Nature and Purposes
1. Serves as the supreme or fundamental law. 3) As to manner of amending them:
- It is the Charter creating the government. a) Rigid or inelastic—one regarded as a document of special sanctity, which cannot
-It is binding to all individual citizens and all organs of the government. be amended or altered except by some special machinery other than ordinary
-It is the law to which all other laws must conform. legislative process.
-It is the test of the legality of all governmental actions. b) Flexible or elastic—one which possesses no higher legal authority than ordinary
2. Establishes the basic framework and underlying principles of government. laws and which may be altered in the same way as other laws.
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The 1987 Philippine Constitution is thus a conventional/enacted, written, and


rigid/inelastic constitution. Amendment vs. Revision
Amendment Revision
Pros and Cons of a written constitution -a change that adds, reduces, deletes, -alters the substantial entirety of the
-It has the advantage of clearness and definiteness over an unwritten one. Since without altering the basic principle constitution
the written constitution is a binding document, the rights of the citizen is more involved -a revamp or rewriting of the whole
secured. -isolated or piecemeal change instrument
-Its disadvantage lies in the difficulty of its amendment. This prevents the
immediate introduction of needed reforms and may thereby retard the healthy
growth and progress of the State. Sources:
Ayson, G. and Reyes, D. (2000). Fundamentals of Political Science.
Requisites of a good written Requisites of a good written constitution Mandaluyong City: National Book Store.
1. BRIEF: because if a constitution is too detailed, it would lose the advantage of a Cruz, I. (2007). Constitutional Law. Quezon City: Central Book Supply, Inc.
fundamental law. It would never be understood by the public. Nachura, A. (2015). Outline Reviewer in Political Law. Quezon City: VJ
2. BROAD: because a statement of the powers and functions of government, and of Graphic Arts, Inc.
the relations between the governing body and the governed, requires that it be as https://www.slideshare.net/ZimmBasubas/article-2-constitution-of-the-
comprehensive as possible. philippines?qid=7abccb0a-cdd0-459a-9903-82f6686ddd45&v=&b=&from_search=2
3. DEFINITE: because otherwise the application of its provision to concrete https://www.slideshare.net/jundumaug1/concept-of-state-and-
situations may prove unduly difficult if not impossible. government
https://www.livescience.com/33027-what-are-the-different-types-of-
Essential parts of a good written constitution governments.html
a. Constitution of Liberty- series of prescriptions setting forth the fundamental civil https://www.slideshare.net/jundumaug1/concept-of-state-and-
and political rights of the citizens and imposing limitations on the powers of government
government as a means of securing the enjoyment of those rights.
b. Constitution of Government- the series of provisions outlining the organization
of the government, enumerating its powers, laying down certain rules relative to its
administration and defining the electorate. (Arts. VI, VII, VIII and IX)
c. Constitution of Sovereignty- the provisions pointing out the mode or procedure
in accordance with which formal changes in the fundamental law may be brought
about. (Art. XVII- Amendments and Revisions) Kdeguzman2018

Constitution distinguished from Statutes and Ordinances


Statute- law enacted by the legislature
Ordinance- a piece of legislation enacted by municipal authority

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