POLITICS AND GOVERNANCE Prelim Reviewer
the constitutional frame work.
Concepts of Politics and Governance
POLITICS- from the Greek word politeia or polis
-means CITY
-implies government or citizenship (Latin term)
-people with government as a society or community and the
management of public affairs (World Book Dictionary)
-“power game” that is the struggle for power individually or
collectively whereby he who is in power may compel another
to comply with what he wanted him to.
-HE WHO IS IN POWER HAS ALSO THE AUTHORITY OR
INFLUENCE TO MAKE ANOTHER FOLLOW HIM.
Importance of the Study
-Man by nature is a “social animal”
-In order to live, he must be with people who by their instinct
of survival were a power grabber.
-Man wants to dominate others to ensure that his interest be
best served by those whom he over powered.
-Aim of the study = TO REGULATE THIS STRUGGLE FOR
POWER AMONG MEN IN ORDER TO PRESERVE PEACE AND
ORDER IN EVERY SOCIETY.
Politics as a Science
-Study of Politics is based on accumulated experiences of the
human race which obtained through long time observations
and experimentations as to the behavior of men in their
struggle for power which perhaps “started with TRIAL AND
ERROR and later perfected into a scientific method.”
-Political Science
-Society is the Laboratory
-People is the Subject
-Matter which cannot be dictated to what to do with their
unique personalities and multifarious interests.
Purpose of the Study
-The Government as an institution was invented primarily to
regulate this quest for power either alone or with others
seeing to it that said struggle for power must be done within
Compromise as a Key for Progress
-Purpose of regulating Politics in action is coexistence amidst
the conflicting political ideologies in the political arena.
-UNITY IN DIVERSITY
-It is a question of what one can sacrifice wherein both
concerned have to be served.
-Compromise in terms of satisfying our basic needs at the
minimum with the end in view of coexistence among all
concerns regardless of cultural and personal/sectoral
differences.
Legal Functions
-Government as an institution may impose such compromise
in terms of policies or laws enacted for the purpose so that
peace and order can be achieved or to attain progress and
development which is otherwise unattainable should there
be chaos brought about by uncompromising citizens.
-Function of the law is to compel the citizens concerned to
follow and observe the compromise formula under pain of
penalty should they violate the same.
GOVERNANCE
-Specific acts of governing the country or state
-Acts of Governance is undertaken by the Government as an
institution composed of people entrusted with the
management of public affairs.
-Government is the aggregate of authorities which rule a
society.
-US vs. Dorr, 2 Phil. 339
Government Functions
-Legislative branch = to pass laws (Senate, H of Rep)
-Executive Branch = enforce the laws (Pres.-Brgy Capt)
-Judicial Branch = if there is an issue of interpretation, they
settle the controversy (Supreme Court- diff. Trial Courts)
Government distinguished from Administration
-Government as an institution is PERMANENT
-Administration constituted by PEOPLE (Political Party) who
are entrusted with the management of public affairs at a
certain point in time.
-Temporary in Character
Tenure distinguished from Term of Office
-Term of Office = fixed period of time within which an elective
public officer may or ought to hold a public office as provided
for by law.
Executive Pres.- 1 term of 6 yrs w/out re-election
Departm
ent VP- 2 consecutive terms allowed w/ 6yrs per
term
Legislative Senate- 2 consecutive terms allowed w/ 6yrs
Departme per term
nt
District and Part-list Rep.-3 consecutive terms
allowed w/ 3yrs per term
Judicial No term limit- but they mandated to hold
Departm office during good behavior until they reach
ent the age of 70 or become incapacitated to
discharge the duties of their office.
Tenure of office = period of time within which the public
officer actually holds a public office.
Origin of Government
-Theories do not really settle the facts as regards the origin of
the state.
-Law is already a proven fact while theory appears to remain
as a continuing question as to whether the same is true or
not.
-Theory does not settle all the issues as to the facts of state
origin to the full satisfaction of reason.
Social Contract Theory
-Jean Jacques Roasseau (French Philosopher)
-17th Century
-During the dawn of man’s history on earth, people were
100% free.
-People could do everything they wanted to even against one
another without fear of being held responsible for whatever
they did.
-People were killing one another in addition to their being
prey to the danger of nature.
-Man was alone by himself to defend his personal interest
from one another as much as he was alone as well in
defending from the nature’s prey.
Organized Government
- Men gave up a portion of their liberty and deposited the
same to an institution which they called a government with
authority more than enough to quell any danger posed by
any or some individuals who may cause threat to the
community.
Objectives of a Government
-Government was instituted for no other purpose but to
promote the general welfare, so that the Government which
does not serve the people does not serve its purpose and
worth replacing.
-It means to elect people running for any position in the
government those who are only qualified in terms of
capability and honesty as well as to appoint only those people
with similar qualifications.
Kinds of Government
I. As to number of people exercising governmental authority:
1. a. Absolute Monarch –where the King (Monarch)
has absolute power over the subjects.
1. b. Limited Monarch – with limited powers as
provided for in the constitution for the purpose.
2. Aristocracy – the governmental power is held by few
elite members of the society.
3. Democracy – the people themselves govern thru the
majority rule.
3. a. Direct Democracy – the people themselves
directly manage the public affairs.
3. b. Representative Democracy – people run the
affairs of the Government thru their representatives
elected by them periodically, who in turn appointed
appointive officials in the Government
II. As to the sharing of governmental power between the
national and local governments
1. Unitary – power of the government is highly
centralized in the National Government.
2. Federal Government – set of powers to govern is
shared between the national and local government
III. As to relationship between the Executive and the
Legislative Departments, government is divided between a)
presidential and b) parliamentary
Basic Features of Presidential Form of Government
*President can only be removed from office before expiration
of his term by way of impeachment upon grounds provided
for in the Constitution and upon the initiative of the House of
Representatives with the Senate as the sole judge with the
2/3 votes of all members
(Sec. 3 Art. XI 1987 Phil. Constitution)
Separation of Powers = being independent from one another.
-Legislature is bicameral:
-Senate
-House of Representatives
-Both houses are independent from one another and have
equal powers, therefore the law passed by Congress shall be
approved by both Houses.
Parliamentary Form of Government
-Headed by a Prime Minister = elected by the members of the
Parliament among themselves.
-As such, the Prime Minister has no fix term of office since he
can be removed by the parliament by electing a new Prime
Minister.
-Parliament (Legislature) – is unicameral which means
composed of only 1 legislative body.
-Prime Minister is subordinated to the Parliament.
-Members of the Parliament are elected by the people for a
fix term of office in every legislative district nationwide.
Politics of Lordism
-Presidential, VP, and Senatorial races under the present set-
up is too expensive considering the poverty of the society
-Candidates therefore are compelled to make deals with
Gambling Lords, Drug Lords, Business Lords, Land Lords, and
Lords of Different Religions (for finance or solid votes).
-For this reason the perpetuation of the corrupt practices as
payment for political debts in different forms.
Personal Oriented Politics
- Filipino Society is dominated by the poor who entangle their
future with the winning of the candidates whom they support
who in turn promise them employment, business
opportunities or political connections.
-People vote/support candidates based on their personal
interest instead of voting/supporting the candidates with
program of governance anchored on valid political issues.
-Avid followers resort to dirty tricks in politics to make their
candidates win thus roots of dirty politics in terms of massive
vote buying, election violence and cheating.
Division of the Filipino Society
-The system of paying back political debts in terms of
replacing the employees who are the followers of the losing
candidates with the followers of the winning candidates
perpetually and periodically divide the Filipino society due to
politics every time there is a political exercise which occur
every 3 years.
Political Reform (Suggestion)
-Members of parliament will be elected from the respective
