University of Makati J.P. Rizal Ext.

, West Rembo, Makati City

Political Science
Reviewer

Overview to the subject: The Three Great Departments The Legislative Gumagawa ng batas. The Executive Nagpapatupad ng batas. The Judiciary Nag-iinterpret ng batas.

Different types of Commissions: Civil Service Commission nakasakop sakawani ng gobyerno. Commission on Human Rights Commission on Higher Education Commission on Audit Commission on Election Commission on Appointments

Representation of the 3 Great Departments. Judiciary Under niya ang Presidential Electoral Tribunal (PET). Legislative Senate Electoral Tribunal (SET) House of Representative Electoral Tribunal Executive President Vice President Other Departments

Civil Service Commission Commission on Audit Commission on Election

Commission na nasa labas ng bilog. Once Appointed, the President has no control to them.

What is an Office? Office is an office in the government service. Ang Mayor, saan siya kabilang? Ans. Sa Legislative. Ombudsman Nag-iisa sa gitna Its functions: Executive Rulemaking power Shared by all departments. Quasi Executive Quasi Legislative Quasi Judiciary Power to judge Power to prosecute Expulse Aliens

LEGISLATIVE is the Principal of local government. Bicameral System - To balance the interest of all kind of electors in the Philippines. What is the name of the Legislature of the Philippines? Answer: Congress of the Philippines. House of Representatives 1/5 Party list Representatives (50) actual: 54 4/5 District Representatives (200) actual: 196

Conventional na mga Katawagan sa mga Representatives Congressman Representatives Congresswoman Para maging isang Party list Representative: Should belong from marginalize sectors. (Marginalize sectors walang nagrerepresent sa kanila.) Joint Conference Committee Belong siya sa Congress. Higher than Senate and House of Representatives. Ayusin ang version ng mga batas ng house of representatives at Senate.

JUDICIARY Four Courts in the Philippines Supreme court One Chief Justice Fourteen Associate Justices Collegiate court Sandigan Bayan for corruption cases and public officials of high rank. Court of Appeals for ordinary cases. Court of Tax Appeals for special cases on tax alone. Second Trial Court General jurisdictions. Regional trial court. First Level Court Municipal Trial Court Metro Politant Trial Court Municipal Circuit Trial Court interconnected. Municipal Court in Cities.

Four Great Treasures that a Filipino must be proud of: 1. 2. 3. 4. Nationality provides who are Filipino. Domain exclusive in our territories only. Freedom Legal System 1979 Constitution made by Pres. Marcos 1987 Constitution made by Pres. Corazon Aquino (Freedom Constitution) Freedom Manifestations. These are also elements of the state.

Political Science Defined: Study of the state. Elements of the State: People Territory Government Sovereignty Recognition Scope of Political Science Public Theories Public Law Public Administration 8 Major Subjects 1. 2. 3. 4. 5. 6. 7. 8. Economics Geography Sociology Anthropology Psychology Philosophy Statistics and Logic Jurisprudence study of Law (Juris-law, Prunoncio Speaks.)

Political Science vs. Political Law

Political Science Uses theories State Government Politics etc. vs. Political Law Application of theories Government Relation to the people Sovereign and domain

Scope and Division of Political Law 1. 2. 3. 4. 5. Constitutional Law Administrative Law Laws related to Municipal Corporation Public officers Law Sec. 9, 10, 11 Election Law

Administrative Law 1. 2. 3. Organization Competence Remedies

Basis and Scope of the study of the Constitution Primary Basis The Constitution itself 1987 Constitution

Secondary Basis Malolos Constitution U.S. Constitution Previous Constitution Spanish/German/French Constitution Laws itself Laws relating to the organizations of the Philippine Island

Organic Laws enacted before the inauguration of the 1935 Constitution Philippine Bill of 1902 Jones Law Tydings Mcduffie

Political Issues Constitutional Law study of maintenance of proper balance between (3 great departments) authority represented by three inherent powers of state and liberty as guaranteed by Bill of Rights.

Division of Constitution Government A6,7,8,9,10,11 People A3 Constitution Defined Generic definition: The body of rules and maxims accordance with which powers and sovereignty are habitually exercised. With particular reference to the Constitution of the Philippines: Is the written instrument enacted by the direct action of the people by which the fundamental powers of the government are established, limited and defined and by which powers are distributed among several department for their useful exercise for the benefit of the body politics. As a social contract A constitution is Established (Legislative), Defined (Executive), and Limited (Judiciary).

