PS 1 Module Chapter 1 3
PS 1 Module Chapter 1 3
PS 1:
FUNDAMENTALS OF POLITICAL SCIENCE
Learning Outcomes:
After studying the module the students are expected to:
1. Define Political Science;
2. Justify that political science is “science” or “not a science”;
3. Justify that political science is a “science” or “not a science”;
4. Explain the scope of political science;
5. Discuss the objectives of political science;
6. Distinguish the methodologies in political science;
7. Analyze the relationship of political science with other studies; and.
8. Describe the tasks of a political thinker.
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a. Political Science equips them with knowledge about their rights, duties and obligations in a democratic
milieu.
Intelligent and responsible citizenship makes a democratic nation strong and stable.
Ignorance of the civic rights, duties and obligations weakens the national foundation and causes
it collapse.
b. The study of political science gives the students the civic skills and humane ideals requisite for
responsible participation in the political and social life of a democracy.
Students of political science will exercise their rights of suffrage effectively by voting wisely during
election. Political Science makes the student informed about political concepts, institutions, and
practices and leads him towards his development for civic efficiency.
2. Knowledge of political science prepares students for career in law, foreign service, public administration,
politics, teaching, economics etc.
Political science is one of the preparatory course in law. With the implementation of the K-12 program
they can also teach in senior high school. They can also teach in college if they will continue studying
Master in Political Science. They can be a future public administrator, a politician, a policeman, etc.
3. The study of political science seeks to gather knowledge and understanding of government, how it
operates, the conduct of elections, who are his representatives, etc.
4. It also enables every Filipino to discharge and exercise more intelligently and more efficient to his duties
as a citizen.
The duties and obligations as member of the society and rights as a citizen are being discussed in
Political Science.
5. Knowledge of Political Science, local and comparative with other states, constitutes particularly useful
equipment for the Filipinos who desire to participate effectively and usefully in our political growth and
development.
In the mid of the COVID 19 pandemic the government gives authority to open the businesses and
industries in the provinces or areas under GCQ and MGCQ. The public is still warned to wear mask,
sanitize and observe social distancing. The government decided to open the business and industries in
order to help the economy and at the same time to allow the people to work because many families will
suffer and business or industries will be closed.
3. Geography – Geopolitics (a science concerned with the study of the influences of physical factors such
as population pressures, sources of raw materials, geography etc. upon domestic and foreign politics)
indicates on approach which a political scientist frequently must adopt to help explain such phenomena
as the early growth of democracy.
The Philippines is composed of 5,107 islands situated at the confluence of the South China Sea, the
Indonesian archipelago, the Philippine Sea and Pacific Ocean. It forms the outer edge of maritime
Southeast Asia, and for much of its modern history has served as a gateway between western powers
and continental Asia. A former colony of both Spain and the United States, the Philippines today consists
of three island clusters: Luzon, Visayas and Mindanao. Luzon, with the country’s capital in Manila, is the
political, cultural and economic core of modern Philippines. It is highly urbanized relative to the rest of
the country, boasts a large port and deep harbor, and accounts for roughly one-third of the Philippines
GDP. Mindanao has long been a hotbed for political unrest and insurgent movements and is populated
by the predominantly Muslim Moro tribes. It is also an important fruit and produce exporter. The
Philippines is shaped by sharp geographic, economic and social divisions between a primarily urban
north — in Luzon — and a heavily agricultural, poorer south. This, along with the fractured island
geography, makes effective national integration difficult. (https://worldview.stratfor.com/region/asia-
pacific/philippines)
4. Sociology – the study of society as a whole. A social science course that enriches political science by its
contributions to the study of social problems, juvenile delinquency, housing problems, etc. are data
available to the political scientists to evaluate, and which may be later become interesting and basic
subjects of legislations.
5. Psychology – Psychology is the foundations of Political Science. Many political thinkers such as Thomas
Hobbes to Jeremy Bentham tried to evolve a whole science of politics based on psychology. The study
of political behavior is a good example of how these men used psychology in their theories about politics.
Jeremy Bentham – father of utilitarianism in 10th century England, formulated in theory of political
behavior on the fundamental reality that men act always in pursuit of their self-interest.
Thomas Aquinas and Thomas Hobbes – expounded their theories of morale and politics on a solid
foundation of reality by recognizing the fact that man’s instinctive desire is to preserve himself.
During election period political parties have their own platform of government. Most of their platform is
to serve the people especially the poor. Their political slogan also aims to improve the life of the Filipino
people specially the poor.
Examples of Political Slogan:
Erap Para sa Mahirap by Joseph Ejercito Estrada, Kung walang corrupt, walang mahirap, Benigno C.
Aquino, Jr. ; Tapang at Malasakit, Rodrigo R. Duterte, Para sa mga nasa Laylayan, Leni Robredo; and
Gaganda ang Buhay kay Binay.
As observed the poor are given attention because they know that these people always hope that their
life will improve with the help of the government.
6. Anthropology – students of politics are benefited by the anthropological theory of the state.
Anthropologists believe that the state evolved from the family, and from the clan into bigger or more
extensive groupings (i.e. the tribe and finally the nation, bound by common ties and goals.
Aristotle writes that man is by nature a political animal, the anthropologist helps the students of
political science to understand this it means that man is a rational, civilized and cultural being.
The clans are important aspect in the eye of the politician during election campaign in the Philippines.
