Philippine Governance PDF

⤷ Compares and analyzes the government, POLITICAL CONCEPTS constitutions within and of different countries a...

⤷ Compares and analyzes the government, POLITICAL CONCEPTS constitutions within and of different countries around the world. Politics ★ PUBLIC ADMINISTRATION ⤷ It is an expression of one’s belief or ideas. ⤷ Implementation of government policy and ⤷ Refers to activities which involve government public service. institutions, its business, and its relationship ★ INTERNATIONAL RELATIONS with people. ⤷ Political economic relationship between states ⤷ A process whose end goal is the reconciliation and other international organizations. of the differences and the resolution of ★ PUBLIC LAW conflict. ⤷ Relationship between government and its ⤷ Process through which we deserve mutual citizens. respect. ★ POLITICAL METHODOLOGY ⤷ The process by which conflict is organized, and ⤷ Quantitative method to describe and define in fact made productive, rather than erased. political phenomena. ⤷ A study of power and the powerful. ⤷ Art of compromise to achieve a certain end. CONCEPTS OF STATE / NATION Real Politik ⤷ To do whatever it takes to get it done. ⤷ Practical or pragmatic concerns that STATE emphasize compromise are necessary in ⤷ A community of persons permanently achieving one’s objective. occupying a definite portion of territory, ⤷ Disregarding ideology, moral and ethical having a government of their own to which standards they render obedience, and enjoying freedom Political Realism from external or outside control. ⤷ Politics is a continuous struggle. Complex Interdependence ★ RIGHTS OF THE STATE ⤷ Linkage of societies, government, and states in 1. Existence and Self-defense all economic and political activities. 2. Independence Global Justice 3. Equality ⤷ Inequality is a reality and stressed on the roles 4. Legalization/Diplomatic Relation of government to address them. ★ ROLES OF THE STATE Political Science 1. Parens Patriae ⤷ It is the study of governments, public policies Parents of the country. The role of the state as a and political processes, systems, and political sovereign and guardian of persons under legal behavior. disability such as juveniles of the insane. Principle ⤷ A social science concerned with the theory and that the state must care for those who cannot take practice of politics and the analysis of political care of themselves in terms of health, welfare, system and behavior. comfort, interstate water rights and the general economy of the state. BRANCHES OF POLITICAL SCIENCE STATE ★ POLITICAL THEORY ⤷ Ideas and contributions of classical thinkers ELEMENTS OF THE STATE ⤷ Aristotle: The father of history 1. People ★ COMPARATIVE POLITICS 2. Territory 3. Government 4. Sovereignty 1  ⤷ A population having a common language and STATE CONTINUITY DOCTRINE literature, a common tradition and history, ⤷ Despite changes in the government or common customs and a common administration. consciousness of right and wrongs, inhabiting a territory of a graphic unity. PEOPLE ⤷ Refers to the large numbers of inhabitants LANDLOCKED living within the state. ⤷ Land surrounded by land. ⤷ It must be small enough to be ruled. ⤷ It must be big enough to be self-sufficient. ARCHIPELAGO ⤷ Land surrounded by waters. TERRITORY ⤷ This includes the land over which the state APPROACHES TO THE STUDY OF POLITICS exercises control. ⤷ It also includes the rivers and lakes therein, ★ TRADITIONAL OR HISTORICAL certain areas of the sea which borders on its ⤷ Uses history, concentrates exclusively in coasts and the air space above them. history, emphasizes chronology and the ⤷ A mass of land where people can permanently historical development of government reside. structure. ★ SCIENTIFIC OR BEHAVIORALIST Terrestrial Land ⤷ Seeks to understand how individuals behave within political institutions and how informal Aerial Air behaviors contribute to policy making. ⤷ Makes use of methodology, variables, and Fluvial Water hypotheses to arrive at theory. ★ POLITICAL ECONOMY ⤷ Concerned with the relationship between the 200 EEZ government and economics. ⤷ Entitled with resources only. ⤷ Economics involves conflict over scarce resources while politics involves decisions THALWEG DOCTRINE about who will pay and who will benefit. ⤷ Supports the division of territory between 2 ★ THE SYSTEMS APPROACH countries. ⤷ Politisches system Nach Easton ⤷ A systems analysis of political life. GOVERNMENT ★ STRUCTURAL FUNCTIONAL ⤷ This refers to the agency through which the ⤷ In every political system there are certain will of the state is formulated, expressed, and structures and these cannot be confused with carried out. each other. ⤷ This could be referred to as the ⤷ These functions must be performed to “administration”. maintain the stability of the political systems. SOVEREIGNTY ⤷ The supreme power of the state to command 10 IMAGES OF THE PHILIPPINE POLITICS and enforce obedience from its people as well as to have freedom from foreign control. 1. BOARDROOM POLITICS (BORO) ⤷ It could be manifested internally through its ⤷ Involves decision making by business elites and freedom to rule within. professionals but with important public NATION consequences. 2  subordinates to affect preferences in the Example: People power 2 against Joseph political arena. Estrada ⤷ Key factors that changed government and government leaders. 