I.

Introduction: The Concepts of Politics, Government and Governance

POLITICS
- denotes a social activity
- is the creation, maintenance and amendment of social norms or rules.
- Is an art and science of the government.
- Is the realm of public affairs or the state.

GOVERNANCE
- Is the exercise of power/ authority by political leader for the wellbeing at their country’s
citizens or subject.
- Refers to the manner of steering/ governing and or directing and controlling a group of people/
the state.

GOVERNMENT
–It refers to the agency through which the will of the state is formulated, expressed and carried
out.

BASIC CONCEPTS OF POLITICS

1. ORDER - Is the central to the study of politics because it shows different components of
human society.
STRUCTURES of ORDER
a. COMMUNITY – is one kind of social order which refers to the association of
individual who shares a common identity.
b. GOVERNMENT – is a higher level of social order that exist primarily for the
maintenance and perpetuation of the community.

Forms of Government:
The principal forms are the following:
1. As to number of persons exercising sovereign powers;
2. as to extent of powers exercised by the central or national government;
3. as to relationship between the executive and the legislative branches of the government;
4. as to source of power or authority:
5. As to number of persons exercising sovereign powers
c. STATE - is the largest social order today and in which the term politics originally derived.
2. POWER - The main source of reign of the government.The possession to govern or rule the
state.
3. JUSTICE - The process of legalizing and penalizing the abuse of political power and power
to rule.
THE DIFFERENCE BETWEEN THE STATE, GOVERNMENT AND NATION

Ordinary people tend to equate the word “state” and “government” as if they refer to the same
reality. They use the words interchangeably. But a closer look at these two terms reveal a
technical difference. A state is an advanced and complex type of society with the government as
one of its four (4) essential elements. Thus a state cannot exist without a government. As already
mentioned, the government is only a part and an agency of the state which provides economic
and political directions to its society. Therefore the word “state” is larger in scope than
“government”.
A government can exist even without a state as in the case of non-state societies. A chiefdom in a
barangay of old, for instance, was a political organization with the datu as the chief ruler assisted
by a council of elders or relatives, had a government that it is not necessarily a state. In a modern
nation-state, a government is a political machinery composed of public official who run the
affairs of the state using rational-legal authority.
Based on anthropological studies, the following are the most common types of government of
non-state and state societies:
The word “nation” is also different from the “state” or “government”. H. De Leon (1997)
suggests that “state” is a political concept while “nation” is an ethnic concept. The word “nation”
is technically synonymous to “people” in the state. It is defined as “a group of people bound
together by certain characteristics such as common social origin, language, customs and
traditions, and who believe that they are one and distinct from others (De Leon 1997:7).
The idea of nationhood is of European origin, particularly from France, the first independent
nation-state in Europe after the French Revolution. Dr. Jose Rizal first introduced this idea
through his writings in the 19th century to mean one identity of all people who are born and
residing in the Philippines during the Spanish period as “Filipinos” whether they are
Spaniards, mestizos or natives (Indios). Before Rizal, one must remember that only those with
Spanish blood like the peninsulares (Spaniards who were born in the peninsula or Spain and
residing in the colony), insulares (Spaniards who were born and residing in the Philippines) and
mestizos (those of blood mixed, Spanish, Chinese or other foreigners) were considered
“Filipinos” and as consisting the “Filipino nation” during the Spanish period. The natives were
not called “Filipinos” by the Spaniards but were looked down upon as “Indios” or savage
“Indians” who generally were uneducated and considered uncivilized.
People consisting of one identity as a nation do not necessarily come from the same ethnicity or
cultural background whose language they speak is one. The Philippines, for instance, is a multi-
ethnic nation. Filipinos come from different ethnic backgrounds and speak different languages:
some are Ilokanos, Warays, Bicolanos, Cebuanos, Maranaos, Tausugs, Maguindanaos, Ilonggo,
Tagalogs, etc. There are more than a hundred ethno-linguistic groups in the Philippines and yet
they are all Filipinos and belong to one nation—the Philippines. “Filipino” as the national
language of our country is actually a social construct which uses the Tagalog language as its
basic structure with borrowings from other Philippine languages. It is the lingua franca or the
language which is not as yet mastered with equal competence by all these ethnic groups in the
Philippines. Of course, the national language “Filipino” is taught in schools and can easily be
learned by Filipinos from various ethnic origin because of a common core.

TWO APPROACHES to the STUDY of POLITICS

• POLITICAL PHILOSOPHY - It is the traditional approach in which the primary goal is to
understand the essence or the truth about politics.
• POLITICAL SCIENCE - It is the empirical/ objective approach in which it places little
emphasis on abstract and normative question, and concentrates on a dispassionate and objective
of the realities of politics.

GOVERNANCE
Importance of Studying Governance
Governance, the people, most especially the citizens, will be aware of the need for good
governance. Consequently, such awareness should move them to action. For their continued
empowerment and sustainable development, they have to know how to fight for their rights by
knowing what to expect from Philippine governance

PROCESSES AND ACTORS IN GOVERNANCE

Decision-Making and Implementation
- Decision-making refers the process by which a person or group of persons, guided by socio-
political structures, arrive at a decision involving their individual and communal needs and
wants. Implementation is the process that logically follows the decision.
Actors and Structures
- An actor is a sector or group or institution that participates in the process of decision-making
and implementation. A structure refers to an organization or mechanism that formally or
informally guides the decision-making process and sets into motion the different actors and
apparatuses in the implementation process.

Informal Actors and Bad Governance

- Their influence is felt more clearly in local governments, such as organized crime syndicates
and powerful families, and in rural and urban areas. Most often than not, these actors are the
cause of corruption, in that legitimate government objectives are distorted by their illegal and
private interests. Worse, they manipulate government officials and agencies, and cause
widespread yet organized violence in the community. In urban and rural areas, for example, the
rich and powerful families control the economy by controlling the local government officials.
They bring about a controlled environment so that decisions must always favor them.

