Political Institution PDF

 POLITICAL INSTITUTION/POLITICS Refers to the established normative system of acquiring and exercising power through political processes and activities.  POWER Is the ability to influence and control the actions and behavior of others.  POWER Is the ability...

 POLITICAL INSTITUTION/POLITICS Refers to the established normative system of acquiring and exercising power through political processes and activities.  POWER Is the ability to influence and control the actions and behavior of others.  POWER Is the ability to influence and control the actions and behavior of others. It is not intrinsic so it needs to be acquired from sources.  LEGITIMACY RULE Derived and confirmed from consensus of people such as through election and patronage. CONSENSUS  AUTHORITY THE RIGHTFUL ASSUMPTION TO COMMAND OBEDIENCE AND DIRECT COURSE OF ACTION THROUGH ESTABLISHED SUPERIORITY OR ASCENDANCY. SUPERIORITY  INFLUENCE THE WAYS AND MEANS OF PRODUCING AND MANIPULTING DESIRED OUTCOMES. SUCH WAYS AND MEANS S A SOURCE OF POWER MAY ENTAIL LEADERSHIP TRAITS AND SKILLS, HUMAN & MATERIAL RESOURCES AT ONE’S DISPOSAL. WAYS AND MEANS  INHERENT POWERS OF THE STATE UCSP  POLICE POWER THE INHERENT POWER OF THE STATE TO REGULATE THE RIGHTS AND FREEDOM OF INDIVIDUALS FOR PURPOSES OF PUBLIC SAFETY, PUBLIC MORALS, PUBLIC HEALTH, AND PUBLIC CONVENIENCE.  POLICE POWER SCOPE: SAHUS POPULI EST SUPREMA LEX ( the welfare of the people is the highest law.) And SEC UTERE TUO UT ALIENUM NO LAEDAS (act in such a way that you do not hurt anybody.)  POLICE POWER Entity Who May Exercise PRESIDENT, ADMINISTRATIVE BODIES, LAW-MAKING BODIES OF LOCAL GOVERNMENT UNITS EXERCISE OF POLICE POWER OF LGU’S THE CITY MAYOR HAS POWER TO EXERCISE QUASI-JUDICIAL POWERS-means to perform functions that resemble those of a court or judge.  EXERCISE OF POLICE POWER OF The office LGU’S of the mayor has quasi-judicial powers to order the closing and demolition of establishments.  EXERCISE OF POLICE POWER OF DEMOLITION OF LGU’SESTABLISHMENTS-The building to be demolished is located within the forestland under the administration of the DENR-the issue is not on environmental protection or conservation of natural resources. -BASED ON THE LEGALITY OR ILLEGALITY OF THE STRUCTURE- COMPLIANCE POWER OF EMINENT DOMAIN SCOPE: ACQUISITION BY THE GOVERNMENT OF PRIVATE PROPERTY FOR SOME PUBLIC PURPOSE THROUGH A METHOD LIKE COMPULSORY SALE TO THE GOVERNMENT. BASIS: NECESSITY OF THE PROPERTY FOR PUBLIC USE POWER OF EMINENT DOMAIN -TO TAKE PRIVATE PROPERTY FOR PUBLIC USE UPON PAYMENT OF JUST COMPENSATION. -to be valid, the taking must be for public use, public interest, public benefit, and public convenience.(Justice Corona) POWER OF EMINENT DOMAIN -TO TAKE PRIVATE PROPERTY FOR PUBLIC USE UPON PAYMENT OF JUST COMPENSATION. -to be valid, the taking must be for public use, public interest, public benefit, and public convenience.(Justice Corona)  POWER OF EMINENT DOMAIN JUST COMPENSATION- a full and fair equivalent of the property taken; it is the fair market value of the property. Fair market value is the price a willing buyer would pay a willing seller.  POWER OF TAXATION THE INHERENT POWER OF THE STATE TO IMPOSE TAXES- ENFORCE PROPORTIONAL CONTRIBUTIONS LEVIED ON PERSONS, OBJECTS, TRANSACTIONS FOR THE SUPPORT OF THE STATE AND PUBLIC USE.  POWER OF TAXATION SCOPE: COVERS PERSONS, PROPERTY, OR OCCUPATION TO BE TAXED WITHIN TAXING JURISDICTION. BASIS: EMANATING FROM NECESSITY  POWER OF TAXATION BASIS: “EMANATING FROM NECESSITY” the government imposes taxes out of the essential need to fund its operations, provide public services, and promote the welfare of the people.  