REVIEWER-IN-POL205 (2).pdf

LESSON 1: CONCEPTS OF PUBLIC - actually the result of activities which POLICY the government undertakes in pursuance of certain goals and INTRODUCTION:...

LESSON 1: CONCEPTS OF PUBLIC - actually the result of activities which POLICY the government undertakes in pursuance of certain goals and INTRODUCTION: objectives - Public policy formulation and Public policies are as old as implementation involves a governments. Whatever be the form, well-planned pattern or course of oligarchy, monarchy, aristocracy, activity. It requires a close-knit tyranny, democracy etc., - whenever relationship and interaction between and wherever governments have important governmental agencies, existed, public policies have been the political executive, legislature, formulated and implemented bureaucracy, and judiciary. To Cope with the varied problems - A FORM OF DECISION MAKING and demands of the people the TO GIVE SOLUTIONS AND government has to make many ADDRESSING SOCIETAL policies, these policies are called CHALLENGES. public policies. POLICY MAKING PROCESS DIFFERENT DEFINITIONS OF PUBLIC is a part of politics and political POLICY ACCORDING TO: action ROBERT EYESTONE: "the POLITICAL SYSTEM relationship of government unit to its - is a set of interactions having environment.” structures, each of which performs THOMAS R. DYE: "Public policy is its functions in order to keep it like whatever government chooses an on-going concern, it is a set of to do or not to do" processes that routinely converts GUY PETERS: "the set of activities inputs into outputs. that governments engage in for the purpose of changing their economy PUBLIC POLICY and society“. - IS A FORM OF DECISION MAKING TO GIVE SOLUTIONS AND POLICIES VS GOAL? ADDRESSING SOCIETAL ⚬ A goal is a desired state of affairs that CHALLENGES. a society or an organisation attempts - a proposed course of action of a to realise. Goais can be understood in a person, group or government within variety of perspectives. These can be a given environment providing thought of as abstract values that a opportunities and obstacles which society would like to acquire. the policy was proposed to utilise ⚬ Public policies are concerned with and overcome in an effort to reach a such specific goals. They are the goal or realise an objective or instruments which lead to the purpose. achievement of these goals. - are governmental decisions, and are POLICIES VS DECISION? Mainly Formulated by Governmental There can be some similarities in the Organs processes involved in Aims at Achieving what is in the decision-making and policy-making. Public Interest Both are concerned with choice Use of Best Possible Means among alternatives, and similar Involvement of Various Bodies & processes can be followed in Agencies generating alternatives. However, we should always TYPOLOGIES OF PUBLIC POLICY remember that policy is a more Substantive Policies complex term, as it encompasses a Regulatory Policies series of decisions and has a Distributive Policies comparatively longer time Redistributive Policies perspective. Capitalisation Policies Decision can be a one time action. Policy consists of several decisions 1. SUBSTANTIVE POLICIES that are taken to fulfil its aims. These policies are concerned with A policy consists of a series of the general welfare and decisions tied together into a development of the society, the coherent whole. programmes like provision of education and employment NATURE OF PUBLIC POLICY opportunities, economic stabilisation, Public Policies are goal-oriented. law and order enforcement, Public policy is the outcome of the anti-pollution legislation etc. government's collective actions. Public policy is what the EXAMPLES: government actually decides or ⚬REPUBLIC ACT No. 11223 - Universal chooses to do. Health Care Act of 2019 Public policy is in the sense that it ⚬REPUBLIC ACT No. 10931 - Universal depicts the government's concern Access to Quality Tertiary Education and involves its action in a particular Act of 2017 dilemma on which the policy is ⚬REPUBLIC ACT NO. 10173 - Data-Privacy made. Act of 2012 ⚬REPUBLIC ACT NO. 8293 - Intellectual CHARACTERISTICS OF PUBLIC POLICY Property Code of the Philippines of Public Policy is a Dynamic Process 1997 Policy ~making Comprises Various Components Policy Structure makes Different Contributions Decision-Making Lays down Major Guidelines Results in Action Directed at the Future  2. REGULATORY POLICIES