HUMSS-POLGOV_ Philippine Politics and Governance Notes .pdf

HUMSS-POLGOV: Politics and Governance 1ST QUARTER POLITICAL CONCEPTS Politics - Expression of Ideas, Things or in communication Expression of your advocacy, Politics is a dialogue Exchanging Ideas, Politics is a struggle and has its power and advocacy May be Direct or Indirect and the study of p...

HUMSS-POLGOV: Politics and Governance 1ST QUARTER POLITICAL CONCEPTS Politics - Expression of Ideas, Things or in communication Expression of your advocacy, Politics is a dialogue Exchanging Ideas, Politics is a struggle and has its power and advocacy May be Direct or Indirect and the study of power and the powerful Politics and the State -refers to the activities which involve government institutes, its business and its relationship with the people Politics is a process, a conflict and resolution Process should have mutual respect, compromised and conflict, and arguments Conflict must have a topic to discuss Politics as the exercise of Power -Ordinary people -Politicians -Control - "who gets what, when and how - a distribution of resources - decisions on "who gets what" Politics is a social and public activity - social activities involved - "always a dialogue, never a monologue" "Realpolitik" - to get things done - a person's ego would release itself of its personality - Pragmatic concerns - A domino effect - Disregarding ideology, moral and ethical standards - Happens in everyday life Real-Life Politics Political Realism - politics is a continous struggle Complex Interdependence - linkage of socities, government and states in all economic and political activities Global Injustice - inequality is a reality Political Science - It is the study of governments, public policies, and political possess systems and political behavior - It is a social science concerned with the theory Branches: - Political Theory: Ideas and contributions of classical thinkers - Comparative Politics: Compares and analyzes the government, constitutions within and of different countries around the world - Public Administration: Implementation of government policy and public service - International Relations: Political economic relationship between states and other international organization - Public Law: Relationship between government and its citizens - Political Methodology: Quantitative method to describe and define political phenomena Concepts of State and Nation: Meaning of State - A community of persons permanently occupying a definite portion of territory, having a government of their own to within they render obedience Rights of the State: - Right of Existence and self-defense - Right of Independence: To respect the rights of each state. Hindi papasok lamang sa isang teritoryo ng walang permission - Right of Equality: Co-equal with the others immediately and "Entitled to one book of all countries" - Right of Legation/Diplomatic Relation Role of the State: "Parens Patriae"- Parents of the Country - It is the note of the state as a sovereign and quardian of person under legal disability such as juveniles of the insane - It is a principle that the state must care for those who cannot take of Elements of State: (if one of this is missing, then a country is not a state anymore) 1. People 2. Territory 3. Government 4. Sovereignity State Continuity Doctrine - despite changes in government on administration People - refers to the large numbers of inhabitants living in the state. Must be small enough to be ruled. Must be big enough to be self-sufficient Territory - Include the land over within the state exercises control. Also includes the rivers and lakes therein. Mass of land where people can permanently reside. Certain of the sea which borders on its costs and their space 3 Types of Territory: Land, Water and Aerial Territory Government - Refers to the agency through the will of the state is formulated. Could be referred as the "administration" Sovereignity - supreme power of the state to command and force State vs Nation: - Nation is a population having aa common language and literature at a common tradition and history, common customs State vs Government: - Government is only the agency through which the state expresses its will. Cannot exist without government. But possible to have a government without a state APPARATUS TO THE STUDY OF POLITICS 1. Traditional/Historical - Uses history, concentrates exclusively in history, emphasizes chronology and the historical development of government structures. Use of "Chronological Order" 2. The Scientific/Behavioralist - Seeks to understand how individuals behave within a political institutions and informal behavior contributes to politcy making. Use of Methodology, Variables, and Hypothesis to arrive at the theory 3. Political Economy - Concerned with the relationship between the government and economics. Economics involves conflict over source while politics involves decisions 4. The System Approach 5. Structural Functions Approach - In every political system, these are certainstructures and these cannot be confused within each other. These functions must be performed to maintain the stability of the political systems. TEN IMAGES OF PHILIPPINE POLITICS 1. Board Room Politics (BORO Politics) - Involves decision making by business elites and professionals but with important public consequences. Some examples include the People Power 2 against Joseph Estrada. Should be inclusive to this statement: Poor, Middle and Rich class should be balanced 2. Bureaucratic Politics - Rule making and adjudication and bureaucratics with impacts from clients and professionals. Make decisions in favor of private business and political interests. Usually on private people, friends, etc for power. 3. Congress Politics - It is a policy making made by legislatives. Laws that affect private and public interests. Legislation is politically beneficial 4. Chief Executive Politics (CHEX Politics) - Refers to a process dominated by presiden, governors, mayors and their advisors. They process and execise discretionary powers that are beneficial to majority but determined to some few. 5. Court Room Politics - Refers to court orders and decisions of judges, and prosecutors in response to guest groups and aggrieved individuals 6. Multimedia Politics - All of this media promote the political interests and choices of those who own them, who pay them, and who use them. Media can make AND UNMAKE a president or leader (meaning kayang manira ng multimedia ang isang presidente sa socmed) 7. Faith Based Politics (FABA) - Is one where decisions are made by leaders and members of religious groups and have political implications like El Shaddai, Jesus is Lord Church, Iglesia Ni Cristo, Cathlic Bishop Conference of the Philippines, National Council of Churches in the Philippines are some of the most prominent religious groups which take political positions on public issues. 8. Military Politics - Involves the calculated decisions of the military and police generals and their subordinates to affect presences in the political arena. Key factors that changed government and government leaders. 9. Civil Society Politics - The high profile socio political engagement and proactive lobbying of voluntary groups such as NGOs, POs socio-civic societies 10. X-Men Politics - Less prominently mentioned, less openly named, less publicly included but actively engaged implifying and managing self-serving political decisions. Drug Lords, Gambling Lords, vice lords, who supports at the center of politicians and bureaucratics who in retary provide protection to syndicated crimes GOVERNMENT, GOVERNANCE AND TYPES OF GOVERNMENT: Government - a structure it does not refer to a person - It is the agency which formulates, expresses and realizes the will of the people - Formed according the Consitution - 1987 Constitution - 3 Branches of Government : LEGISLATIVE, EXECUTIVE AND JUDICIAL - Legislative and executive makes the law and is separated by two houses; Upper House - The Senate (can pass a bill) and the Lower House - The House of Representatives - Separation of Powers - co equal from among the three branches of government. Subject to Checks and Balances - Checks and Balances GOVERNMENT VS. ADMINISTRATION - Administration is composed of group of persons in whose hands that refers of government are for the fine being - Government can be only changed by the Consitution - It runs the offers of the government for a given period of time, often which another administration may be called upon by the people who give them Governance - It is the process of decision-making and the process by which decisions are implemented. Quality of governance is determined by the impact of the exercise of power. 