POWER OF TAXATION DISASTER RELIEF AND EMERGENCY RESPONSE Taxes are used to fund disaster preparedness, relief, and recovery efforts, especially in countries prone to natural disasters such as earthquakes, typhoons, and floods. These funds help the government provide immediate relief and THE INHERENT POWER OF THE STATE IS ESSENTIAL FOR THE EFFECTIVE DISCHARGE OF THE DUTIES AND FUNCTIONS OF GOVERNMENT, WHEREAS IT IS ONLY THROUGH THE STATE’S INHERENT POWERS THAT GOVERNMENT CAN INTERFERE WITH THE PRIVATE RIGHTS AND PROPERTIES OF INDIVIDUALS..  TYPES OF AUTHORITY 1. TRADITIONAL AUTHORITY 2. CHARISMATIC AUTHORITY 3. LEGAL-RATIONAL AUTHORITY  TRADITIONAL AUTHORITY ✔ based on established customs and long-standing practices. ✔ inherited or passed down through generations, and its legitimacy stems from historical or cultural traditions.  CHARISMATIC AUTHORITY ✔ based on the personal qualities, charisma, or appeal of a leader. People follow charismatic leaders due to admiration, loyalty, or belief in the leader’s vision, rather than any formal or legal basis.  RATIONAL-LEGAL AUTHORITY ✔ rooted in established laws, rules, and procedures. Leaders gain legitimacy through formal systems, such as constitutions or elections, and are expected to exercise power within a set legal framework.  It is only in politics through the state that man’s life and interests can be protected. (Banaag Protection of Life and Property Safeguarding Interests and Rights Provision of Public Goods and Services  Maintaining Social Order and Stability  ASPECT IN MAINTAINING SOCIAL ORDER UCSP  1. CREATING FORMAL NORMS 3 TYPES OF LAWS DEPENDING ON THEIR ORIGINS 1. CONSTITUTIONAL LAWS 2. STATUTORY LAWS 3. COMMON LAWS 1. CONSTITUTIONAL LAWS THESE ARE FORMALIZED NORMS THAT EMERGE IN THE CONSTITUTION, THE WRITTEN PLAN IN THE GOVERNMENT. 1935 Constitution Drafted by the Constitutional Convention, it was approved by Filipino voters in a plebiscite. This constitution was made during the Commonwealth era and was largely influenced by the United States, as the Philippines was a U.S. territory at the time.. 1973 Constitution Drafted under the government of President Ferdinand Marcos by a Constitutional Convention held in 1971. It introduced changes to the political structure, including a shift from a presidential to a parliamentary system, which allowed for an extended term for Marcos.  CONSTITUTIONAL CONVENTION DELEGATES/REPRESENTATIVE RATIFICATION-( National Referendum) PLEBISCITE 1987 Constitution Drafted by the 1986 Constitutional Commission, appointed by then-President Corazon Aquino following the People Power Revolution that ended the Marcos regime. A Constitutional Convention is a formal gathering of representatives chosen or elected to draft or revise a constitution. Delegates to a convention are typically elected by the people or appointed by a government body. Constitutional Commission is a body often appointed by the government to review, draft, or propose amendments to the constitution. Commissioners are usually selected based on their expertise, legal knowledge, or experience rather than through popular election. The 1987 Constitution is the current governing document of the Philippines. The commission, composed of 48 appointed delegates, aimed to restore democratic institutions and safeguard human rights.  