legislative district (very small are to campaign), hence not
expensive, and eliminates Politics of Lordism.
-As member of Parliament, that person just needs to be a
good legislator.
Close Cooperation
-Prime Minister is chosen by the members of the parliament,
and holds office only as long as he enjoys the confidence of
the members of parliament
= high level of cooperation between the executive and
legislative branches.
De Jure Government
-Assumed power by way of the constitutional process, the
transition is in accord with the manner provided for in the
constitution.
De Facto Government
-Assumes power thru extra constitutional method usually
thru a revolution whether peaceful or bloody.
Cory Aquino Administration
-Installed by the direct action of the people on Feb. 25,
1986 thru People Power Revolution (EDSA I), was a de facto
government because it assumed in power not in accord with
the 1973 Constitution.
-With the adoption of the 1987 Constitution on Feb. 2, 1987,
it had become De Jure Government.
(Lawyers League for Better Philippines vs. Corazon C. Aquino,
GR No. 73748, May 22, 1986)
-Held that the people have made judgment and have
accepted the Government of President which is in effective
control of the entire country so it is not merely a de facto
government but in fact and in law a de jure government.
GMA Administration
- GMA Administration which assumed power on January 20,
2001 thru “EDSA 2” which ousted then President Joseph
Estrada.
-Was considered a de jure government upon assumption.
-According to the SC, GMA assumed power by succession as
she was the VP at the time and then President Estrada was
deemed to have resigned by his act of abandoning
Malacañang at the height of withdrawal of support to his
government including his own cabinet members
-(Joseph Ejercito Estrada vs. GMA, GR No. 146738, March 2,
2001)
-GMA assumed the presidency by succession not thru the
revolution known as EDSA 2.
Weakness of Democracy
-People themselves by reason of poverty sell votes to corrupt
candidates who are making politics a lucrative business.
-Corrupt politicians invest so much during the election
campaign in terms of a massive vote buying directly or
indirectly and once elected, they use their powers to a mass
more wealth to ensure another investment for the next
election.
-Any candidate who wins and was invested by business
tycoons, would be politically indebted to the said
businessman who would be paid in terms of government
contracts with high return of investments but highly
prejudicial to the public.
Not a Hopeless case
-It will take a long and tedious process of over hauling both
the political system and the economic order as well, including
massive values education and cultural reorientation.
Filipinism
0 Issue of graft and corruption as well as poverty in the
Filipino society is not that simple, rather has something to do
with their long historical background of slavery to foreign
domination to the effect that they have lost their identity as a
Filipino nation.
-They hated being a Filipino dispensing almost everything
that can be associated with Filipinism.
-The need to establish a common identity of Filipinism,
something that the majority of the Filipino people believe in.
Functions of Government
1. Constituent Functions – functions of government
being the rationale or the very reasons why the
government has been constituted such as the
maintenance of peace, health and similar activities
as an attribute of governance.
2. Ministrant Functions– proprietary functions which is
optional for the government to perform, such as
electrification, establishing of public market,
housing, etc.
POLITICAL IDELOGIES
Ideology – a set of ideas relative to a system of living that a
given society adheres to as a way of life.
Importance of Ideologies in One’s life
-It becomes his personal values that determines his behavior
which by itself considered as his personal and ultimate goal
with idealism.
-It becomes his life standard as the meaning per se of his life
that he considers is worth “dying for” if need be.
-An ideology is manifested by the facts that as a system of
living in a given society, the same determines the institutional
structures of both the economic and political system of the
society.
Laissez Faire
The western type of democracy that produces western-
oriented republican states likewise accrued with them the
capitalist system of economy known as “Laissez faire.”
Socialism
-As an ideology enunciated greater participation by the
Government on economic activities to ensure more equitable
distribution of the economic benefits for the members of the
society.
KINDS OF POLITICAL IDEOLOGIES
Different ideologies are the reflection of the people’s
struggles for the better expressed through the philosophical
foundation of man as the emphasis with all the social
institutions being considered as mere instruments to attain
the betterment of man in relation to time and the society he
lives in.
 Anarchism
-Literally means “no government” with no restraint
except his own weakness in relation to the strength
of another.
- Mikhail Bakunin, a Russian advocate (1814-1876)
- Anarchists argued that the only authority that has
moral and legitimate force is the authority that each
individual gives to himself, for nobody can be
constrained to perform any act unless the act
derives from his own independent will.
- The individual rights to legislate for himself is
inalienable.
- Each citizen is “his own legislator”
- Anarchists opposed to any institutional restraints
that compromises individual freedom.
- It is anchored on the philosophy that knowledge of
the truth would make men free, the precondition for
freedom and equality
- Anarchists argued that cooperation as a process
will come along as a natural course of life whereby
people work together to achieve a common goal.
 Capitalism
- 16th Century England
- Akin to that of
Anarchism with emphasis on economic activities
whereby the “let alone” policy is vivified with the
least interference as can be possible from the
government.
- Evil of capitalism however was seen with the
capitalists’ insatiable desire for more wealth out of
what they have.
- “Wealth begets wealth” so that the rich getting
richer and the poor getting poorer as the latter have
no wealth to create wealth for themselves.
- The monopoly of becoming rich by the wealthy to
the prejudice of the poor who are exploited but
compelled to work for their daily survival and that of
their families.
 Liberalism
- Advocates for the freedom of the individuals and
the government guarantees for their human rights
and civil liberties.
- Same was the assertion of the philosophical cry
during the French revolution in the
18th century for “fraternity, equality, and liberty.”
- Fraternity means people are brothers to one
another
- Equality means that they are equal with one
another regardless of race and country of origin.
- Liberty means individual freedom and/or exercise
of one’s freewill within the constitutional framework
of a given state.
- Liberalism is anchored on equal opportunity among
men for individual self-development.
 Conservatism
- Adheres to the preservation of existing conditions
and institutions.
- It resists changes and preserves the status quo and
perpetuates the same.
- The conservative refused to initiate change,
especially the long established institutions which
have earned respect and reverence with the lapse of
time.
- Should new policies have to be adopted, a careful
evaluation and an extensive discussion shall be
undertaken in order to ensure a positive result.
 Communism
 - Adheres to the common ownership of the
properties, especially the means of production.
- Common ownership is ascribed to the state which
is managed and controlled by the communist party
as the guardian or care taker of the same.
- Political thought is “From him according to his
ability and to him according to his needs.”
- Every member of the community is required to
contribute according to his capability in the creation
of wealth and shall get the share therefrom
according to his needs.
- Individual liberty or benefit can be sacrificed for the
common good because the “end justifies the
means.”
- Everyone can be used to attain the common goal as
set forth by the communist party leadership
- Advocates contend that where there is unequal
distribution of wealth, there will inevitably few who
will exploit the many since the few wealthy will
definitely be the depository of political and
economic power.
 Socialism
- Derivative of both communism and capitalism.
- Its communist aspect is expressed in its basic
features which advocates for the control by the state
of the basic industries of vital importance.
- Capitalism is expressed through the exercise by the
citizens of laissez-faire policy with respect to the
industries of no vital importance.
 Authoritarian Socialism
- Most states is basically socialist and that
most governments are authoritarian.
- Concentration of powers to the few elite
members of society which greatly influence
the economic wellbeing of the great
majority of the citizenry
- Influenced by religious dogmas that were
applied and institutionalized as a political