These clans usually hold reunions and the political candidate are being invited and presented during
the reunion. Clans are also considered in choosing a ward leader during election campaign especially
in provinces.
7. Philosophy - Political theories about the origin of the state, individualism, democracy, communism, the
separation of governmental powers, and others are but a few examples of the personal philosophies of
those who advocated them.
Every Philippine President have its own political philosophy in terms of the forms of government. Example
of this is during the time of Ferdinand E. Marcos he prefer the Democratic-Parliamentary form of
government; Corazon C. Aquino administration choose to have Democratic-Presidential; while Rodrigo R.
Duterte administration prefer to change the Unitary type of government to Federal.
8. Statistics and Logic – political theorists must possess a broad scientific background and knowledge of
current political problems and he must employ scientific methods in gathering and evaluating data and in
drawing conclusions.
1. Health workers/frontliners;
2. hospital beds;
3. personal protective equipment;
4. medical supplies;
5. ventilators;
6. quarantine facilities;
7. testing centers, testing kits;
8. cash/good assistance;
9. assistance to the unemployed; and etc.
9. Jurisprudence – branch of public law is concerned with the analysis of existing legal systems and also
with the ethical, historical, sociological and psychological foundations of law. Law and state are
inseparable. All states proclaim laws, effective within their jurisdiction, and enforce them through a
system of penalties.
In the Philippines, the legislative, executive and judicial department are separated. They are independent
but coordinate with each other. The legislative department promulgate the laws, the executive
department execute the laws while the judicial department interpret the law. The judicial department
checks whether the laws promulgated by congress is within the bound of the Constitution of the
Philippines and see to it that the laws are implemented by the executive department.
References
Ayson, Florentino G. and Reyes, Dolores A. 2000. Fundamentals of Political Science, Second
Edition.Mandaluyong City: National Book Store.
Valenzuela, Edwin E. 2012 . Understanding Basic Concepts in Political Science. Intramuros, Manila: Purely
Books Tradining and Pulblishing Corpo.
Valenzuela, Edwin E. 2016. Understanding Basic Concepts in Political Science. 2nd Edition . Intramuros,
Manila: Purely Books Tradining and Pulblishing Corporation.
Laurente, Reynold R. 2006. Essentials of Political Science 2. Manila: Philippines, Rex Book Store.
https://worldview.stratfor.com/region/asia-pacific/philippines
Zueleta, Francisco M. 2003. Foundations and Dynamics of Political Science. Mandaluyong City,
Philippines: Academic Publishing Corporation.
Learning Outcomes:
After studying the module the students are expected to:
1. Distinguish power from authority
2. Critique the three types of authority
3. Distinguish state and nation
4. Classify the different types of states
5. Discuss the purposes of state
6. Make a chart showing the functions and obligations of the state
7. Classify the different theories of state
8. Trace the evolution of modern states
9. Analyze the different essential elements of state
Authority derives from the Latin word auctoritas and is a concept used to indicate the
foundational right to exercise power, which can be formalized by the State and exercised by way of judges,
monarchs, rulers, police officers or other appointed executives of government, or the ecclesiastical or
priestly appointed representatives of a higher spiritual power (God or other deities). The term authority can
also be used to indicate an academic knowledge of an area (as in an authority on a subject), or to refer to
an original or natural obligation (as in the authority of a father).
In government, the term authority is often used interchangeably with power. However, their
meanings differ: while power is defined as "the ability to influence somebody to do something that he/she
would not have done", authority refers to a claim of legitimacy, the justification and right to exercise that
power.
Authority is legal and formal right to a person, who can take decisions, give orders and commands to
others to perform a particular task. It is conferred to high officials, to accomplish organization’s objectives. It
is hierarchical in nature, it flows downward, i.e. delegated from superior to the subordinate.
In general, authority is exercised to get things done through others. It is attached to the position, i.e.
any person who gets the position enjoys the authority attached to it, the higher the position, the higher would
be his authority. As the authority lies in the designation, in the absence of authority, the position offered to
the person would be of no use. Moreover, it is restricted to the organisation only.
The difference between power and authority can be drawn clearly on the following grounds:
1. Power is defined as the ability or potential of an individual to influence others and control their actions.
Authority is the legal and formal right to give orders and commands, and take decisions.
1. Charismatic authority points to an individual who possesses certain traits that make a leader extraordinary.
This type of leader is not only capable of but actually possesses the superior power of charisma to rally
diverse and conflict-prone people behind him. His power comes from the massive trust and almost
unbreakable faith people put in him.
2. Traditional authority indicates the presence of a dominant personality. This leader is someone who
depends on established tradition or order. While this leader is also a dominant personality, the prevailing
order in society gives him the mandate to rule. This type of leadership, however, is reflective of everyday
routine and conduct.
3. Legal-rational authority is one that is grounded in clearly defined laws. The obedience of people is not
based on the capacity of any leader but on the legitimacy and competence that procedures and laws
bestow upon persons in authority. Contemporary society depends on this type of rationalization, as the
complexities of its problems require the emergence of a bureaucracy that embodies order and
systematization.
1. Charismatic leadership can be problematic because it is somehow based on some form of a messianic
promise of overhauling an unjust system. It is not impossible, however, to find such type of a leader, as
history would show. Consider Mahatma Gandhi, Martin Luther King Jr., or Nelson Mandela. A charismatic
leader holds the mission to unite his people amid adversity and differences in order to attain an almost
insurmountable goal.