INDICATORS GOOD GOVERNANCE

1. Participation
- Active involvement of all affected and interested parties in the decision-making process.
Participation is one of the strengths of Philippine governance. The 1987 Philippine Constitution
is replete of provisions dealing with relational and inter-sectoral governance. The Local
Government Act of 1989 was borne out of the need for decentralization in Philippine
governance. As such, these and other related legislations may be considered as normative
standards for good governance.

2. Rule of Law

- Democracy is essentially the rule of law.

- Rule of law demands that the people and the civil society render habitual obedience to the law.
It also demands that the government acts within the limits of the powers and functions prescribed
by the law.

The Philippines does not fare well in this aspect of good governance. In spite of being one of the
oldest democracies in the region, the Philippines ranked as last among seven indexed Asian
countries according to the World Justice Project Rule of Law Index. Generally, the reasons for
ranking last are “lack of respect for law,” “pervasive and systemic corruption in the
government,” and “circumvention of the law.” Lack of respect for law is generally caused by
distrust on the integrity of law enforcement agencies. Order and security are compromised and
criminal justice is rendered ineffectual.
3. Effectiveness and Efficiency

- Actors meet the needs of the society means that there is effective governance. That the
valuable resources are utilized, without wasting or underutilizing any of them, means that there is
efficient governance.

- Enhancement and standardization of the quality of public service delivery consistent with
international standards, professionalization of bureaucracy.

Efforts were made to attain effectiveness and efficiency in Philippine governance.The Anti-Red
Tape Act of 2007 (ARTA), for instance, was passed to require the setting up of Citizen’s Charter
for a simplified procedure and to facilitate governmental transactions. Also, many government
departments and agencies pursued a rationalization program to check excessive and redundant
staffing.

4. Transparency

- Transparency, as an indicator of good governance, means that people are open to information
regarding decision-making process and the implementation of the same. In legal terms, it means
that information on matters of public concern are made available to the citizens or those who will
be directly affected.

- It also means that transactions involving public interests must be fully disclosed and made
accessible to the people.

Efforts were made in pursuit of transparency in Philippine governance. As far as the government
sector is concerned, the current administration, consistent with its drive of curbing corruption,
promotes honesty and integrity in public service. It is currently pursuing the passage of the
Freedom of Information Bill and other related legislations, as well as intensifying people’s
engagement in local governance. Transparency in budget and disbursements are, however, still
far from being substantially implemented.

5. Responsiveness

- Means that institutions and processes serve all stakeholders in a timely and appropriate manner.
It also means that actors and structures of governance easily give genuine expression to the will
or desire of the people.

Some of the important efforts made to attain responsive governance in the Philippines are
decentralization, creation of citizen’s charter in all frontline agencies (as required by ARTA),
and gender sensitivity programs. First, through decentralization, local governments, which are
more proximate to their constituents, serve more promptly the people, who in turn become more
involved in decision-making. Second, every government agency now has it Citizen’s Charter,
which provides timeframes for every step in attaining frontline services. Agencies now must also
respond to written queries sent by the stakeholders or interested parties within a period of ten
days, otherwise there will be delayed service. However, this aspect of governance still remains to
be one of the causes for the decline of public’s confidence in the public sector. Although the
ARTA has been passed, there is still so much delay in public service delivery. The failure of the
government agencies to explain the charters to the stakeholders is one of the main reasons why
there is still delay.

6. Equity and Inclusiveness

- Equity and inclusiveness means that all the members of the society, especially the most
vulnerable ones or the grassroots level, must be taken into consideration in policy-making.

- Social equity refers to a kind of justice that gives more opportunity to the less fortunate
members of the society.

The Philippine Government has done extensive efforts in promoting equity and inclusiveness.
The Constitution makes it as one of its state policies the promotion of social justice. Pursuant to
this, the Congress has enacted social legislations like the Comprehensive Agrarian Reform Law
which aims at freeing the farmer tenants from the bondage of the soil. Also, representation in the
Congress, under the party list system, is constitutionally mandated to have sectoral representation
of the underprivileged. Gender and Development programs are in the process of being integrated
with the various structures and institutions in the country. But legislation is one thing;
implementation is another. It is in the faithful implementation of these laws that the country
failed. Inequality is especially felt in the justice system, electoral system, and even in the
bureaucracy itself.

7. Consensus Oriented

- Governance is consensus oriented when decisions are made after taking into consideration the
different viewpoints of the actors of the society. Among the things done by the Philippines in
promoting a consensus oriented governance are: (1) creation of a wide-based of representation in
the Congress; (2) a two-tiered legislature or bicameralism which subjects legislation to the
evaluation of national and district legislators; and (3) necessity of public hearings or
consultations of various governmental policies and actions.

8. Accountability

- Accountability means answerability or responsibility for one’s action. It is based on the

principle that every person or group is responsible for their actions most especially when their
acts affect public interest.

- Accountability comes in various forms: political, hierarchical, and managerial accountability.

Political accountability refers to the accountability of public officials to the people they
represent. Hierarchical accountability refers to the ordered accountability of the various agencies
and their respective officers and personnel in relation to their program objectives. Managerial
accountability refers to employee accountability based on organization and individual
performance.

II. POLITICAL IDEOLOGIES

Antoine Destrutt de Tracy
• Coined the term Ideology as the “science of ideas”.
• Ideology becomes a political weapon to condemn or criticize opposing arrays of ideas or beleif
system.
• Beliefs are people’s assessment of reality
• Values are people’s ideas of right and wrong.
Political Ideology is:
A political belief system
1. LIBERALISM • Derived from the word “libere” which means “free men” Beliefs:
a. Need for change in social relations and requiring governmental involvement
b. Society must be free from government interventions
c. Promotes individual welfare and supporting civil rights and accept peaceful political change.