authority with its economic policy that the
economic enterprise must suit the need of
the whole society more than the self-
interest of the individual entrepreneurs.
 Democratic Socialism
- Anchored on the rights of the workers to
organize political parties in order to actively
participate in the shaping especially of the
economic policies thru the trade unionism.
- It is the check and balance of the
unbridled and insatiable desire of the few
capitalist to acquire more wealth amidst the
sufferings of the majority poor brought
about by poverty
 Fascism
- Advocates a totalitarian system of government with
dictatorship anchored on strong nationalism or even
racism.
- Nazism Germany under Adolf Hitler and followed
by Beneto Mussolini in Italy (1922-1943).
- Strong leadership with his characteristic appeal
claimed for his infallible judgment that demands
unquestionable obedience from his followers.
- Fascism thrives where dictatorship is the rule
usually among the depressed countries with
prevailing poverty and large scale exploitation of the
working masses where usually a strong leader arose
as Messiah (Savior).
-Heinrich Himmler- Emphasized on the mistake of
the present conditions without giving a clear
alternative to correct the system as the same is left
to the wisdom of the leadership whose action is
basically circumstantial in that it may always depend
upon his mode based on given circumstances.
- In both Italy and Germany, Fascism was
characterized with extreme violence as a mode of
power acquisition.
- System of governance were highly dictatorship and
the great number of people subjected to threat,
intimidation, physical coercion, unjust exertion of
force and the use of unduly influence which
practically weakened any attempt of opposition.
 Marxism
- Karl Marx (1818-1883)
- Was induced by the
Industrial revolution in
England with its accrued exploitation of the working
masses by the few capitalists.
- Karl Marx divided the social classes into the
capitalist who owned properties and the means of
production known as “bourgeoisie” and the working
class known as the “proletariat.”
- There is a continuous struggle between the two
classes due to their conflicting interest which at the
proper time shall culminate into a bloody
confrontation whereby at the end, the proletariat
shall prevail.
- The proletariat is destined to rise to power either
thru peaceful means or of violent change where
democracy could be a working reality under the
dictatorship of the proletariat with the means of
production of the economic goods and services
under the control of the state.
- Utopia (ideal state) is one where the distribution of
goods and services was according to the individual
need: international boundaries and state sovereignty
disappeared and Cultural Revolution had affected
 change whereby men naturally to identify their
interest with collective good and general welfare of
the entire society.
 Leninism
- Russian socialist
Vladimir Llyicch
Lenin in 1902
- It envisioned that his revolutionary party would
become successful if the same should be composed
of both the workers and the intellectuals to work
vigorously for the interest of the working class.
- Role of the party was to counter act the repressive
aristocracy of the Tzarist state which prohibited a
working class organization.
- Lenin believed that if allowed with their own
resources to transcend to what he called a “Trade
Union consciousness” to work for better conditions
for the working class.
- The advance stage of capitalism would colonize the
third world countries to become their marker place.
- This policy is known as “Capitalist Imperialism”
which is happening now with the Global Economy.
 Trotskyism
- Leon Trotsky
- Doctrine of “permanent revolution” where the
revolution could succeed, sustain and be extended
beyond the borders of
Russia all over Europe.
 Stalinism
- Joseph Stalin of
Russia (1879-1953) was known for his rigid
suppression of dissident political or ideological views
with the concentration of power in one person, and
an aggressive international policy.
- At present, it symbolizes an extreme and rigid
bureaucratic centralization of political power in the
person of the one leader who dominates both the
party and the state.
 Titoism
- Political leader of Yugoslavia (1930s)
- Non-coercive style of communistic government
that permits a certain leeway for free exchange of
ideas.
- The workers had the right to articulate their
legitimate demands which was recognized by the
state.
- Workers also allowed electing their representatives
to the Workers council t actively participate I the
decision making process affecting o management of
the factories.
- LGUs were allowed leeway in the management of
the local affairs and so was the judicial system
allowed certain degree of freedom.
 Chinese Communism
- Peoples Republic of China started to rise in power
due to Mao Tse Tung, a university librarian and
became the Chairman of Chinese
Communist party (1943- 1976).
- The big populations of China then mostly peasants
were living a hand to mouth existence, hence the
power was peasant based with the Agrarian Reform
Program consisted mainly on land distribution.
- “Cultural Revolution” aimed at having grip control
of the party and the inculcating with intensity, the
absolute collective effort and consciousness for total
equality along with the socialist ideology.
- China at present is considered not only an
economic dragon but also the Military giant of Asia
that even ready to challenge the might of the
Western World (USA, France, England)
- Its presence at the West Philippine Se (Panatag
Shoal) is perceived more as challenge to the USA
than a mere provocation against the Philippine
Government.
- Philippines is the strategic American base in Asia,
so any threat against the political sovereignty of the
Philippines is considered a provocation against the
USA.
 Marcosism
- Pres. Ferdinand E. Marcos proclaimed Martial Law
on Sept. 21 1972 to “save the Republic and to form a
new society.”
- He proclaimed Martial Law to save the country
from the imminent communist takeover of the Phil.
Gov. although according to some opposition critics,
the chaos then prevailing was only a ploy of Marcos
himself just for him to create grounds upon which
Martial Law rule could be proclaimed so that he
could perpetuate himself to power.
- The fact couldn’t be denied that there was
communist participation that somehow contributed
to such a degree to make their presence and
demands noticeable.
- Marcos ruled dictatorship of the right wing
anchored on the military strength a distinguished
from the left which was the communist dominated.
 “Democratic Centralism” where he said
that the reforms he initiated must come
from the center interpreted to be the
majority of the Filipino society who are
poor.
 - The revolution was supposedly against the founded on genuine friendship, equality and/or
reactionary who were understood to be the economic and political partnership.
few wealthy individuals who held political
and economic powers.
- This ideology was heavily leaned to the Power, Dimension, Types and Consequences
American oriented democratic ideology, as
in fact all throughout his rule he had backed
up by Washington until he was ousted.
Power-The ability of any one to make other people do as he
- The ailing Marcos plus the squabble for
want them to for whatever reason.
power between his wife Imelda Marcos and
his No. 2 man (Juan Ponce Enrile) together Ex. The Pres. of the Philippines can give orders to the PNP
with the abuses of the military personnel relative to his anti-drugs campaign because he has the
and the indifference of the Filipino people authority.
in general who perceived the deterioration
of their economic conditions amidst the
affluence of the Marcos cronies weaken the Power by Nature
fabric of the new society which was
characterized with dictatorship, -Is self-demanding in the sense that it is spontaneous upon its
incarceration, torture, and even missing holder to exercise the same whenever the condition for its
personalities among those who are critical exercises arises.
of Martial Law.
-There may be an instance where the holder may refrain
himself from exercising the same matter of self-restraint.
- The circumstances at the time were not
conducive for the purpose basically because
the Filipino people then were not yet
psychologically prepared considering their Dimension- Power by nature is dimensional in that it is
historical background in relation to their encompassing or extensive within the extent of its scope or
long association with the Americans during authority given.
the war and peace time. -Power can be exercised to the fullest and to a certain extent.
- The country even became poorer with
political and economic instability -It is limited in the sense that it cannot be applied, used or
institutionalized and the peace and order exercised beyond the scope of its authority given.
situation deteriorated with the NPA and
-We have regards the power of the court, or any government
MNLF promoting social unrest.
agency that so called “Grave abuse of discretion amounting
to lack or in excess of jurisdiction.”