2. BUREAUCRATIC POLITICS (BUREAU) ⤷ Rule making and adjudication by bureaucrats, 9. CIVIL SOCIETY POLITICS (NGOs) with inputs from clients and professionals. ⤷ The high profile sociopolitical engagement ⤷ Make decisions in favor of private business and proactive lobbying of voluntary groups and political interests. such as NGOs, POs, socio-civic societies, cause-oriented groups, professional Example: Make decisions in favor of private associations, cooperatives, sectoral or social business and political interest class groupings and foundations that influence political issues. 3. CONGRESS POLITICS (CON) ⤷ Policy making by legislatures. 10. X-MEN POLITICS (GAMBLING LORDS) ⤷ Laws affect private and public interests. ⤷ People less prominently mentioned, less ⤷ Legislation is politically beneficial. openly named, less publicly involved but actively engaged in infixing and managing 4. CHIEF EXECUTIVE POLITICS (CHEX) self-serving political decisions. ⤷ Refers to a process dominated by the ⤷ Drug lords, gambling lords, vice lords, who president, governors, mayors, and their support the career of politicians and advisers. bureaucrats who in return provide protection ⤷ They possess and exercise discretionary to syndicated crimes. powers that are beneficial to the majority but detrimental to some few. GOVERNMENT, GOVERNANCE, AND TYPES 5. COURTROOM POLITICS (CORO) OF GOVERNMENT ⤷ Refers to court orders and decisions of judges, justices, and prosecutors in response to ADMINISTRATION interest groups and aggrieved individuals. ⤷ Composed of a group of persons in whose hands the reins of government are for the 6. MULTIMEDIA POLITICS (MUME) time being. ⤷ All of this mass media promote the political ⤷ It runs the affairs of the government for a interests and choices of those who own them, given period of time, after which another who pay them and who use them. administration may be called upon by the ⤷ Media can make and unmake a president or a people to serve them leader. ⤷ That is why we say that administration changes, but the government does not. 7. FAITH-BASED POLITICS (FABA) ⤷ Is one where decisions are made by leaders GOVERNANCE ⤷ It's the process of decision-making and the and members of religious groups and have process by which decisions are implemented political implications like El shaddai, JIL, INC, or not implemented. CBCP, NCCP, are some of the most prominent religious groups which take political positions on public issues. GOOD GOVERNANCE 8. MILITARY POLITICS (GAMES OF THE GENERALS) ⤷ Has 8 major characteristics. ⤷ Involves the calculated decisions of the military and police generals and their 1. PARTICIPATORY 3  ⤷ Right to information and freedom of ACTS OF GOVERNMENT expression. ⤷ Any legal acts of the government as an 2. CONSENSUS ORIENTED agency of the state. ⤷ All interest must be heard 3. ACCOUNTABLE UNDER THE “ACT OF STATE DOCTRINE” ⤷ Responsibility. ⤷ An act done by a sovereign power of the state 4. TRANSPARENT within its limits cannot be questioned or be ⤷ Follows the rule of law, Public accessibility. subject to any legal proceeding. 5. RESPONSIVE ⤷ Timely. 6. EFFECTIVE AND EFFICIENT TYPES AND SYSTEMS OF GOVERNMENT ⤷ Sustainability of resources. 7. EQUITABLE AND INCLUSIVE TAKE NOTE! ⤷ All stakeholders. 8. FOLLOWS THE RULE OF LAW ★ ANARCHY ⤷ Is not a type of government ⤷ Impartial implementation ⤷ It has no law and it is a total disorder. ⤷ It usually comes from government failure. POOR GOVERNANCE TYPES OF GOVERNMENT ⤷ Who rules and who participates. ⤷ Arbitrary policy making ⤷ Unaccountable bureaucracies ⤷ Unenforced or unjust legal systems, Autocracy Ruled by one. ⤷ Abuse of executive power ⤷ Unengaged in public life Oligarchy Ruled by few. ⤷ Widespread corruption Democracy Ruled by all. KINDS OF GOVERNMENT BASED ON LEGITIMACY SYSTEMS OF GOVERNMENT ⤷ How the power is distributed. ★ Unitary DE JURE ⤷ All decisions and power are held at a central ⤷ Legitimate government. level. ⤷ Power is not shared between states, countries DE FECTO or provinces. ⤷ Illegitimate government. ★ Federal ⤷ Decisions and power split between national Examples: and state or province governments. - Government by revolution ⤷ Power is shared by a powerful central - Government by Secession government. - Government by Occupation ⤷ States or provinces are given considerable self rule, usually through their own legislatures. TEST TO DETERMINE THE STATUS OF GOVERNMENT IN INTERNATIONAL LAW AUTOCRACY ⤷ The elevation from De Facto to De Jure will ⤷ Government in which the power to govern is depend on the recognition of international held by one person. community ⤷ Inherited or by military force. ⤷ It is purely political in nature ⤷ There are 3 types of Autocracy: 4  ★ Dictatorships or no. ★ Absolute Monarchies ★ Constitutional Monarchies Recall The removal of an elected official. AUTOCRATIC-DICTATORSHIP Referendum Asking whether or not we like a ⤷ A leader takes control over the government certain act made by the congress. and has total power. ⤷ Few admit they are dictators and almost always claim to be leaders of democracies. REPRESENTATIVE DEMOCRACY ⤷ The people elect representatives who then AUTOCRATIC ABSOLUTE MONARCHY make decisions for them. ⤷ When the King or Queen has total power over the government. ⤷ Usually conservative and highly authoritarian. 