Set of Values and beliefs of Liberalism

a. Individualism - Supreme importance of
individual over any social group
b. Freedom
c. Reason – power of reason gives human
being the capacity to take charge of their
own lives.
2. CONSERVATISM (THE RIGHT)
• Derived from the term conservation
• Seeks to preserve all that is good about the
past
3. SOCIALISM
• An economic and political doctrine
advocating government ownership.
d. Justice – moral standard of fairness and
impartiality
e. Toleration – willingness to accept views
or action with which one is in disagreement.
• Gives greater attention to social entities
than to individuals having the inclination to
oppose any change in political environment.
• Adheres to social equality to attain social
stability
• An instrument of labor movement
4. SOCIAL DEMOCRACY • balance between market and state • It stresses welfare measures
but not state ownership

5. COMMUNISM
• Karl Marx • Social and political system seeking
government ownership of the means of
production and services

6. FASCISM
• Benito Mussolini • All values arise from the state and the
individual has no right
• Repressive social conditions rejecting
democracy • Totalitarian omnipotent state
• Repudiates constitutionalism • Militarism and violence

7. FEMINISM
• Women experienced a poor state in the society • Focus on the position of women in the society
• Gender equality in the political, economic and social spheres

III. POWER

 Power, in its broadest sense, is the ability to influence the outcome of events.
 In the sense of having the ‘power, to do something.
 In global politics, this includes the ability of a country to conduct its own affairs
without the interference of other countries,
 Power is usually thought of as a relationship: that is, as the ability to influence the
behaviour of others in a manner not of their choosing, or ‘power over’ others.
 It is capacity of individual to impose ones will over the behaviour of others.
 It is a ability of the person to produce intended effects on others
 when we say A is more powerful than B. It means B will act according to wishes of
A.
 It denotes/ means the ability of a person to fulfill his desire or to achieve his
objectives.
 Power is generally thought to involve bringing about of an action by someone against
the will or desire of another.
 A powerful person creates situation when you do not have an option but to follow the
wishes of the powerful person.
 It is ability to use force.
Definition

 George Schwarzenbarger: The power is the capacity to impose ones will on other by
reliance on effective sanctions in case of non –compliance.
 Hans Morgantheau: the power of man over the minds and actions of other men.

Where does power come from?

Formal Sources:

 Coercive: Ability to punish, use of fear

 Rewards: Control over rewards
 Legitimate: Based on position
 Information: Access to or control of

Personal Sources:

 Expert: Knowledge or special skills

 Referent: Personal characteristics
 Charisma: Personality or style

Concept of Power:

 the ability to influence another person Influence

 the process of affecting the thoughts, behavior, & feelings of another person Authority
 the right to influence another person

TYPES OF POWER
1. 1. POLITICAL POWER
-It is essential to distinguish between formal and informal organs of power .

 Legislature, executive and judiciary are the traditionally recognized organs of power in a
state. It represents formal organs. The obedience secured by these organs, backed by
sanctions. It is important form of political power.
 Executive and legislature make various laws together such as collections of taxes, issue
of licences, permits and regulate a large variety of citizen actions.
 Informal organs of power are Political parties, Pressure groups, public opinion, popular
movements, etc.
2. ECONOMIC POWER
-it is the power emanating from the possession of material things especially the major means of
production and distribution . It is important factor behind politics. For instance big landlords,
industrialist , businessman are able to influence public decisions regarding the fixation of
priorities in economic development.

 The possessors of economic power exercise their influence on politics in several ways.
Their pressures groups are stronger, more organized and more vocal.
 For instance , in India, the chambers of commerce and industry are very strong, the
workers union are not strong, peasants union are less strong and consumers organizations
are the weakest lot.
 it means ownership of means of production.
 control of economic assets

4. IDEOLOGICAL POWER
: it provides a more stable base of political power. It is promoted by ruling class in a given
society regarding the best system of government.

 Ideology is a systematic set of arguments and belief used to justify an existing or desired
social order.
 It provides legitimacy to the ruling classes and help them maintain their stronghold on
political power.
 When the people are made to believe that a particular system of government is the best
system, they will not oppose the authority of the ruling classes.
 the people express their approval to the rule of particular persons & policies under an
ideological spell.
 An ideology is a collection of ideas. Typically, each ideology contains certain ideas on
what it considers to be the best form of government (e.g. democracy, theocracy, etc.), and
the best economic system (e.g. capitalism, socialism, etc.). political parties base their
political action and program on an ideology.

3. MILITARY POWER
: The military, also called the armed forces, are forces authorized to use deadly force, and
weapons, to support the interests of the state and some or all of its citizens. The task of the
military is usually defined as defense of the state and its citizens, and the prosecution of war
against another state.

 Military power may refer to: The armed forces of a nation (in a narrow sense) or
in the wider sense, the capabilities of a group such as a fire team, squad, etc. A
 great power, in a military context. Military power (jet engines), the maximum
power setting of a military jet aircraft without the use of afterburners.

5. NATIONAL POWER
 National power is the collective power of a nation which includes economic, political,
emotional and military power of a nation. It is through the use of this power, a nation
establish relation with other countries and gets its will enforced on other nations.

Methods to exercise power

 Traditional methods-: the use of force, to create fear, use of cleverness, to divide and
rule, to harass the opponent, to give decoration and political offices are some of the
traditional techniques of the use of political power.
 Modern methods-:propaganda, control over education system, wide use of violence
 Distinctive methods-: to tell a lie and to make the people believe what you say, to
promise victory are such methods which were used by Hitler in Germany at wide
spread level.

