Meaning of Politics

According to scientists, politics is the study of power and the powerful of influence and the influential of rulers and the ruled of authority and the authoritative.

According to Sen. Ernesto Maceda, “Politics is the art of compromise to achieve certain end."

According to Senate President Jovito Salonga, it is simply the capacity to say no to something dangerous or inimical to public interest.

In its broad sense, it can be defined as the art and science of governance, the means by which the will of community is arrived at and implemented the activities of the government, politicians and political part.

Politics exist at anytime at anyplace with anybody trying to own and exercise power and influence to attain given objectives. It inevitably exists in the family, churches, in schools, in classrooms, mass media, associations, corporations, societies, revolutionary groups, etc.

Its purposes can be personal, organizational, institutional, governmental, commercial, senatorial or collective in nature.

Four Essential Elements of Politics

1. Rule2. Authority3. Influence4. Power

Meaning of Governance

Governance is the exercise of political, economic and administrative authority in the management of a country’s affairs at all levels.

Electronic Governance

It is the delivery of government services and information to the public using electronic means. It can be defined as “giving citizen the choice of when and where they can access government information and services.”

State

Is a community of persons more or less occupying a definite territory possessing an organize government and enjoying independence or external control. The elements of which are sovereignty, people, territory and government.

Nation

It is defined as people or aggregation of men existing in the form of an organize society usually inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity and disguised from other like group by their racial origin and characteristic and generally but not necessarily living under the same government and sovereignty.

Differences of a State and a Nation

♥ State is more of political concept while nation is racial or ethnical one. ♥ There can be a nation without there being a state but when there is a state there is at

least one nation.♥ A state may be made up of one or more nations and a nation may occupy two or more

states. A state composed of several nations is called Polynational state while a state with one nation is called Mononational state.

♥ A state presupposes a government and a definite territory while these are not necessary in the existence of the nation.

Government

It is the aggregation of authorities which rule the societies.

Differences of a State and a Government

1. Government is an essential mark of the state. There cannot be a state without a government but there can be a government without there being a state.

Ways of Changing the Government

By election By natural/accidental death of the Chief Executive Resignation/voluntary exile of the Chief Executive Impeachment Revolution Coup d’ etat Assassination Civil war Foreign invasion/occupation

2. A state possesses the quality of permanency while the government may come and go leaving the state to continue unimpaired and unaffected.

3. The state is an ideal person while the government is the instrumentality of this political unity.

Elements of a State

1. People

It is the entire body of those citizens of a state who are invested with political or for political purposes.

2. Territory

It is the geographical area under the jurisdiction of another country or sovereign power of a state. It must be a fixed territory with inhabitants occupy.

Modes of Acquiring Territory

By discovering or occupation

A state may acquire territory by discovering a continent, an island or land with no inhabitants or occupied by uncivilized inhabitants and there after occupying it under its political administration.

Uninhabited landsLand inhabited by uncivilized personsLand discovered but failed to occupy it for unreasonable length of time

By Prescription

It is the mode of acquiring territory through continuous and undisputed exercise of sovereignty over it during such period as is necessary to create under the present condition of things is in conformity with international order.

By Cession

It is the assignment transfer or yielding up of territory by one state or government to another.

By Subjugation and Annexation

It is a mode of acquiring territory belonging to a state by occupation and conquest made by another state in the course of war and by annexation of the end of a war.

By Accretion

Another mode of acquiring territory by addition of portion of soil, either artificial or natural.

3. Government

As an element of state, it is the totality of authorities which rule a society by prescribing and carrying out the fundamental rules which regulate the freedom of each member. It is derived from “Gubernaculum” meaning “rudder.”

Two Kinds of Government

De Jure (Legitimate) Government

It is one established in accordance to the constitution of the nation and lawfully entitled to recognition and supremacy and administration of the nation but which is actually cut off from power or control.

De facto (Illegitimate) Government

It is one that maintains itself by display of force against the will of the rightful legal government and is successful at least temporarily in overturning the institution of the rightful legal government by setting its own in lieu thereof.

Three Kinds of De Facto Government

Government by Revolution

A government established by the inhabitants who rise in revolt against and deposed the legitimate regime.

Government by Secession

A government established by the inhabitants of a state who secede there from without overthrowing its government.

Government by Occupation

It is a government established in the course of war by the invading forces of one belligerent country in the territory of another belligerent country. The government of which is also displaced.

