Philippine government with 1987 constitution

Philippine Government with 1987 Constitution

LET REVIEW 2014

THE CONCEPT OF STATE

WHAT IS A STATE?

A community of persons more or less numerous, permanently occupying a definite, portion of territory, independent of external control, and possessing an organized government to which the great body of its inhabitants render habitual obedience. (De Leon, 2000)

STATE VS. NATION

• Nation is an ethnic concept while a state is a legal concept.

• Nation came from the Latin word “nasci” meaning to be born, indicates a relation of birth or origin and implies a common race, usually characterized by community of language and customs.

ELEMENTS OF STATE

STATE

PEOPLE

TERRITORY

SOVEREIGNTY

GOVERNMENT

ELEMENTS OF STATE

• PEOPLE - refers to the number of people living within a state. The most essential and indispensable element of the state.

ELEMENTS OF STATE

• TERRITORY – where the people of a state live; this refers to the aerial, terrestrial, fluvial, and maritime domains of the state.

MODES OF ACQUIRING TERRITORY

• Discovery – the oldest mode of acquiring territory.• Prescription – the continued and uninterrupted occupation

of territory for a long period of time by one State.• Conquest – the acquisition of a territory by the use of

force, which reduces the vanquished territory into submission to the conquering State.

• Cession – a bilateral agreement whereby one state transfer over another State a definite portion of its territory.

• Accretion – acquisition of territory through artificial or natural way.

ELEMENTS OF STATE

• GOVERNMENT – refers to the aggregates of persons or institutions, which rule the society.

ELEMENTS OF STATE

• SOVEREIGNTY – the power of the state to command and enforce obedience of its will from the people.

ASPECTS OF SOVEREIGNTY

1. Internal sovereignty the absolute

power of the state to rule its people

2. External sovereignty the freedom or

independence of the state from foreign or external control.

MANIFESTATION OF SOVEREIGNTY

• Legal sovereignty – power of the state to make and implement laws within its jurisdiction.• Political sovereignty – authority of

the people (electorate) to choose who will be the leaders or officials of the state.

CHARACTERISTICS OF SOVEREIGNTY

Permanence or perpetuity Exclusiveness Comprehensive

ness

AbsolutenessIndivisibility

INHERENT POWERS OF STATE

Police Power

State Power!!!

Power of Eminent Domain

Power of Taxation

POLICE POWER

• The power of the state to enact and enforce laws and to regulate 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.

POWER OF EMINENT DOMAIN

• Enables the state to take private property for public use upon payment of just compensation.

• 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; (5) Quasi-public corporations.

REQUISITES OF TAKING PROPERTY

1. Necessity – when the power is exercised by legislature.

2. Private Property – anything that can come under the domination of man or can be the subject of contract is subject to expropriation.

3. Just Compensation – described as a full and fair equivalent of property taken from the private owner by the expropriator.

POWER OF TAXATION• The power of the state to impose and collect revenues for the

operation of the government.• The purpose of taxation is to raise revenues of funds to support the

government and its service.• 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.

• The power of taxation proceeds from the theory that without funds, the government cannot meet the various essential expenses it has incurred to enable it to exist and function effectively.

• The power of taxation is regarded as supreme, unlimited and comprehensive.

BASIC PRINCIPLES OF A SOUND TAX SYSTEM

1. Fiscal Adequacy – the sources of revenue should be efficient to meet the demands of public expenditures.

2. Equality or theoretical justice – the tax burden should be proportionate to the tax payer’s ability to pay.

3. Administrative feasibility – the tax laws should be capable of convenient, just and effective administration.

PHILIPPINE TAXATION SYSTEM

• Taxation in the Philippines is controlled by the Bureau of Internal Revenue (BIR). • Taxes in the Philippines range from

5% to 35%.

CLASSES OF TAXES

• Subject• Purpose• Authority imposing the tax• Determination of amount• Who bears the burden• Graduation rate

ACCORDING TO SUBJECT

• Personal Tax – imposed on individuals residing within a specified territory, regardless of property or occupation.

