WHAT IS A GOVERNMENT?

A government is the system or group of people governing an organized community, often a state.
In the case of its broad associative definition, government normally consists of legislature,
executive, and judiciary. Government is a means by which organizational policies are enforced,
as well as a mechanism for determining policy. Each government has a kind of constitution, a
statement of its governing principles and philosophy. Typically the philosophy chosen is some
balance between the principle of individual freedom and the idea of absolute state authority
(tyranny).
While all types of organizations have governance, the word government is often used more
specifically to refer to the approximately 200 independent national governments on Earth, as
well as subsidiary organizations.
Historically prevalent forms of government include monarchy, aristocracy, timocracy, oligarchy,
democracy, theocracy and tyranny. The main aspect of any philosophy of government is how
political power is obtained, with the two main forms being electoral contest and hereditary
succession.
FORMS OF GOVERNMENT

One method of classifying governments is through which people have the authority to rule. This
can either be one person (an autocracy, such as monarchy), a select group of people (an
aristocracy), or the people as a whole (a democracy, such as a republic).
The division of governments as monarchy, aristocracy and democracy has been used since
Aristotle's Politics. In his book Leviathan, Thomas Hobbes expands on this classification.
The difference of Commonwealths consistent in the difference of the sovereign, or the person
representative of all and every one of the multitude. And because the sovereignty is either in one
man, or in an assembly of more than one; and into that assembly either every man hath right to
enter, or not everyone, but certain men distinguished from the rest; it is manifest there can be
but three kinds of Commonwealth. For the representative must needs be one man, or more; and
if more, then it is the assembly of all, or bit of a part. When the representative is one man, then
is the Commonwealth a monarchy; when an assembly of all that will come together, then it is a
democracy, or popular Commonwealth; when an assembly of a part only, then it is called an
aristocracy. Other kind of Commonwealth there can be none: for either one, or more, or all, must
have the sovereign power (which I have shown to be indivisible) entire.
AUTOCRACY
An autocracy is a system of government in which supreme power is concentrated in the hands of
one person, whose decisions are subject to neither external legal restraints nor regularized
mechanisms of popular control (except perhaps for the implicit threat of a coup d'état or
mass insurrection).
A despotism is a government ruled by a single entity with absolute power, whose decisions are
subject to neither external legal restraints nor regular mechanisms of popular control (except
perhaps for implicit threat). That entity may be an individual, as in an autocracy, or it may be a
group, as in an oligarchy. The word despotism means to "rule in the fashion of despots".
A monarchy is where a family or group of families (rarely another type of group), called
the royalty, represents national identity, with power traditionally assigned to one of its
individuals, called the monarch, who mostly rule kingdoms. The actual role of the monarch and
other members of royalty varies from purely symbolical (crowned republic) to partial and
restricted (constitutional monarchy) to completely despotic (absolute monarchy). Traditionally
and in most cases, the post of the monarch is inherited, but there are also elective
monarchies where the monarch is elected.
ARISTOCRACY
Aristocracy (Greek ἀριστοκρατία aristokratía, from ἄριστος aristos "excellent", and
κράτος kratos "power") is a form of government that places power in the hands of a small,
privileged ruling class.
Many monarchies were aristocracies, although in modern constitutional monarchies the
monarch himself or herself has little real power. The term "Aristocracy" could also refer to the
non-peasant, non-servant, and non-city classes in the Feudal system.
An oligarchy is ruled by a small group of segregated, powerful or influential people who usually
share similar interests or family relations. These people may spread power and elect candidates
equally or not equally. An oligarchy is different from a true democracy because very few people
are given the chance to change things. An oligarchy does not have to be hereditary or monarchic.
An oligarchy does not have one clear ruler but several rulers.
Some historical examples of oligarchy are the former Union of Soviet Socialist Republics. Some
critics of representative democracy think of the United States as an oligarchy. The Athenian
democracy used sortition to elect candidates, almost always male, Greek, educated citizens
holding a minimum of land, wealth and status.
A theocracy is rule by a religious elite; a system of governance composed of religious institutions
in which the state and the church are traditionally or constitutionally the same entity.The
Vatican's (see Pope), Iran's (see Supreme Leader), Tibetan government's (see Dalai
Lama), Caliphates and other Islamic states are historically considered theocracies.
DEMOCRACY
In a general sense, in a democracy, all the people of a state or polity are involved in making