8 MAJOR CHARACTERISTICS OF GOOD GOVERNANCE: -Participatory - Right of information, freedom of exprosion -Consensus Oriented - All interests must be heard -Accountable - Responsibility -Transparent - Follow the rule of law. Public accessibility -Responsive - Timely. Must be effective and efficient -Effective and Efficient - Sustainability of resources -Equitable and Inclusive - All stakeholders -Follows the Rule of Law - Impartial Implementation. "Characteristics of Good Governance" POOR GOVERNANCE: - By orbitory policy making - Uncontrollable Bureaucratics - Unenforced or unjust legal systems - The abuse of executive power - A civil society unengaged in public life - Widespread corruption KINDS OF GOVERNMENT BASED ON LEGITIMACY: De Jure - Legitimate Government (a legitimate administration) De Facto - Illegitimate Government (not in accordance within the law or the Constitution) Government by revolution - existence of a governement stablished, organized out of a revolution Government by secsession - they are separated from the main government. May violate the 1987 Constitution of the Philippines Government by Occupation - when a certain country or state would occupy another state successufully and established a government onto the another country itself and made its own Constitution, will be considered as De Facto. Test to Determine the states of Government in International Law - The elevation from De Facto to Jure will depend in the Recognition of international community. PURELY POLITICAL IN NATURE. Done as the "ACTS OF GOVERNMENT" Under the "Act of State Doctrine" - an act done by a power of the state within its limits cannot be questioned to legal questioning TYPES AND SYSTEMS OF GOVERNMENT: Anarchy: is not a government No government or no laws Total disorder Some Examples: usually comes from government failure overthrown (Marcos Sr. Administration) To study governments: Types: Who rules and who participates 3 Types: Autocracy : Rule by One Oligarchy : Rule by Few Democracy : Rule by All Two types of forms of Democracy: Direct and Representative Methods of Representative Democracy: Parliamentary and Presidential Systems: How the power is distributed Unitary - All decisions and powerheld at a central level Federal - Decisions and power split between national and state (or province) governments Autocracy - Government in which the power is held by the one person. Inherited or by Military Force. Examples are Dictatorship, Absolute, Monarchies, Constitutional Autocratic Absolute Monarchy - When the king/queen has total power over the government. Examples are Louis XIV of France in 1700. Usually conservative and highly authoritarian Autocratic Constiutional Monarchy - The King/Queen is limited by law and shares power with elected officials. Example is the present day England Monarchy of King Charles III. They have House of Commons and the The Parliament Autocratic Dictatorship - A leader that takes control over that government has total power. Few admit they are dictators and almost always claim to be leaders of democracies Oligarchy - When a family of small group of people control all of governments power. The group gets their power from military, wealth or social status. Election may be helf but offer only one candidate. Countries with Oligarchy: United States of America Iran Russia China Saudi Arabia Theocracy - A part of Oligarchy - Ruled by religious leaders. One example is The Vatican held by Pope Francis - The Pope has the supreme power over the country that leads to the executive, legislative and judiciary guided by Christian religious values and thoughts Democracy - Rule by the People. The people govern by voting - Two forms of Democracy: Direct and Representative Direct Democracy - The power of government is controlled directly by people - Everyone votes on every issue In the Philippines we have 3 kinds of Direct Democracy: Plebescite - Asking the people whether they accept or reject a certain law Recall - Process of Removal of an local elected Government officials (Recall Election) Referendum - People being asked by a certain questions and can be answerable by yes or no only. Representative Democracy - The people elect representatives who then make decisions for them - United States of America and Philippines are some examples Methods of Representative Democracy: Parliamentary - The Citizens will vote the legislative, and the legislatives will vote who will be the executive Presidential - Citizens will vote directly to the Executive (President and Vice President has a fixed term of 6 Years) and Legislative (House of Representatives has a fixed term of 3 Years, and for Senates has a fixed term of 6 Years) Democratic Republic - Often a nation calling a "democratic republic" is neither democratic nor a republic, but a dictatorship Communist dictatorships have been especially prone to use this term. Examples are: "The Democratic Republic of Vietnam" "The People's Republic of China" "Democratic People's Republic of Korea" Two ways the Government distribute power: Unitary and Federal Unitary - One central government controls everything. Power is not shared between states, countries or provinces Federal - Power is shared by a powerful central government. States or province are given considerable self rule, usually through their own legislatures. They have their own branches of government (Legislative, Executive and Judiciary) In the Philippines, we don't have a Federal government. Although centralized by power, based by the virtue Local Government Code of 1991; "there are some powers of the national government that has already been given to the local government". This is already called "Decentralization or Devolution (Devoled Power or Decentralized Power)". Since the Philippines is still unitary, we categorize The Philippines as a "Semi-Unitary" Form of Government with the Local Government Code of 1991. Examples of Federal Government Powers from these countries: United States of America Mexico Germany Canada Australia Brazil GLOBALIZATION What is Globalization? - The gradual integration of world's products, ideas and technology - It has Three Dimensions: Political Economic Cultural Political Developments 1920s - creation of the League of Nations, to promote peace and security in Europe and the rest of the world 1945-1948 - end of WW2, Allied forces organized a global union to prevent another global conflict and eventually founded the United Nations (UN). Followed by ICC, ASEAN, NATO, then EU A supranational organizations whose member-states surrender certain powers to higher authorities Political Globalization Concerns: Security and Military matters like Terrorism, Organized Crimes (illegal drugs and human trafficking, Money laundering, counterfeit goods etc.) UN Security Council (5 Permanent members: China, Russia, UK, USA, France), 10 non-permanent members NATO - started in Cold War, then Balkan Crisis, War against Iraq and Afghanistan Erosion of national sovereignity and national borders through international agreements Economic Globalization: Growing trade and financial relations among countries Reduction and removal of trade barriers (tarrifs and quotas) Establishment of regional trade blocs, common markets, free trade North American