2 METHODS OF REPRESENTATIVE DEMOCRACY AUTOCRATIC CONSTITUTIONAL MONARCHY Parliamentary Presidential ⤷ The King or Queen is limited by law and shares power with the elected officials. ⤷ The Emperor shall be the symbol of the State and of the unity of the people. OLIGARCHY ⤷ When a family or small group of people control all of the government's power. ⤷ The group gets their power from either military, wealth or social status. PARLIAMENTARY DEMOCRACY ⤷ Elections may be held but offer only one ⤷ Voters elect members to a Parliament or candidate. legislature. ⤷ Countries like the United States, Russia, China, ⤷ The Political Party with the most votes in the Saudi Arabia and Iran are Oligarchies. House of Commons chooses the Prime ⤷ In the case of Russia: Small groups of wealthy Minister, the government’s leader with no set individuals control the politicians, it dictates length of term. the media cover political advertising, and etc. PRESIDENTIAL DEMOCRACY OLIGARCHY-THEOCRACY ⤷ Voters elect legislators and directly or ⤷ It is a type of Oligarchy that is ruled by indirectly the president. religious leaders. ★ Legislative ⤷ The Pope has the supreme power over the ★ Executive country that leads the executive, legislative, and judiciary guided by Christian religious DEMOCRATIC REPUBLIC values and thoughts. ⤷ Often a nation calling itself a “democratic republic” is neither democratic nor a republic, DIRECT DEMOCRACY but rather a dictatorship. ⤷ The power of the government is controlled ⤷ Communist dictatorships have been especially directly by the people. prone to use this term ⤷ Everyone votes on every issue. Plebiscite Votation that answers only yes POLITICAL IDEOLOGIES 5 IDEOLOGY ⤷ The term was created during the French Revolution by Antoine Destutt de Tracy between 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 POLITICAL COMPASS biology, or psychology. ⤷ Ideology is not just something that is important to politics or politicians. ⤷ It influences all of our lives, but it works in such a way that we are often unaware of its influence. POLITICAL IDEOLOGY ⤷ A product of state indoctrination or of an individual's background, experience and acquired knowledge. ⤷ It is a set of beliefs and ideas, outlines the role of government and the basis of political culture. NOLAN CHART 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 CORE THEMES OF POLITICAL IDEOLOGIES parliament. 1. Liberalism LEFT POLITICAL SPECTRUM ⤷ This ideology is in a sense the ideology of the industrialized West. ★ Anarchism ⤷ It has a focus on a set of values namely: ★ Communism ★ Uniqueness of an individual ★ Socialism ★ Equality ★ Individual freedom ★ Liberalism ★ Use your property as not to injure the property of others RIGHT POLITICAL SPECTRUM ★ Intellect and Reason ★ Justice ★ Conservatism ★ Tolerance and Pluralism ★ Monarchism ⤷ It has a focus on a set of beliefs namely: ★ Nazism ★ Elimination of discrimination ★ Fascism ★ Equal access to all essential services ★ Recognition of human rights and freedom 6  ★ J.S. Mill ⤷ Believes that the working class or the ⤷ Argued that good government should be proletariat will lead a revolution against the unrestricting enough to allow people both men bourgeoisie to establish a communist state. and women to pursue their own interests and achieve their own potential as they see fit. 6. Anarchism ★ Johne Locke ⤷ A self-governed communities ⤷ The father of liberalism ⤷ Individuals manage their own affairs through ⤷ Locke’s political theory was founded on social cooperative effort and mutual respect contract theory. ★ Mikhail Bakunin ⤷ Believed that human nature is characterized ⤷ A Russian anarchist by reason and tolerance. ⤷ Bakunin and Proudhon rank as the founders of 19th-century anarchism. 2. Social Democracy ⤷ He was uncompromisingly a revolutionary as ⤷ A Democratic Government and a Capitalist Marx and preached the overthrow of the Economy existing order by violent means. ⤷ It is a socialist state through legal and ⤷ Yet he rejected political control, centralization, non-violent means. and subordination to authority while making ⤷ It has a focus on a set of values namely: an unconscious exception to his own authority ★ Freedom within the movement. ★ Equality 7. Neoliberalism ★ Justice ★ Laissez-faire economy ★ Solidarity ⤷ Free markets and trade liberalization ⤷ It has a focus on a set of legal non-violent ⤷ Non-intervention of the government in the means: activities of the capitalist. ★ Regulation of the economy by ★ Trickle down economics government ⤷ A policy that reduced taxes on the wealthy ★ Income distribution and businesses. ★ Promotion of social welfare. 8. Conservatism 3. Socialism ⤷ It has central beliefs that are based around on ⤷ Has 7 core themes namely: the ideas of the following : ★ Community ★ Tradition ★ Plasticity of human nature ★ Human imperfection ★ Cooperation or natural relationship ★ Organic society ★ Equality of all property should be ★ Hierarchy and authority communal ★ Property ★ Common ownership 9. Reactionism ★ Public ownership of resources and all ⤷ A kind of conservatism. means of production ⤷ Return to the old ways ★ All citizens have free access to goods and ⤷ Revival of the traditional practices. services ★ Eliminates class division 10. Fascism 4. Communism ⤷ Common themes of fascism are namely: ⤷ It is a socialist ideology ★ A reaction against rationalism, or the use ⤷ Thought to be a classless society where of reason to make sense of the world there is no hierarchy or authority. ★ A belief that life is struggle, and that the 5. Marxism strongest survive that is influenced by ⤷ It is a communist Ideology Darwin’s idea of natural selection. 