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is the study of state and government. It is the understanding of the state i.e. principles and ideals
underlying its organization and activities. It is the study of a body politic, the association of people
into a political community. It studies relations of men and groups, men and groups to the state,
and state to other states.
Political Science is a social science discipline concerned with the study of the state, government,
and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and
practice of politics, and the analysis of political systems and political behavior.
State – a community of persons more or less numerous permanently occupying a definite portion
of territory, having a government of its own to which the great body of inhabitants renders
obedience, and and enjoying freedom from external control
People – mass of population living within the state
Territory – fixed portion of the surface of the earth inhabited by the people of the state
Government – agency through which the will of the state is formulated, expressed and
carried out
Sovereignty – the supreme power of the state to command and enforce obedience
POLICE POWER
It is the sovereign power to promote and protect the general welfare. It is the most pervasive
and the least limitable of the three powers of the state, the most essential, consistent and
illimitable which enables the State to prohibit all hurtful things to the comfort, safety and welfare
of the society.
It also refers to the power vested in the legislature by the Constitution to make, ordain, establish
all manner of wholesome and reasonable laws, statutes, or ordinances, either with penalties, or
without, nor repugnant to the constitution, as they shall be judge to be for the good and welfare
of the state and the subjects.
Police power is an inherent attribute of sovereignty. It can exist even without reservation in the
constitution. It is based on necessity as without it, there can be no effective government. It is also
referred to as the law of overwhelming necessity.
What is the basis of the exercise of the police power of the state?
The exercise of police power is founded on the basic principles of salus populi est suprema lex
(the welfare of the people is the supreme law) and sic utere tu et alienum non laedas (so use
your property so as not to impair another)
Condemnation of private property is justified only if it is for the public good character. It is the
courts of law that have the power to determine whether there is necessity therefore. Also called
the power of expropriation, eminent domain is described as the “highest and most exact idea of
property remaining in the government” that may be acquired for some public purpose through
a method “in the nature of a compulsory sale to the state”.
Query: A building which is on the verge of collapse was ordered to be demolished. The owner
objected thereto since the demolition constitutes taking without payment of just compensation.
Is the contention of the owner correct?
Answer: No, the demolition of the building is done in the exercise of police power. It is intended
to further the interest of the public as the structure is susceptible to harm the public, in case it
collapses. Hence, the owner is not entitled to compensation.
Query: An ordinance was passed requiring private cemeteries to reserve 6% of their total areas
for the burial paupers. The owners of the private cemeteries demand payment of just
compensation because the ordinance sought to deprive them of their property. However, the city
invoked that such ordinance was done in the exercise of their police power under the general
welfare clause. Is the argument of the city tenable?
Answer: No, although there was taking of private property for public use, nevertheless, it was
done without payment of just compensation. Hence, it violates the principles governing eminent
domain. The taking of property under the police power is sought to be destroyed.
Just compensation is the full and fair equivalent of the property taken from the private owner by
the expropriator. The measure of this compensation is not the taker’s gain but the owner’s loss.
POWER OF TAXATION
It is the inherent power of the state to raise revenues to defray the expenses of the
government or for any public purpose. This can be done through the imposition of burdens or
imposition on persons, properties, services, occupations or transactions.
The importance of taxation derives from the unavoidable obligation of the government to
protect the people and extend them benefits in the form of public projects and services. Taxation
is based on necessity and the reciprocal duties of protection and support between the state and
those that are subject to its authority.
Who may exercise the power of taxation?
It is the Congress who exercises the plenary power to tax. However, it may be delegated by
congress to local government units under such terms and conditions as may prescribe by law.
The following are the requisites or limitations on the power to tax:
1. Public purpose;
2. Territoriality;
3. Uniformity;
4. Due process and equal protection clause;
5. Constitutionally exempt properties cannot be taxed;
6. In the assessment and collection of certain kinds of taxes, notice and opportunity for hearing
must be provided
Types of Government:
As to the number of the persons exercising sovereign power:
a. Monarchy – the supreme and final authority is in the hands of a single person. It is further
classified into: absolute monarchy and limited monarchy.
b. Aristocracy – the political power is exercised by the few privileged class
c. Democracy – the political power is exercised by the majority of people. It is futher classified
into two: direct or pure democracy and indirect or representative democracy
As to the nature of tenure of the officials Hereditary – power and authority is passed on to one
who is a relative
by consanguinity Elective or Popular – leader is chosen by an electoral process
As to extent of powers exercised by the central or national government
a. Unitary Government – the control of national and local affairs is exercised by the central or
national government
b. Federal Government – the powers of government are divided between two sets of organs, one
for national affairs and the other for local affairs
As to the relationship between the executive and the legislative branches of government
a. Parliamentary – the state confers upon the legislature the power to terminate the tenure of
office of the real executive
b. Presidential – the state makes the executive constitutionally independent of the legislative
Types of Constitution:
1. Written Constitution:
A written constitution means a constitution written in the form of a book or a series of documents
combined in the form of a book. It is a consciously framed and enacted constitution. It is
formulated and adopted by a constituent assembly or a council or a legislature.