4. Sovereignty

It is the supreme absolute and uncontrollable power by which an independent state is governed.

Two Kinds of Sovereignty

Internal Sovereignty

It is the power to control and direct the internal appears of the country. We have the right to enact, execute and apply laws.

External sovereignty

It is the power of an independent state to control and direct its external affairs. We have the authority to enter into treaties with other countries, to wage war and to receive and send diplomatic missions.

Rights of a State

A. The right of existence and self defense - It is the right of the state to use force against an aggressor state.

B. The right of independence - It is the right of the state to be free from dependence, dictation, subjection control and intervention of another state or external power.

C. The right of equality - This right is inherent to a state.

D. The right of legation - It is the right of the state to enter into a diplomatic relation or intercourse with others state by receiving and sending diplomatic corps or representatives.

The principal forms are the following:

1. As to number of persons exercising sovereign powers

Monarchy - The sovereign power is vested in a single person.

o Absolute Monarchy - One in which the ruler rules by divine right.o Limited Monarchy - One in which the ruler rules in accordance with

constitution.

Aristocracy - The political power is exercised by few privileged class.

Democracy - One in which the political power eased by a majority of the people.

o o Direct or pure democracy - One in which the will of the state is formulated or expressed directly and immediately though the people in the mass meeting or primary assembly rather than through the medium of delegates or representatives chosen to act for them.

o Indirect, representative or republican democracy - One which the will of the state is formulated and expressed through the agency of a relatively small and select body of persons chosen by the people to act as their representatives.

2. As to extent of powers exercised by the central or national government

Unitary government - One in which the control of national and local affairs is exercised by the central of national government.

Federal government - One in which the power of the government are divided between two sets of organ, one for national affairs and the other for local affairs.

3. As to relationship between the executive and legislative branches of the government

Parliamentary government - The state confers upon the legislature the power to terminate the tenure of office of the real executive.

Presidential government - One in which the state makes the executive constitutionally independent of the legislature as regards his tenure and to a large extent as regards his policies and acts, and furnisher him with sufficient power to prevent the legislature from trenching upon the sphere marked out by the constitution as executive independence and prerogative.

Pre-Spanish Government

1. Unit of Government - The Philippines was composed of settlements or villages each called barangay, named after balangay, a Malayan word meaning “boat.”

2. Datu - Each barangay was ruled by a chief called datu in some places and rajah, sultan or hadji. 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 serves as his advisers. In form, the barangay was a monarchy with the datu as the monarch. One could be a datu chiefly by inheritance, wisdom, wealth or physical prowess.

3. 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 namamahay), and the slaves (aliping sagigilid).

4. Early Laws - 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. The unwritten laws consisted of customs and traditions which have been passed down from generation to generation.

5. 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. An eminent scholar has written: “The Filipino people, even in the prehistoric times had already shown high intelligence and moral virtues; virtues and intelligence clearly manifested in their legislation which taking into consideration the circumstances and the epoch in which it was framed, was clearly as wise as prudent, and as humane, as that of the nation’s then at the head of civilization.

Government during the Spanish period

1. Spain’s title the Philippines - It was based on the discovery made by Ferdinand Magellan in 1521, consummated by its conquest by Miguel Lopez de Legazpi forty-five 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 the Spain to the United States.

2. Spanish colonial government - From 1565 to n1821, 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. The council in Spain responsible for the administration of the Philippines was the Council of the Indies. In 1837, it was abolished and legislation for the Philippines was temporarily performed by the Council of Ministers, from 1863, the Ministry 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. A basic principle introduced by Spain to the Philippines was the union of the church and the state.

3. Government in the Philippines Unitary - The government which Spain established in the Philippines was centralized in structure and national in scope. The barangays were consolidated into towns (pueblos) each headed by a goberrnadorcillo (little governor), popularly called capitan, and the towns into provinces, each headed by a governor represented the Governor General in the province.

Cities governed under special characters were also created. Each of these cities had an ayuntamiento or cabildo (city council). Cebu was the first city to be established in 1565 in the Philippines. The second was Manila, in 1571.

4. The Governor-General - The powers 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.

The first Spanish Governor-General in the Philippines was Miguel Lopez de Legazpi (1565-1571) and the last was Gen. Diego de los Rios (1898).