Criticism of the concept of power

 Power is not a mean but an end
 Excessive importance to the use of physical force
 Power should be linked with ethical values
 Power is a social process

IV. STATES, NATIONS, AND GLOBALIZATION

What is a state?
A state is a community of nations more or less numerous permanently occupying adefinite
portion of territory, having a government of their own to which the great bodyof inhabitants
render obedience and enjoying freedom from external control (De Leon,Hector).
Elements of a state
States are created based on the elements mentioned below. If these requirements are not followed
or if there is a conflict or issue in one of the elements, the legitimacy of the state is always
challenged. It is important that a state is recognized by the international community, because
without recognition, its existence, authority and power are always in doubt.
1. People –refers to the group of people living within the state
2. Territory – it refers to the territorial domains over which the state exercises control or
sovereignty
3. Government – it is an agency to which the political ideology of the state is expressed
and carried out
 4. Sovereignty – it is the power of the state to enforce the law over its subjects within its
jurisdiction and demand obedience from them

Two types of sovereignty

1. Internal sovereignty – the power of the state to command authority within its
jurisdiction
2. External sovereignty – the power and freedom of the state to carry out its activities
without foreign domination or control

Duties of the State

 Peace and order and national security

 Political harmony or good laws
 Social justice
 Economic development
 Individual and collective development of people

Theories of the origin of the state

Political scientists have postulated many theories as to the origin of the creation of the state.
Beginning from the history of ancient civilizations, the concept of a state has already been
practiced. The following theories will give us an idea of the possibilities on how the origin of the
state is created.
1. Divine right theory – this theory postulates that the state is of divine creation and the ruler is
ordained by God to govern the people
2. Force theory – this theory embarks on the belief that some powerful group of people or great
warriors imposed their will upon the weak
3. Paternalistic theory – this theory attributes the concept of a state to the enlargement of the
family
4. Social contract theory – rests on the idea that people voluntarily submitted themselves and
their right to an organization for the purpose of establishing a society.
The Three inherent powers of the state
A state is a very powerful entity. Even from the earliest history, the state commands supreme
authority to enforce its will upon the people. These powers are inherent in nature and the
foundation of its existence. No state can exist without these powers, because it through these
powers that state derive its authority.
1. Eminent Domain – the power of the state or of those to whom the power is delegated to
take or expropriate private property for public use upon payment of just compensation

Conditions for or limitations of the exercise of eminent domain

 Existence of public use
  Payment of just compensation
 Observance of due process of law in the taking
2. Police Power – the power of the state to enact laws or regulations in relation to persons
and property.

Basis of police power

 The welfare of the people is the supreme law

 So use your own so as not to injure another’s property

Illustrations of police power

 Public health
 Public morals Public safety
 General welfare and convenience

3. Power of taxation –the power of the state to impose charge or burden upon persons or
property or property rights for the use and support of the government

What is a nation?
A nation is a group of people bound together by certain characteristics and shares the same
history, ancestry, culture, and language.
Benedict Anderson asserted that nations were “imagined communities” it is imagined because
even though people do not know each other or do not meet all the members, they share the same
common history, culture, language and tradition that are practiced by every member. They have
the same feelings of belongingness and talk the same events that were part of their history even
though they were miles away from one another.

Government defined
The government is an agency of the state to which its will and ideology is expressed. A state
cannot exist without a government as it is one of the elements of the state. It is through the
government that the state’s political ideology is reflected.
The Philippine state has adopted various forms of government. However, the provocative
challenge to the Philippine governmental structure was adopted during the rule of Ferdinand
Marcos, when he fused together the executive and legislative department.

Different perspectives on the globalisation’s impact.

Today, globalisation’s impact on states is a debatable argument; there is not really agreement on
the subject. We are going to introduce the main theories about it.
Hyperglobalists argue that the world had evolved these past years and that it is now more
borderless, especially in the economic field. National economies are now part of a global
economy where international financial markets and transnational dominate. They say there is a
denationalization but that it is part of an economic logic in which “national governments are just
transmission belt for global capital” (King and Kendall, p144). For them, the power of the Nation
Sate has been supplanted by business activities (Ohmae, 1995). Today, it is more the global
finance, rather than state, that has influence over the organisation, location and distribution of
economic power and wealth. We are in a time of a borderless economy and where the state is
territorially limited, global markets are free to escape political regulation. The role of the state is
now to accommodate the structure of the domestic economy to the imperatives of international
competitive. Furthermore, the current international institutions in charge of the economy, such
the IMF or World Bank help the formation of this global market. Because states can no longer
modulate exchange and interest rates (King and Kendall, p144), they are becoming transitional
modes of economic organization and regulation. Their conclusion is the demise of the Nation
State but we can critic this theory by saying that they do no distinguish the quantity of influence
and of power among countries. In the case of the countries of the European Union for example,
we can see that their sovereign power has been given away or at least reduced (Europeans
institutions) when it is not true for the United states which keep a state strength. Hyperglobalists
see the globalisation as a good thing which would give opportunities to societies to develop.

In contrast, Sceptics disagree with this thesis; they think that the world has not evolved much and
that instead of being in a globalised world we are now in a more international world. Hirst and
Thompson argued that “whereas tendencies towards internationalisation can be accommodated
within a modified view of the world economic system, that still gives the major role to national-
level policies and economic actors; when firms, government and international agencies are being
forced to behave differently, but in the main they can use existing institutions and practices to do
so” (Held and McGrew, chap 1). For the Sceptics, the State remains central in the business
activities and even that it is the most powerful actor in domestic economy and in international
agreement and regulations. Multinational corporations having headquartered in different
countries can be described as national companies operating internationally and thus subject to the
national regulation. Moreover, the Sate has still a crucial role in the scheme of governance and
regulation and through elections it remains the critical agencies of the popular representation.
And to conclude they state that the world is now divided into larger regional area rather that into
one world.

However, Transformationalists take a middle ground approach between the two previous
extreme views of globalisation. They argue that globalisation is a multi-scalar process and do not
believe in a single global society. The current global interconnections and interdependence will
forge new networks and maybe dissolve some existing ones. As Held say “relationships among
nations and people will be reconfigured and power relationships restructured. It will not be the
end of the Nation State, more a reconstruction of the Nation State. According to Held and
McGrew, globalisation refers to a shift in the scale of human organisation that links distant
communities. There will be a wider impact of power relations across the world’s regions and
continents. But even through a reconfiguration, the state remains an important actor in global
political economy. They also state the emergence of a new ‘sovereignty regime’, arguing that it
is today “less as a territorially defined barrier than a bargaining resource for a politics
characterized by complex transnational networks” (Held and McGrew).

Among these different theories, the Transformationalists one seems to be the more accurate
according to our second part.