Types of Power
 Dutertism
- After 30 years since Marcos ouster, that produced -There are several classifications of power depending upon
two Aquino presidents, no substantial change had their sources and the manner of their exercise with peculiar
happened to the lives of the majority of Filipino who results or consequences.
have been languishing in poverty.  Economic Power
- The first 100 days of Duterte administration was
marred with criticism by human rights advocates -Refers to such power usually exercised by the employer over
both within the Philippines and the international the employees whereby the latter do whatever their
community such as the US, EU, and UN (anti-drugs employers wanted them to.
campaign).
-Source of power is economic in nature which serves as a
- The unique thing is that he has uncompromising
means of livelihood on the part of those over whom said
anti-US stand and his pronouncement that he might
power is being exercised.
shift to China and Russia as an alternative.
- Considered a manifestation of the
Philippine dissatisfactions with her US relationship
whereby it is perceived that the same is more  Political Power
exploitation to the prejudice of the Filipino than
-Brought by people’s relationship with one another whereby
one person impose his will upon another which the latter
cannot refuse for a valid reason.
 Social Power
-Whereby a person has become so influenced in a given
society at a certain point in time due to his social status and
recognized as such by the other members of the society with
self-esteem.
 Authority
-Power accruing due to one’s position in the government.
-Co-extensive with one’s office as different government
offices have various degrees of authority
 Military Power
-Brought about by the military forces of a given country.
-Power is co-extensive with the strength of that country’s
defense and this can be augmented by the civilian defense
forces.
 Jurisdiction
-Power of the court to try cases and impose its
judgment
-Subject to the laws that determine the degree
and manner of its exercise as well as the persons
over whom the same could be exercised.
 Consequence
-Due and/or undue exercise of the same which consequently
brought either progress or decadence at a given society at a
certain point in time.
-Due exercise of the same refers to the use of such power in
accordance with law and the undue exercise thereof is the
use of it against the law
-The progress of a given society is directly related to the
proper or improper exercise of power.
-Our advocacy to install values upon the citizenry especially
upon the youth towards the lawful, proper and due exercise
of whatever power granted to any individual especially a
public officer.
Sources of Power
-The common sources of power are Influence, authority,
money, love, sex, physical or moral force.
Influence
-There are people who are said to be influential because just
by their mere gestures they can move people.
Authority
-The power vested in a person by virtue of his position in the
government whether elective or appointive also make people
move in consonance with the directives duly issued.
Money, love and Sex
-Money by its economic value command people and so love
and sex with respect to those who succumbed to it.
Physical or Moral Force
-Moved people to follow what is required of them for fear of
any misfortune, disfavour and or antagonism.
Politics in Action
-People usually moved as dictated by their personal interests.
-Since they are created unique, people have varied interests.
-People in many aspects are different from each other but in
some respects they are the same.
-Individually, everyone is vying for his place in the sun and he
wants to push for his interest against that of another with
conflicting interests.
-People with common interests joined together to fight for
common goal as against other groups with conflicting
objectives, thus different sectors are organized in a given
society.
-Different sectors may join together to form a coalition just to
achieve a momentary goal common to them all.
Pressure Groups (People Power)
-People joining together to fight for common goal known as
coalition, federations, etc. is the collective struggle for
powers in terms of sectoral politics.
-This serves as pressure groups because they applied
pressures upon others including the Government in order to
achieve what they wanted (also known as People Power)
Politics among Nations
-The struggle for power either individually or collectively in a
given society at a given point in time is what we call domestic
politics
-While the struggle for power by one nation or a nation
against one another is politics among nations or International
Politics.
-The core international politics is the balance of power
whereby no country shall be allowed to become too powerful
as to endanger the existence of another country, thereby
disturb the world balance of power.
-Hence, the USA cannot allow China to acquire the Phil. Sea
not for the interest of the Filipinos but for the US interest to
ensure maintenance of the world balance of power
Balance of Power
-The maintenance of the “status quo” or the present setup
whereby the incumbent powerful countries such as the USA,
England, France, etc., remain the powerful countries as
against the weaker countries.
World Trade Organization (WTO)
-At present, the proponent of the globalization with its
accrued global economic system is more expressed in terms
of economic struggle thru the WTO.
-The competition nowadays among nations is global
competitiveness in terms of technology and manpower with
the end in view of economic sustenance and advancement
Economic Conditions
-Directly related to our quest for power thru good
governance because while the people remain poor they will
continue to become dependent upon corrupt politicians for
their sustenance
-The key to good governance is to liberate the poor from the
bondage of poverty (People Empowerment).
-As the people are Economically independent, they can freely
choose candidates whom they believe are fit for the positions
without due regard to their respective personal interest
Key to Liberate from Poverty
-The issue of liberating the people from poverty is for the
people themselves to become businessmen so that they
could get the greatest share from the fruits of their labor.
-As long as the people remain employees with salaries and
wages hardly sustain even their basic needs, they remain
poor and therefore hardly care also for their government and
the political power makes the difference.
Digging their Own Grave
-Since when people are extremely poor that their daily
income is not even sufficient for their basic needs for the day
they will be compelled to spend more time working even at
night that will make them physically exhausted the whole day
and night all through their lives.
-Machiavelli’s theory advices to the Prince is for the latter to
ensure that the people he governed should remain extremely
poor.
-So that they may not become a political threat to him as the
people would be pre-occupied with how they could survive all
through the days
Palliative Reforms
-Machiavelli had his follow up advice to the
Prince saying that he should not let the people know that the