• Property Tax – levied on the property.• Excise Tax – laid upon goods consumed, sold,

or manufactured within the nation.

ACCORDING TO PURPOSE

• Revenue Tax – imposed to collect revenues for the general purposes of the government. Ex. Income tax and sales tax

• Regulatory Tax – imposed for a special purpose like the protection of local industries from foreign competition.

ACCORDING TO AUTHORITY IMPOSING TAX

• National Tax – imposed by the national governments.• Local Tax – imposed by the

municipal, provincial, or barangay government.

ACCORDING TO DETERMINATION OF AMOUNT

• Specific Tax – assessed on the basis of tax per unit.• Ad Valorem – assessment is based

on a percentage of the value of the item.

ACCORDING TO WHO BEARS THE BURDEN

• Direct Tax – when the person on whom the tax is imposed absorbs the burden.• Indirect Tax – the amount is paid by

the person other than the one on whom it is legally imposed.

ACCORDING TO GRADUATION OF RATE

• Proportional Tax – based on a fixed percentage of the amount of property, income or other factors.

• Progressive Tax – the rate increases as the tax base increases.

• Regressive Tax – the effective rate decreases as the tax base increases.

EXCEPTIONS FOR TAX

• P25,000-26,500 for individuals• P30,000 for married couples• Exceptions for Small and Medium Enterprises

with income of less than P100,000

SIMILARITIES OF THE 3 INHERENT POWERS

• They are inherent in the state and may be exercised by it without the need to express constitutional grant.

• They are not only necessary but also indispensable. The state cannot continue or be effective unless it is able to exercise them.

• They are methods by which the state interferes with private rights.

• They all presuppose an equivalent compensation for the private rights interfered with.

• They are exercised primarily by the legislative.

GOVERNMENTThe word government derived from the Latin word “gubernaculums” meaning a

rudder and “gubernare” meaning to steer, direct or control.

Functions of Government

Constituent function

Ministrant functions

FUNCTIONS OF GOVERNMENT

• Constituent function – those which constitute the bond of society, and are therefore, compulsory in nature.

• Ministrant functions – those under taken by way of advancing the general interest of society, and are therefore optional, such as public works, public education, etc.

Forms of GovernmentMONARCHY

ARISTOCRACY

DEMOCRACY

MONARCHY

Absolute monarchy – the ruler rules by divine right.

Limited or Constitutional monarchy – the rules in accordance with the limits set by the constitution.

ARISTOCRACY

• the supreme power is vested upon a few privileged classes whose right arises from the fact of their birth, wealth or wisdom. It is known as Oligarchy.

DEMOCRACY

DIRECT DEMOCRACY REPRESENTATIVE DEMOCRACY

OTHER FORMS OF GOVERNMENT

1. Manner of instituting officials and nature of official tenurea) Elective – the representatives are chosen by the popular will

of the people.b) Hereditary – the transfer of honor and political title is through

inheritance.2. Concentration or distribution of governmental powers.

a) Unitary – the powers of the government is concentrated in one supreme organ from which all governing authorities derive their power and existence.

b) Federal – the governmental powers are distributed between the central and local government each being supreme within its own sphere.

OTHER FORMS OF GOVERNMENT3. Relationship of the Executive and Legislative branches of government.

a) Presidential – the chief executive is the real executive and constitutionally independent of the legislative; there is no nominal head and there is strict separation of powers.

b) Parliamentary – the real executive, the cabinet is legally responsible to the legislature or one branch of it, while the titular or nominal head occupies a position of irresponsibility.

4. Legality or constitutionallya) De Jure government – the government of right. It is a government

established according to the constitution of a given state but which actually cut off from power or control. It is the true, legitimate, rightful and lawful government.

b) De Facto government – government which unlawfully gets the possession and control of the rightful and legal government and maintain itself there, by force, and arms against the will of rightful legal government and claim to exercise the power thereof. It is the government of fact.