Free Trade Agreement (NAFTA): Canada, USA, Mexico Asia-Pacific Economic Cooperation (APEC): 21 countries in the Pacific rim Cultural Globalization: Transmission of ideas and growth of multi-sectoral societies Migration Spreading of multiculturalism and better individual access to cultural diversity, with on the other hand, some reduction in diversity through assimilation, hybridization, Westernization, Americanization or Sinosization of cultures. Appreciation of Cultural identity due to openness to diversity Globalization in the Philippines: The country is taking part in the process of globalization ever since the country signed agreements with World Trade Organization in 1995. Now, globalization is very effective in the Philippines, it has allowed major changes in the nation like more labor, and more Filipino and foreign companies has emerged in the nation in order to help the country's developing economy. ADVANTAGES OF GLOBALIZATION (GLOBALISM) Supporters of free trade point out that economic theories such as comparative and advantage sugessts that: Free trade leads to a more efficient allocation of resources, with all those involved in the trade benefitting Leads to lower prices, more employment and better allocation of resources Peaceful Relations - Most of the countries have restored to trade relations with each other in order to boost their economy, leaving behind any bitter past experiences if any Employment - Considered as one of the most crucial advantages, globalization has led to the generation of numerous employment opportunities. Companies are moving towards the developing countries to acquire labor force Education - A very critical advantage that has aided the population is the spread of education. With numerous educational institutions around the globe, one can move out from the home country for better opportunities elsewhere Product Quality - The product quality has been enhanced so as to retain the customers. Today the customers may compromise with the price range but not with the quality of the product. Low or poor quality can adversely affect consumer satisfaction Cheaper Prices - Globalization has brought in fierce competition in the markets Communication - Every single information is easily accessible from almost every corner of the world. Circulation of information is no longer a tedious task, and can happen in seconds. The Internet has significantly affected the global economy, thereby providing direct access to information and products. Transportation - Considered as the wheel of every business organization, connectivity to various parts of the world is no more a serious problem. Today with various modes of transportation available, one can conveniently deliver the products to a customer located at any part of the world GDP Increase - Gross Domestic Product, commonly known as GDP, is the money value of the final goods and services produced within the domestic territorof the country during an accounting year Travel and Tourism - Globalization has promoted tourism to great heights. International trade among different countries also helps in increasing the number of tourists that visit places around the world. External Borrowing - With the help of globalization, there is opportunity for corporate, national borrorwers to have better access to external finance, with facilities such as external commercial borrowing and syndicated loans DISADVANTAGES OF GLOBALIZATION: Many anti-globalism acitvists see globalization as: Promotion of a Corporatist agenda, which is intent constricting the freedoms of individual in the name of profit They also claim that increasing autonomy and strength of corporate entities increasingly shape the political policy of nation-states. Globalization imposes credit-based economics, resulting in unsustainable growth of debt and debt crises. Health Issues: Globalization has given rise to more health risks and presents new threats and challenges for epidemics. - The dawn of HIV/AIDS. Having its origin in the wilderness of Africa, the virus has spread like wildfire throughout the globe in no time - Food items are also transported to various coun countries, and this is a matter of concern, especially in case of perishable items Loss of Culture - With a large number of people moving into and out of a country, the culture takes a backseat. People may adapt to the culture of the resident country. They tend to follow the foreign culture more, forgetting their own roots. This can give rise to cultural conflicts. Uneven Wealth Distribution - It is said that the rich are getting richer while the poor are getting poorer. In the real sense, globalization has not been able to reduce poverty. Environment Degradation - The industrial revolution has changed the outlook of the economy. Industries are using natural resources by means of mining, drilling, etc. which puts a burden on the environment. Disparity - Through globalization has opened new avenues like wider markets and employment, there still exists a disparity in the development of the economics. Structural unemployment owes to the disparity created. Developed countries are moving their factories to foreign countries where labor is cheaply available Conflicts - It has given rise to terrorism and other forms of violence. Such acts not only cause loss of human life but also huge economic losses. Cut-throat Competition - Opening the doors of international trade has given birth to intense competition. This has affected the local markets dramatically. The local players thereby suffer huge losses as they lack the potential to advertise or export their products on a large scale. Therefore the domestic markets shrink POLITICAL IDEOLOGIES: What is Ideology? - The term was created during the French Revolution by Antoine Destutt de Tracy (1754-1836), and first used in public in 1796 - - For de Tracy, "ideologie" referred to a new "science of ideas", or an idea-ology, like in biology, or psychology TAKE NOTE: It's important to realise that ideology is not just something that is important to politics or politicians. Ideology influences all of our lives, but it works in such a way that we are often unaware of its influence Polticial Ideology: A product of indoctrination or of individual's background, experience and acquired knowledge is a set of beliefs and ideas, outlines the role of government and basis of political culture The Political Spectrum It is a graphical representation of political ideologies along a line from left to right "political left" and "political right" The origin of the terms dates back to the French Revolution and the seating arrangements adopted by different groups in parliament. Nolan Chart - A plot of different political ideologies The Left vs. Right Political Spectrum: From Left to Right: Anarchasm Communism Socialism Liberalism Conservatism Monarchism Nazism Fascism CORE THEMES: LIBERALISM - John Stewart Mill (Father of Economics) - argued that good governments should be unrestricting enough to allow people- both men and women-to pursue their own interests and achieve their own potential as the see fit - Johne Locke (Father of Liberalism) Locke's political theory was founded on social contract theory. Locke believed that human nature is characterized by reason (intellectual abiility to choose between the right and wrong) and tolerance (allow people to grow within so that they may they able to choose the path they want to follow) It has a focus on a set of values: (This ideology is in a sense the ideology of the "Industrialized West") Uniqueness of an individual, Equality Individual Freedom, BUT "Sic utere tuo ut alienum non laedas" (so use your property as not to injure the property of others) Intellect and reason, freedom to choose which way were going to follow, we know the difference between right and wrong Justice, tolerance and pluralism (Pluralism refers to political co-existence ,believes even if you are different with one another, different interests and beliefs, we