2. Traditional authority poses its particular difficulty insofar as it is based on some kind of a dominant power.
For Weber, all authority exhibits some form of domination. A traditional leader may rely on or even exploit
prevailing practices. Traditional authority may suffer from a lack of moral regularity in the creation of legal
standards.
3. Legal-rational authority makes manifest the power of the bureaucracy over the individual. In the exercise
of authority, the administration of power, laws and rules, including institutional duties and protocols, have
control over individuals. While order and systematization are desirable, the bureaucracy may not be able
to fully address the problems and concerns of everyone, as what the development of nation-states today
suggests.
Weber’s analysis of modern societies also points to the idea that capitalist states do give rise to
bureaucratic authority. Instrumental reason, grounded in the “means to an end” discourse, can be found
in the exercise of authority on the basis of laws, rules and procedures that govern citizens. For Weber,
legal-rational authority has been successful in Protestant countries because Protestantism fills the bill in
terms of responsible capitalism. The basic point is that Protestant ethics emphasizes hard work and
individual responsibility, which are both necessary in order to maintain and pursue the ends of capitalism.
As a people, Filipinos not only need to have the knowledge about the character traits of the leaders
we so desire. More importantly, we have the moral duty to understand collectively the basic requirements
that confer legitimacy on the mandate of government officials in whom we entrust the future of this nation.
Democracy is about how and why power must be reconfigured so that it emanates from the center in
order to capacitate the peripheries. But democratic change cannot be achieved simply by means of
rewriting our laws. An ideal discourse situation in the grassroots must be present.
The Philippines has always been a difficult case. Right now, what the country needs is a unifying
leader who must exhibit both political will and charisma, one who can bring about social and political
cohesion in the pursuit of public interest. Given the problems that we have, becoming the country’s leader
should be an unenviable position. But we have to make the right choice. The continuing saga that is
Philippine democracy is not wanting in terms of potential heroes and villains.
Leadership Power
Everyone leads differently, but all leadership involves authority. Most leaders exhibit the same types of
leadership power.
Each leader usually exhibits at least one of these types of leadership power.
1. Legitimate power is traditional power – it is the type of power a manager, executive, or another leading
official in a company has due to the status of their position.
2. Information power - one gains information power when they know something other people want to know.
This information could be anything from gossip to intricate knowledge about a person or company.
3. Expert power - people who have more knowledge or experience than other members of their team exhibit
expert power. For example, an executive with 20 years of experience in their field has expert power over
a recent college graduate who is just starting their career.
4. Reward power - a leader who has the ability to reward an employee or team member (with money,
praise, etc.) has reward power.
5. Coercive power - is the opposite of reward power; a leader who can punish an employee or team member
has coercive power. Because the threat of punishment can persuade an employee to act a certain way,
this type of leadership power is called “coercive power.”
6. Referent power - is all about “who you know.” A leader with lots of referent power may have many
connections or a large social network they can use to their advantage. Someone with referent power may
also be close to an executive with legitimate power.
7. Charismatic power - charismatic leaders have the ability to influence others. While they may or may not
have an established network of contacts, they usually have a natural ability to persuade or inspire others.
8. Moral power - A leader who has moral power over his or her employees and exhibits ethical leadership has
been placed on a pedestal, so to speak, due to their beliefs and actions. A leader’s good qualities can
Lesson 2 – Nation-State
State-Nation Defined
State is a group of people, living in a definite territory, having a government of their own and enjoying
independence from other country.
Nation a large body of people united by common descent, history, culture, or language, inhabiting a
particular state or territory.
Nation is a group of people bound together by certain characteristics such as common social origin,
language, customs and traditions and who believe that they are one and distinct from others.
There must be among them a common unifying bond that holds them together: emotionally, culturally,
spiritually and socially. They must demonstrate a spirit of national unity.
Even if some of the essential elements of nation may not be present, like absence of common social
origin, religion or culture, are those of a state, like absence of sovereignty or lack of territory provided the
spirit of nationalism is strong among the people, they still constitute a nation although they do not form a
state.
2. State is not subject to external control while a nation may or may not be independent of external control.
3. A single state may consist of one or more nations or people, and conversely, a single nation may be made
up of several states.
A nation may comprise several states. Example: Egypt, Iraq, Saudi Arabia, Lebanon, Jordan, Algeria
and Libya, among others, while each is a separate state, all belong to the Arab nation.
On the other hand, it is also possible for a single state to be made up of more than one nation. Example:
United states, which was a melting pot of many nations that were eventually amalgamated into the
“American nation,” or of Malaysia, whose population consists of Malay and Chinese, or of the United
Kingdom, which is composed of England, Scotland, Wales, and Northern Ireland.
A state need not be a state at all, as demonstrated by Poles after the dismemberment of their country in
1975 again in World War II or by the Jews before the creation of the State of Israel in 1948. (Cruz, 2002)
as cited by Laurente, 2006).
1. Simple State – Type of state in which there is only one state and no other states included on their
statehood. Example – Philippines and Japan.
2. Composite States – Type of state in which there are many states merged to form a single entity.
Examples: United States of America, United Kingdom and the former Czechoslovakia
1. Domestic Order and Tranquility - the government can realize this by providing laws to regulate the
people’s conduct and an effective system of law enforcement.
Essential Functions
a. Maintenance of an effective police force to apprehend criminals and suppress domestic violence.
Undertaking to defend the state from external aggression. To attain this end:
Freedom of the individual to enjoy these rights is dependent upon government, which is instituted to
safeguard them.