decisions about its affairs. Also refer to the rule by a government chosen by election where most
of the populace are enfranchised. The key distinction between a democracy and other forms of
constitutional government is usually taken to be that the right to vote is not limited by a person's
wealth or race (the main qualification for enfranchisement is usually having reached a certain
age). A democratic government is, therefore, one supported (at least at the time of the election)
by a majority of the populace (provided the election was held fairly). A "majority" may be defined
in different ways. There are many "power-sharing" (usually in countries where people mainly
identify themselves by race or religion) or "electoral-college" or "constituency" systems where
the government is not chosen by a simple one-vote-per-person headcount.
In democracies, large proportions of the population may vote, either to make decisions or to
choose representatives to make decisions. Commonly significant in democracies are political
parties, which are groups of people with similar ideas about how a country or region should be
governed. Different political parties have different ideas about how the government should
handle different problems.
Liberal democracy is a variant of democracy. It is a form of government in which representative
democracy operates under the principles of liberalism. It is characterised by fair, free, and
competitive elections between multiple distinct political parties, a separation of powers into
different branches of government, the rule of law in everyday life as part of an open society, and
the protection of human rights and civil liberties for all persons. To define the system in practice,
liberal democracies often draw upon a constitution, either formally written or uncodified, to
delineate the powers of government and enshrine the social contract. After a period of sustained
expansion throughout the 20th century, liberal democracy became the predominant political
system in the world. A liberal democracy may take various constitutional forms: it may be
a republic, such as France, Germany, India, Ireland, Italy, Taiwan, or the United States; or
a constitutional monarchy, such as Japan, Spain, or the United Kingdom. It may have
a presidential system (Argentina, Brazil, Mexico, or the United States), a semi-presidential
system (France, Portugal, or Taiwan), or a parliamentary
system (Australia, Canada, Germany, Ireland, India, Italy, New Zealand, or the United Kingdom).
REPUBLICS
A republic is a form of government in which the country is considered a "public matter" (Latin: res
publica), not the private concern or property of the rulers, and where offices of states are
subsequently directly or indirectly elected or appointed rather than inherited. The people, or
some significant portion of them, have supreme control over the government and where offices
of state are elected or chosen by elected people. A common simplified definition of a republic is
a government where the head of state is not a monarch. Montesquieu included
both democracies, where all the people have a share in rule, and aristocracies or oligarchies,
where only some of the people rule, as republican forms of government.
Other terms used to describe different republics include Democratic republic, Parliamentary
republic, Federal republic, and Islamic Republic.
PHILIPPINE GOVERNMENT
The Government of the Philippines is the national government of the Philippines. It is governed
as unitary state under a presidential representative and democratic and
a constitutional republic where the President function as both the head of state and the head of
government of the country within a pluriform multi-party system.
The government has three interdependent branches: the legislative branch, the executive
branch, and the judicial branch. The powers of the branches are vested by the Constitution of
the Philippines in the following: Legislative power is vested in the two-chamber Congress of the
Philippines—the Senate is the upper chamber and the House of Representatives is the lower
chamber.
Executive power is exercised by the government under the leadership of the President. Judicial
power is vested in the courts with the Supreme Court of the Philippines as the highest judicial
body.
LEGISLATIVE POWER
The legislative power is vested in the Congress of the Philippines which consists of the Senate of
the Philippines Senate and House of Representatives. The upper house is located in Pasay City,
while the lower house is located in Quezon City. Both are in Metro Manila. The district and
sectoral representatives are elected for a term of three years. They can be re-elected but they
may not run for a fourth consecutive term.
Senators are elected to a term of six years. They can be re-elected but may not run for a third
consecutive term. The House of Representatives may opt to pass for a vacancy of a legislative
seat, which leads to a special election. The winner of the special election will serve the unfinished
term of the previous district representative, and will be considered as one elective term. The
same rule also applies in the Senate, however it only applies if the seat was vacated before a
regular legislative election.
The current President of the Senate is Vicente Sotto, III, while the current Speaker of the House
of Representatives is Gloria Macapagal-Arroyo.
Legislative Power:

 National Government
o Senate
o House of Representatives
 Local Government
o Sangguniang Panlalawigan
o Regional Legislative Assembly
o Sangguniang Panlungsod
o Sangguniang Bayan
o Sangguniang Barangay
EXECUTIVE POWER
The highest official is elected separately from the President by popular vote. The Vice President
is first in line to succession if the President resigns, is impeached or dies. The Vice President is
usually, though not always, a member of the president's cabinet. If there is a vacancy in the
position of vice-president, the President will appoint any member of Congress (usually a party
member) as the new Vice President. The appointment must then be validated by a three-fourths
vote of the Congress.
Executive leadership:

 National government
o President
o Vice-President
o Cabinet Secretaries
 Local government
o Provincial/Regional Governor
o Provincial/Regional Vice-Governor
o City/Municipal Mayor
o City/Municipal Vice-Mayor
o Barangay Captain/Barangay Chairman
JUDICIAL POWER
The judicial power is vested in the Supreme Court of the Philippines and lower courts established
by law. The Supreme Court, which has a Chief Justice as its head and 14 Associate Justices,
occupies the highest tier of the judiciary. The justices serve until the age of 70. The justices are
appointed by the president on the recommendation of the Judicial and Bar Council of the
Philippines. The sitting Chief Justice is Maria Lourdes Sereno, the 24th to serve in that position...
Other court types of courts, of varying jurisdiction around the archipelago, are the:

Lower Collegiate Courts:

 Court of Appeals
 Court of Tax Appeals
 Sandiganbayan
Regular Courts:

 Regional Trial Courts

 Municipal Circuit Trial Courts
Muslim Courts

 Sharia District Courts

 Sharia Circuit Courts

WHAT IS LAW?
Law is a system of rules that are created and enforced through social or governmental
institutions to regulate behavior. It has been defined both as "the Science of Justice" and
"the Art of Justice". Law is a system that regulates and ensures that individuals or a community
adhere to the will of the state. State-enforced laws can be made by a collective legislature or by
a single legislator, resulting in statutes, by the executive through decrees and regulations, or
established by judges through precedent, normally in common law jurisdictions. Private
individuals can create legally binding contracts, including arbitration agreements that may elect
to accept alternative arbitration to the normal court process. The formation of laws themselves
may be influenced by a constitution, written or tacit, and the rights encoded therein. The law
shapes politics, economics, history and society in various ways and serves as a mediator of
relations between people.
A general distinction can be made between (a) civil law jurisdictions, in which a legislature or
other central body codifies and consolidates their laws, and (b) common law systems, where
judge-made precedent is accepted as binding law. Historically, religious laws played a significant
role even in settling of secular matters, and is still used in some religious communities.
Islamic Sharia law is the world's most widely used religious law, and is used as the primary legal
system in some countries, such as Iran and Saudi Arabia.
The adjudication of the law is generally divided into two main areas. Criminal law deals with
conduct that is considered harmful to social order and in which the guilty party may be
imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with
the resolution of lawsuits (disputes) between individuals or organizations.
Law provides a source of scholarly inquiry into legal history, philosophy, economic
analysis and sociology. Law also raises important and complex issues concerning equality,
fairness, and justice.
LAW IN THE PHILIPPINES
Governmental Forms of law Vested to
Function/Power
Constituent Constitution and Amendments  Congress of the
Philippines (convening as
Constituent Assembly)
 Elected delegates (convening
as Constitutional Convention)
 People (through people's
initiative and constitutional
ratification)
Electoral  Votes
Commission on Elections
 Election Returns
 Certificates of Canvass
 Election Proclamations
Legislative  Statutes Congress of the Philippines
 Resolutions
 Legal codes
 Certificates of Confirmation
  Legislation and Ordinances
(local)
Executive  Treaties President of the Philippines
 Executive Agreement
 Executive Orders
 Proclamations
 Administrative Orders
 Official Decrees
 Other Executive Issuances
Judicial  Judgments and Court Supreme Court and in such lower
Decisions courts as may be established by
 Orders law.
 Resolutions
 Administrative matters and
Judicial rules
Administrative  Regulations Bureaucracy
 Administrative Judgments
 Orders
 Ordinances