prince engineered the peoples’ extreme poverty
-Once the people know that it was the making of the Prince,
the people will definitely stage a rebellion against him and
would be the end of his rule.
-Machiavelli Strongly recommended for the Prince to
implement palliative reforms as to make it appear that the
Prince does care for the plight of the people.
New Economic Order
-The goal nonetheless of making the Filipino masses
businessmen is not an easy task because the economic
condition prevailing nowadays is dominated by big corporate
establishments mostly owned by non-Filipino nationals who
lack nationalism being purely profit oriented and lack of
genuine concern for the lasting development of the Filipino
people.
-Emphasis is on the new economic order must be anchored
on the development of the country’s basic minerals and
products and resources so as to avoid foreign base economy
(call centers and OFW system).
Education Curricula
-It is necessary to review our educational curricula so that our
students may be given proper mind setting towards this
advocacy.
-This may be a culture building as well as values formations
campaign in terms of continuous political education whether
formal or informal with emphasis on Filipinism
(Empowerment of the people thru education – Knowledge is
power)
Filipinization of Educational System
-To filipinize our educational system is to gear the same
towards the development and making productive our idle
land resources and all agricultural products in mass
production with globally competitive quality thru
industrialized and mechanized system of production.
-The state with the use of Police Power must be the prime
mover and if necessary introduced a socialized system of
production and distribution of basic services and
commodities including constitutional amendment should the
same be required to adopt socialism economically and
politically.
Heroism
-Political and economic power are directly related to one’s
self-empowerment thru education which must be anchored
on Filipinism or “love of country”
-It is the power that makes one a hero and the most powerful
motive of one’s existence
STATE, NATION AND GLOBALIZATION
State- The community of people living permanently in a
definite territory with the Government to which they
habitually rendered obedience and with sovereignty.
-A politically organized sovereign community and
independent of outside control, bound by ties of nationhood,
legally supreme within its territory, acting through a
government functioning under a regime of law.
-Collector of Internal Revenue vs. Campos Rueda, 42 SCRA
28).
-A body-politics organized b common consent for mutual
defense and mutual safety and to promote the general
welfare.
Elements of the State
 People
 Territory Government
 Sovereignty
 People- Also known as citizen or nationality of a
given country is what constitute the state itself.
What makes them a community of people is their common
aspirations to achieve a happy life which in the wording of
the Philippine Constitution through “the establishment of a
just and humane society.”
-The disciplined people, the kind of education and values are
factors which are relatively proportionate to the progress and
development of a given state.
-The global economy and the international politics are
likewise factors which somehow affect the status of a given
country simply because as an element of international politics
no state is an island.
 Territory Government-Definite place where the
people permanently live or reside, which includes
land, space and the territorial sea.
-It must be definite in that, its bounds and meters are clearly
defined, fixed size of territory is required as to constitute a
state.
-Geography to a certain extent determines the way of life of
the people which includes climate, weather and the whole
environment with all the natural and mineral resources found
therein
-Destruction of our environment brought about by
indiscriminate mining, logging, dynamite fishing, kaingin,
improper and unsanitary disposal of undegredable and toxic
waste materials have caused loss of lives and untold
sufferings to our people.
-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 terrestrials, 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 breath and dimensions, form
part of the internal waters of the Philippines (Art. 1).
Philippine Archipelago
-Composed of islands situated on the sea, thus more than
7,000 islands and islets are scattered on this portion of the
Pacific Ocean.
Archipelagic Doctrine
-Measured at 3 miles from the shores towards the sea at low
tide beginning at the most outer island in all directions from
which a straight imaginary line is drawn whereby all waters
within the said imaginary line around, between and
connecting the islands regardless of their breath and
dimension or distance from one another form part of the
internal waters as our territorial sea.
Economic Zone
Portion of the water measured 200 miles from the
imaginary line towards the sea over which we have the
exclusive right to exploit marine resources.
Land Territory
-The Philippines is an archipelago consisting of more than
7,000 islands and islets stretching almost a thousand miles
from north to south, the land surface is 114,830 sq. miles,
and is cress crossed with mountain and drained by small
rivers and systems.
-Volcanic in origin, the mountain ranges “forms the circuit
and water sheds of pacific basin of the earth surface
(Agoncillo T. 1981)
Our land Territory constitutes of:
-Those ceded to the US by virtue of the Treaty of December
10, 1898.
--Those defined in the Treaty concluded between the US and
Spain on November 7, 1900, which were not defined in the
Treaty of Paris, specifically the islands of Cagayan, Sulo and
Sibuto.
-Those defined in the Treaty concluded on January 2, 1980
between the US and Great Britain (Turtle and Mangsee
islands).
-The island of Batanes, which was covered under a general
statement in the 1935 ConstitutiThose contemplated in the
phrases “belonging to
The Philippines by historic right or legal title” in the 1973
Constitution.on.
Territorial Sea
-Consisted of all waters around, between and connecting the
islands within the straight imaginary line as established under
the Archipelago Doctrine, regardless of the distance from 1
island to another including their breath and dimensions.
Space Territory
Consisted of the space corresponding to that imaginary line
set forth on our territorial sea, but as to how high it will be,
depends on our capability to protect the same from intrusion
by another country.
Historic or Legal title
-Deemed to mean “Sabah” which is part of the Philippines
according to history with legal title, hence, once we acquire
jurisdiction over Sabah, it will be constitutionally for the
Philippines.
Submarine Areas, etc.
 Seabed = seafloor
 Subsoil = under the earth
 Terrestrial = land
 Fluvial = water
 Submarine areas = under water
 Insular shelves = small islands or islets
Government
-As an institution is composed of people vested with
authority to govern or to manage the affairs of the state.
-Manner by which the power to govern is vested upon them
is by way of an election or appointment.