Freedom of speech and of the press, freedom of association, freedom of religion and the rights of
persons accused of crime should not be subject for restraints.
This end of the state is concerned with value judgments and moral standards. The government
should:
a. government build strong armed forces for common defense It should set a high standard of
morality in running the affairs of the state.
Cruz (1971) as cited by Valenzuela, (2016) enumerated the following rights of states.
2. Independence – The right of the state to manage its affairs without the intervention coming from other
states as defined by Aurego-Aruego-Torres (1981). There are two types of independence; de-facto and
de-jure. The former existence in fact but not in law and the latter both in existence of fact and in law.
Example: Philippine independence in two declarations – June 12 and July (1898 and 1946 respectively).
3. Self-defense – Self-defense is considered as one of very important right of the state. The Philippine
constitution of 1987 reiterates that – “Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the state. Its goal is to secure the
sovereignty of the state and the integrity of the national territory.” (Art. II section 3, 1987 Philippine
Constitution). It means that the state shall be protected by its armed forces as designed also by the
Geneva Convention Laws on War and protocol of conventional weapons ratified by the United Nations
Organizations.
4. Property and Domain – Property of the State consists of territorial (within the limits of territory) and non-
territorial (outside the domain of the state) such as embassies, consulates, warship, airship even
submarines of the armed forces; on the other-hand, domain consists of aerial, maritime and fluvial and
terrestrial (land) which is also a part of the jurisdiction of the state. Outer space is not included.
5. Equality – The essence of equality among state is more on juridical rather than factual. Physically states
are not equal when it comes to territorial size, number of population, economy, military might and so on.
On the other-hand equality of states are stated in international law regarding to the rights to
representation (in United Nations Organization), right to vote and the right to self-preservation.
According to Aruego and Aruego Torres, (1981) the following are the territorial acquisition of the
states:
a. Discovery and Occupation – An unknown territory should be discovered first and there is a need of
effective occupation to draw its boundaries of claimant. Such as the case of discovery of Spratley
Islands by a Filipino navigator named – Thomas Cloma; on the other-hand after its discovery of group
of islands there is no effective occupation and that the reason why China and Vietnam claimed some
portion of islands. It should be simultaneously done, discovery and effective occupation to complete
the process of claiming of unknown territory.
b. Prescription – The concept of prescription is a long process. There is no specific rule as far as
international law is concern (Cruz: 1971 p. 86). It should be considered the consensual agreement of
states in practicing their sovereign in a certain portion of territory or unknown territory as a whole.
c. Cession – Almost the same as of prescription, on the other hand, there should be a formal agreement
between two or more states. Such as sale, just like the case of the Philippine islands ceded by Spain
to the United States for 20 million dollars; donation, exchange, and even testamentary dispositions
(Cruz: 1971 p. 87).
d. Conquest – This acquisition is merely traditional. Just like the empire builders of Rome and Greece
in which a certain state used force or military might to conquer territories. This is a barbaric style of
claiming territories, named or unnamed.
e. Accretion - This is the process whereby territory will expand by natural (alluvium and erosion of the
soil) and by man-made such as reclamation projects (e.g. the Macapagal Highway along the coastline
of Manila Bay in Metropolitan Manila, Philippines).
g. Legation – This is the right of the state to establish relations with other states. There are two types of
categories of this right; the active and the passive right. The former is the right of the state to send
foreign dignitaries such as ambassadors and consuls; while the latter is the receiving of such foreign
representatives or public ministers.
Obligation of States
1. Capable to enter international treaty and agreements where the statehood is not subject as an issue.
2. States shall participate in political and economic declarations where they could stand on the major concern
or issues; and
3. They are capable to join international organizations like United Nations Organizations or economic block
such as Asian Free Trade Area (AFTA), North Atlantic Free Trade Area (NAFTA), Organization of
Petroleum Exporting Countries (OPEC), Association of Southeast Asian Nations (ASEAN) or Asia Pacific
Economic Caucus (APEC).
Theories of State
According to Valenzuela (2016) the following are the theoretical origins of state:
1. Divine-Right-Theory – Was popularized during the 17th centuries when most people believed that “God
vested political power to his representatives here on earth” and that was no other than monarchs as well
as they are also recognized by the Papacy. This theory was also epitomized by King Louis XIV wherein
he reiterated that his political power claimed in the name of God. The people believed that their leader
was God sent to them.
2. Contract Theory – Was popularized by John Lock and Jean-Jacques Rousseau (Social Contract) tackles
about the relationship between the government and the governed. According to this theory, man is
sociable and needs a powerful sovereign to protect his basic rights i.e. the right to life, liberty and property.
The theory holds that the government and sovereign were set up by the people in order to protect their
basic rights and avoid absolutism and the abuse of power against them. The very essence of the theory
is that the constitution per se wherein the contract of the sovereign and the people’s rights should be
limited, and the protection of the basic rights of every individual.
3. Patriarchal Theory – The theory holds ancient societies were ruled by male based on their belief that male
belief that male is powerful over female. Mostly even today, that family is ruled by the father. The male
designation is most likely believed because male can think and decide firmly which is contrary to female.
4. Force or “might makes” right” Theory - Might makes right theory known as the force theory was
popularized by Thomas Hobbes where man is at war with every man. According to this theory, the strong
groups can use selfishness. According to this theory, the strong groups can use force with other groups
in order to form the state. Example: the American Revolution wherein they were united in order to use
force against their British counterpart, domed the United States of American with its 13 original states,
and followed by other 37 states.