WHAT IS CONSTITUTION?
A constitution is a set of fundamental principles or established precedents according to which
a state or other organization is governed. These rules together make up, i.e. constitute, what the
entity is. When these principles are written down into a single document or set of legal
documents, those documents may be said to embody a written constitution; if they are written
down in a single comprehensive document, it is said to embody a codified constitution. Some
constitutions (such as the constitution of the United Kingdom) are uncodified, but written in
numerous fundamental Acts of a legislature, court cases or treaties.
Constitutions concern different levels of organizations, from sovereign states to companies and
unincorporated associations. A treaty which establishes an international organization is also its
constitution, in that it would define how that organization is constituted. Within states, a
constitution defines the principles upon which the state is based, the procedure in which laws
are made and by whom. Some constitutions, especially codified constitutions, also act as limiters
of state power, by establishing lines which a state's rulers cannot cross, such as fundamental
rights.
The Constitution of India is the longest written constitution of any sovereign country in the
world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146,385
words in its English-language version, while the Constitution of Monaco is the shortest written
constitution, containing 10 chapters with 97 articles, and a total of 3,814 words.
PHILIPPINE CONSTITUTION
The Constitution of the Philippines is the constitution or supreme law of the Republic of
the Philippines. Its final draft was completed by the Constitutional Commission on October 12,
1986 and was ratified by a nationwide plebiscite on February 2, 1987.
Three other constitutions have effectively governed the country in its history: the 1935
Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.
The earliest constitution establishing a "Philippine Republic," the 1899 Malolos Constitution, was
never fully implemented throughout the Philippines and did not establish a state that was
internationally recognized, due in great part to the ongoing American invasionduring the time of
its adoption.
BACKGROUND
Ruling by decree during the early part of her tenure and as a president installed via the People
Power Revolution, President Corazon Aquino issued Proclamation No. 3 on March 25, 1986 which
abrogated many of the provisions of the then 1973 Constitution adopted during the Marcos
regime including the unicameral legislature (the Batasang Pambansa), the office of Prime
Minister, and provisions which gave the President legislative powers. Often called the "Freedom
Constitution," this constitution was only intended as a temporary constitution to ensure the
freedom of the people and the return to democratic rule. A constitutional commission was soon
called to draft a new constitution for the country.
The Constitutional Commission was composed of fifty members appointed by Aquino from
varied backgrounds including several former members of the House of Representatives, former
justices of the Supreme Court, a Roman Catholic bishop, and political activists against the Marcos
regime. The Commission elected Cecilia Muñoz-Palma, a former Associate Justice of the Supreme
Court, as its president. Several issues were of particular contention during the Commission's
sessions, including the form of government to adopt, the abolition of the death penalty, the
retention of the U.S. bases in Clark and Subic, and the integration of economic policies into the
constitution. Lino Brocka, a film director and political activist who was member of the
Commission, walked out before the constitution's completion, and two other delegates dissented
from the final draft. The Commission finished the final draft on October 12, 1986 and presented
it to Corazon Aquino on October 15. The constitution was ratified by a nationwide plebiscite on
February 8, 1987.
STRUCTURE AND CONTENT
Preamble
The preamble introduces the constitution and the source of sovereignty, the people. It follows
the pattern in past constitutions, including an appeal to God. The preamble reads:
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.
Article I – 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 their breadth and
dimensions, form part of the internal waters of the Philippines.
Article II – Declaration of Principles and State Policies
Article II lays out the basic social and political creed of the Philippines, particularly the
implementation of the constitution and sets forth the objectives of the government. Some
essential provisions are:

 The Philippines is a democratic republic

 Renunciation of war as a form of national policy
 Supremacy of civilian over military authority
 Separation of church and state (inviolable)
 Pursuit of an independent foreign policy
 Abrogation of nuclear weaponry
 Family as the basic unit of the state
 Role of youth and women in nation-building
 Autonomy of local governments
 Equal opportunity for public services and the prohibition of political dynasties
Article III – Bill of Right
Article III enumerates specific protections against the abuse of state power, most of which are
similar to the provisions of the U.S. Constitution. Some essential provisions are:

 a right to due process and equal protection of law

 a right against searches and seizures without a warrant issued by a judge
 a right to privacy
 The right to freedom of speech and expression, freedom of the press, freedom of assembly,
and the right to petition
 The free exercise of religion
 a right of abode and the right to travel
 a right to information on matters of public concern
 a right to form associations
 a right of free access to courts
 the right to remain silent and to have competent legal counsel
 a right to bail and against excessive bail conditions
 a right to habeas corpus
 the right to a speedy trial
 the right against self-incrimination
 the right to political beliefs and aspirations
 a prohibition against cruel, degrading, or inhuman punishment
 protection providing for no imprisonment for debt
 the right against double jeopardy
 prohibition of ex post facto laws and bills of attainder.
Similar to U.S. jurisprudence and other common law jurisdictions, the scope and limitations of
these rights have largely been determined by the Supreme Court through case law.
Article IV – Citizenship
Article IV defines the citizenship of Filipinos. It enumerates two kinds of citizens: natural-born
citizens and naturalized citizens. Natural-born citizens are those who are citizens from birth
without having to perform any act to acquire or perfect Philippine citizenship. The Philippines
follows a jus sanguinis system where citizenship is mainly acquired through a blood relationship
with Filipino citizens.
Natural-born citizenship forms an important part of the political system as only natural-born
Filipinos are eligible to hold high offices, including all elective offices beginning with a
representative in the House of Representatives up to the President.
Article V – Suffrage
Article V mandates various age and residence qualifications to vote and a system of secret ballots
and absentee voting. It also mandates a procedure for overseas and disabled and illiterate
Filipinos to vote.
Article VI – Legislative Department
Article VI provides for a bicameral legislature called the Congress composed of the Senate and
the House of Representatives. It vests upon Congress, among others, the power of investigation
and inquiry in aid of legislation, the power to declare the existence of a state of war, the power
of the purse, the power of taxation, and the power of eminent domain.
Article VII – Executive Department
Article VII provides for a presidential form of government where the executive power is vested
on the President. It provides for the qualification, terms of office, election, and power and
functions of the President. It also provides for a Vice President and for the presidential line of
succession.
Article VIII – Judicial Department
Article VIII vests the judicial power upon the Supreme Court and other lower courts as may be
established by law (by Congress). While the power to appoint justices and judges still reside with
the President, the President may only appoint nominees pre-selected by the Judicial and Bar
Council, a body composed of the Chief Justice of the Supreme Court, the Secretary of Justice, the
Chairs of the Senate and House Committees on Justice, and representatives from the legal
profession.
Article IX – Constitutional Commissions
Article IX establishes three constitutional commissions: the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.
Article X – Local Government
Article X pursues for local autonomy and mandates Congress to enact a law for the local
government, now currently the Local Government Code.
Article XI – Accountability of Public Officers
Article XI establishes the Office of the Ombudsman which is responsible for investigating and
prosecuting government officials. It also vests upon the Congress the power to impeach the
President, the Vice President, members of the Supreme Court, and the Ombudsman.
Article XII – National Economy and Patrimony
Article XIII – Social Justice and Human Rights
Article XIV – Education, Science and Technology, Arts, Culture and Sports
Article XV – The Family
Article XVI – General Provisions
Article XVII – Amendments or Revisions
Article XVIII – Transitory Provisions
The Constitution also contains several other provisions enumerating various state policies
including, i.e., the affirmation of labor "as a primary social economic force" (Section 14, Article
II); the equal protection of "the life of the mother and the life of the unborn from conception"
(Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1);
the recognition of Filipino as "the national language of the Philippines" (Section 6, Article XIV),
and even a requirement that "all educational institutions shall undertake regular sports activities
throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1,
Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights
without accompanying legislation has been the subject of considerable debate in the legal sphere
and within the Supreme Court. The Court, for example, has ruled that a provision requiring that
the State "guarantee equal access to opportunities to public service" could not be enforced
without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance
candidates" in presidential elections. But in another case, the Court held that a provision
requiring that the State "protect and advance the right of the people to a balanced and healthful
ecology" did not require implementing legislation to become the source of operative rights.