-Business of managing the affairs of the state is basically
making laws and to execute.
-Our Government is a government of laws, not of men.
-The kind of laws made and the manner by which the same
are executed is largely determined by the kind of people
elected and/or appointed in the
-The duty of the government is to serve the governed in
consonance with the principles that public office is a public
trust and public officers are but public servants.
Viewed from the Law on Agency, the people constituting the
state serve as the principal while the public officials
constituting the government, as an Agent and the
Constitution serve as the Contract of Agency
 Sovereignty
-Attribute of the state which makes it independent and
supreme within its territory
External Sovereignty
-Independence from external control.
-Supreme authority within the state’s territory exercised by
the Government in terms of enforcing laws (also called Legal
Sovereignty).
Characteristics of Sovereignty
-As the supreme authority is also absolute which means
“Total.”
-There can be no other sovereignty in a state except that one
which is duly recognized by the people and exercised through
the legitimate government over which sovereign powers are
vested.
-Sec. 3 Art. XVI 1987 Const.
-“the state may not be sued without its consent.
-Republic vs. Villasor, 54 SCRA 831
-The reason is that there can be no legal right against the
authority which makes the law on which the right depends.
-Should the state be sued at every instance of any citizen,
then the state’s time and resources would be diverted
defending itself in court to the prejudice of public service.
-It is likewise applicable to foreign state when sued in the
local courts. (Syquia vs. Almeda Lopez, 84 Phil. 312).
-The reason is equality among states in which even
international organizations or international agencies may also
be immune from the local jurisdiction of local courts and local
administrative tribunals (Nachura)
Comprehensiveness
It is enforceable all throughout the state’s territory, hence,
there can be no sharing of power to govern, as there is no
sharing of territory for the purpose of governance.
-There should be one sovereignty to govern all throughout
the territory exercised through one legitimate government.
Perpetuity
-Sovereignty is forever as long as the people themselves as a
state exist. It does not prescribe nor can it be taken from
them. Likewise, it is also inalienable, the very reason why
sovereignty is perpetual.
-(Laurel vs. Misa, 77 Phil. 8561)
-Even during Japanese occupation in the Philippines, the
Filipino people ought to maintain allegiance to the USA.
-Reason is that sovereignty being inalienable, it cannot be
taken from them although at the time the exercise of
sovereignty was suspended (Co Kim Chan vs. Valdez, 75 Phil.
113)
-This was so because at the time of the Philippines was under
the USA.
Indivisibility
-It cannot be divided between two states, the reason why it is
absolute
-There can be no sharing of power to govern, thus even the
presence of US bases in the Philippines does not mean that
such portion of the US bases is sharing of Sovereignty
between the Philippines and the USA.
-It was because due to the fact that the Republic of the
Philippines has waived its right to exercise sovereignty over
the US bases in the Philippines only on matters relative to the
military because of the Military bases Agreement concluded
between the two countries
Fundamental Powers of the State
-The state has inherent powers otherwise known as
fundamental powers namely:
 Police Power
 Power of Imminent Domain
 Taxation Power
-These powers are called inherent because they are
considered to have existed with the birth of every state (no
state can ever exist without said powers)
Police Power
-Power of the state exercised through the government to
enact laws and or the power to do anything for the
promotion of public good or welfare.
-It is the most comprehensive and least limitable because it
comprehends anything that can be associated with the
promotion of public welfare and any such activity relative
thereto can be stopped only if the same violates the right to
due process of the person concerned.
-Inchong vs. Hernandez, 101 Phil. 1155
-Police power is superior to individual rights in that the latter
may be sacrificed or limited in favor of the former. Provided
however that due process is observed. This power cannot be
bargained away.
-Fernando vs. SSC, 693 SCRA
-Police Power is the plenary power vested in the legislature to
make statutes and ordinances to promote health, morals,
peace, education, good order or safety and general welfare of
the people.
-Phesechem Industrial Corporation vs. Surigao, 712 SCRA 99
-The state through the legislature has delegated the exercise
of police power to LGUs, as agencies of the state, in order to
effectively accomplish and carry out the declared objects of
their creation.
-Ortigas vs. Feati Bank, 94 SCRA 533; Sangalangm vs.
IAC, 176 SCRA 719).
-The municipal zoning ordinance is a police measure and
prevails over a restriction contained in the title to property.
-Lozano vs. Martinez, 146 SCRA 323
-BP 22 was sustained as not violative of non-impairment
clause and even if were, the law was a police measure and
therefore superior to contracts.
Damnum Abasque Injuria
-(DOLE Phil., Inc. vs. Rodriguez, 678 SCRA 651).
The legitimate exercise of a person’s right, even if it causes
loss to another does not automatically result in an actionable
injury.
-Collins vs. Wolfe, 5 Phil. 297
-Police Power of the State is coextensive with self protection -(Velarima vs. CA, 252 SCRA 400)
and it is aptly armed as “the law of overruling necessity.” It is
-(NPC vs. Gutierrez, 193 SCRA 1)
that inherent and plenary power in the state which enables it
to prohibit all things to the comfort and welfare of society -The exercise of the power of eminent domain does not
always result in the taking or appropriation of title to the
Primicias vs. Fugoso, 80 Phil. 75
expropriated property without loss of title or possession.
-It is the power to prescribe regulations to promote the
-While the Plaintiff is only after a right of way easement, it
health, morals, peace, education, good order or safety and
nevertheless perpertually deprives defendant of their
general welfare of the people.
proprietary rights as manifested by the imposition by the
plaintiff upon the defendants that below said transmission
lines, no plants higher than 3 meters is allowed.
-Eminent Domain
-The high tension current conveyed by the transmissions lines
Power of the state to take private property upon payment of
possess continuing danger to life and limb.
just compensation for public purpose.
Imposition of an easement of a 3 meter strip on plaintiff’s
Elements of Eminent
property was considered taking.
Domain
-(Ayala de Roxas vs. City of Manila, 9 Phil. 215)
-Taking by the Government of any private property
-The municipal ordinance prohibiting a building which impair
-Said private property shall be intended for use by the public the view of the plaza from the highway was likewise
considered taking.
-The owner of the subject property shall be paid with the
market value of the same -(People vs. Fajardo, 104 Phil. 33)