Constitution vs. International Law vs. Law

Definition of Law Law is a rule of conduct just and obligatory, promulgated by the legitimate authority for common observance and benefits. Law by Congress (Legislative) Generic name: Statutes and also their action. Statutes are National Law. Nomenclatures: 1. 2. 3. 4. Republic Acts (RA) Batas Pambansa (BP) Commonwealth Acts (CA) Public Acts/ Acts (PA)

Law by Executive Generic name: Orders and also their action. Nomenclatures: 1. 2. Presidential Decree (PD) are off the categories of statutes. Executive Orders (EO) all regular departments issue. a. Administrative Orders lahat ng cabinet nag-iissue. b. Memorandum Orders c. Memorandum Circular Orders Administrative Orders (AO) Proclamation (P) Memorandum Orders (MO) General Orders (GO) order of the president as the commander in chief. Letter of Instruction (LOI) order of the President for offices to do something. Memorandum Circular Orders only in a particular office.

3. 4. 5. 6. 7. 8.

Law by Judiciary Generic name: Decisions and also their action. Divided into two categories: 1. Decisions arrived at the exercise of their judicial function. a. Decision b. Resolution only resolved what they decide. c. Minute resolution kapag tinatamad. Decisions arrived at the auxiliary administrative actions a. Administrative matters b. Administrative Circular Matters c. Orders

2.

Nature of the Constitution 1. 2. 3. Paramount Foundation Supreme Law

Constitution is not a Law. Constitution is not a Statute. Constitution is a Supreme Law. Laws are ordinary statutes. The Constitution must be followed by the law because it is the basis of the law.

International Law Defined Governs the relationship of family of nations and persons granted an international standing. Not a true Law. Family of Nations vs. United Nations Family of nations Entire body of nations

United Nations An organization Persons granted an international standing. Not a true law. Does not conform to the definition of Law.

Illustration Constitution Statute Executive Issuances Law Executive Officials Existing conditions and prospectively Provides details in Execution Judicial Decrees Law Supreme Court & courts Retroactive (Past) Administrative Issuances Law Administrative officers (lahat) Lahat International Law Law No basis of comparison No basis of comparison

Hierarchy Promulgate authority Time Frame

Supreme Law People (thru Ratification) Prospectively (future)

Law Congress (senate & HR) Prospectively

Purpose

Framework of the government and rights of the citizens

Provides details in Legislation

Provides details to settle actual controversies

Provides details in implementations of legislation

No basis of comparison

Treatise vs Treaty Treatise Treaty Formal acts of the member of family of Nations. Declaration of War is an example of Unilateral Treaty. Opinion of a Scholar. Rosalyn Hidgens famous siya dito.

Government Functions Strict governmental functions Administrative functions

Classification of Constitution 1. As to Amendment a. Rigid/Inelastic - with ratification b. Flexible As to Form a. Written b. Unwritten As to Government a. Constitutional Monarchy Emperor of Japan b. Constitutional Democracy c. Limited Constitutional Liberty limits the power of citizens

2.

3.

Construction of the Constitution Construction, use by the government to interpret the constitution. 1. 2. 3. Verba Legis Literal meaning Ratio Legis et anima Reasons of the law. Its Soul. Ut majis valeat guam pereat interprets the constitution as a whole.

External Aids 1. 2. 3. Debates of the Constitutional Commission Journals of the Constitutional Commission Treatise, Opinion of scholars and well known publicist. If there is doubt in the interpretation of the Constitution. Nature of Provision 1. 2. 3. Mandatory vs. Directory Prospective vs. Retroactive Self executor vs. Not Self executory.

Four Constitutional Eras 1. 2. 3. 4. Malolos Constitution (1898) 1935 Constitution (Commonwealth) 1973 Constitution (Martial Law Constitution) 1987 Constitution (Freedom Constitution) There is no such thing as The Japanese Belligerence Constitution. Nanghimasok lang ang Japanese pero hindi nawala ang soveranya ng Pilipinas. Sovereignty was only suspended & not lost. Malolos Constitution Mga nagsulat ng Constitution s autos ni Pres. Aguinaldo. 1. 2. 3. Apolinario Mabini Felipe Calderon Pedro Paterno Calderon Proposal was adopted by Malolos Constitution. 1935 Constitution Noong Dec. 20, 1898, ibenenta ng Espanya ang Pilipinas sa U.S. Tydings Mc-Duffie Law Philippine Independence Act. Only allows the commonwealth, not established.