7  ★ Does not believe in equality; instead IDEOLOGY IN THE PHILIPPINES believes in elitism, or that some people are ⤷ Combination of liberals, socialist, born leaders conservative, and fascism. ★ An extreme embrace of nationalism; ★ Patronage Politics incorporating a belief that certain nations ⤷ Philippine Political Party are superior to others. ★ Populism 11. Italian Fascism ⤷ Interest of the masses, mass over the elite. ⤷ Benito Mussolini and his Fascist Party came to ★ Popularism power in Italy in the 1920s and lasted until the ⤷ Appeal to the majority of the electorate, second World War, upon which he was policy good for all, political reforms. executed by the Italian partisans and hung by his feet in a square in Milano. 12. German Fascism ⤷ Adolf Hitler and his Nazi Party came to power in the 1930s and lasted until the Second World War, until the defeat of Germany by the Allies. DIFFERENT POLITICAL SYSTEMS 1. Totalitarianism ⤷ A political system where the state is in the hands of perhaps one person or a small group or party controls almost everything in its territory. ⤷ It has no freedom. ⤷ A total system of control. ⤷ It establishes its rule by ideological manipulation or controlling the minds of its subjects, terror and brutality. 2. Authoritarianism ⤷ A political system with strong central government, limited freedom for citizens and constraints on political institutions. 3. Libertarianism ⤷ Is a political system where the government has limited influence over the economy and society. DIFFERENT ECONOMIC SYSTEMS 1. Free-Market Economies ⤷ Capitalism 2. Command Economies ⤷ Communism 3. Mixed Economies ⤷ Combination of both 8  ⤷ To allow the Japanese to have more influence CONSTITUTION over Philippine territory and resources. ⤷ Lasted until the end of Japanese occupation, ⤷ Part of a country’s sovereignty. 1945 ⤷ Is the fundamental and supreme law of the land. 1973 CONSTITUTION ⤷ Serves as a guide to the government in making ⤷ To reflect genuine Philippine independence and sovereignty. 1897 CONSTITUTION ⤷ To change the present government to ⤷ Philippines’ first constitution parliamentary form ⤷ Also called the Biak-na-Bato Constitution ⤷ To give Marcos more power and postpone the ⤷ Written by Isabelo Artacho and Felix Ferrer incoming 1973 elections ⤷ Lasted only until General Aguinaldo and ⤷ Ratification was done through a citizen's Governor General Primo de Rivera signed the assembly also called Mamon assembly. Pact of Biak-na-Bato ⤷ Created in accordance with the declaration of ⤷ Created in accordance with the establishment Martial Law and the New Society. of the Biak-na-Bato republic ⤷ Lasted until the People Power Revolution in ⤷ Almost the same as the Cuban Constitution of 1986. Jimaguayu FREEDOM CONSTITUTION MALOLOS CONSTITUTION ⤷ Promulgated on March 25 1985 ⤷ Written by Felipe Calderon ⤷ Created in accordance with the establishment ⤷ Ratification and proclamation held at of the Revolutionary Government of 1896. Barasoain Church in Malolos. ⤷ Only parts about human rights were retained ⤷ Created in accordance with the establishment from the previous constitution. of the First Philippine Republic, 1899. ⤷ Served as a temporary or transitional ⤷ Lasted until the Philippine-American war. constitution. 1935 CONSTITUTION 1987 CONSTITUTION ⤷ Written by Claro M. Recto ⤷ Ratified on February 2, 1987 ⤷ Created in accordance with the establishment ⤷ Formulated by the Constitutional Commission of the Commonwealth Republic led by Cecilia Munoz Palma. ⤷ Tydings-Mcduffie Law of 1934 caused the ⤷ Pushed for the restoration of the presidential drafting of the 1935 constitution. government and protection of human rights. ⤷ Effectivity was halted during the Japanese ⤷ Longer term but without reelection of occupation but continued in 1946 until 1972. president ⤷ The Constitution had to be approved by ⤷ Abolition of capital punishment. President Franklin Roosevelt. ⤷ Party-list representation and creation of ⤷ Ratification of the constitution included Sandigang Bayan women for the first time. ⤷ Creation of Human Rights Commission ⤷ Controlled power of the president in declaring 1943 CONSTITUTION martial law. ⤷ Drafted by the Philippines Committee for Philippines independence. KINDS OF LAWS ⤷ Created in accordance with the establishment of the Second Philippine Republic or Puppet Republic. NATIONAL LAWS ⤷ To make Filipinos believe that they would be ⤷ Other laws implemented throughout the given independence. country are namely: International Laws, Laws 9  coming from the president and Laws ⤷ Is intended primarily to meet existing administered by the Supreme Court conditions only ⤷ Statue conforms to constitution. ORDINANCES ⤷ Passed by local government STATES PRINCIPLES AND POLICIES ⤷ Bodies in provinces, towns, cities, etc. ⤷ Recognition of the Aid of Almighty God ⤷ Implemented in LGU’s because they are ⤷ Sovereignty of the People important to the communities. ⤷ Renunciation of war as an instrument of ⤷ Change in street names and curfew. national policy ⤷ Supremacy of civilian authority over the BARANGAY ORDERS military ⤷ Passed by Sangguniang Barangay ⤷ Separation of Church and State ⤷ Implemented in barangays. ⤷ Recognition of the importance of the family as ⤷ Usually related to cleanliness, peace, and