co-exist) Secularism - its a belief that there should be freedom. Religious freedom of an individiual to believe or to practice whatever the person wants to practice or follow. It has focus on a particular set of beliefs: Elimination of Discrimination Equal Access to all essential services Recognition of human rights and freedom (In governance, in Liberalism, freedom of speech, religion, gender equality, and a secular government, which believe in political co-existence) SOCIAL DEMOCRACY Socialist reforms: A Democratic Government and A Capitalist Economy Freedom Equality Justice Solidarity Socialist reforms: A socialist state through legal, non-violent means in the implementation of its laws Regulation of the economy by the government Income distribution - Everyone deserves to earn on their own Promotion of Social Welfare This kind political ideology is somehow balanced. If they believe in freedom, the same time they believe in the controlled made by the state or by the government. CORE THEMES: SOCIALISM - Community (we are all brothers and sisters) - means they believe that we are all co-equal with each other. Equality. No one should be above or behind us or beyond us. Each one of us should be equal and boding as a community - Plasticity of human nature - refers to the fact that we can be categorized as something that can be changed. That we can be molded by that experience. So that depends on us how we deal with life. - Cooperation - it believed the socialist belief, that we have this natural relationship among humans is that of a cooperation. Its that natural for all of us to cooperate with one another and not compete with one another. In other words, its what we call on mutual co-existence. - Equality (all property should be communal) Common Ownership - "Your property is my property, My property is your property". There's no such thing as rich and poor. All properties should belong to everyone else. - Public ownership of resources and all means of production - Everybody or all citizens do have free access to goods and services (public and social) that the government will offer. It eliminates class division whether it is political or economical Communism: A socialist Ideology - Is thought to be a classless society, where there is no hierarchy or authority. It is believed on equality as a result of capitalism and existence of class system. Its main goal to eliminate class division, therefore to achieve equality Marxism: A Comunist Ideology - it believes that the working class or the proletariat will lead a revolution against the bourgeoisie to establish a communist state. Believes in armstruggle, in order to achieve its goals. A revolutionary, in order to advocate mass action against the existing government that tend to suppress the rights. Its a different kind of ideology, marxism was advocated by Karl Marx, a German Philosopher, who had a very bad experience against the capitalist. He believed in a fight between the working class against the capitalist or the bourgeoisie. CORE THEMES: ANARCHISM Mikhail Bakunin - Russian Anarchist Bakunin with Proudhon rank as the founders of the 19th century Anarchism Bakunin was an uncompromising a revolutionary as Marxism and preached the overthrow of the existing order by violent means. A friend of Karl Marx who had the same idea as his. BUT he rejected political control, centralization, and subordination to authority (while making an unconscious exception his own authority within the movement) Bakunin's advocacy for Anarchism became questionable. He may not want to be incontrol of somebody else, rather he really wanted for him to be in control Anarchism is on self-governed communinties Individuals manage their own affairs through cooperative effort and mututal respect They really don't like control or political authority or heirarchy. They believe in freedom and individualism, they believed that people can actually have or manage their own affairs without the need of the government simply cooperation and mutual respect of each other. CORE THEMES: NEOBERALISM Laissez-faire economy - free market and trade liberalization. It also means that it believes in economic growth is a key to human progress and that the government must not intervene with the activities of the capitalist Tricke Down economics - a policy that reduced taxes on the wealthy and businesses. Observed by the former USA President Raygun. It is believd that this policy would result in economic benefits for the rest of the population in the US. CORE THEMES: CONSERVATISM Central beliefs of conservatism are based around the ideas of: Tradition - believed that it is in the preservation of tradition that the society would survive. It refers to values, practices and the institutions. They believe that without such tradition the society will crumble. Human Imperfection - They believed that human beings are imperfect and not perfectible that they will need stability and security in their lives. So they needed tradition, and the government will be the one that will provide it. Because man cannot exist alone because they are imperfect.  Organic Society - they believed that human beings cannot exist outside of its society. It is an organic society that social groups nurture him/her such as the family, friends, police, community, and the nation. A society in itself a human being is not perfect it doesn't know anything, that he needed something to survive, and he needed something a society so that he will be able to suvive the world Heirarchy and authority - They are goverened or inherited powers or authority Property - (owning ones property or private ownership) They believed that each one has their own property, own savings and their owned investment. So that they will be able to create a stable world. People are less likely to damage someone else's property if they also have their own property. Government in Conservatism - It sticks with traditions. More of nationalistic, religious and moralistic in its political views. They prefer to have a strong military, and advocate a strong presence international affairs. Conservatism don't like change, they don't like reform, they wanted to stick with existing practices and traditions. They are opposed to Socialist idea. Reactionism - a kind of Conservatism, variation of Conservatism. They believe in the return to the Old ways, that you needed to look into the past and they consider old practices/traditions as more orderly and better. They should change in a way that trditional practices in previous state policies should be revived. It is quite different to the Conservatism or a counterpart of CORE THEMES: FACISM Italian Facism: Benito Mussolini - Mussolini and Fascist Party came to power in Italy in the 1920s and lasted until the Second World War, upon which he was executed by the Italian partisans and hung by his feet in a square in Milano German Facism: Adolf Hitler - Hitler and his Nazi power came to power in the 1930s and lasted until the Second World War, until the defeat of Germany by the Allies It is a difficult ideology to define, but some of its common theme include: A reaction against rationalism, or the use of reason to make sense of the world - They do not believe that each one of us individual to have this intellect and free will to decide on themselves A belief that life is struggle and that the strongest survive (influenced by Darwin's idea of natural selection) Does not believe in equality; instead believes in elitism or that some members are born leaders An extreme embrace of nationalism; incorporating belief that certain nations are superiors to others POLITICAL SYSTEMS: 1. Tolitarianism - Is a political system where the state (in the hands of perhaps one person or a small group/party) controls almost everything in its territory - No Freedom - It is a total system of control - It establishes its rule by ideological manipulation (controlling the minds of its subjects), terror and brutality 2. Authoritarianism - Is a