Two Commissions 1. 2. Taft Commission Schurman Commission

Upper and Lower House Lower house Philippine Assembly limited to all Filipinos Upper House Philippine Commission Unappointed all Americans. July 4, 1946 Inauguration of Philippine Independence

1947 Amendment Parity Amendment Patas na karapatan ng Filipino at Americano.

Jones Law Formal act that establishes the Commonwealth Law. Tydings Mc-Duffie only allows the commonwealth, Jones Law establishes/authorized the commonwealth.

Japanese Belligerence Sovereignty was only suspended and not lost. Emperor of Japan the commander-in-chief.

General Order No. 1 Nagsuspend ng karapatan.

Batas Pambansa

Resolution of the 1972 Constitution of both houses

1. Increase in members of National Assembly From 120 to 180 Rejected Constitutional Convention Affirmed Members of Congress are automatic members of the Constitutional Convention Rejected

2. 3.

President Marcos Bumuo ng Citizens assembly, bawat brgy. May citizens assembly. Kung tamang palitan o hindi Nag-uusap-usap sila kung ano ang gagawin sa 1935 Constitution. Kuro kuro ng mga tao From brgy. To Malacaang yung proposal

Most Controversial Amendment of all time 1972 Constitution Kasi ito yung binigyan kit ang provision pero di alam kung anong article yung i-aamend ko. Amendment No. 6 Infamous amendment No. 6 Automatic Legislative powers for President in case of insurgency.

President Corazon Aquino EDSA 1 Proclamation No. 3 Order to draft a new Constitution. We do not include freedom constitution sa Era, dapat 1987 Constitution.

Preamble 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 ideas 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. No Privilege nor Right Preamble. Not part of the Constitution.

Etymological Definition: Greek word, Preambulare meaning to walk before. Latin word, Preambulus meaning going before.

Election (Plebiscite) February 2, 1987 According to the Supreme Court: Effectivity of Constitution February 2, 1987 The date of election is when people ratifies it Therefore the date of election is the date of Effectivity.

Counting of Votes February 4-9, 1987

Proclamation February 11, 1987

Steps in Amendatory Process Proposal and Ratification (there should be a plebiscite before ratification)

Congress: of all of its members. It should be of Senate and of House of Representatives.

Constitutional Convention 2/3 of its members For Calling Only. Majority yung tama. Quorum: Majority.

Ano ang mas mataas?

Three Theories of Position of ConCon vis--vis Three Great Departments 1. Theory of Constitutional Sovereignty ConCon is higher. Theory of Constitutional Inferiority 3 GD is higher. Theory of Co-Equality Both are equal.

2.

3.

Initiative and Referendum

Initiative P propose E enact R Repeal A Amend Referendum Congress initiate the law It is a law

Plebiscite Machinery for ratification No Law referred but a Question. There should be a plebiscite before ratification.

System of Initiative Direct and Indirect

Republic Act 6735 1. 2. Not sufficient to cover Constitution Pirma Absentee voting lang. to gather sign worldwide. Pirma targeted. Absentee voting Provision of Constitution on Absentee Voting Headings/title but no mode to implement as if there is a law with respect to I & R.

Constituent Assembly Ang tawag sa Congress dahil they are the Ultimate Representative of the People.

Representations: People --------- -Congress Government --- President Territory -------- National Flag Sovereignty ---- People

Article XVI (16) Vertical position of the flag. Yung blue lagi yun sa right side in the point of view of the Speaker. Left side siya, in the point of you of the one who is facing the speaker.

Elements of the Flag Blue blue waters of the Philippines. Red Bravery Sun Liberty Rays of the Sun 8 provinces. Three Stars Super Region of the Philippines The design of the flag of the Philippines cannot be changed but the arrangement of the design can be changed. Mass Media Should be wholly owned by Filipino citizens to maintain the loyalty to the government.

AFP vs. PNP Armed Forces of the Philippines Protect people and the State For national defense Military authority National Concerns, if it affects the national territory Philippine National Police Peace and Order For interior and local Civilian authority

Secessionist Necessity to put ordinance in transitory provisions in 1987 Constitution in order to make shift from older to newer system.