5. Historical Theory - State was a product of historical development of the society. According to Aristotle,
state was evolved from a family to tribes, tribes into a clan into a nation and a nation into a state.
Moreover, state is only a product of human civilization in terms of organization of individuals just like a
colony, school of fishes and flock of a sheep.
7. Biological Theory – Biology is the study of life. Just like life itself, state exists because of the life within
the society and that is human. Just like instinctive theory, wherein man is needed a companion in order
to live and that is the harmonious relationship of the government and the governed.
States are the product of evolution, which were discussed by the following political thinkers:
1. According to Aristotle
Aristotle, a Greek thinker wrote a book entitled “The Politics “ wherein according to him, State is
considered a moral idea. As a moralist, State, just like an individual should be moral in the sense that
the foundation of state is family. He also designed that state comes from individual, into family, into clan,
tribe, nation up to state. The evolution of State is merely coming from the people and the group of people
organized themselves to form the modern state.
Aside from the basic four elements of state, modern political analyst considered the fifth element-
recognition wherein according from the words of Aruego-Aruego-Torres (1981) as cited by Valenzuela
(2016) “recognition is an act which gives the state an international status.” In short, modern civilization
should accept the legal consequences of recognition. Cruz (1971) on the other hand classifies
recognition into two: express and implied. Express – is by verbal or writing; Implied – formal agreement
which the two states undergoes official intercourse. Moreover, recognition should be considered as an
element of modern states to attain legal status quo.
2. According to Marx
Karl Marx, a German sociologist, discussed in his “theory of Revolution” that the “State withers
away” in the sense that there no more social classes and the abolishment of private property. For him
the state should be abolished in order to abolish the higher class-the elites and the capitalists comprises
in the government in order to attain the communism stage.
Immanuel Kant, a German philosopher wrote the book entitled “The Eternal Peace”. According to
him, there is concept of generation of States such as:
a. That there will be the Federation of States such as the one world government (which was idealized the
concept of the United Nations);
b. That states should adjudicate their conflicts in one judicial court or world court; and
c. State must maintain a police force and one world army (which idealized the United States of America
as the policeman of the world.)
1. People are a mass of population living within the state. Without people there can be no functionaries to
govern and no subjects to be governed. The number of people comprising the state is not definite.
2. Territory includes the lands over which the jurisdiction of the state extends rivers and lakes therein, certain
area of the sea and air space above.
3. Government – agency through which the will of the state is formulated, expressed and carried out. The
word is sometimes used to the person or aggregate of those persons in whose hands are place for the
time being the function of political control.
4. Sovereignty – supreme power of the state to enforce its will upon its citizens through laws. Also means
independence from the control of other states.
In democracy, sovereignty resides on the people. It is the power of the people to elect or charge
officials who will make the laws of the land.
Symbols of State are flag, zeal, currency and stamps.
1. Internal Sovereignty – is the supreme or absolute power of a state to enforce its will on the people
within its territory. It implies therefore, that the government must possess adequate powers to
control and regulate the conduct and affairs of the people within the borders of the state.
2. External Sovereignty – means independence of a state from control by any state. External
sovereignty of a state should be recognized and respected by the nation-states.
Characteristics of Sovereignty
1. Absolute – The exercise by the state of its sovereign powers is absolute in the sense that the state
is not subject to restrictions by another other power. Jean Bodin (1530-1597), father of the modern
theory of sovereignty, defined sovereignty as the supreme power over subjects and their possessions
unrestrained by law. It is unrestrained by law because the sovereign is the source of law.
According to De Maistre, a French political philosopher during the French Revolution sovereignty is
“always one, inviolable, and absolute” no matter where it is located and how it is defined.
2. Comprehensive – The sovereignty of a nation-state is comprehensive for its supreme legal authority
extends to all- the citizens, aliens, associations or organizations within its boundaries. Rules of
international relations, however, provide several exceptions to this characteristic. Under the principle
of mutual respect or international courtesy, diplomatic immunity is extended to foreign ambassadors
and ministers together with their respective families during the period of their assignment in the host
nation-state. Under the principle of ex-territoriality, diplomatic immunity means that diplomatic
representatives and their families are exempted from the local jurisdiction of the state.
3. Permanent Sovereignty is perpetual in the sense that as long as the state exists, sovereignty also
exists. This is so because sovereignty is an inherent attribute of the state. Rulers may be ousted
through elections, or they may be overthrown from power through revolutions. Government may be
changed from one form to another. However, as long as the state exists, sovereignty is always
present a one of its element.
Sovereignty cannot be divided; there could only be one supreme power in a state. The state
may grant the exercise of some powers to its political subdivisions, but “what it grants it may take
away”. The authority to govern may be shared, but not the supreme power. There is only one state
with one sovereignty.
1. Legal Sovereignty – defined as the supreme authority of the state expressed by the law and the
constitution, which even authority, has the power to make the law or amend the constitution, that authority
exercises legal or constituent sovereignty.
John Austin – famous jurist describes law as a supreme command enforced by the ruler upon his people
who in turn render habitual loyalty and obedience to their ruler.
In the Philippines it is the Congress or the constitutional convention and the people, which exercise legal
authority. Amends to the constitution may be proposed by:
a. Congress
b. Constitutional convention
c. By the people through initiative
Initiative requires petition of at least 12% of the total number of registered voters of every legislative
districts represented by 3% of the registered voters.