5. The Judiciary- The Royal Audencia which was established in 1583 was the Supreme Court of the Philippines during the Spanish times. Its decision was final except on certain cases of great importance which could be appealed to the King of Spain. It also performed functions of executive and legislative nature.

Below The Royal Audencia, were two Territorial Audencias established in 1893- one in Cebu and the other in Vigan - which exercised appellate jurisdiction over criminal cases coming from the surrounding territory. In 1886, courts of first instance with both civil and criminal jurisdiction were established in the provinces. At the bottom of the judicial system were the justice of the peace courts which were established in the different towns in 1885.

In addition, there were special courts, like the military and naval courts which had jurisdiction over military offenses, and the ecclesiastical courts which had cognizance of canonical matters and ecclesiastical offenses. Treasury and commercial courts were also created but were later abolished.

6. Evaluation of the Spanish Governments in the Philippines - The government which Spain established in the Philippines was defective. It was government for the Spaniards and not for the Filipinos. The Spanish officials were often inefficient and corrupt. The union of church and state produced serious strife’s between the ecclesiastical and civil authorities. Equality before the law was denied to the Filipinos. The demerits, however, of the Spanish administration were more than offset by its merits.

(a.) The Spanish rule, when viewed in the broader light of global colonization, was generally mild and humane. The Filipino people were not brutalized. Spaniards and Filipinos intermarried and mingled socially. Slavery and tribal wars were suppressed;

(b.) It brought about the unification of the Filipino people. The diverse tribes were molded into one people, under one God, one King, and one government, and out of their common grievances against Spain, blossomed the spirit of nationalism; and

(c.) Spain uplifted the Filipinos from the depth of primitive culture and paganism and gave them the blessings of Christianity and European civilization.

Government during the Revolutionary Era

1. The Katipunan Government -The Katipunan was the secret society that precipitated our glorious revolution on August 26, 1896. It was organized by Andres Bonifacio, who, together with a group of Filipino patriots, signed the covenant of the Katipunan with their own blood on July 7, 1892. 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 (Sangguniang Bayan). The judicial power was exercised by a Judicial Council (Sanggunian gHukuman).

The Katipunan was the first clear break from Spanish rule with the ultimate goal to establish a free and sovereign Philippines. It 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.

2. The Biak-na-Bato Republic - On November 1, 1897, a republic was established by Gen. Aguinaldo in Biak-naBato (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 independent state.” The Biak-na-Bato Republic lasted up to December 15, 1897, with the conclusion of the “Pack of Biak-na-Bato.”

3. 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 23, 1898. The most important achievements of the Dictatorial Government were the Proclamation of Philippine Independence at Kawit, Cavite on June 12, 1898 and the reorganization of local governments.

4. The Revolutionary Government - On June 29, 1898, Gen. Aguinaldo established the Revolutionary Government replacing the Dictatorial Government with himself as

President and a Congress whose function was advisory and ministerial. The decree making such change stated that the new governments were “to 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.”

5. The First Philippine Republic - On September 15, 1898, revolutionary Congress of Filipino representatives met in Malolos, Bulacan at the call of the Revolutionary Government. The Malolos Congress ratified on September 29, 1898 the proclamation of Philippine independence made by Gen. Emilio Aguinaldo in Kawit, Cavite on June 12, 1898 and framed the so-called Malolos Constitution. This Constitution was the first democratic constitution ever promulgated in the whole of Asia. It established a “free and independent Philippine Republic” which was inaugurated on January 23, 1899 with Gen. Aguinaldo as President.

Our First Philippine Republic was not recognized by the family of nations. It was nevertheless an organized government because it actually existed and its authority was accepted by the people. It existed from January 23, 1899 to March 23, 1901.

In February, 1899, the United States annexed the Philippines as a result of the Spanish-American war and in April, 1901, Gen. Aguinaldo was captured. Thus, the Republic was short- lived, its independence cut short by the superior might of a new colonial power. The Malolos Constitution which provided for the establishment of a Philippine Republic had no opportunity to operate. However, this in no way diminishes the historical significance of the Philippine Revolution of 1896. It was the first war of independence fought by Asians against foreign domination and it gave birth to the first constitutional democracy in Asia and the West Pacific.