a basic social institution and of the vital role of order. youth in nation building. ⤷ Prohibiting establishment of bar or ⤷ Guarantee of human rights. beerhouses ⤷ Collection of garbage and curfew. CHARTER CHANGE KINDS OF CONSTITUTION AMENDMENT ★ As to their origin and history ⤷ It is to change some parts of the constitution ⤷ Conventional or Enacted eg. constitution of ⤷ Piece-meal change Japan 1889 enacted or granted by the Monarch and Philippine Constitution. REVISION ⤷ Cumulative or evolved eg. English ⤷ Writing or substantial changing in the Constitution. constitution ★ As to their form 3 METHODS FOR PROPOSING AMENDMENT ⤷ Written eg. Philippines constitution OR REVISION ⤷ Unwritten eg. English Constitution ★ Constituent Assembly ★ As to manner of amending them ⤷ By Congress, as a constituent assembly, upon ⤷ Rigid or inelastic eg. Philippine Constitution a vote of ¾ of all its members voting ⤷ Flexible or elastic separately. ★ Constitutional Convention CONSTITUTION ⤷ By constitutional conventions called for the ⤷ A legislation direct from the people purpose (⅔ votes of Congress calling for a ⤷ Merely states the general framework of the plebiscite for a call for Constitutional law Convention ⤷ Intended not merely to meet existing ⤷ COnCon is a body assembled to frame, revise conditions but to govern the future. or formulate amendments. The members ⤷ The supreme of fundamental law. elected by the voters. ★ Initiative STATUE ⤷ By the people directly, through initiative upon ⤷ Legislation from the people’s representatives. petition of at least 12% of the total registered ⤷ It provides the details of the subject of which it voters and at least 3% of every legislative treats district therein 10  ⤷ But this is applied only to amendments or ELECTION simple changes only ★ Regular ⤷ Second Monday of May, every six years. EXECUTIVE DEPARTMENT ★ Special ⤷ Death, disability, removal from office or ⤷ Vested upon the President of the Philippines resignation. ⤷ Vacancies occur more than eighteen months EXECUTIVE BRANCH before the next election. ⤷ The largest component of the the government ⤷ A law passed by congress of the Philippines. ⤷ Composed of the President, Vice President THE EXECUTIVE DEPARTMENT: RULE OF and Cabinet Members such as secretaries. SUCCESSION ⤷ Death, permanent disability, removal from QUALIFICATIONS OF THE PRESIDENT AND office or resignation of the President, VP SHall VICE PRESIDENT become the President ⤷ Natural born citizen of the Philippines ⤷ Death, permanent disability, removal from ⤷ Registered voter office or resignation of President AND Vice ⤷ Able to read and write President, the Senate President will be the ⤷ 40 years old on the day of the election acting capacity. ⤷ He must be a resident of the Philippines for at ⤷ In case of inability, the speaker of the house least 10 years immediately preceding the day will be the acting capacity until a president or of the election. VP shall be elected or qualified. ⤷ Animus Revertendi or intention to return ⤷ Congress, by law, shall provide for the manner ⤷ Animus Manendi or intention to stay. in which one is to act as President in the event of inability of the officials mentioned above. TERM OF OFFICE THE EXECUTIVE DEPARTMENT TEMPORARY DISABILITY President Vice ⤷ When the President transmits to the Senate President and the Speaker of the House; The President and Vice-President shall be elected Written Declaration that he is unable to by the people for 6 years. discharge the powers and duties of his office, and until he transmits to them a written The President shall not The Vice-President can declaration to the contrary: such powers and be eligible for any run for 2 consecutive duties shall be discharged by the Vice re-election. terms in a total of 12 President as Acting President. years. ⤷ Majority of ALL the Members of the CABINET transmits to the Senate President and Speaker No person who has of the House; Written Declaration that the P is succeeded as President unable to discharge the power and duties of xxx for more than 4 his office, Vice President immediately assumes years shall be qualified the powers and duties of the Office as acting xxx president VP is eligible for the ⤷ No special election shall be called if the position of member of vacancy occurs within 18 months before the the Cabinet date of the next presidential election. ⤷ The Supreme Court sitting en banc sole judge of all contests relating to the election, returns 11  and qualifications of the President and V. ⤷ Midnight Appointment (Prohibited by the law) President - 60 days ⤷ Regular Presidential Appointment PROHIBITIONS AND LIMITATIONS ⤷ Ad-Interim Appointment ⤷ No increase in salaries during the term. APPOINTMENTS REQUIRING THE CONSENT ⤷ Shall not receive emoluments. OF THE COMMISSION ON APPOINTMENTS ⤷ Shall not hold any other office. ⤷ Heads of executive departments (except the ⤷ Shall not, directly or indirectly, practice any Vice President) other profession, business, or be financially ⤷ Ambassadors and other public ministers and interested in any other contract with consults franchises of the government. ⤷ Officers of the AFP from the rank of colonel or ⤷ Avoid conflict of interest in the conduct of their naval captain. office. ⤷ May not appoint spouse or relatives by LIMITATIONS ON THE APPOINTING POWER consanguinity or affinity within the 4th civil OF THE PRESIDENT degree. ⤷ He cannot appoint