REPUBLIC ACT NO. 10963 - Tax Regulatory policies are concerned Reform for Acceleration and with regulation of trade, business, Inclusion (TRAIN) Act safety measures, public utilities, etc. REPUBLIC ACT NO. 11534 - The This type of regulation is done by Corporate Recovery and Tax independent organisations that work Incentives for Enterprises (CREATE) on behalf of the government. law Eg: Life Insurance Corporation, Meralco, Maynilad, TelCom. CAPITALISATION POLICIES The policies made by the Under the capitalisation policies government, pertaining to these financial subsidies arc given by the services and organisations rendering Union government to the state and these services are known as local governments, such subsidies regulatory policies are also granted to the central and state business undertakings or some EXAMPLES: other important sphere if necessary. ⚬REPUBLIC ACT No. 3720 - "Foods, Capitalisation policies arc different in Drugs, Medical Devices and nature than the substantive, Cosmetics Act", regulatory, distributive and ⚬REPUBLIC ACT No. 6675 "Generics Act" redistributive policies as no provision ⚬REPUBLIC ACT No. 8203 "Act Prohibiting for public welfare services is made Counterfeit Drugs", through there ⚬REPUBLIC ACT No. 7394 "Consumers Act." EXAMPLES: ⚬REPUBLIC ACT No. 9208 “Anti-Trafficking in Persons Act of 2003" REPUBLIC ACT NO. 11954 - Maharlika Investment Fund 3. REDISTRIBUTIVE POLICIES Act of 2023 Redistributive policies are concerned REPUBLIC ACT NO. 10390 - with rearranging policies that bring An Act Revitalizing the about fundamental social and People’s Television Network, economic Changes. Incorporated Certain public goods and welfare REPUBLIC ACT NO. 11232 - services are disproportionately Revised Corporation Code of divided among specific segments of the Philippines” society; these goods and services are streamlined EXAMPLES: REPUBLIC ACT NO. 6657 - Comprehensive Agrarian Reform Law. LESSON 2: STAGES OF PUBLIC POLICY - (the size of the government is always increasing) STAGES IN POLICY FORMULATION 1. AGENDA SETTING - agenda of THREE APPROACHES TO POLICY addressing the problem ANALYSIS - media plays a vital role in addressing or calling out the APPROACH PRIMARY TYPE OF problems in the government QUESTION INFORMATION 2. POLICY FORMULATION - taking up EMPIRICAL FACTS: DOES DESCRIPTIVE the issue by legislators IT AND WILL 3. IMPLEMENTATION/ POLICY IT EXIST? PREDICTIVE ADOPTION- adoption of policy VALUATIVE VALUES: OF 4. EVALUATION - TO EVALUATE A WHAT VALUATIVE WORTH IS IT? LAW, THE LAW SHOULD BE AT LEAST 5 YEAR; SINCE ENACTED NORMATIVE- ACTION: 5. DISSEMINATION - VALUE WHAT PRESCRIPTIVE CRITICAL SHOULD BE 6. ADOPTION - IF THE STATE DONE? WANTS TO ADOPT A POLICY IMPLEMENTED IN ANOTHER STATE 7. REVISION (optional) APPROACH EMPIRICAL Concerned with the CAUSES POLICY MAKING PROCESS and EFFECTS of public policies - COST VALUATIVE Mainly concerned with - BENEFIT determining the worth or value of - PROCESS REGULATION public policy NORMATIVE- Concerned with recommending 5 TYPES OR PP VALUE future courses of action that may congressional CRITICAL resolve public problems presidential order court decision MODELS OR THEORIES OF PUBLIC budgetary choice. POLICY: Regulation Political Systems Theory Group Theory 4 TYPES OF POLITICS Elite Theory Institutionalism 1. MAJORITARIAN POLITICS Rational Choice Theory 2. INTEREST GROUPS 3. CLIENT POLITICS 4. ENTREPRENEURSHIP POLITICS Why is there a need for policy making? POLITICAL SYSTEMS THEORY group's being organized, from its INPUT → POLITICAL → OUTPUT having status, good leadership, or The concept of feedback indicates resources such as money for that public policies (or outputs) made at a given time may subsequently Social lobbying—the wining, dining, alter the environment and the and entertaining of legislators and demands arising therefrom, as well other public officials— can be as the character of the political understood as an effort to create system itself. Policy outputs may access by engendering a feeling of produce new demands, which lead obligation to the groups involved. to further outputs, and so on in a never-ending flow of public policy. CRITICS IN GROUP THEORY In the nature of things, some groups GROUP THEORY will have more access than others. Public policy is the product of the Public policy at any given time will group struggle. reflect the interests of those who are Group theory rests on the contention dominant. As groups gain and