2. Political Sovereignty – is the supreme will of the state expressed by the electorate. Also called electoral
sovereignty in the sense that, the supreme authority of the state is exercised by the electorate, in the
choice of public officers at least during election time.
3. Popular Sovereignty - supreme power of the state, which resides in the people. This authority means
that the people are the ultimate source of power and so they possess coercive power to control
government through which they allow themselves to be governed. It was said that sovereignty resides
in the people and all government authority emanates from them.
4. De Facto Sovereignty – vested on a person who has succeeded in displacing the legitimate sovereign.
The authority of coercive power of this person or group of persons exists in fact and is sanctioned by the
people within the state territory.
5. De Jure Sovereignty a state is de jure from the viewpoint of recognizing states. Theory of de Jure
Sovereignty is that the supreme legal authority of the state is based on the supremacy of law.
Learning Outcomes:
At the end of the chapter, the students are expected to:
1. Define government and state
2. Make a chart showing the concept of government of the
different political philosophers
3. Make a list of the different forms/classification of
government applicable to the history of the Philippines
4. Explain the immunity and inherent powers of the state
5. Analyze if the functions of government are carried out by the
present administration.
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Government is an agent and, within the sphere of its agency, it is a perfect representative, but outside
of that it is a lawless usurpation (Cruz, 1993 as cited by Laurence, 2006).
Government is considered as a management of state affairs where the wealth of the state is properly
distributed to the people. Government sets a provider and protector of the society such as in the case of
legal principle “sic utere tuo ut alienum non laedas” - “subordination of individual interest for the benefit of
the greatest number.” (Valenzuela, 2016).
Aristotle, student of Plato and one of the pillars of the science of politics discussed the classification of
government based on the quantitative and qualitative concepts.
Monarchy is ruled by one person but the monarch could be a tyrant. Aristocracy is ruled by a few but
oligarchy is ruled by a wealthy selfish few. In case of many, polity or the constitutional government is
good while the perverted system is the democracy or ruled by many and uneducated individuals.
(Valenzuela, 2016).
Niccolo Machiavelli, one of the greatest political thinkers during Renaissance Period. According to him,
a prince should possess characteristics in order to retain its political power in the government. He is
advocating a republican form of government wherein he set aside the value judgement (might be
descriptive or prescriptive) of the individual of the state itself. He also classified the government into two:
the republicanism and the monarchical (monarchy).
Thomas Hobbes, a British Philosopher, defended the monarchical type of government wherein the
sovereign (ruler) must act as “leviathan” so that there must be peace and comfort in the society and the
sovereign is above the social contract. The ruler cannot depose in the sense that God will punish him or
her for their tyranny.
Karl Marx, well-known German sociologist and philosopher, wrote its observations and idealized the
revolution as the overall change of the status quo on which the “state withers away” including the
government as the element of the state. He believed that government including the church and capitalists
were organized in order to oppress the people. The highest stage, which is communism will become the
improvement of human conditions and not by the government.
John Locke was a British Philosopher. One of his major works in political philosophy was the idea of
social contract. According to him that “GOD, having made man such a creature that, in His own judgment,
it was not good for him to be alone, put him under strong obligations of necessity, convenience, and
inclination, to drive him into society, as well as fitted him with understanding and language to continue
and enjoy it. He also discussed the separation of powers in the government- the executive, legislative
and judiciary, working hand in hand to promote peace and safeguard the rights of the individuals within
society. The government was made in order to protect the life, liberty and property of every individual
within the state.
A. According to the number of persons who share in exercising the sovereign powers of the State
a. Absolute Monarchy - One in which the ruler rules by Divine right. Prevailed in the ancient oriental
empires where the rulers considers themselves as the descendants of God
b. Constitutional Monarchy – One in which the authority of the ruler is limited by the Constitution.
2. Aristocracy – This is the government of the few for the benefit of the few. Or one in which political
power is exercised by a few privileged class like the intellectuals or the rich people.
a. Direct or Pure Democracy – One in which the will of the state is formulated or expressed directly
by the people in a mass meeting or assembly.
b. Indirect, Representative or Republican – One in which the will of the State is formulated and
expressed through the select body or persons or delegates chosen by the people to act as their
representatives in the government.
Advantages of Democracy
1. It is more durable and impregnable to the blandishments of rebellions and world-wide wars.
2. It is founded upon a social foundation composed of a large middle lass which is neither rich nor
poor – a body of citizens large enough to give the state a popular foundation, strong enough to hold
government responsible, and “select enough to avoid the evils of government by the masses.”
3. It allows experimentation by trial and error to attain consequently the desired results for a stable
and effective government.
Disadvantages of Democracy
1. Hereditary – Ruled by persons deriving powers from their predecessors who are related to them by
consanguinity. Emperorship or kingship is an example of this government.
2. Elective or Popular – the administrators of the government are chosen by the people through the
electoral process of a certain country.
1. Unitary or Centralized – the powers of government are concentrated in the central government
represented by the majority party in power.
Advantages of Unitary
a. It is simple in structure
b. There is no duplication of offices and services with those of the central and national government,
thus insuring greater economy in governmental expenditures.
c. There is uniformity of laws and public policy and administration of government.
d. There is no conflict of jurisdiction between the national government and its local government units.
e. It is easy to pinpoint responsibility for any misdeed or anomaly committed by government officials,
or for any inefficiency of government.