relatives within 4th civil consanguinity or affinity. PROHIBITIONS AGAINST THE PRESIDENT’S ⤷ Two months prior to the regular election for OFFICIAL FAMILY President, he cannot appoint except ⤷ They cannot hold any other office or temporary appointments when continued employment during their tenure. vacancies will prejudice public service or ⤷ They cannot directly or indirectly participate endangered public safety. in any other business ⤷ Appointment extended by an acting President ⤷ They cannot directly or indirectly practice shall remain effective, unless revoked by the their profession elected President within 90 days from the ⤷ They cannot directly or indirectly be financially assumption or re-assumption of office. interested in any contract with the government. POWER OF REMOVAL ⤷ General rule: This power is implied from the EXECUTIVE POWER power to appoint. ⤷ The President shall have the control of all ⤷ Exception: Those appointed by him where the executive departments, bureaus, and offices. Constitution prescribes certain methods for He shall ensure that laws are faithfully separation from public service. executed. ⤷ Until and unless a law is declared DOCTRINE OF QUALIFIED POLITICAL unconstitutional, the President has a duty to AGENCY execute it regardless of his doubts as to its ⤷ It means that the president as head of all validity (Faithful Execution Clause) executive departments, has control of the ⤷ Supervision; Overseeing or the power or executive departments and the latter are authority of an officer to see that subordinate mere adjuncts of the President such as their officers perform their duties. acts are acts of the President unless reprobate, or overruled by the President. POWER OF APPOINTMENT ⤷ It is selected by the authority of an individual REVERSE THE DECISION OF THE SECRETARY who is to exercise the functions of a given OF JUSTICE office. ⤷ The power of control of the President. ★ Kinds of Presidential Appointments MILITARY POWERS ⤷ Appointment made by an Acting President ★ Commander-in-Chief Clause 12  ★ Suspension of writ of Habeas Corpus ⤷ Plenary - all ⤷ Order coming from the court to produce ⤷ Partial - few the body. As to presence of condition ⤷ Ground for suspension, invasion, rebellion, ⤷ Conditional Pardon - condition before when public safety requires it. freedom Effects of suspension of Writ ⤷ Absolute Pardon - no conditions, free ⤷ Does not affect the right to bail from all offenses ⤷ Applies only to persons facing charges of ★ Amnesty rebellion ⤷ A general pardon to rebels for their ⤷ The arrested must be charged within 3 treason or political offense days; if not they must be released. ⤷ It overlooks and obliterates the offense ⤷ Does not supersede civilian authority. with which he is charged. ★ Martial Law ⤷ Person released by amnesty stands before Ground for Declaration the law precisely as though he had ⤷ Invasion and Rebellion committed no offense. Following cannot be done ⤷ Suspended the operation of the OTHER FORMS OF EXECUTIVE CLEMENCY Constitution ★ Commutation ⤷ Supplant the function of the Civil courts ⤷ Reduction or mitigation of penalty and legislative assemblies. ★ Reprieve ⤷ Violate Open Court Doctrine. ⤷ Postponement of sentence or stay of ⤷ Civilians cannot be tried by military courts execution. if the civil courts are open and functioning ★ Parole ⤷ Automatically suspend the writ of Habeas ⤷ Release from imprisonment, but without Corpus full restoration of liberty, in custody of law ★ Constitutional Limitations of Martial although not in confinement. Law and the suspension of Privilege of ★ Remission of fines and forfeiture Habeas Corpus ⤷ Prevents the collection of fines and ⤷ Not more than 60 day, unless extended by confiscation of forfeited property; cannot congress affect rights of third parties and money ⤷ President to report to congress within 43 already in the treasury. hours ⤷ Authority of the Congress to revoke or BORROWING POWER extend ⤷ The president may contract or guarantee ⤷ Authority of the Supreme Court to … foreign loans on behalf of the Republic ★ Ways to lift proclamation or suspension with the consumed … ⤷ By the President himself ⤷ Revocation by Congress DIPLOMATIC POWER ⤷ Nullification by the Supreme Court ⤷ No treaty or international agreement shall ⤷ By operation of law after 60 days be valid and effective unless concurred in by at least ⅔ of all the Members of the PARDONING POWER Senate ⤷ Act of grace which exempts individuals from ⤷ Executive Agreement has no need of ⅔ punishment which the law inflicts. approval by the Members of the Senate Act to effect 13  ⤷ The power to ratify is vested in the ★ Political President subject to the concurrence of ★ Economic the Senate. ★ Cultural Other foreign affairs powers ⤷ Power to make treaties POLITICAL GLOBALIZATION ⤷ The power to appoint ambassadors, ★ 1920s public ministers, and consuls. ⤷ Creation of the League of Nations, to promote ⤷ Power to receive ambassadors, and other peace and security in Europe and the rest of public ministers the world. ⤷ Deportation Power ★ 1945-1948 ⤷ End of WW2, allied forces organized a global union to prevent another global conflict and BUDGETARY POWER eventually founded the United Nations. ⤷ Within 30 days from the opening of every Followed by ICC, ASEAN, NATO, then Eu. regular session, the President shall submit ⤷ A supranational organization whose to Congress a budget or expenditures