lose that interaction and struggle among power and influence, public policy groups are the central facts of will be altered in favor of the political life. A group is a collection of interests of those gaining influence individuals that may, on the basis of against the interests of those losing shared attitudes or interests, make it. claims upon other groups in society. Another shortcoming of group theory It becomes a political interest group is that in actuality many people (e.g., "when it makes a claim through or the poor and disadvantaged) and upon any of the institutions of interests (such diffuse interests as government.” natural beauty and social justice) are The individual is significant in politics either not represented or only poorly only as a participant in or a represented in the group struggle representative of groups. It is through groups that individuals seek to secure their political preferences. ELITE THEORY A central concept in group theory is This model shows that the top of that of access. To have influence political and economic hierarchies and to be able to help shape set the institutional agenda governmental decisions, a group (top-bottom style). It focuses on who must have access, or the opportunity sets the agenda. Elites include to express its viewpoints to political officials, corporate decision-makers. representatives, interest groups, and Obviously, if a group is unable to other influential people and communicate with decision-makers, institutions. if no one in government will listen, its Agenda setting is viewed as follows: chances of affecting policy making Elites on their own randomly select are slim. Access may result from the issues they specialize in, or observe  hierarchies like congressional contends that politicians are guided by their committee structure. self-interest rather than an altruistic Society’s elites may select issues commitment to such goals as that serve their own interests and statesmanship or the national interest. ignore the public interest. The elitist model has the following key JAMES BUCHANAN: "This should be no assumptions: surprise," says Buchanan, "because There exist a dominant class (elites) governments are made up of individuals, that monopolize political power, and; and individuals operate from self-interest Ordinary citizens (the masses) have when they are engaged in a system of relatively little power over matters exchange, whether this is in the that are of concern to elites market economy or in politics.“ INSTITUTIONALISM THEORY RENE DESCARTES: Individuals who are The policy is a product, engaged in decision-making exchanges or authoritatively determined, transactions, such as voting, also have implemented, and evaluated by the preferences that vary from person to government institutions: Congress, person. Being rational, individuals are able the presidency, and other elective to comprehend and rank their preferences officials and the bureaucracies, both from most to least desired. In making local and national. decisions (whether economic or political), In this model, a policy does not they are guided by these preferences and become a public policy until it is will seek to maximize the benefits they gain. legitimized by the government entity concerned. RATIONAL-CHOICE THEORY The rational-choice theory, which is sometimes called social choice, public choice, or formal theory, originated with economists and involved applying the principles of microeconomic theory to the analysis and explanation of political behavior (or non-market decision-making). It has now gained many adherents among political scientists. One of its basic axioms is that political actors, like economic actors, act rationally in pursuing their own self-interest. Thus, economist James Buchanan, a leading proponent of rational choice theory, LESSON 3: EVOLUTION OF THE PUBLIC EARLY FILIPINO SYSTEM OF POLICY IN THE PHILIPPINE GOVERNMENT GOVERNMENT ISLAM’S INFLUENCE ON THE POLITICAL 2 DIFFERENT KINDS OF OLD SYSTEM: GOVERNMENT: The sultan of the Muslim community 1. BARANGAY is still the sultan of Muslim - Datu/Raja provinces. - *make laws and implement The effect of Islam religion and their them so that peace and order interaction with the people behind it, would prevail in their the Muslims have acquired a better community. perception of their religion and the - The members of his laws. community helped and The political organizations and their participated in the