Disadvantages of Unitary
a. Over-centralized administrative control over local affairs overburdens the central government with
numerous local problems.
b. In a unitary state, the national officials are responsible for determining the policies to regulate the
conduct of local affairs.
d. Hastens the creation of a large centralized bureaucracy. There is much red tape in the solution of
people’s problem.
2. Federal – Governmental powers are distributed between the central government and the local
governments or states. Each one being supreme within its territorial boundaries but not in external
relations.
a. The government is independent in its sphere of jurisdiction within its scope of authority – the feral
government dealing with national and international matters, and the local government, with
problems that are local or regional in nature.
b. Provides uniformity when it is needed in terms of federal laws, policies and administration, and
allows wide diversity of local policies to be determined and promulgated by local officers in their
respective localities.
e. Provides great opportunities for local government to experiment on new legislative and
administrative methods of solving people’s problems.
b. There is duplication of officers and personnel, and maintaining the operation of the government
system would cause a heavy financial burden to the government.
c. Overlapping of functions may occur in many areas of government activity to the consternation of
both central and local government.
d. Whenever governmental problems arise on the boundary line of authority as prescribed by the
constitution, both federal and local governments may be hesitant to act on these problems
causing unnecessary delay in solving them.
e. Lack of uniform legislation on many matters makes the problems of administration more difficult.
1. Parliamentary System – The Chief Executive (the Prime Minister) and his cabinet is directly
responsible to the legislative branch of the government whereas, the Head of State occupies the
position of irresponsibility. The Head of State is just a ceremonial figure. The Prime Minister and his
Cabinet remain in office as long as they have the confidence and support of the parliamentary
majority. They are removable by parliament by means of parliamentary censure on the members of
the cabinet and no-confidence vote against the Prime Minister.
2. Presidential System – The Chief Executive (the President) is directly responsible to the people for he
is directly chosen by them during elections. The three branches of the government are distinct and
separate from each other. The legislature enacts the law, the executive executes the law, and the
judiciary applies or interprets the law. The president holds office for a specific period of time as fixed
by the constitution of the state. He appoints the members of his Cabinet who are his alter egos and
responsible to him only. The cabinet members serve at the pleasure and measure of the President.
The essential element of the presidential system is the separation of powers of the executive,
legislative and judicial branches which is made more effective by checks and balances of the three
branches.
1. Democracy – ruled by the people. The term came from two Greek words – “demos” and “kratos” which
mean to rule by the people. Some related terms of democracy are “republic” and representative
governance.
3. Totalitarianism – is actually ruled by a powerful dictator such as Hitler’s rule in Germany and Mussolini’s
rule in Italy during the World War II. The necessity of this government is a charismatic leader, all words
come from his mouth is the main source of law; he controls the mind and behaviour of the people.
4. Socialism – a government which is ruled by a socialist or communist party. It is more economic rather
than political. The main slogan of this government is – “from each according to his ability and to each
according to his needs” Example People’s Republic of China, North Korea and Vietnam and Cuba.
5. Communism - Actually, no government will exist in communism. As Marx says that “the State withers
away” then there is a plan to abolish the ruling classes including the government by means of a bloody
revolution.
Article XVI of the 1987 Constitution Sec. 3 states that “the State may not be sued without its consent.
Section 10 of Executive Order No. 292, Book I, Chapter 3, Section 10 Non-suitability of the
State, states that “No suit shall lie against the State except with its consent as provided by law”.
Likewise Section 11, The State’s Responsibility for Acts of Agents of the same code states that:
“(1) The State shall be legally bound and responsible only through the acts performed in accordance
with the Constitution and the laws by its duly authorized representatives.
(2) The State shall not be bound by the mistakes or errors of its officers or agents in the exercise of
their functions.”
The classic justification for the non-suitability of the State is that provided by Mr. Justice Oliver Weldell
Holmes: “There can be no legal right against the authority which makes the law on which the right depends”
The fundamental powers of the state are: 1) the police power, 2) the power of eminent domain, and
3) the power of taxation. It is said that these powers are inherent because they need to expressly
conferred by constitutional provisions as they are supposed to co-exist with the State. The moment the
State comes into being it deemed invested these powers as its innate attributes.
1. They are inherent in the State and may be exercised by it without need of express constitutional grant.
2. They are not only necessary but also indispensable. The State cannot continue or be effective unless it
is able to exercise them.
3. They are methods by which the state interferes with private rights.
4. They all presuppose an equivalent compensation for the private rights interfered with.
Despite being inherent and indispensable, the inherent powers of the state are not without restrictions. It is
common knowledge that ours is a government of limited powers and that these prerogatives may not be
exercised to trample upon the rights guaranteed under the Bill of Rights. The exercise of these fundamental
powers is subject at all times to the limitations and requirements of the Constitution and may in proper cases
be annulled by the courts of justice.
1. POLICE POWER – is the power of the state to enact and enforce laws and to regular property and liberty
in the promotion of the general welfare of the people. It is the power to regulate the behavior or conduct
of its citizen in the interest of the common good within the limits of the state’s laws. This power of the
state is not only confined to its citizens but also to the foreigners temporarily staying within the state.
a. The police power is considered the most pervasive, the least limitable, and the most demanding of
the three powers.
The justification is found in the ancient Latin maxims, Salus populi est suprema lex. (The welfare of
the people is the supreme law. And Sic utere tuo ut alienum non laedas (To use your property so as
not to injure others) which call for the subordination of individual benefit to interests of the greater
number. It has even been held that the police power may not be bargain away through the medium
of a contract or even a treaty. The provision in Article III of the Philippine Constitution, which protects
and guarantees the non-impairment of obligations and contract deals with a subject affecting the
public welfare.