2. Unwritten Constitution:
An unwritten constitution is one which is neither drafted nor enacted by a Constituent Assembly
and nor even written in the form of a book. It is found in several historical charters, laws and
conventions. It is a product of slow and gradual evolution. The government is organised and it
functions in accordance with several well settled, but not wholly written rules and conventions.
The people know their Constitution. They accept and obey it, but do not possess it in a written
form. An unwritten constitution cannot be produced in the form of a book.
3. Flexible Constitution:
A Flexible Constitution is one which can be easily amended. Several political scientists advocate
the view that a flexible constitution is one in which the constitutional law can be amended in the
same way as an ordinary law. Constitutional amendments are passed in the same manner by
which an ordinary law is passed.
4. Rigid Constitution:
The Rigid Constitution is one which cannot be easily amended. Its method of amendment is
difficult. For amending it, the legislature has to pass an amendment bill by a specific, usually big,
majority of 2/3rd or 3/4th. For passing or amending an ordinary law, the legislature usually passes
the law by a simple majority of its members.
5. Evolved Constitution:
An evolved constitution is one which is not made at any time by any assembly of persons or an
institution. It is the result of slow and gradual process of evolution. Its rules and principles draw
binding force from the fact of their being recognised as ancient, historical, time-tested and
respected customs and conventions.
Some of these conventions get recognised by law and hence become enforceable while others
are followed because these are supported by public opinion, their practical utility and moral
commitment in their favour. Evolved Constitutions is the product of historical evolution and of
political needs and practical wisdom of the people. The Constitution of Great Britain presents a
key example of an evolved constitution.
6. Enacted Constitution:
SECTION 1: Right to LIFE, LIBERTY and PROPERTY and Equal protection of the laws
Q: What is due process?
A: Due process means:
1. That there shall be a law prescribed in harmony with the general powers of the legislature
2. That it shall be reasonable in its operation.
3. That it shall be enforced according to the regular methods of procedure prescribed, and
4. That it shall be applicable alike to all citizens of the State or to all of a class. (People v. Cayat,
G.R. No. L‐45987, May 5, 1939)
A: It means that all persons or things similarly situated should be treated alike, both as to rights
conferred and responsibilities imposed. It guarantees equality, not identity of rights. It does not
forbid discrimination as to persons and things that are different. What it forbids are distinctions
based on impermissible criteria unrelated to a proper legislative purpose, or class or
discriminatory legislation, which discriminates against some and favors others when both are
similarly situated. (2 Cooley, Constitutional Limitations, 824‐825)
SECTION 2: Warrant of Arrest, Search and Seizures, Probable Cause, Warrantless Arrest.
SECTION 5: The free exercise and enjoyment of religious profession &worship, w/o discrimination
Q: What are the two guarantees contained in Sec. 5 Article III of the 1987 Constitution?
A:
1. Non‐establishment clause;
2. Free exercise clause, or the freedom of religious profession and worship
SECTION 14: Rights of the Accused (the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy, impartial,
and public trial)
Q: What are the rights of the accused?
A:
Right to:
Due process
Be presumed innocent
Be heard by himself and counsel
Be informed of the nature and cause of the accusation against him
A speedy, impartial and public trial
Meet the witnesses face to face
Have compulsory process to secure the attendance of witnesses and production of
evidence on his behalf
Against double jeopardy
Bail
SECTION 15: The Writ of the Habeas Corpus
SECTION 16: The right to a speedy disposition of the cases
Q: What is meant by speedy trial?
A:
The term “speedy” means free from vexatious, capricious and oppressive delays. The factors to
be considered are:
1. Time expired from the filing of information
2. Length of delay
3. Reasons for the delay
4. Assertion or non‐assertion of the right by the accused
5. Prejudice caused to the defendant
Q: Fiscal A petitioned the lower court to order X to appear before the former to take dictation
in X’s own handwriting to determine whether or not it was X who wrote certain documents
supposed to be falsified. The lower court granted the petition of the fiscal. X refused what the
fiscal demanded and sought refuge in the constitutional provision of his right against self‐
incrimination. Is X’s contention valid?
A: X’s contention is tenable. Under Article HI, Section 17 of the 1987 Constitution, “no person
shall be compelled to be a witness against himself.” Since the provision prohibits compulsory
testimonial incrimination, it does not matter whether the testimony is taken by oral or written.
Writing is not purely a mechanical act because it requires the application of intelligence and
attention. The purpose of the privilege is to avoid and prohibit thereby the repetition and
recurrence of compelling a person, in a criminal or any other case, to furnish the missing evidence
necessary for his conviction. (Bermudez v. Castillo, July 26, 1937; Beltran v. Samson, G.R. No.
32025, September 23, 1929)
Q: Do re‐enactments violate a person's right against self‐incrimination?
A: Yes. A person who is made to re‐enact a crime may rightfully invoke his privilege against self‐
incrimination, because by his conduct of acting out how the crime was supposedly committed,
he thereby practically confesses his guilt by action which is as eloquent, if not more so, than
words.