political system with strong central government, limited freedom for citizens and constraints on political instiutions 3. Libertarianism - Is a political system where the government has limited influence over the economy and society The Philippines adopts the Political Ideology: Liberals, socialist, conservative, fascism ANALYZING HISTORY OF PHILIPPINE DEMOCRATIC POLITICS: Contextualization - The concept of government is as old as civilization itself - Leaders emerged when the early human beings organized themselves from the establishment of standardized agriculture, writing, and distribution of surplus products - Leaders are either the wisest, the problem solvers, the strongest, the fiercest warriors, believed to be from the gods or anointed by them - The oldest form of government is Monarchy (with some variations of Theocracy—direct connect of one’s rule with the gods)  - The history of the Philippines did not start when it was reached by the West: they did not discover the Philippines for what happened is a mere meeting of East and West in the Pacific Rim (when the Magellan-Elcano expedition came) - The early settlers of present-day Philippine Archipelago have an established system of economy, politics, and government even before their destiny intertwined with the Westeners in the 16th century PRE-COLONIAL PERIOD: 1. Politics - No concept of a singular Filipino nation yet 2. Culture - There is no clear distinction between religion and politics at that time for many kingdoms (the Sultanate’s rules are based on the Shariah-set of laws based on the Koran: for the other kingdoms, religious leaders serve as political advisers/influencers) 3. Society - The archipelago is composed of kingdoms called “barangay” or datuships by other scholars viewing themselves having their own sovereignty, treating other barangays as separate kingdoms, having their own economic relations with other Asiatic Kingdoms and Empires 4. Religion - The coming of Islamic missionaries in the 13th to 14th centuries from South Asia byway of the Southern Seas brought about the concept of a Sultanate especially in Southern Philippines Common features between the indigeneous and islamic government: the presence of a council of elders (advisory), consultation with heads of families-which could be viewed as an early version of democracy Distinctions: Indigenous government gives more power to women (own property, become rulers) SPANISH PERIOD: What was the government like? - Monarchy became the system of government under the King of Spain who also served as protector of the Catholic faith - Friars are appointed as both religious leader and administrators. It shows the influence of the church over the state - Chieftains were given “form of corruption” to ensure loyalty towards Spanish authority - Colonies were given some chance to have a representation in the Spanish Cortes (legislature) - Alcade Mayor ruled over the provinces (alcadila) Gobernadorcillos over town (pueblos). Cabeza de Barangay (over smaller territories within towns. Only the post of cabeza de barangay may be occupied by the Filipinos - There is a fusion of Church and State (desire to civilize and Christianize) PERIOD OF REVOLUTION: FIRST REPUBLIC OF THE PHILIPPINES: - The internal problems in Spain and the fall of its colonies in Latin America strengthened liberal ideas and calls for reforms in the Philippines. - Secret societies of Filipinos aimed at achieving independence from Spain while others called for equality between the natives and the Spanish - The Katipunan when they were discovered in 1896 started the revolution and declared themselves free from Spanish control, their leader called Supremo became head of the revolutionary movement - The success of the Filipinos in battle strengthened their resolve in establishing their own government leading to the elections in Tejeros, Cavite in 1897 making General Emilio Aguinaldo the first President (the same leadership was carried over after the Declaration of Independence in 1898 despite the controversies) - In the absence of a legislature, Aguinaldo first became the leader of a Dictatorial Government - The Malolos Congress which was unicameral became the law making and representing body of the First Republic (first attempt at a democratic government) - The American by quarreling with Spain and while befriending Aguinaldo, started their own colonial design in the Philippines and Cuba AMERICAN OCCUPATION: - The 1989 the Philippine-American War erupted after the San Juan Bridge Incident - The US Government appointed Military Governors - 1901 Aguinaldo was captured in Palanan, Isabela which weakened all efforts to resist American Imperialism in the Philippines - Governor General were appointed with the Phillippine Commision as Legislative Body (appointed as well) - The Philippine Assembly was created as the Lower House of the Legislatives with elected Filipino Representatives - In 1916, the Philippine Senate was created (per region) - 1935 Constitution enacted, 1935 first nation-wide elections electing members of the Philippine Commonwealth (will last until the recognition of Philippine Independence) - Under the Commonwealth Quezon, Osmeña and Roxas successively served as President Roxas became President of the Republic in 1945 - 1937 Women were given the Right of Suffrage JAPANESE INTERLUDE: - In 1942, the Japanese formed the Philippine Executive Commission which served as the Provisional Government - Created to counter the efforts of the Americans in the Philippines - To bring the Philippines closer to Japan which advocated an “Asia for Asian” strategy in the Asia Pacific - 1943, they created from within the National Assembly which formed the Second Philippine Republic with Dr. Jose P. Laurel as President (elections happened within the assembly only) THIRD REPUBLIC: - On July 4 1946, the United States recognized Philippine Independence, paving the way for the Third Philippine Republic - The 1935 Constitution continued to be in effect - Presidential Form of Government was used (Three co-equal branches - The Presidents under the Third Republic:  - Manuel A. Roxas (1946-1948) - Elpidio R. Quirino (1948-1953) - Ramon F. Magsaysay (1953-1957) - Carlos P. Garcia (1957-1961) - Diosdado P. Macapagal (1961-1965) - Ferdinand E. Marcos (1965-1972) Second Term: 1972-1981 - Marcos term was extended when Martial Law was declared: paving the way for the 1973 Constitution that provided for a Parliamentary Form of Government using the french model (primacy of the Office of the President) - The Batasang Pambansa became the legislative body of government (Parliament) - In 1981, Marcos won the Presidential elections for the third time (for a six-year term) EDSA AND BEYOND: - In the midst of an economic melt down, accusation of corruption, human rights, violatioons, international pressure, and a failing health. Marcos called for a snap election. Corazon Aquino faced him in the polls - Despite reports of massive cheating and the walk out of the COMELEC employees. Marcos was declared the winner by the Batasang Pambansa - The EDSA People Power Revolution catapulted Aquino to the presidency on Februrary 25, 1986 - 1987 Consitution was drafted and promulgated restoring the Presidential Form of Government with a bicameral congress (the Senate and the House of Representatives) Factors Influencing Philippine Democratic Politics - Political Dynasty - Patronage System - Political Party POWER OF POLITICS - Power as central to the study of Politics  - WITHOUT POWER, it would be impossible for the government to mainatin law and order to pursue policies for social, economic and political development of the country - An aspect of a relationship between 2 social actors where one actor “A” can induce or influence actor “B” to do something in line with A’s preferences when B would not do that otherwise (Adapted from Robert Dahl) FIVE TYPES OF POWER: - Force: The Coercive Power - Wealth : The Reward Power - Expertise : The Expert Power - Position : The Legititmate Power - Popular Support: The Referent Power FORCE POWER - Force is probably the most easily recognizable source of power - The follower’s belief that the leader has the power to punish him for non-compliance WEALTH POWER - Political Sociology: “patron-clientelism” - This is known as reward power and it is based on the follower’s belief that the leader has resources - benefits that will help the follower in reaching his goals and meet his needs EXPERTISE POWER - Expertise has provided individuals with power and influence - “Knowledge is power” - Leader possesses superior information and ability POSITION POWER - Position in organization is one of the surest avenues to power - Legitimate Power POPULAR SUPPORT: THE REFERENT POWER - Popular support minimizes the need to use coercive power or reward power to obtain compliance to the decision of the government - Referent power, it is based on the followers identification with the leader AUTHORITY - Authority is closely associated with power - Authority is formal or legal as distinguished from personal power: - A Position: authority is attached to these positions - Roles: the set of patterned expectations about behavior that the members of society attach to a position in an institution. THREE TYPES OR SOURCES OF AUTHORITY: - Traditional Authority - Charismatic Authority - Legal-rational Authority TRADITIONAL AUTHORITY - Based on ancient customs or traditions or conventions - For example: Brunei Sultanate (the eldest will be the Sultan), Britain, Belgium, the Netherlands and Spain - Traditional authority is thus closely tied up with hereditary systems of power and privilege CHARISMATIC AUTHORITY - Refers to people’s following a leader because they believe that he or she has extraordinary personal qualities that command their obedience - For example, political leaders like Mussolini, Hitler and Mao Zedong LEGAL-RATIONAL AUTHORITY - Based upon acceptance of publicly articulated, society-wide rules and regulations issued by duly authorized public officials - Hold any position according to the legal procedures. Human Nature and Power - Power corrupts and absolute power corrupts absolutely… - “We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion” D&C 121:39 A SOLUTION??? - Rule of Law - Separation of Powers - Checks and Balances: Create a balance where each, by seeking his own power checks the powers of others INHERENT AND FUNDAMENTAL POWERS OF THE STATE: - Police Power - Eminent Domain - Taxation POLICE POWER - The power of the State to regulate liberty and property for the promotions of the general welfare - The justification is found in the Latin Maxims - Salus populi est suprema lex (the welfare of the people is the supreme law) - Sic utere tuo ut alientum non laedas (so use your property as not to injure the property of others) - Dura lex sed lex(the law is harsh but it is the law) - The purpose of the PP is to serve the general welfare - Promote public health - Protect public safety - Protect public morals  - Promote economic security - Private right vs public interest - Social Justice - Was an administrative order phasing out taxi cabs more than 6 years old a valid exercise of police power? - Yes, to protect the riding public EMINENT DOMAIN: Limitations on the exercise of Eminent Domain - The property takes must be private property - The taking must be within constitutional sense - The taking must be for public use - Public use which was traditionally understood as strictly limited to actual “use by the public” has already been abandoned. “Public use” has now been held to be synonymous with “public interest” “public benefit” and “public convenience” - Just compensation must be paid - There must be due process of law POWER OF TAXATION - It is the power to collect a proportionale amount from the people to defray the expenses of the government - Lifeblood theory - Double Taxation - no constitutional prohibition but against excessive taxation - Additional tax by same taxing jurisdiction during the same period and for the same purpose POWER AND CITIZENSHIP Sovereignty resides in the people and all government authority emanates from them (Article 2 of the 1987 Constitution) - Civil Citizenship - individual rights and freedom - Political Citizenship - participation and political power - Social Citizenship - rights and responsibilities of the citizens Responsibility and Accountability: - Abuse of authority - Abuse of discretion - Abuse of power: Corruption and Graft THE PHILIPPINE CONSTITUTION What is a Constitution? - Part of a country’s sovereignty - Is the fundamentals and supreme law of the land - Basis of all the other laws in the land - Serves as a guide to the government in making decisions THE GENESIS OF PHILIPPINE CONSTITUTIONS 1897 Constitution - The Philippines first constitution - Also called the “Biak na Bato” Constitution - Written by Isabelo Artacho and Felix Ferrer - Lasted only until General Aguinaldo and Governor Gonneral Primo de Rivera signed the Pact of “Biak-na-Bato” - Created in accordance with the establishment of the Biak-Na-Bato Republic - Almost the same as the Cuban Constitution of Jimaguayu Malolos Constitution - Written by Felipe Calderon - Ratification and proclamation held at Barasoain Church in Malolos - Created in accordance with the establishment of the First Philippine Republic, 1899 - Lasted until the Philippine-American War 1935 Constitution - Written by Claro M. Recto - Created in accordance with the establishment of the Commonwealth Republic - Tydings-Mcduffle Law of 1934 caused the drafting of the 1935 Constitution - Effectively was halted during the Japanese occupation but continued in 1946 until 1972 - Constitution had to be approved by President Franklin Roosevelt - Ratification of constitution included woman for the first time. 1943 Constitution - Drafted by the Philippine Committee Philippine Independence - Created in accordance with the establishment of the Second Philippine Republic or Puppet Republic - Main purposes are: - To make Filipinos believe that they would be given independence - To allow the Japanese to have more influence over Philippine territory and resources, lasted until the end of Japanese occupation 1973 Constitution Main purposes before Martial Law: 1. To reflect genuine Philippine Independence and sovereignty Main Purposes after Martial Law: 1. To change the present government to parliamentary form 2. To give Marcos more power and postpone the incoming 1973 elections - Created in accordance with the declaration of the Martial Law and the New Society - Lasted until the People power Revolution in 1986 - Ratification was done through citizen’s assembly Freedom Constitution - Promulgated on March 25 1986 - Created in accordance with the establishment of the Revolutionary Government of 1986 - Only parts about human rights were retained from the previous constitution - Served as a temporary/transitional constitution, so it is not a legitimate government 1987 Constitution - Ratified on February 2, 1987 - Formulated Constitutional Commission led by Cecilla Munoz Palma - Pushed for the restoration of the presidential government and protection of human rights - Changes from previous constitutions: 1. Longer term but without reelection for president 2. Abolition of Capital Punishment from the 1973 Constitution 3. Party-list representation and creation of Sandigang Bayan 4. Creation of Human Rights Commission (a dependent, not part of constitutional commission) 5. Controlled power of president in declaring Martial Law THE DIFFERENT KINDS OF LAWS MADE BY THE GOVERNMENT: NATIONAL LAWS: - Implemented throughout the country - Drafted by the congress - Also called as Republic Acts or RA (in Marcos adnministration it was Presidential Decree or PD) Example of National Laws: 1. Tax Laws 2. Local Government Code Other laws implemented throughout the country are the following: 1. International Laws - part of the law of the land. “The Law of Incorporation” 