Taking -In both cases it was held that the owners thereof were
entitled to payment of just compensation.
-Means transfer of ownership and possession of the subject
property from the owner as seller to the Government as Public Purpose
buyer.
-The use of the public as distinguished from private use.
-It may include deprivation of the owner of the use of subject
-Welfare of the public in general.
property even if there is no actual taking of the same
whereby ownership and possession thereof remains with the -Even only few are the actual beneficiaries but the public in
owner. general is indirectly benefited, the same satisfies the public
character of its use so long as the taking of the subject
-The owner shall be compensated proportionately to the
property is directly related to the function of governance.
approximated value of the such deprivation.
Scope of Public Use
Even if there is no actual taking of the private property but
the owners of the same is prohibited to use the said property -It is the general concept of meeting public need or public
by the government for the latter’s purpose, then there is an exigency.
exercise of eminent domain to such extent, and the private
-It is not confined to actual use by the public in its traditional
owner must be proportionately compensated.
sense.
-(Stearus vs. Minnesota, 179 US 223)
-The idea that public use is strictly limited to clear cases of
-Where there is taking in the constitutional sense, the use by the public has now been held to be synonymous with
property owner need not file a claim for just compensation public interest, public benefit, public welfare and public
with Commission on Audit, he may go directly to court to convenience.
demand payment.
-(Reyes vs. NHA, GR No. 147511, January 20, 2008).
-(Amigable vs. Cuenca, 43 SCRA 360)
-Public use as a requirement for a valid exercise of eminent
-The owner of the property can recover possession of the domain has become flexible and evolving.
property from squatters, even if he agreed to transfer the
property to the government, until the transfer is
consummated or the expropriation case is filed.
-It is accurate then that at present, whatever may be
beneficially employed for the general welfare satisfies the
requirement of public use.
-(Estate of Salud Jiminez vs. PEZA, GR. No. 137285 January 16,
2001).
-Meaning of public use has also been broadened to cover
uses which while not directly available to the public,
redounded to their indirect advantage or benefit.
-(Heirs of Juancho Ardona vs. Reyes, 125 SCRA 220)
-Greater benefit may be derived by INC members than most
others, such advantage was merely incidental and secondary
in nature and that only few would actually benefit from the
expropriation of the property does not necessarily diminish
the essence and character of public use.
Manosca vs. CA, 252 SCRA 412)
Just Compensation
-Such price at which the seller wants to sell his property and
the buyer wants to buy the same at the time the said
property was taken.
-In case the parties could not agree, then the court shall
decide as to what is a fair market value being considered as
just compensation.
-(Sec. 15, RA 7160) - Local Government Code was enacted
into law, transferring control and responsibility of delivering
basic services to the hands of local government units (LGU).
-PD 76
-REQUIRING ALL PERSONS, NATURAL OR JURIDICAL, OWNING
OR ADMINISTERING REAL PROPERTY, INCLUDING THE
IMPROVEMENTS THEREON, TO FILE SWORN STATEMENT OF
THE TRUE VALUE OF SUCH PROPERTY
-It fixes payment on the basis of the assessment by the
assessor or the declared valuation by the owner of just
compensation was declared unconstitutional since the
determination of the same is a judicial prerogative
-(EPZA vs. Dulay, 148 SCRA 305)
Exercise of Power
Municipal Government units may exercise power of Eminent
Domain by direct authority granted by Congress under Sec.
19 RA 7160.
-The SC held that Sanguniang Panlalawigan of Agusan del Sur
has no authority to disapproved the Municial Resolution of
the BunawanMunicipality exercising eminent domain.
-(Municipality of Parañaque vs. MV Realty Corp., 292 SCRA
676)
The SC disallowed the expropriation of 2 parcels of lands
where it was supported with Sanguniang Bayan Resolutions
for the purpose because what is required by law is Municipal
Ordinance not merely resolution.
Government can be sued
- Even without its consent for nonpayment of just
compensation because the Government cannot be an
instrument to commit injustice against citizens.
Recovery of the Property
- Where the government fails to pay just compensation
within 5 years from the finality of the judgment in the
expropriation proceedings, the owners concerned shall have
the right to recover possession of their property (RP vs.
Vicente Lim, GR. No. 161656, June 29 2005) and taxes paid by
the owner after the taking is reimbursable (City of Manila vs.
Roxas, 60 Phil. 215)
-Title of property does not pass until after payment (Visayan
Refining vs. Camus, 40 Phil. 650) except in Agrarian Reform
(LBP vs. CA, 288 SCRA 404)
Writ of Possession
(Biglang Awa vs. Judge Bacalla, GR. Nos. 139927- 139936,
November 22, 2000)
The issuance of writ of possession becomes ministerial upon
the filing of complaint for expropriation sufficient in form and
substance and upon deposit made by the government of the
amount equivalent to 15% of the fair market value of the
property to be expropriated per current tax declaration.
Taxation Power
-Impose cash contribution upon the citizens in order that the
latter may share the cost of Governance.
-This is in return for the protection and basic services which
the Government gives to the people.
-Prime purpose of taxation is revenue raising which is for the
Government to raise fund in order to finance its activities.
-No Government can ever exist without money to pay for its
employees and to provide funds for its various projects aimed
at providing basic services to the people.
Taxation used as Police Power
-Imposed primarily to regulate certain activities to ensure the
promotion of the general public or to discourage
unwholesome activities.
-When taxes are imposed to raise revenue, it is taxation, but
when it is imposed to regulate certain activities for a
wholesome purpose, then, it is an implement of police
power.
Purposes of Taxation
A. Revenue
-To raise funds for the state to achieve the purpose of
governance.
B. Non-Revenue Purposes