The previous Philippine Republics

Under Joint Resolution No. 93, approved by the United States Congress on June 29,1994,the President of the United States was authorized to proclaim the independence of the Philippines prior to July 4.1946, after the Japanese had been vanquished and constitutional processes in the country restored. The Republic of the Philippines was formally inaugurated on July 4, 1946 with Manuel A. Roxas as the first President and Elpidio Quirino as the first Vice-President. Roxas and Quirino also served from May 28, 1946 as the last Commonwealth President and Vice-President, respectively.

The 1935 Constitution served as the fundamental law not only for the Commonwealth Government which was interrupted by the Second World War but also for the Republic of the Philippines Until the “ratification” of the 1973 Philippine Constitution establishing a parliamentary form of government, effected by virtue of Proclamation No.1102 of President Ferdinand E. Marcos on January 19, 1973, after the declaration of martial law on September 21, 1972.

The first Republic was established on January 23, 1899 under the Malolos Constitution; the Second on October 14, 1943 under the Japanese sponsored Constitution, and the Third, on July 4 1946 under 1935 Constitution. President Ferdinand E. Marcos, in his inauguration address on June 30, 1981 proclaimed the birth of the Fourth-Republic under 1973 Constitution which, as amended in a plebiscite on April 7, 1981, installed a modified parliamentary system of government thus making him its first President. All in-all, there were nine President in the previous three-republics, including President Marcos in his two(2) terms in the Third Republics.

The Provisional Government of 1986

Before Corazon Aquino took her oath of office on the morning of February 25, 1986 at Club Filipino, San Juan Metro Manila, the last day of a four day “people power” revolt (Feb.22-

25) that culminated in the ouster of President Ferdinand E. Marcos, she read Proclamation No.1 wherein she declared that she and her Vice-President were “taking power in the name and by the will of the Filipino People” on the basis of the clear sovereign will of the people expressed in the election of February 7,1986.In her oath, she swore to preserve and defend the “fundamentals law”(not the “Constitutions”) and execute “just laws” (instead of its laws).

(1) Revolutionary – The government was revolutionary because it was instituted not in accordance with the procedure provided in an existing Constitution. There is a definite acknowledgment in Proclamation No.3 that the provisional government established there under was revolutionary in character (without calling itself as such) having been installed by direct action of the people or by “people power,” deriving its existence and authority directly from the people themselves and not from the then operating 1973 Constitution.

(2) De jure /de facto. – The first is one constituted or founded in accordance with the existing constitution of the state (according to law), while the other is not so constituted or founded but has the general support of the people and effective control of the territory over which it exercises its powers. A de facto government acquires a de jure status when its gain wide acceptance from the people and recognition from the community of nations.

At its inception, the revolutionary government was illegal for lack of constitutional basis not having been sanctioned by either the 1935 or the 1973 Constitution. It was de facto government but acquired a de jure status. There was no question then that the revolutionary government had won continuous public acceptance and support without ant resistance whatsoever anywhere in the Philippines and the recognition of practically all foreign governments.

(3) Constitutional, democratic, and transitory. – The provisional government was not a purely revolutionary one but hybrid constitutional revolutionary government, i.e. a revolutionary government governing under a provisional or interim constitution the people could invoke to protect their rights and to promote their welfare, to exist for a limited period until the ratification and effectively of a permanent constitution. There was nothing, however, to prevent the government from amending, suspending or abrogating the Provisional Constitution and adopting a new one or operating without any constitution.

In other words, the Provisional Constitution did not have the status of a supreme or fundamental law because the government was not created by it and was not bound to obey it.

The provisional government was claimed to be democratic because it was installed by direct action of the people as a direct expression or manifestation of their sovereign will, and, therefore, it was based on the consent of the governed and the approval of the people.

(4) Powers. - A revolutionary government being a direct creation of the people derives its powers from the people to whom alone it is accountable. It is said that a revolutionary government is clothed with unlimited powers because it makes its own laws; it is “a law unto itself.” However, with the adoption of the Provisional Constitution, the revolutionary government opted to abide with and to subject itself to the provisions thereof, pending approval of a new charter.

(5)The Provisional Constitution- Instead of declaring the 1973 Constitution with certain amendments and minus certain articles and provisions, as the interim Constitution. Proclamation No.3 promulgated a Provisional Constitution to replace the former, adopting in toto insofar as they are not inconsistent with the provisions of the Republic came into being upon the ratification of the 1987 Constitution on February 2, 1987. By its very nature, the

Provisional Constitution (as well as the revolutionary government which operated under it) self-destructs upon the ratification and effectivity of the new Constitution on February 2, 1987.