Being dynamic, police power can be exercised again and again, as often as it is necessary for the
protection or the promotion of the public welfare. Conditions change, circumstances vary; and to
every such alternation the police power must conform. Police power continues to change even as
constraints on liberty diminish and private property becomes more and more affected with public
interest and therefore subject to regulation.
c. Police power may sometimes use taxing power as an implementation for the attainment of a
legitimate police objective. As a rule, police power is vested in the national legislature. Pursuant
however to a validity delegated legislative authority, the President and Administrative bodies, as well
as law making bodies of local government units, may exercise the same local government units
exercise the power under the general welfare clauses. No mandamus is available to coerce the
exercise of the police power. The only remedy against legislative inaction is a resort to the bar of
public opinion, a refusal of the electorate to return to the legislature members who, in their view, have
been remiss in the discharge of their duties.
a. On Public morals – those punishing public scandal, vagrancy and prostitution; prohibiting illegal
gambling, etc.
b. General Welfare and convenience – Those penalizing the turning loose of large cattle or permitting
them to run loose in streets and plazas of municipalities; regulating prices of commodities;
regulating distances between gasoline stations etc.
c. Public safety – those requiring a license to drive motor vehicles; authorizing the demolition of
buildings or improvements which constitute a fire hazard.
d. Public health – Those providing paternity and maternity leave for working men and women
respectively; those regulating the medical profession, etc.
This power enables the state to take private property for public use upon payment of just
compensation. In the implementation of the programs of the government, such as infrastructure
projects, the private properties that are affected or included in the project will be taken are paid by the
government based on the existing market value. The power of eminent domain, otherwise known as
the power of expropriation, “is the highest and most exact idea of property remaining in the
government” that they may be acquired for some public purpose through a method “in the nature of
compulsory sale to the state”. It is the right or power of the State or those to whom the power has been
lawfully delegate to take private property for public use upon payment of just compensation.
Just like the police power, the power of eminent domain is primarily lodged in the law-making body, but
may be validly delegated to other government entities and to private corporation like the so called quasi-
republic corporation, serving essential public needs or operating public utilities. Under the law, the
following may exercise the power of expropriation: (1) the Congress; (2) the President; (3) the local
legislative bodies; (4) certain public corporations, like the Land Registration, Authority and the MWSS;
(5) Quasi-public corporations like the PNR, PLDT and the MERALCO.
Requisite in taking the Property
a. Necessity – When the power is exercised by legislature, the question of necessity is generally a
political question, but when exercised by a delegate, the determination of whether there is genuine
necessity for the exercise is a justifiable question.
c. Just Compensation – described as a full and fair equivalent of property taken from the private owner
by the expropriator. The compensation to be just must be fair not only to the owner but also to the
expropriator. The court is invested with the power to ascertain just to compensation by determining
first the actual or basic value of the property. The basic or market value of the property subject of
expropriation is the price that may be agreed upon the parties willing but not compelled to enter into
a contract of sale.
Factors to be considered in arriving at the fair market value of the property are the following:
3. POWER OF TAXATION – is the power of the state to impose and collect revenues for the operation of
the government. The money generated from the people in the form of different taxes shall be used in the
operations of government, for infrastructure programs and other expenditures of the state. Generally, the
revenues collected shall go back to the people in the form of services.
The importance of taxation derives from the unavoidable obligation of the government to protect the
people and extend them benefits in the form of public projects and services. In return, people are
subjected to the reciprocal duty of sharing the expenses in the form of taxes.
1. The power of taxation is inherent in sovereignty being indispensable in the existence of the
government. It is inherent because it exists without the necessity of any specific grant of the power
by the Constitution. Just like the police power and the power of eminent domain, it exists
independently of the Constitution.
2. It is essentially a legislative function. Even in the absence of any Constitutional grant, the power falls
to the legislative branch as part of the more general power of law making.
1. Territory – which requires that the person or property taxed must be subjected to the jurisdiction of
the taxing State.
2. International comity – under which the property of a foreign state may not be taxed by another.
3. Exemptions of governmental agencies performing governmental function.
4. Prohibition against the delegation of legislative power under the principle of protestas delegata non
delegare protest; and,
Scope of Taxation
The power of taxation is regarded as supreme, unlimited and comprehensive. It is so pervasive that it
reaches even the citizen abroad and his income earned from source outside.
Taxes are enforced proportional contributions from persons and property levied by the State by virtue of
its sovereignty, for the support of the government and for all public needs.
1. It is an enforced proportional contribution because its imposition is not based upon the will of the
person taxed;
2. Equality or theoretical justice means that the tax burden should be proportionate to the tax payer’s
ability to pay. (This is so-called ability to pay principle); and
3. Administrative feasibility, which means that the tax laws should be capable of convenient, just and
effective administration.
A. Constituent functions
1. The keeping of order and providing for the protection of persons and property from violence and
robbery.
2. The fixing of the legal relations between husband and wife and between parents and children.
3. The regulation of the holding, transmissions and interchange of property, and the determination of
its liabilities for debt or for crime.
B. Ministrant Functions
One of the important tasks of the government is to act for the state as parens patriae, or guardian of
the rights of the people.
References:
https://keydifferences.com/difference-between-power-and-authority.html