and member-states surrender certain powers to sources of financing, including receipts higher authorities. from existing and proposed revenue POLITICAL ORGANIZATIONS CONCERNS measures. ⤷ Security and Military matters ⤷ Congress may not increase the ⤷ Terrorism appropriation recommended by the ⤷ Organized Crime President for the operation of the ⤷ UN Security Council: 5 permanent Government as specified in the budget. members-China, Russia, UK, USA, France ⤷ NATO: started in cold war, then Balkan Crisis, War against Iraq and Afghanistan INFORMING POWER ⤷ Erosion of national sovereignty and national ⤷ The president shall address Congress at borders through international agreements. the opening of its regular session ⤷ The President usually discharges the ECONOMIC GLOBALIZATION informing power through what is known as ⤷ Growing trade and financial relations among the State of the National Address countries. ⤷ Reduction and removal of trade barriers EVIDENCES SHOWING THE INDEPENDENCE ⤷ Establishment of regional trade blocs, OF THE PRESIDENT common markets, free trade. ⤷ He can be removed by impeachment only ⤷ North American Free Trade Agreement: Canada, USA, Mexico ⤷ His salary may not be increased or ⤷ Asia Pacific Economic Cooperation: 21 decreased during his term of office Countries in the Pacific rim ⤷ His executive actions cannot be supervised by the courts CULTURAL GLOBALIZATION ⤷ He cannot be sued during his term of ⤷ Transmission of ideas and growth of office multi-sectoral societies ⤷ Migration ⤷ Spreading of multiculturalism and better GLOBALIZATION individual access to cultural diversity, with on the other hand, some reduction in diversity ⤷ The gradual integration of the world's through assimilation, hybridization, products, ideas, and technology. Westernization, Americanization or Sinicization of cultures. 14  ⤷ Appreciation of Cultural identity due to ⤷ Globalization has brought in fierce openness to diversity competition in the markets. ★ Communication GLOBALIZATION IN THE PHILIPPINES ⤷ Every single information is easily accessible ⤷ The country is taking part in the process of from almost every corner of the world. globalization ever since the country signed ⤷ Circulation of information is no longer a agreements with the World Trade tedious task, and can happen in seconds. Organization in 1995. ⤷ The internet has significantly affected the ⤷ Globalization is very effective in the global economy, thereby providing direct Philippines, it has allowed major changes in access to information and products. the nation like more labor, and more Filipino ★ Transportation and foreign companies have emerged in the ⤷ Considered as the wheel of every business nation in order to help the country’s organization, connectivity to various parts of developing economy. the world is no more a serious problem. ⤷ Today with various modes of transportation ADVANTAGES OF GLOBALIZATION OR available, one can conveniently deliver the GLOBALISM products to a customer located at any part of ★ Free Trade the world. ⤷ Leads to a more efficient allocation of ★ GDP Increase resources, with all those involved in the trade ⤷ Gross Domestic Product, commonly known as benefitting. GDP; is the money value of the final goods and ⤷ Leads to lower prices, more employment and services produced within the domestic better allocation of resources. territory of the country during an accounting ★ Peaceful Relations year. ⤷ Most of the countries have resorted to trade relations with each other in order to boost DISADVANTAGES OF GLOBALIZATION their economy, leaving behind any bitter past CLAIMED BY ACTIVIST experiences if any. ★ Corporatist Agenda ★ Employment ⤷ Intent on constricting the freedom of ⤷ Considered as one of the most crucial individuals in the name of profit. advantages, globalization has led to the ⤷ An ideology that believes in acting and generation of numerous employment protecting by groups. opportunities. ★ Political Policy of Nation-States ⤷ Companies are moving towards developing ⤷ Shaped by increasing autonomy and strength countries to acquire a labor force. of corporate entities. ★ Education ⤷ The government will be familiarized with the ⤷ Very critical advantage that has aided the corporatist agenda that will result the same. population in the spread of education. ★ Credit-based economics ⤷ With numerous educational institutions around ⤷ Resulted in unsustainable growth of debt and the globe, one can move out from the home debt crises. country for better opportunities elsewhere. ★ Health Issues ★ Product Quality ⤷ Given rise to more health risks and presents ⤷ Has been enhanced so as to retain the new threats and challenges for epidemics. customers. ★ Loss of Culture ⤷ Today the customers may compromise with ⤷ Large number of people moving into and out the price range but not the quality of the of a country, the culture takes a backseat product. Low or poor quality can adversely ⤷ People may adapt to the culture of the affect consumer satisfaction. resident country, ★ Cheaper Prices 15  ⤷ They tend to follow the foreign culture more, ⤷ An aspect of a relationship between two social forgetting their own roots. actors where one actor “A’ can induce or ★ Uneven Wealth Distribution influence actor “B” to do something in line with ⤷ Rich are getting richer while the poor are A’s preferences when B would not do getting poorer. otherwise. ⤷ In this sense, globalization has not been able to reduce poverty. 