Senate Continuing Body

House of Representative Seasonal Body

May 11, 1987 Congress February 25, 1986 Start of Pres. Aquino May 11, 1992 next election

National Territory
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of its breadth and dimensions, form part of the internal waters of the Philippines. Shall cover the Islands and waters set forth in the Treaty of Paris of Dec. 10, 1898 Treaty of November 7, 1900 between U.S. and Spain (Cagayan, Sulu, and SIbuto Groups) Treaty of January 2, 1930 between U.S. and Great Britain (Turtle Islands and Mangsee Groups)

Components of National Territory 1. 2. 3. 4. Terrestrial Fluvial - internal waters Maritime Aerial - external waters Insular Shelves Continental shelves. Philippines was once called the Insular island of the Philippines kasi akala ng mga Spanish isang malaking Continente ang Pilipinas. Saba, Borneo, Guam, Marianas use to be part of the Philippines before.

Three fold Division of Navigable Waters 1. 2. 3. Territorial Sea Inland or Internal waters Open Sea dagat na walang nagmamay-ari

According to Hector De Leon

According to United Nations Convention on the Law of the Sea Is 3 nautical miles away from the baseline

Territorial Sea

Is 12 nautical miles away from the baseline

Contiguous Zone

24 nautical miles away from the baseline

12 nautical miles away from the baseline

Exclusive Economic Zone

200 nautical miles away from the baseline

200 nautical miles away from the baseline

It should be noted that the United Nations Convention on the Law of the Sea is the correct measurement and must be followed.

Territorial Sea Bawal dumaan ang mga Foreign kung gugustuhin.

Contiguous Zone Pwede dumaan ang mga Foreign pero dadaan lang. Bawal huminto. Foreigners can enforce sanitary laws in their areas.

Exclusive Economic Zone Question: Do we have exclusive economic right sa exclusive economic zone? Answer: Preferential rights lang, hindi dapat preferential, na overlook lang.

Question: Why there is a need for Archipelagic Doctrine? Answer: To protect the integrity of our national territory. Follow-up Question: Why? Best Answer: Particularly para hindi madismember and isang certain island sa Pilipinas.

Elements of the State

1. People

a. Population
2. 3. 4. 5. Male and Female (Both Sexes) Sufficient Numbers purpose of defense of territorial Integrity Territory Government Sovereignty Recognition a. Special Case: Vatican City b. Recognition by family of nations.

Government vs. Administration Government Permanent Formulates, exercises, expresses, realizes the will of the people Formulates Legislators Expresses Executives Administration Temporary Group of people running the government Realizes Judiciary

Kinds of Government
A. As to Government according to existing Constitutional Laws 1. De Jure 2. De Facto Cory administration B. As to number of persons exercising sovereign authority 1. Monarchy authorities by single person 2. Aristocracy 3. Democracy

C.

As to extent of powers exercised by central government 1. Unitary one central government Decentralization one government but responsibility is divided in National and Local Matters. Not considered Federal System. 2. Federal (2 kinds) Central Government Fiscal Matters, Monetary matters, Defense matters and Foreign Policy. State Government

D. As to relationship between the executive and Legislative branches of the government. 1. Parliamentary Great Britain as an Example. If it is Monarchy, automatic na Parliamentary form of government. Cesar Verata kauna-unahang Prime Minister sa Pilipinas. Pres. Marcos second prime Minister. Presidential Government

2.

Other Forms of Government E. Military Form of Government Example: North Korea & Myanmmar F. Civilian Form of Government G. Revolutionary Form of Government

Constitutional Government vs. Despotic Government

Constitutional Government Laws are defined

Despotic Government Laws are not defined

Question: To sum up, what is the form of government in the Philippines? Answer: Representative Democracy, Unitary, De Jure, Presidential, Elective, & Civilian form of government.

Sovereignty
Supreme and Uncontrollable power of the state.

Kinds of Sovereignty 1. 2. 3. 4. Internal Sovereignty power to control within its territory. External Sovereignty without subject to control by other states Legal Sovereignty Political Sovereignty

Characteristics of Sovereignty 1. 2. 3. 4. 5. 6. Permanent so long as the state itself exists, sovereignty continues without interruption. Exclusive There can be but one supreme power in the state. Comprehensiveness Malleability Absolutism Unity

Commonwealth Government (1935-1946) Before the first Philippine Republic

First Philippine Republic Democratic type of government 1946 Institution of the First Philippine Republic

Effects of change in Sovereignty

Question: When did the change of sovereignty happened? Answer: During the Japanese Period. The sovereignty is changed.

Basis of State Immunity

1. Doctrine of Royal Prerogative of Dishonesty Under this doctrine, there can be no legal right against the authority which makes the Law or which the right depend. Doctrine of State Immunity from suit 2. State cannot be sued without its consent.

Par en parem non habeat imperium Doctrine of state that there can be no other state. There can be no state within a State.

3.

Doctrine of Estoppel