V. PHILIPPINE DEMOCRATIC POLITICS

A. THE PRE-SPANISH GOVERNMENT OF THE PHILIPPINES

Prior to the arrival of the Spaniards, the Philippines was composed of settlements or villages,
each called barangay, named after balangay, a Malayan word meaning “boat”.
Every barangay was virtually a state, for it possessed the four basic elements of statehood. At
times, however, some barangays joined together as “confederations” mainly for the purpose of
mutual protection against common enemies.
Each barangay was ruled by a chief called datu in some places, and rajah, sultan or hadji in
others. He was its chief executive, law giver, chief judge, and military head. In the performance
of his duties, however, he was assisted usually by a council of elders (maginoos) which served as
his advertisers. In form, the barangay was monarchy with the wealth, or physical prowess.

SOCIAL CLASSES IN THE BARANGAY

The people of the barangay were divided into four classes, namely: the nobility (maharlika), to
which the datu belonged, the freemen (timawa), the serfs (aliping namamhay), and the slaves
(aliping sagigilid).

EARLY LAWS
The early Filipinos had both written and unwritten laws. The written laws were promulgated by
the datus. The two known written codes in the pre- Spanish era are the “Maragtas Code” which
was said to have been written about 1250 A.D by Datu Sumakwel of Panay, and the Kalantiaw
Code written in 1433 A.D by Datu Kalantiaw, also of Panay.

COMPARISON WITH OTHER ANCIENT GOVERNMENTS

It can be said that the laws of the barangay were generally fair. The system of government,
although defective was not so bad considering the conditions in other lands in the age during
which it flourished.
SPAIN’S TITLE TO THE PHILIPPINES

It was based on the discovery made by Ferdinand Magellan in 1521, consummated by its
conquest by Miguel Lopez de Legaspi 45 years later and long possession for almost four
centuries, until it was terminated in 1898, when by the Treaty of Paris, the Philippines
was ceded by Spain to the United States.

PHILIPPINES DURING THE SPANISH PERIOD

SPANISH COLONIAL GOVERNMENT

From 1565 to 1821, the Philippines was indirectly governed by the King of Spain through
Mexico. From 1821 when Mexico obtained her independence from Spain, to 1898, the
Philippines was ruled directly from Spain. SPANISH COLONIAL GOVERNMENT
From 1863, the military of Ultramar (colonies) exercised general powers of supervision over
Philippine affairs. Three times during the Spanish period (1810-1813, 1820-1823, and 1836-
1837), the Philippines was given representation in the Spanish cortes, the legislative body of
Spain.

GOVERNMENT IN THE PHILIPPINE UNITARY

The government which Spain established in the Philippines was centralized in structure and
national in scope. The barangays were consolidated into towns each headed by a
GOBERNADORCILLO, popularly called capitan, and the towns into provinces, each headed by
a governor who represented the Governor General in the province.

THE GOVERNOR-GENERAL
Philippines' Revolutionary Era: Governments and Republics of that Period
The power of the government were actually exercised by the Governor-General who resided in
Manila. He was “Governor-General” “Captain-General”, and “vice-royal patron.” As Governor-
General, he had executive, administrative, legislative and judicial powers.
As Captain-General, he was Commander-in-Chief of all the Armed Forces in the Philippines. As
the vice- royal patron, he exercised certain religious powers. Because of these broad powers, it
has been said that the Governor General enjoyed more powers than the King of Spain himself.
This was justified, however, because of the distance of the Philippines from Spain.
In the administration of the Philippines, the Governor-General was assisted by many boards and
officers, particularly the Board of Authorities and the Council of Administration

THE KATIPUNAN GOVERNMENT

The Katipunan was secret society that precipitated our glorious revolution on August 26, 1896. It
was organized by Andres Bonifacio. The central government of the Katipunan was vested in a
Supreme Council (Kataastaasang Sanggunian). In each province there was a Provincial Council
(Sangguniang Balangay) and in each town, a Popular Council (Sanggunian Bayan).
The Judicial Power was exercised by a Judicial Council (Sangguniang Hukuman). The
Katipunan was replaced by another government whose officials headed by Gen. Emilio
Aguinaldo as President, were elected in the Tejeros Convention held on March 22, 1897.

THE BIAK NA BATO REPUBLIC

On November 1, 1897, a republic was established by Gen. Aguinaldo in Biak-na-Bato (now San
Miguel de Mayumo, Bulacan). It had a constitution which was to take effect for two years only.
It declared that the aim of the revolutions was the “separation of the Philippines from the Spanish
monarchy and their formation into an independence state.” The Biak-na-Bato Republic lasted up
to December 15, 1897, with conclusion of the “Pact of Biak-na-Bato.”

THE DICTATORIAL GOVERNMENT

Following the outbreak of the Spanish-American war on April 25, 1898, Gen. Aguinaldo in view
of the chaotic conditions in the country, established the Dictatorial Government on May 24,
1898.

THE REVOLUTIONARY GOVERNMENT

The most important achievements of the Dictatorial Government were the Proclamation of the
Philippine Independence at Kawit on June 12, 1898 and the reorganization of local governments.
In the administration of the Philippines, the Governor-General was assisted by many boards and
officers, particularly the Board of Authorities and the Council of Administration.

On June 23, 1898, Gen. Aguinaldo established the Revolutionary Government replacing the
Dictatorial Government.
The decree-making such change stated that the aims of the new government were “struggle for
the independence of the Philippines, until all nations including Spain will expressly recognize
it,” and “to prepare the country for the establishment of a real Republic.”

THE MILITARY GOVERNMENT

The American military rule in the Philippines began on April 4, 1898, the day after the capture of
Manila. The existence of was gave the President of the United States the power to establish a
Military Government in the Philippines, as Commander-in-Chief of all Armed Forces of the
United States.
His authority was delegated to the military governor who exercised as long as the war lasted, all
powers of government – executive, legislative and judicial. The first American Military
Governor was General Wesley Merritt, the second was General Elwell E. Otis, and the third and
last was Major General Arthur MacArthur.
Pursuant to the so-called Spooner Amendment (on the army appropriation act passed in the US
Congress on March 3, 1901) which ended the military regime in the Philippines, the Civil
Government was inaugurated in Manila on July 4, 1901.