2. STATUTORY LAWS THESE ARE LAWS THAT HAVE BEEN ENACTED BY A LEGISLATIVE BODY OF THE GOVERNMENT LIKE CONGRESS, AND CITY COUNCILS. Statutory laws are also subject to amendment or repeal by the same legislative body that created them. Republic Act No. 7610 - "Special Protection of Children Against Abuse, Exploitation, and Discrimination Act" provides protections for children and addresses child abuse and exploitation. Republic Act No. 9262 - "Anti-Violence Against Women and Their Children Act of 2004," which penalizes acts of violence against women and children in the context of domestic or family situations. Republic Act No. 8371 - "Indigenous Peoples’ Rights Act of 1997," which recognizes and protects the rights of indigenous cultural communities and indigenous peoples. Civil Code of the Philippines - Governs family and property relations, obligations, and contracts. Revised Penal Code - Defines criminal offenses and their corresponding penalties, covering crimes such as theft, murder, and fraud.  3. COMMON LAWS THESE ARE UNWRITTEN LAWS BUILT OVER CENTURIES ON A LOCAL CUSTOM AND PRECEDENT, AND FURTHER DEVELOPED BY JUDICIAL DECISIONS. THEY ARE NOT PERMANENT; THEY CHANGE DEPENDING ON NEW JUDICIAL INTERPRETATIONS. Family and Succession Laws – the interpretation and application of laws on marriage, inheritance, and other family matters are often influenced by court decisions and the interpretation of long-standing legal principles, some of which are drawn from common law traditions. Judicial Precedents on Torts and Damages - Philippine courts often refer to previous decisions (case law) on matters involving torts (civil wrongs), liabilities, and damages, even though they may not be explicitly detailed in 1. CREATING FORMAL NORMS 2. APPLYING SANCTIONS 3. SETTLING DISPUTES AMONG INDIVIDUALS 4. SETTLING DISPUTES AMONG NATIONS Aspect of Maintaining Social  SOCIAL FUNCTIONS OF POLITICAL INSTITUTION 1. PROMOTION & PROTECTION OF THE COMMON INTERESTS.  SOCIAL FUNCTIONS OF POLITICAL INSTITUTION 2. THE MAINTENANCE OF PEACE AND ORDER IN SOCIETY  SOCIAL FUNCTIONS OF POLITICAL INSTITUTION 3. THE REGULATION OF THE RIGHTS AND FREEDOM OF MEMBERS OF SOCIETY  SOCIAL FUNCTIONS OF POLITICAL INSTITUTION 4. THE PROVISION OF SOCIAL SERVICES TO THE PUBLIC.  SOCIAL FUNCTIONS OF POLITICAL INSTITUTION 5. THE DISPENSATION OF JUSTICE IN THE SOCIETY.  FORMS OF GOVERNMENT I. ACCORDING TO II. ACCORDING TO RESTED ESTABLISHMENT SOVEREIGNTY 1. DE JURE 1. DICTATORSHIP 2. DE FACTO 2. MONARCHY  FORMS OF GOVERNMENT ACCORDING TO RESTED ACCORDING TO RESTED SOVEREIGNTY SOVEREIGNTY 2.OLIGARCHY OR 3.DEMOCRACY ARISTOCRACY 1.1 Direct/Pure 1.1 OLIGARCHY 1.2 1.2 ARISTOCRACY Indirect/Representative  FORMS OF GOVERNMENT III. ACCORDING TO POWER IV.ACCORDING TO POWER CONCENTRATION RELATIONS 1.UNITARY 1.PRESIDENTIAL 2.FEDERAL 2.PARLIAMENTARY  FORMS OF GOVERNMENT I. ACCORDING TO ESTABLISHMENT 1. DE JURE- government that is recognized as legitimate under legal provisions and processes that established it. 2. DE FACTO-a government that is established without legal basis or legitimate claim contrary to existing laws.  FORMS OF GOVERNMENT I. ACCORDING TO ESTABLISHMENT 1. DE JURE- government that is recognized as legitimate under legal provisions and processes that established it. The Philippine Government under the 1987 Constitution, headed by the elected president and the duly elected members of the legislature, is a de  FORMS OF GOVERNMENT I. ACCORDING TO ESTABLISHMENT 1. DE FACTO-a government that is established without legal basis or legitimate claim contrary to existing laws. -Martial Law in 1972-the subsequent regime was viewed as a de facto government—an authoritarian regime without the legitimate constitutional processes of governance.  