5 TYPES OF POWER ★ Environment Degradation ★ Force ⤷ The Industrial revolution has changed the ⤷ The Coercive power outlook of the economy. ⤷ Probably the most easily recognizable source ⤷ Industries are using natural resources by of power. means of mining, drilling, etc. which puts a ⤷ The followers believe that the leader has the burden on the environment. power to punish him for non-compliance. ★ Disparity ★ Wealth ⤷ Though globalization has opened new avenues ⤷ The Reward power like wider markets and employment, there still ⤷ Patron-clientelism exists a disparity in the development of the ⤷ Based on the followers’ belief that the leader economies. has resources or benefits that will help the ⤷ Structural unemployment owes to disparity follower in reaching his goals and meeting his created. needs. ⤷ Developed countries are moving their ★ Expertise factories to foreign countries where labor is ⤷ The Expert power cheaply available. ⤷ Expertise has provided individuals with power ★ Conflicts and influence ⤷ It has given rise to terrorism and other forms ⤷ Knowledge is power of violence. ⤷ Leader possesses superior information and ⤷ Such acts not only cause loss of human life but ability. also huge economic losses. ★ Position ★ Cut-throat Competition ⤷ The Legitimate power ⤷ Opening doors to international trade has ⤷ Position in organization is one of the surest given birth to intense competition. avenues to power. ⤷ This has affected the local markets ★ Popular Support dramatically. ⤷ The Referent Power ⤷ The local players thereby suffer huge losses as ⤷ Minimizes the need to use coercive power or they lack potential to advertise or export their reward power to obtain compliance to the products on a large scale. decision of the government. ⤷ Therefore the domestic market shrinks. ⤷ Based on the followers’ identification with the leader POWER AUTHORITY ⤷ Closely associated with power. POWER ⤷ Formal or legal as distinguished from personal ⤷ Considered as the central study of politics. power ⤷ Without power; it would be impossible for the ★ Position government to maintain law and order to ⤷ Authority is attached to these positions pursue policies for social, economic, and ★ Roles political development of the country. ⤷ Set of patterned expectations about behavior ★ Robert Dahl that the members of society attach to a position in an institution. 16  ⤷ Dura lex sed lex (The law is harsh but it is the 3 TYPES OR SOURCES OF AUTHORITY BY MAX law) WEBER ★ Eminent Domain ★ Traditional Authority ⤷ The power of the state to take private ⤷ Based on ancient customs or traditions or property to be used for public purpose upon conventions. payment of Just compensation ⤷ Closely tied up with hereditary systems of ★ Taxation power and privilege. ⤷ Power to collect a certain amount of money in ★ Charismatic Authority order to pay for the expenses of the ⤷ Refers to people following a leader because government. they believe that he or she has extraordinary ⤷ Based on the proportional amount of the personal qualities that command their people to defray the expenses of the obedience. government. ★ Legal-rational Authority Lifeblood theory ⤷ Based upon acceptance of publicly ⤷ The taxes we pay are considered the life that articulated, society-wide rules and regulations supports the government; without it, the issued by duly authorized public officials. government will eventually die. ⤷ Hold any position according to the legal Double Taxation procedures. ⤷ No constitutional prohibition but against excessive taxation. HUMAN NATURE AND POWER Excessive Taxation ⤷ Additional tax by the same taxing jurisdictions ⤷ Power corrupts and absolute power corrupts during the same period and for the same absolutely. purpose. SOLUTION ⤷ Follow the Rule of Law POWER AND CITIZENSHIP ⤷ Separation of Powers ⤷ Check and Balances ⤷ Sovereignty resides in the people and all government authority emanates from them. POWER AND GOVERNANCE KINDS OF CITIZENSHIP ★ Civil Citizenship 3 INHERENT AND FUNDAMENTAL POWERS OF ⤷ Individual rights and freedom THE STATE ★ Political Citizenship ★ Police Power ⤷ Participation and political power of the ⤷ Regulate liberty and property for the citizens promotions of the general welfare. ★ Social Citizenship ⤷ Serve the general welfare ⤷ Rights and responsibilities of the citizens ⤷ Promote public health ⤷ Protect public safety RESPONSIBILITY AND ACCOUNTABILITY ⤷ Protect public morals ⤷ Promote economic security Justification is found in Latin maxims: ★ Obligation ⤷ Salus populi est suprema lex (The welfare of ⤷ An action an individual is required to perform the people is the supreme law) ⤷ Responsibilities according to the law. ⤷ Sic utere tuo ut alienum non laedas (So use ★ Accountability your property as no to injure the property of ⤷ Sense of responsibility for one’s actions and others) consequences. 17  ★ Responsibilities ⤷ Refers to obligations Legal Responsibilities ⤷ Set of obligations provided by the law. Moral Responsibilities ⤷ Set of obligations provided by the society VIOLATIONS ★ Abuse of Authority ⤷ Refers to the use of authorized power for legal acts. ★ Abuse of Discretion ⤷ Willful disregard for the rules or proper procedure by the law. ★ Abuse of Power ⤷ Misconduct in office Corruption ⤷ Use of authority for private interest. Graft ⤷ Use of public funds for personal gains 18