THE CIVIL GOVERNMENT

The Civil Governor whose positions was created on October 29, 1901. The Civil Governor, also
exercised legislative powers. He remained as President of the Philippine Comission, the sole
law-making body of the government from 1901 to 1907
From 1907 to 1916, the Philippine Commission acted as the upper house of the legislative branch
with the Philippine Assembly serving as the lower house. With the passage of the Spooner Law
in 1916, these two bodies gave way to the Philippine Legislature. The Philippines was
represented in the United States by two Resident Commissioners who were elected the
Philippine Legislature.

COMMONWEALTH GOVERNMENT OF THE PHILIPPINES

The next stage in the political development of the Filipinos was the establishment of the
Commonwealth Government of the Philippines pursuant to an act of the United States Congress
on March 24, 1934, commonly known was the Tydings- McDuffie Law.
Among other things, the law provided for a transition period of ten years during which the
Philippines Commonwealth would operate and at the expiration of said period on July 4, 1896,
the independence of the Philippines would be proclaimed and established.
The new government of the Commonwealth of the Philippines, deemed successor to the
Government of the Philippine Islands, was inaugurated on November 15, 1935, following the
first national election under the 1935 Constitution held on September 12, 1935, with Manuel L.
Quezon and Sergio Osmeña, as President and Vice-President, respectively.

Governments of the Philippines during the Japanese Occupation of the Philippines

It was established in Manila on January 3, 1942, one day after its occupation. Under a
proclamation issued by the Japanese High Command, the sovereignty of United States over the
Philippines was declared terminated.

THE PHILIPPINE EXECUTIVE COMMISSION

A Civil government known as the Philippine Executive Commission composed of Filipinos with
Jorge B. Vargas as Chairman, was organized by the military forces of occupation. The
commission exercised both the executive and legislative powers.

The laws enacted were, however, subject to the approval of the Commander-in-Chief of the
Japanese Forces. The Judiciary continued in the same form as it was under the Commonwealth.
However, it functioned without the independence which it had traditionally enjoyed
 On October 14, 1943, the so-called Japanese- sponsored Republic of the Philippines was
inaugurated with Jose P. Laurel as President. It was the same character as the Philippine
Executive Commission.

JAPANESE-SPONSORED REPUBLIC OF THE PHILIPPINES

Like the latter, the ultimate source of its authority was the Japanese military authority and
government, on August 17, 1945. President Laurel proclaimed the dissolution of the Republic.

VI. THE EXECUTIVE , LEGISLATIVE AND JUDICIARY

DIFFERENT BRANCHES OF THE PHILIPPINE GOVERNMENT

The structure of the Philippine government is divided into three branches:

 the Legislative Department (Article 6);

 the Executive Department (Article 7); and
 the Judicial Department (Article 8).

THE PRINCIPLE OF SEPARATION OFPOWERS

The powers of the government, by virtue of this principle are divided into three (3) distinct
classes: the legislative, the executive and the judicial. They are distributed, respectively among
the legislative, executive, and judicial branches or departments of the government.

Under the principle of co-equal and coordinate powers among the three (3) branches, the officers
entrusted with each of these powers are not permitted to encroach upon the powers confided to
the others. If one department goes beyond the limits set by the Constitution, its acts are null and
void. The adoption of this principle was motivated by the belief that arbitrary rule would result if
the same person or body were to exercise all the powers of the government.

PRINCIPLE OF CHECKS AND BALANCES

The three co-equal departments are established by the constitution in as balanced positions as
possible. To maintain this balance or to restore it if upset, each department is given certain
powers with which to check the others.

Checks by the President Checks by the Congress Checks by the Judiciary

- may veto or disapprove
bills
- through pardoning power,
he may modify or set aside
the the judgments of courts
(Art. VII, VII, Sec 19)
- Congress may override the.
veto of the President(Sec 27:1)
- Reject certain appointments of
President (ART. IV, sec 16)
- Revoke the proclamation
martial law
or suspension of
- the Supreme Court as the
final enacted by the Congress
arbiter may declare legislative
measures or executive acts
unconstitutional.(ART. VIII
,Sec 4:2)
-determine whether or not
 Abuse the writ of habeas corpus there has been a grave by of
by the president (Art. VIII, Sec discretion amounting
18) lack or excess of jurisdiction
- Amend or revoke the decision on the part of the Congress or
of the Court by the enactment President (Art. VIII, Sec. 2:2)
of a new law or by an
amendment of the old
- The power to impeach the
President and the members of
the Supreme Court.

QUALIFICATIONS OF THE OFFICIALS OF THE NATIONAL GOVERNMENT

PRESIDENT AND VICE- CONGRESS SUPREME COURT

PRESIDENT
- natural-born citizen of the
Philippines
-a registered voter
Philippines
- he must be at least forty (40)
years of on the day of the
election
- a resident of the Philippines
for at least ten (10) years
immediately preceding the
election
SENATORS -He must me a natural-born
- natural-born citizen of the citizen of the Philippines
Philippines - he must be at least forty (40)
- at least 35 years of age on years of age
the day of the election - he must have, for fifteen (15)
- able to read and write years been a judge of a lower
- a resident of the Philippines court or engaged in the
for not Philippines less than practice of law in the
two (2) years immediately Philippines
in the preceding on the day of -he must be a person of proven
the election competence, integrity,
HOUSE OF probity and independence
REPRESENTATIVES
- a natural-born citizen of the
Philippines
- at least 25 years of age on
the day of the election
- able to read and write
-except for a party-list
representative, a registered
voter in the district in which
he shall be elected
- a resident thereof for a
period of not less than one
year preceding the election
ADDITIONAL
QUALIFICATION FOR
PARTY- LIST
REPRESENTATIVES:
- a bona fide member of the
 party or organization which he
seeks to represent for at least
ninety (90) days preceding the
day of the election,