FORMS OF GOVERNMENT II. ACCORDING TO RESTED SOVEREIGNTY 1.DICTATORSHIP/MONARCHY-sovereign power rests in only one person. Dictatorship- rule by a dictator who does not come from royalty and rules by virtue of assumed destiny and force.The corrupted form of dictatorship is called totalitarian and its ruler is a fascist.  FORMS OF GOVERNMENT II. ACCORDING TO RESTED SOVEREIGNTY 1.DICTATORSHIP/MONARCHY-sovereign power rests in only one person. Monarchy- rule by a monarch who assumes the highest title or royalty such as king, or sultan, and by divine right. The corrupted form of monarchy is called tyranny and its ruler is tyrant.  FORMS OF GOVERNMENT ACCORDING TO RESTED SOVEREIGNTY 2.OLIGARCHY OR ARISTOCRACY- a government wherein sovereign power rests in a group of persons who belong to the elite or privileged few. 1.1 OLIGARCHY- used to refer to rule by oligarchs or persons who occupy the upper social strata. 1.2 ARISTOCRACY- used to refer to rule by aristocrats or persons of nobility or royalty.  FORMS OF GOVERNMENT ACCORDING TO RESTED SOVEREIGNTY 3. DEMOCRACY- sovereign power rests in the majority. 1.1 Direct/Pure – the population directly participates in the political affairs of the state as in the case of classroom election and forum. This is only possible with small population. 1.2 Indirect/Representative- the population indirectly participates in the public affairs of the state through chosen representatives. This type of democracy is also called a REPUBLIC.  FORMS OF GOVERNMENT III. ACCORDING TO POWER CONCENTRATION 1.UNITARY- government powers are centralized or concentrated towards the center which is the national or central government, whereas the local government derives power only from the national or central gov’t. 2.FEDERAL- exercises powers only for national and foreign affairs, whereas the local governments exercise exclusive powers for local affairs that are not derived from the national or central government.  FORMS OF GOVERNMENT IV.ACCORDING TO POWER RELATIONS 1.PRESIDENTIAL- refers to a system of government where the president is the central figure, holding significant executive powers and serving as both the head of state and the head of government.  FORMS OF GOVERNMENT PRESIDENTIAL LEGISLATIVE- enact laws EXECUTIVE- enforces laws JUDICIAL- applies and interprets laws  FORMS OF GOVERNMENT IV.ACCORDING TO POWER RELATIONS 2.PARLIAMENTARY- the head of government is typically the prime minister, who is appointed by the legislature and leads the executive branch, while the head of state may be a monarch or a ceremonial president. DIFFERENCES BETWEEN PARLIAMENTARY AND PRESIDENTIAL SYSTEMS SELECTION OF ACCOUNTABILITY FUSION VS. EXECUTIVE SEPARATION In a parliamentary In a parliamentary system, A parliamentary system the government can be involves a fusion of system, the prime dismissed through a vote of executive and legislative minister is elected by no confidence in powers, whereas a the legislature, while in parliament. In a presidential system a presidential system, presidential system, the maintains a separation of the president is directly president can only be powers between the elected by the people. removed through executive, legislative, and impeachment. judicial branches. THE PHILIPPINES IS A DEMOCRATIC AND REPUBLICAN STATE. Sovereignty resides in the people and all government authority emanates from them. It renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom cooperation, and amity with all nations. Strictly observe the inviolability of the separation of Church and State. THANK YOU