1. Promotion of General Welfare – used as an implement of
Police Power whereby Unwholesome activities are being
discouraged in terms of imposition of high taxes such as sin
tax of cigarettes and liquors.
2. Reduction of inequality – used as an implement of social
justice in terms of progressive system of taxation whereby
those high income earners are made to pay higher taxes
compare to the lower income earners who are made to pay
lower taxes.
-Once taxes are accumulated in the government, the latter
disposes of the same for the exclusive benefits of the poor or
if not all, great portion of the money are spent for the benefit
of the poor in terms of public health, public education, public
transportation, etc.
3. Protection of Local Industries – used to protect local
industries by imposing high taxes on imported items which
can be locally produced.
-So that said imported items would become unaffordable at
the local market, thereby the patronage of the items locally
produced.
-Globalization appears to make this protectionism obsolete
since the primary features of General Agreement on Tariff
and Trade (GATT) imposed by World Trade Organization
(WTO) is to gradually eliminate this tariff on imported items.
4. Encourages Economic Growth – may also induce economic
growth in terms of tax incentives or tax exemptions that
encourage investment.
Theory of Taxation
-Necessity Theory – a life-blood doctrine in taxation which
recognizes the necessity of the existence of the government
which may become impossible without money to finance its
activities.
-The government has the right to compel upon all citizens to
share with the cost of governance
Symbiotic Relationship
-Every person who is able must contribute his share in the
burden of running the government affairs and the
government on its part is expected to respond in the form of
tangible or intangible benefits intended to improve the lives
of the people and enhance their material and moral values.
-(CIR vs. Algue, No. L- 28896, February 17, 1988) No Direct
Benefits
-(Lorenzo vs. Posadas, etc. 64 Phil. 353)
-A person cannot object or resist payment of taxes upon
ground that he has no direct benefits obtained from the taxes
he paid. Right to Sue
-Taxpayers have been allowed to sue where there is claim
that public funds are illegally disbursed or that public money
is being deflected to any improper public funds are wasted
through the enforcement of an invalid or unconstitutional
law.
Sound Principles of Taxation
1. Fiscal Adequacy – sources of taxation must be sufficient to
meet government expenditures and other public needs.
2. Administrative Feasibility – tax laws must be capable of
implementation or enforcing to the utmost convenience of
the tax payers
3. Theoretical Justice – tax imposition must be based on the
tax payers’ ability to pay tinguished from Nation
-Former is a political concept while the latter is ethnical.
Elements of Nation are:
 People
 Territory
 Government
 Sovereignty
Elements of Nation are:
 People of common race with common history
 Common customs and traditions
 Common Culture
 Common language
 Common religion
-People in a state are commonly called citizens, while the
people in a Nation are called nationals.
-Citizenship is the political membership to a state while
nationality is an ethnical affiliation to a race or country of
origin
Several States in a Nation
-There can be several nations in 1 state as there can be
several states in one nation
-Ex. USA is one state of many nations. Hawaii, Alaska, Indiana
are of different nations in one state since they have different
cultures, customs and traditions brought about by their
differences of origin. Arab nation is one nation composed of
several states. They have common language, common
history, common cultures, etc. but composed of several
states which are independent from one another with several
Presidents or Kings as head of their respective states.
Globalization
-Advent of technology has brought a new trend in world
politics whereby different people of the world have been
gearing to become one community with their respective
boundaries and even distance losing their effect as an
obstacle towards world unity and oneness as a people with
one human race.
-This advantage can only be utilized if the Filipino people
themselves are the businessmen otherwise, if they remain
employees of foreign nationals doing business in the
Philippines under the traditionally exploitative employment
conditions, the Filipino people will remain poor as they have
remained so ever since up to now.
- Filipino economist Bernardo M. Villegas
-“Being a member of the WTO, the Philippines can definitely
take advantage of the growing world production. Economic
independence has changed the way of doing business. Today,
a country’s decision on how to manage its economy can
affect other countries’ policy making. This is a very concrete
evidence of how the process of globalization makes the
economic world smaller and smaller.”

Internet has made possible for people all over the world to
communicate with each other as if they were facing one
another thru the so-called teleconference, email, text and
even direct calls using the sophisticated and even the ever
advancing mobile technology.

Global Economy

-The principal feature of GATT is the gradual elimination of

tariff and quota limit system of Different goods/products
from

1 country to another with the end in view of making the

whole world as one market place without the traditional
barriers of tariff and quota system that limit the free entry of
products from 1 country to another.

Negative/Positive Effects

Negative effect is that the local industries with its accrued

benefits, especially the employment opportunities it
produces within the country is definitely eradicated or
eliminated, hence the unemployment with its poverty
worsening results.

-Positive effect is the availability in the local market, the

imported products in an unlimited volume at a very
affordable price since no imported tax (tariff) is being
imposed upon their entry into the country

-Production and/or development of the same might even be

more costly than the selling price of similar but imported
products.

Advantage of Globalization

-The Philippines under the current globalization system has

become or at least becoming the best market place in the
world considering its most strategic position in relation to the
other countries the world over.