COMPOSITION

EXECUTIVE DEPARTMENT LEGISLATIVE DEPARTMENT JUDICIAL DEPARTMENT

President – Chief Executive Vice SENATE – 24 Currently the
President Cabinet Officials
SUPREME COURT -composed
Philippine Senate is composed of of fifteen members 1 Chief
23 Senators HOUSE OF Justice 14 Associate Justice
REPRESENTATIVES – not more
than 250 members including the
Party-list Representatives District
Representatives – 80% Party-list
Representatives -20% Currently
there are 285 members of the
House of Representatives 229 –
District representatives 56 –
Sectoral Representatives

TERMS OF OFFICE

EXECUTIVE DEPARTMENT LEGISLATIVE DEPARTMENT JUDICIAL DEPARTMENT

President – 1 term of 6 years
without reelection Vice President
– 2 consecutive terms allowed
with 6 years per term
SENATE – 2 consecutive terms
allowed with 6 years per term
DISTRICT AND PARTYLIST
REPRESENTATIVES - 3
consecutive terms allowed with 3
years per term
NO TERM LIMIT – but they
mandated to hold office during
good behavior until they reach
the age of 70 or become
incapacitated to discharge the
duties of their office.
POWERS OF THE GOVERNMENT

THE LEGISLATIVE BRANCH

Congress (Article 6)
 THE POWER TO ENACT LAWS  The power to confirm the
 Police Power appointments of government
 Power of Eminent Domain officials (Section 19)
 Power of Taxation  The power to ratify treaty (Art. 7,
 The power to choose who shall Section 21)
become President in case of tie  The power to conduct investigation
(Section 4, par.4) in aid of legislation (Section 21)
 The power to impose death penalty  Immunity from arrest for offenses
(Art. 3, Sec 19) punishable by not more than six
 The power to act as a constituent years imprisonment (Section 11)
assembly (Art. XVII, section 1)  The power to appropriate money
 The power to declare the existence of (Section 24 & 25)
war (Section 23)  The power to impeach (Art. XI, Sec.
2)

IMPEACHMENT
Impeachment has been defined as a method of national inquest into the conduct of public men. It
is essentially in the nature of a criminal prosecution before a quasi-political court, instituted by a
written accusation called “articles of impeachment” upon a charge of the commission of a crime
or some official misconduct or neglect.

PURPOSE OF IMPEACHMENT
Its purpose is to protect the people from official delinquencies or malfeasances. It is, therefore,
primarily intended for the protection of the state, not for the punishment of the offender. The
penalties attached to impeachment are merely incidental to the primary intention of protecting
the people as a body politic.
OFFICIALS REMOVABLE BY IMPEACHMENT

 The President and Vice-president

 The Members of the Supreme Court
 The members of the Constitutional Commissions
 The Ombudsman

GROUNDS FOR IMPEACHMENTS

  Culpable violation of the  Graft and Corruption
Constitution  Betrayal of Public Trust
 Treason  Other High Crimes
 Bribery

POWERS OF THE GOVERNMENT

THE EXECUTIVE BRANCH
President (Article 7)
 THE POWER TO IMPLEMENT LAWS
 Administrative Power and control over the agencies of the governments(Section 17)
 The power to appoint government officials (Section 16)
 The power to commute sentence, grant pardon, reprieve and amnesty (Section 19)
 The power to declare martial law (Section 18)
 The power to suspend the privilege of writ of habeas corpus (Section 18)
 The power to veto a law (Art. 6, Section 7)
 The power of supervision and control over the local government (Art. X, Section 4)
 The power to conduct treaty and international agreement with other states (Section 21)
POWERS OF THE GOVERNMENT
THE JUDICIAL BRANCH
The Supreme Court (Article 8)
 THE POWER TO INTERPRET LAWS
 THE POWER OF JUDICIAL REVIEW.
a. The power to determine whether there has been a grave abuse of discretion lack
or excess of jurisdiction of any branch or instrumentality of the government (Sec.
4, par. 2)
 ADJUDICATORY POWERS (Section 1, par. 2)
a. The power to determine the validity and constitutionality of the laws of the
State b. The power to settle actual controversies involving rights which are legally
demandable and enforceable
 Assign temporarily judges of lower courts to other stations as public interest may require
 Order the change of venue or place of trial to avoid a miscarriage of justice
 Appoints all officials and employees of the Judiciary in accordance with the Civil Service
Law
X. DECENTRALIZATION AND LOCAL GOVERNANCE
One of the major initiatives aimed in the continuing attempt to design & develop a more
responsive Philippine Public Administration, culminating with the enactment of the Local
Government Code of 1991. The Philippine’s Local Government Code of 1991 , also known as
RA 7160 has been lauded as one of the BEST & MOST REVOLUTIONARY REFORM
LAWS in ASIA .

Decentralization
- transfer of powers from central government to lower levels in a political
-administrative & territorial hierarchy.
- to allow for the participation of people & local government
- to hand over political, financial & administrative authority from central to local governments,
so that the government can facilitate & guarantee better public services for the people.

Decentralization of the Philippine Government

3 Components:

 Political Decentralization
 Fiscal Decentralization
 Institutional Decentralization

Political Decentralization (PD)

Also called as Devolution

 Philippines is made up of thousands of islands, making it difficult for a highly-

centralized government to manage. This is a major step to harmonize gender-culture
sensitive plans & budgets. involves the transfer of powers & responsibilities from
national government agencies to local governments as provided for in the Local
Government Code improves the modes of operation & cooperation between
executives, civil servants & citizens regarding the principles of good governance.

3 Indicators of PD:

Accountability

 local committees consisting of men & women work in selected LGUs according to the
guidelines of the LGC to implement result-oriented & target-relevant decisions &
measures.
Transparency

 selected LGUs & national organizations/ departments publish their annual budgets in
media accessible to citizens such as newspapers, bulletin boards at the town hall &
churches; & report semi-annually on the implementation status of programs in citizen’s
assemblies.

Responsibility and Participation

 The portion of programs and projects realized by LGUs through active & quantifiable
participation, such as job performance & financial contributions of citizens. PD focuses
among others on improved planning & monitoring of development measures,
formulating strategies for the active integration of civil society & the economic sector,
& the promotion of information exchange & management.