realization livelihood progressed. Because of of the projects in the this, they were not easily swayed by barangay colonizers. - barangay laws: written and oral 2. SULTANATE - Sultan - *maintaining peace and order, - responsibility to let the Islam religion and Muslim tradition remain in the lives of his constituents. - laws of the sultanate government: based on the Koran (Muslim Bible) and the Sunnah (Mohammed's traditions) SPANISH PERIOD: - introduced the Centralized form of 2 EXAMPLES OF A WRITTEN LAW government 1. MARAGTAS CODE: (Datu divided into two units: the Central Sumaktel of Panay in 1250) government and the Local - This is the first law ever written government. which focuses on the penalty for Governor-General, Has the highest those who are lazy position in the government. 2. KALANTIAW: (Datu Kalantiaw in Royal Audiencia was the Supreme 1433) Court of the Philippines. - This code speaks of death penalty, Residencia and the Visitador were exposure to ant bites for those who the special courts that investigated have been proven to be murderers, the conduct of the governor-general thieves and those who marry women and other high-ranking Spanish who are under age and those who officials. would rebel against elders.  Local Government was responsible by a governor representing the for the following: Governor General in the province. the provinces, cities, towns, and barrios. Cities governed under special The provinces were divided into two: characters were also created. Each – Alcaldia which recognized Spain's of these cities had an ayuntamiento possession over the land and the or cabildo (city council). – Corregimiento where the people Cebu was the first city to be had not succumbed to its ruling established in 1565 in the power. Ayuntamiento or the city Philippines. The second was Manila, government was the center of in 1571. society, religion, culture, and business. GOVERNOR-GENERAL exercised by the Governor-General Pueblo was governed by the “Governor-General” “Captain gobernadorcillo, the highest position General,” and “vice-royal patron.” for Filipino politicians. Governor-General -he had Cabeza de Barangay governed the executive, administrative, legislative, barrios and judicial powers Captain-General, he was Commander-in-chief of all the Armed SPANISH COLONIAL GOVERNMENT: Forces in the Philippines. During the Spanish colonial Vice-royal patron, he exercised government, the Philippines was certain religious powers. governed by the King of Spain. The first Spanish Governor-General Council of the Indies → Council of in the Philippines was Miguel Lopez Ministers → Ministry of Ultramar de Legazpi (1565 1571) and the last Philippines was given representation was Gen. Diego de los Rios (1898). in the Spanish Cortes (the legislative body of Spain) THE JUDICIARY: A basic principle introduced by The Royal Audiencia which was Spain to the Philippines was the established in 1583 was the union of the church and the state. Supreme Court of the Philippines during the Spanish times. SPANISH COLONIAL GOVERNMENT: Its decision was final except on Unitary Government: The certain cases of great importance government that Spain established that could be appealed to the King of in the Philippines was centralized in Spain. It also performed functions of structure and national in scope. executive and legislative nature. The barangays were consolidated into towns (pueblos) each headed by FRAILOCRACIA a gobernadorcillo (little governor), The governor-general had power popularly called capitan, and the over the church. The friars, on the towns into provinces, each headed other hand, played a very important role in the government REVOLUTIONARY ERA: This Constitution was the first democratic constitution ever THE KATIPUNAN GOVERNMENT promulgated in the whole of Asia. It organized by Andres Bonifacio established a “free and independent first clear break from Spanish rule Philippine Republic” which was with the ultimate goal to establish a inaugurated on January 23, 1899 free and sovereign Philippines with Gen. Aguinaldo as President THE BIAK-NA-BATO REPUBLIC ACT/LAWS UNDER THE FIRST established by Gen. Emilio PHILIPPINE REPUBLIC: Aguinaldo It had a constitution which was to 1. THE BRIGANDAGE ACT take effect for two years only –intended to divide the support of the It declared that the aim of the people against those who fight the revolutions was the “separation of Americans. the Philippines from the Spanish 2. THE