2. Laws coming from the President - can do Executive Order’s 3. Laws administered by the Supreme Court - laws that have been declared or decisions made by the Supreme Court and part of the law of the land. Another term for this is “precedent” Ordinances or Local Laws - Passed by local government bodies in provinces, towns, cities, etc. - Implemented in Local Government Units because they are important to the communities - Can be implemented by within their own jurisdiction/territorial Examples of Ordinance: 1. Change in street names to heroes or important persons 2. Curfew Barangay Orders: - Passed by Sangguniang Barangay - Implemented in barangays - Usually related to cleanliness, peace and order Examples of Barangay Orders: 1. Prohibiting establishment of bar/beerhouses 2. Collection of garbages 3. Curfews The Philippine Constitution consists of: 1. National Laws and International Treaties/Agreements - Acts - Commonwealth Acts - Batas Pambansa - Republic Acts - Presidential Decrees issued during the Marcos era - Executive Orders issued by President Corazon Aquino prior to the 1987 Constitution 2. Administrative Issuances to Implement National Laws - Presidential Proclamations - Letters of Instruction - Executive Orders - Administrative Orders - Memorandum Circulars 3. Ordinances by Local Government Units - May supplement, but must not contradict any national law KIND OF CONSTITUTION 1. As to their origin and history a. Conventional or Enacted eg. Constitution of Japan 1889 enacted/granted by the Monarch & Philippine Constitution b. Cumulative or Evolved eg English Constitution 2. As to their form a. Written eg. Philippines Constitution b. Unwritten eg. English Constitution (based on customs or tradition) 3. As to manner of amending them a. Rigid or inelastic eg. Philippine Constitution - enacted and written b. Flexible or elastic - Evolved or Written because it can be changed through traditions. It tends to adjust to their generation CONSTITUTION DISTINGUISHED FROM STATUTE Constitution: 1. Constitution is a legislation direct from the people 2. Constitution merely states the general framework of the law 3. Constitution is intended not merely to meet existing conditions but to govern the future 4. Constitution is the supreme or fundamental law Statute: 1. Legislation from the people’s representatives (Congress) 2. It provides the details of the subject of which it treats 3. Is intended primarily to meet existing conditions only 4. Statute conforms to Constitutiton STATE PRINCIPLES AND POLICIES 1. Recognition of the Aid of Almighty God (seen and mentioned in the Preamble) 2. Sovereignty of the People - Guaranteed under the Constitution states that “The Philippines is a democratic and republican state” 3. Renunciation of war as an instrument of national policy - Two kinds of war : Offensive or Aggresive War and Defensive War. Offesnive War is a war where we force war into another country. In defensive war, we can defend our country from war. We renounce Offensive and Aggressive War but we do not renounce Defensive war 4. Supremacy of civilian authority over the 5. Separation of Church and State - If the state imposed taxes on the church. If the state is going to declare an official religion. These 2 ones would really separate the Church and State 6. Recognition of the impotance of the family as basic social institution and of the vital role of youth in nation building. 7. Guarantee of human rights 8. Government through suffrage 9. Separation of Power 10. Independence of Judiciary 11. Guarantee of local autonomy 12. High sense of public sense morality and accountability: Graft and Corruption, Nepotism, Political Dynasty 13. Nationalization of natural resources and certain private enterprises affected by public interest 14. Non-suability of the state - The state cannot be sued without its consent. They cannot be sued without its consent provided they are performing government or governmental function. A government emplyee can be sued but the President is immune to suing 15. Rule of the majority 16. Government of laws and not men. CHANGING THE CONSTITUTION Using Amendment and Revision Amendment - it is to change some parts of the constitution. Its a piece-meal change Revision - is a re-writing or substantial changing in the contitution. 3 Methods for proposing Amendment or Revision (On Section 1 and 2 of the 1987 Constitution) 1. By Congress, as a constituent assembly, upon a vote of ¾ of all its members voting separately 2. By constitutional conventions called for the purpose (2/3 cotes of Congress calling for a plebiscite for a call for Constitutional Convention). COnCon is a body assembled to frame, revise or formulate amendments. The members elected by the voters 3. By the people directly through initiative upon petition of at least 12% of the total registered voters of the entire country and at least 3% of every legislative district therein. BUT this is applied only to amendments or simple changes only and NOT on revisions. EXECUTIVE DEPARTMENT: - The President of the Philippines is under the Executive Department Executive Branch: - Is the largest component of the national executive branch of the government of the Philipppines - President - Vice-President - Cabinet of the Philippines : Secretary of Health, Justice, Local and Interior Government QUALIFICATIONS OF THE PRESIDENT AND VICE-PRESIDENT - Natural Born citizen of the Philippines (two kinds of citizenship in the Philippines: Natural Born and Naturalized Citizen - Must be a registered Voter (Age of 18 should register as voter) - Must be able to read and write (does not need to be college, high school or elementary graduate) - 40 years old on the day of election - He must be a resident of the Philippines for at least 10 years immediately preceding the day of election (Animus Revertendi “intention to return”, Animus Manendi or Animus Non-Revertendi “intention to stay or not return” TERM OF OFFICE ELECTION - The President and Vice-President shall be elected by the people for 6 years (Article 7 Section 4 of the 1987 Constitution). Can only run for 2 terms only (If the candidate did not run for 6 years and tends to run in another 6 years for 3 terms, it is allowed) - Shall not be eligible for any re-election - No Person who has succeeded as President xxx for more than 4 years shall be qualified xxx (Article 7 Section 4 of the 1987 Constitution) - Vice President is eligible for the position of member of the Cabinet (no need for Commision on Appointment confirmation) - Allowed to serve for two successive terms - Regular - Second monday of May, every six years - Special due to: 1. Death, disability, removal from office or resignation 2. Vacancies occur more than 18 months before the next election (If less than 18 months, they cannot hold a special election) 3. A law passed by congress THE EXECUTIVE DEPARTMENT: RULE OF SUCCESSION - Death, permanent disability, removal from office or resignation of the President VP SHALL BECOME PRESIDENT - Death, permanent disability, removal from office or resignation of PRESIDENT AND VICE PRESIDENT shall have a Senate President - Acting Capacity  - IF IN CASE OF LIABILITY - Speaker of the House will be the acting capacity until a President or Vice President shall be elected and qualified. - Congress, by law, shall provide for the manner which one is to act as President in the event of inability of the officials mentioned above THE EXECUTIVE DEPARTMENT TEMPORARY DISABILITY - When the President TRANSMITS to the SP and the SH: 1. Written Declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the country: such powers and duties shall be discharged by the VP as ACTING PRESIDENT. - IF Majority of ALL the Members of the CABINET TRANSMIT to the SP AND SH: 1. Written Declaration that the President is unable to discharge the powers and duties of his office 2. Vice President IMMEDIATELY assumes the powers and duties of the Office as ACTING PRESIDENT - President transmits Written Declaration