Impact of PD
PD empowered Local Leaders to take greater control over their region’s destinies. Local
Leaders, citizens & other stakeholders are given more freedom in determining their development
paths. PD delegated some powers from the central authority to the local authorities, who are
much familiar with the cultural, social & economic aspects of their respective regions.

Fiscal Decentralization (FD)

The main objective is for the provinces, cities & municipalities to use their financial resources
more efficiently, generate additional resources & tap alternative resources. The Medium Term
Philippine Development Plan 2004-2010 (MTPDP)
– specifies the need to maintain fiscal discipline in government spending. It outlines several
measures to ensure that fiscal strength is achieved. It calls for a strengthening of the revenue
generation effort of the LGUs.

3 Indicators of FD:

 The dependency of the cooperating LGUs on national funds is reduced (2005-2009) by

generating additional funds
 Improved fiscal systems, especially just taxation for a measurable & transparent
improvement of tax revenues
 The participating institutions (LGUs, selected gov’t depts, ect) on national, regional &
municipal level present coordinated, harmonized and gender-sensitive development plans
& budgets are properly implemented. Fiscal Decentralization (FD)
Fiscal Decentralization (FD)
Impact of FD
FD improved financial management including qualification of participants in areas of financial
management, strengthening cooperation on different levels, promoting exchange of experiences,
formulating strategies for an improved integration of the business sector & civil society in social
and economic programs.
A large part of the operations of the fiscal decentralization focused on the optimization of
administrative processes & the standardization of the application of the law for local taxes with
the help of information technology.

Institutional Decentralization (ID)

Also known as the Debureaucratization
- Involves the harnessing of the private sector & non-governmental organizations in the delivery
of services through various modalities including contracting out , private-public partnership &
joint ventures .
Institutional Decentralization (ID)

Focus:

 training staff members of partner organizations

 promoting collaboration among the participating Institutions
 monitoring the development of the programs and projects being implemented.
 clarify roles &responsibilities of government institutions - national & local
 enable efficient and effective interaction among government, private sector & civil
society
Institutional Decentralization (ID)

Impact of ID

 Better service delivery is a matter of coordination & collaboration.

 Bridging & empowering the public & private sectors of different regions in the country
through forums, seminars, workshops, studies & researches.
 Working within networks is a strategic element in achieving sustainability, reliability
and a broad effect, especially for the forging of “strategic alliances”.
 Exchange of ideas & mutual understanding among local chief executives, police &
military is crucial in achieving sustainable peace & development.
Major Features of the Local Government Code
RA 7160 - LGC of 1991

SEC 17 of LGC of 1991

BASIC SERVICES & FACILITIES:

 LGUs shall endeavor to be self-reliant & shall continue exercising the powers &
discharging the duties & functions currently vested upon them.
 LGUs shall likewise exercise such other powers & discharge such other functions &
responsibilities as are necessary, appropriate or incidental to efficient & effective
provision of the basic services & facilities.

DEVOLVED BASIC SERVICES ON HEALTH & SOCIAL SERVICES:

 Implementation of programs & projects on primary health care, maternal & child
care, & communicable & non-communicable disease control services;
 Purchase of medicines, medical supplies & equipment needed to carry out services;
 Social welfare services which include programs & projects on child & youth welfare,
family & community welfare, women’s welfare, elderly and disabled persons welfare

DEVOLVED BASIC SERVICES ON ENVIRONMENTAL MANAGEMENT:

 Solid waste disposal system;

 Services or facilities related to hygiene & sanitation;
 Implementation of community-based forestry projects which include integrated social
forestry programs & similar projects;
 Management & control of communal forests

DEVOLVED BASIC SERVICES ON AGRICULTURE:

 Inter – barangay irrigation system ;

 Water & soil resource utilization & conservation projects;
 Enforcement of fishery laws in municipal waters including the conservation of mangroves;
DEVOLVED BASIC SERVICES ON INFRASTRUCTURE:
Maintenance & Rehabilitation of the following:

 roads, bridges & school buildings

 clinics, health centers & other health facilities
 fish ports, artesian wells, spring development, rainwater collectors & other water
supply systems
 seawalls, dikes, drainage sewerage & flood control
 traffic signals & road signs & other similar facilities
 DEVOLVED BASIC SERVICES ON TOURISM:

 Tourism facilities & other tourist attractions

 Acquisition of equipment Regulation & supervision of business concessions
 Security services for such facilities Major

Sec 447 of LGC of 1991

POWERS, DUTIES, FUNCTIONS & COMPENSATION

The Sangguniang Bayan, as the legislative body of the municipality shall:

 Enact ordinances, approve regulations & appropriate funds for the general welfare o
the municipality & its inhabitants.
 review all approved ordinances & executive orders issued by Punong Barangay to
determine whether these are within the scope of the prescribed powers of the SB &
PB

ORGANIZATIONAL STRUCTURE & STAFFING PATTERN

The Sangguniang Bayan, as the legislative body of the municipality shall:
- determine the powers & duties of officials & employees of the municipality
- determine the positions & salaries, wages, allowances & other emoluments & benefits of
officials & employees paid wholly or mainly from municipal funds & provide for expenditures
necessary for the proper conduct of programs, projects, services & activities.

LGC of 1991 & Decentralization

The LGC has given impetus not only to the local government itself, but the rest of the
stakeholders in governance . Decentralization as a framework of governance serves as a tool in
building the capacities of both government & non-government actors in engaging each in
managing societal affairs. The cases on best practices have proven this claim. Decentralization
has provided a democratized space where LGUs are able to transform themselves into self-reliant
communities & be more independent in managing their own affairs.

Local Government Code of 1991

In the name of democratic governance, national government may guide local governments &
provide policies & technical expertise but they must recognize that in the principle of
subsidiarity, the decentralized entity - the LGU, is the nearest to the people . LGU’s, in order to
work smoothly with the national government, should align their development plans along with
the national government’s policies but focus more on what development needs are to be met in
their community . Thus, the central/national government & the LGUs should not look at each
other as competitors in service delivery but as active partners in governing.