SECTION 18: The Right to political beliefs and aspirations
SECTION 19: The prohibition against cruel, degrading or inhuman punishment
SECTION 20: Non- Imprisonment for debts
Q: X was charged with illegal possession of firearms. When X committed the offense, the
governing law was PD 1866, which provided for the penalty of reclusion temporal to reclusion
perpetua. However, while the case was pending, PD 1866 was amended by RA 8294, which
reduced the penalty to prision correccional but increasing the amount of fine. If X is convicted,
which penalty shall be imposed?
A: R.A. 8294 is the applicable law. As a general rule, penal laws should not have retroactive
application, lest they acquire the character of an ex post facto law. An exception to this rule,
however, is when the law is advantageous to the accused. Although an additional fine of
P15,000.00 is imposed by R.A. 8294, the same is still advantageous to the accused, considering
that the imprisonment is lowered to prision correccional in its maximum period from reclusion
temporal in its maximum period to reclusion perpetua under P.D. 1866.
Hence, R.A. 8294 should be applied, without prejudice to the application of the Indeterminate
Sentence Law. (Valeroso v. People, G.R. No. 164815, Feb. 22, 2008)
Q: What is citizenship?
A: It is membership in a political community which is personal and more or less permanent in
character.
Article V: Suffrage
Suffrage is 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 tot eh
people. It is not all absolute needless to say that it is an enjoyment of all other rights.
Nature
Mere privilege - suffrage is not a natural right of the citizens but a privilege to be given or
withheld by the lawmaking power subject to constitutional limitations. - It is granted to
individuals only upon the fulfillment of certain minimum conditions deemed essential for
the welfare of the country.
Mere Right - it is classified as political right, enabling every citizen to participate in the
process of government to assure that its powers from the consent of the governed. The
principle is that of one man, one vote.
5. Qualifications of Voters:
A citizen of the Philippines both male and female
Not otherwise disqualified by law
At least 18 yrs. of age
Have resided in the Philippines for at least one year (1) and in the place wherein he
proposes to vote for at least 6 months preceding the election
Residence Qualification 1. A voter must have been a permanent resident of the
Philippines for at least one (1 year) preceding the election. 2. 6 months residence in a
province, city or municipality is considered the minimum length of time within which a
person can adequately familiarize himself with the needs and conditions and the
personalities of the locality.
7. Q: What is an election?
A: It is the selection of candidates to public office by popular vote.
Q: What are the types of Election?
A:
1. Regular- refers to an election participated I by those who possess the right of suffrage not
disqualified by law and who are registered voters.
2. Special- one held to fill in the vacancy in office before the expiration of the term for which
incumbent was elected.
9. Scope of Suffrage
Election – means by which people choose their officials for definite and fixed periods and
to whom they entrust, for the time being as their representatives, the exercise of powers
of government.
Plebiscite – the vote of the people expressing their choice for or against a proposed law
or enactment submitted to them.
Referendum – It is the submission of the law or part thereof passed by the national or
local legislative body to the voting citizens of a country for their ratification or approval.
Initiative – the process whereby the people directly propose and enact laws.
Recall – method by which a public officer may be removed from office during his tenure
or before the expiration of his term by a vote of the people after registration of a petition
signed by a required percentage of voters
Q: A while of legal age and of sound is illiterate. He has asked your advice on how he can vote
in the coming election for his brother is running for mayor. This will be the first time “A” will
vote and he has never registered as a voter before. What advice will you give him on the
procedure he needs to follow in order to be able to vote?
A: The Constitution provides that until Congress shall have provided otherwise, illiterate and
disabled voters shall be allowed to vote under existing laws and regulations Article 5 Sec. 2. It is
necessary for any qualified voter to register in order to vote. In the case of illiterate and disabled
voters, their voters affidavit may be prepared by any relative within the 4th civil degree of
consanguinity or affinity or any board of election inspectors who shall prepare the affidavit in
accordance with the data supplied by the applicant.
Limitations
Full disclosure of assets and liabilities.
Disqualification or limitation of the members of congress to hold other office.
Executive Department
ARTICLE VII – THE EXECUTIVE DEPARTMENT
Section 1. The executive power shall be vested in the President of the Philippines.
1. a. Define executive power
b. May the President refuse to enforce a law on the ground that in his opinion it is
unconstitutional?
No. Otherwise, he will be violating the doctrine of separation of powers because by doing so, he
will be arrogating unto himself the power to interpret the law, not merely to implement it.
ARTICLE VIII – THE JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested in one Supreme Court and in such other courts as
may be established by law.
Sources:
De Leon, Hector. (2005 Textbook on the Philippine Constitution. Quezon City: Rex
Publishing Company, Inc.
Zulueta, F. (2011). Introduction to Political Science 1st Ed.Pasig City, National Book Store.
Great Political Thinkers: Plato to the Present. By WILLIAM EBENSTEIN. (New York:
Rinehart & Co., Inc., Third Edition, 1960. Pp. xii, 978. $8.50.
http://www.britannica.com/topic/political-science
http://lawphil.net/consti/constitu.html
http://www.gov.ph/official-gazette/
http://www.chanrobles.com/electionlawsofthephilippines.htm
https://en.wikipedia.org/wiki/List_of_political_parties_in_the_Philippines
https://piusmorados.wordpress.com/