that NO INABILITY exists 1. Reassume the powers of the office of the President - NO SPECIAL ELECTION SHALL BE CALLED IF THE VACANCY OCCURS WITHIN 18 MONTHS BEFORE THE DATE OF THE NEXT PRESIDENTIAL ELECTION - The Supreme Court sitting en banc - sole judge of all contests relating to the election, returns and qualifications of the President and V. President PROHIBITIONS/LIMITATIONS 1. No increase in salaries during the term 2. Shall not recieve emoluments 3. Shall not hold any other office 4. Shall not, directly or indirectly, practice any other profession, business, or be financially interested in any other contract with franchises of the government 5. Avoid conflict of interest in the conduct of their office 6. May not appoint spouse or relatives by consangunity or affinity within 4TH civil degree (Article 7 Sections 6 and 13 of the 1987 Consitution) PROHIBITIONS AGAINST THE PRESIDENT AND HIS OFFICIAL FAMILY: 1. They cannot hold any other office or employment during their tenure 2. They cannot directly or indirectly participate in any other business 3. They cannot directly or indirectly practice their profession 4. They cannot directly or indirectly be financially interested in any contract with the government. EXECUTIVE POWER: - President shall have the control of all executive departments, bureaus and offices. He shall ensure that laws are faithfully executed (Article 7, Section 17 of the 1987 Constitution) - Until and unless a law is declared unconstitutional, the President has a duty to execute it regardless of his doubts as to its validity (Faithful Execution Clause) (Cruz, Philippine Political Law) - Supervision - Overseeing or the power or authority of an officer to see that subordinate officers perform their duties. POWER OF APPOINTMENT - It is selection by the authority of an individual who is to exercise the funtions of a given office - Kinds of Presidential Appointment (Section 15 of the 1987 Constitution): 1. Appointment made by an Acting President (In session/no confirmation needed) 2. Midnight Appointment (Executive Order No. 2 by Gloria Macapagal Arroyo) - Prohibited by the law but part of the Constitution. The President cannot make any appointments except incase of security at risk. The President cannot appoint within 60 Days before the next Presidential Election. 3. Regular Presidential Appointment 4. Ad-Interim Appointment (need confirmation/recess) - Appointments requiring the consent of the Commision on Appointments (Section VII, Section 16 of the 1987 Constitution) 1. Heads of executive departments (except VP) 2. Ambassadors and other public ministers and consuls  3. Officers of the AFP from the rank of colonel or naval captain What are the limitations on the appointing power of the President? 1. He cannot appoint relatives within the 4th Civil consagunity (blood relationship) or affinity (brother-in-laws or sister-in-laws) 2. Two months prior to the regular election for President, he cannot appoint except: temporary appointments when continued vacancies will prejudice public service or edangered public safety 3. Appointment extended by an acting President shall remain effective, unless revoked by the elected President within 90 days from the assumption or re-assumption of office. POWER OF REMOVAL - General Rule: This power is implied from the power to appoint - Exception: Those appointed by him where the Constitution prescribes certain methods for separation from public service. What is the doctrine of qualified political agency? - It means that the President as head of all executive departments, has control of the executive departments and the latter are mere adjuncts of the President such as their acts are acts of the President unless reprobated, or overruled by the President - Yes, because of the MILITARY POWERS 1. Commander in chief Clause: To call out the Armed Forces ri orevent ir supress lawless violence, invasion or rebellion (whenever it is necessary) 2. Suspension of writ of Habaeas Corpus: Writ of Habaeas Corpus - is an order issued by the court to produce the body of an arrested person. The president has the power to suspend the writ through - Ground of Suspension: invasion, rebellion, when public safety requires Effects of suspension of writ: - Does not affect the right to bail - Applies only to persons facing charges of rebellion - The arrested must be charged within 3 days; if not they must be released - Does not supersede civilian authority 3. Martial Law - its a power of a President to to place that area under military power.  - Grounds for declaration: Invasion and Rebellion - The following cannot be done: 1. Suspend the operation of the Constitution 2. Supplant the function of the civil courts and legislative assemblies 3. Violate Open Court Doctrine (civilians cannot be tried military courts if the civil courts are open and functioning) 4. Automatically suspend the writ of Habeas Corpus Constitutional Limitations of Martial Law and the suspension of Privelege of Heabeas Corpus: 1. Not more than 60 Days, unless extended by congress 2. President to report to congress within 48 hours 3. Authority of the congress to revoke or extend 4. Authority of the Supreme Court to inquire of the factual basis for such action Ways to lift proclamation or suspension: 1. By the president himself 2. Revocation by Congress 3. Nullification by the Supreme Court 4. By operation of law after 60 Days 5. Pardoning Power (Section 19 of the 1987 Constitution) - Pardon - Act of Grace which exempts individual from punishment which the law inflicts - As to effect: Plenary(if a person has more cases it can be settled all) or Partial (remaing cases could be settled but not all) - As to presence of condition: Conditional Pardon (partial) or Absolute Pardon (when the president can settle the cases of the criminal) - Amnesty - A general pardon to rebels for their treason or political offence; it so overlooks and obilerates the offense with which he is charged. Person released by amnesty stands before the law precisely as though he had commited no offense. OTHER FORMS OF EXECUTIVE CLEMENCY 1. Commutation - reduction or mitigation of penalty 2. Reprieve - postponement of sentence or stay of execution 3. Parole - release from imprisonment, but without full restoration of liberty (in custody of law although not in confinement) 4. Remission of fine and forfeiture - Prevents the collection of fines and confiscation of forfeited property; cannot affect rights of third party and money already in the treasury. BORROWING POWER (SECTION 20) - The President may contract or guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board, subject to such limitations as may be provided by law. DIPLOMATIC POWER (SECTION 21) - No treaty or international agreement shall be valid and effective unless occured in by at least ⅔ of all the Memebers of the Senate - The power to ratify is vested in the President subject to the cocurrence of the Senate - Other foreign affairs powers: 1. Power to make treaties 2. The power to appoint ambassadors, public ministers, and consults 3. Power to recieve ambassadors and othe rpublic ministers 4. Deportation Power BUDGETARY POWER - Within 30 Days from the opening of every regular season, President shall submit to Congress a budget or expenditures and sources of financing, including receipts from existing and proposed revenue measure. - Congress may not increase the appropiation recommended by the President for the operation of the Government as specified in the budget. INFORMING POWER - The President shall address Congress at the opening of its regular session - The President usually discharges the informing power through what is known as the State of the Nation Address What are the evidences showing the independence of the President? 1. He can be removed by impeachment only 2. His salary may not be increased or decreased during his term of office. 3. His executive action cannot be supervised by the courts 4. He cannot be sued during his term of office