SEDITION ACT monarchy and their formation into an –prohibited any persuasion in achieving independent state.” independence be it through peaceful or violent means DICTATORIAL GOVERNMENT 3. THE FLAG LAW –prohibited the public display of anything established the Dictatorial particularly the Philippine flag and KKK that Government on May 23, 1898. would serve as reminder of freedom The most important achievements of the Dictatorial Government were the Proclamation of Philippine Independence at Kawit, Cavite on June 12, 1898 and the SYSTEM OF GOVERNMENT IN THE reorganization of local governments. AMERICAN PERIOD: On June 29, 1898, Gen. Aguinaldo established the Revolutionary. The LAWS PASSED BY THE U.S CONGRESS government replaced the Dictatorial FOR THE INDEPENDENCE OF THE Government with himself as PHILIPPINES President and a Congress whose 1. The Cooper Law function was advisory and 2. Jones Law ministerial. 3. Hare-Hawes-Cutting Law 4. Tydings-McDuffie Law THE FIRST PHILIPPINE REPUBLIC: - provided the necessary steps that the On September 15, 1898, the Filipinos should take to prepare for the revolutionary Congress of Filipino coming independence. Filipino representatives met in Malolos, representatives made the Constitution Bulacan at the call of the during the Constitutional Convention Revolutionary Government MAY 14, 1935 became a very important event for women because they were allowed to vote for the first time. PREVIOUS PHILIPPINE REPUBLICS THE COMMONWEALTH FIRST REPUBLIC was established under the 1935 was established on January 23, Constitution. 1899 under the Malolos Constitution Manuel Quezon was elected SECOND REPUBLIC President of the Commonwealth was established on October 14, while Sergio Osmena was elected 1943 under the Japanese sponsored Vice-President Constitution THIRD REPUBLIC was established on July 4 1946 under the 1935 Constitution. FOURTH REPUBLIC JAPANESE GOVERNMENT IN THE President Ferdinand E. Marcos, in PHILIPPINES: his inauguration address on June 30, 1981 PHILIPPINE EXECUTIVE COMMISSION was also known as the Central Government of the Philippines. Established by the Japanese High CONCLUSION: Command All-in-all, there were nine Presidents Established in January 1942 in the previous three-republics, Headed by Jose B. Vargas including President Marcos in his The commission formed seven two(2) terms in the Third Republics. departments each of which had a Filipino secretary and each secretary had a Japanese adviser. This was to determine the loyalty of their service. JOSE P. LAUREL became the president of the 2nd Republic on Oct. 14, 1943 in front of the Congress building. The people did not accept the second republic because they knew that the president did not have the power to run the government. This was the reason why the second republic was called a fake or a Puppet Republic. LESSON 4: ROLE OF LGU AND OTHER implement national welfare policies. GOVERNMENT AGENCY IN POLICY (Atienza, 2006) MAKING PROCESS DECENTRALIZATION THE PHILIPPINE GOVERNMENT The process that involves the The Republic of the Philippines is a transfer of planning, constitutional democracy, with the decision-making, or administrative president as head of state. authority from the central government to its field organizations, BRANCHES OF THE GOVERNMENT: local government or 1. Executive non-governmental organizations 2. Legislative 3. Judicial DECENTRALIZED GOVERNANCE Ensures delegation of power and THE PHILIPPINE CONSTITUTION authority to the remote level is the fundamental basis of the laws administration of the land supported by other laws, such as the Civil Code, the Labor LIMITATIONS OF LOCAL GOVERNMENTS Code, the Omnibus Investments 1. RULE OF LAW Code, and the National Internal 2. HORIZONTAL DISTRIBUTION OF Revenue Code, as well as by rules GOVERNMENT POWERS and regulations passed by 3. VERTICAL DISTRIBUTION OF government bodies GOVERNMENT POWERS 4. LIBERTY AND DEMOCRACY NATURE OF LOCAL GOVERNANCE IN THE PHILIPPINES Unlike in a federal government – in a unitary government the National/Central government has the general power to all the affairs of the state. The orders, laws, and decision-making process must come from the central government before absorbing or traveling down to the LGUs. LOCAL GOVERNANCE LGUs are divided into three branches as well;Executive, Legislative, and the Judiciary. – decentralization and loc governance Local governments have the task to provide local public services and