The Historical Development of Philippine Government

Pre-Spanish Government – Present

PRE-SPANISH GOVERNMENT

• Composed of villages called “barangay” consisting of more or less 100 families.

• Each barangay was a state for it possessed the fourth basic elements of the state.

• Each barangay was ruled by a Datu.• The government in a barangay is monarchial in

nature with the datu as the monarch.

SOCIAL CLASSES IN PRE-SPANISH SOCIETY

Datu

Maharlika

Timawa Aliping Namamahay

Aliping Sagigilid

SPANISH GOVERNMENT• Spain’s title to the Philippines was based on the discovery of the

Philippines by Ferdinand Magellan in March 1521 and consummated by the conquest of Miguel Lopez de Legaspi 45 years later.

• The Philippines was governed by the King of Spain through Mexico from 1565-1821.

• The Spanish government was centralized in structure and national in scope.

• The powers of the government was exercised by the Governor-General and ably assisted by the Board of Authorities and the Council of Administration.

• To strengthen the judicial system, Spain established the Royal Audiencia in 1583 in Cebu and in Vigan, which exercised appellate jurisdiction over criminal cases from the surrounding areas.

SPANISH GOVERNMENT

FERDINAND MAGELLAN

King Philip II Diego delos Rios

THE REVOLUTIONARY GOVERNMENT

• Katipunan – a secret society that precipitated the Philippine revolution against Spain in August 26, 1896. The katipunan was organized by Andres Bonifacio.

• The Biak-na-Bato Republic – on November 1, 1897, a republic was established by Gen. Aguinaldo in Biak-na-Bato, Bulacan. The republic declared the separation of the Philippines from Spain.


• The Dictatorial Government – following the outbreak of the Spanish-American War on April 25, 1989, Gen. Aguinaldo established the dictatorial government on May 24, 1898. The most important achievements of the government were the proclamation of Philippine Independence and the reorganization of the local government.

• The First Philippine Republic – on September 15, 1898, a revolutionary congress of Filipino representatives met in Malolos, Bulacan and framed the so-called Malolos Constitution. The constitution established a free and independent Philippine republic which was inaugurated on January 23, 1899 with Gen. Aguinaldo as President.


AMERICAN GOVERNMENT• The Military Government – the military rule in

the Philippines started on April 14, 1898, the day after the capture of Manila.

• The Civil Government – the Spooner Amendment ended the military regime in the Philippine. On July 4, 1901 a civil government was inaugurated headed by a Civil Governor.

AMERICAN GOVERNMENT

• The Commonwealth Government – the next stage in the political development of the Filipinos was the establishment of the Commonwealth government of the Philippines pursuant to an act of the United States Congress on March 24, 1934, commonly known as the Tydings-McDuffie Law. The law provided for a transition period of 10 years during which the Philippine Commonwealth would operate until July 4, 1946, wherein the independence of the Philippines would be proclaimed and established.

AMERICAN GOVERNMENT

Wesley Merritt William Taft

William McKinley Frank MurphyManuel Quezon

Japanese Government• The Japanese military administrator was established in

manila on January 3, 1942, one day after its occupation.

• A civil government known as the Philippine Executive Commission was established with Jose B. Vargas as its chairman.

• On October 14, 1943, the so called Japanese sponsored Republic of the Philippines was inaugurated with Jose P. laurel as President. On August 17, 1945, President laurel dissolved the Republic.

JAPANESE GOVERNMENT

GEN. ARTHUR MCARTHUR PRES. JOSE P. LAUREL

LT. GEN. TOMOYUKI YAMASHITA KAMIKAZE PLANE

THE THIRD PHILIPPINE REPUBLIC

• When the Philippines was finally liberated from the hands of the Japanese, the 3rd Republic was inaugurated on July 4, 1946 with Manuel Roxas as President and Elpidio Quirino as Vice President.

• Roxas died on April 1, 1948, paving the way for the Quirino presidency with lasted until 1953.

• Quirino was followed by Ramon Magsyasay, who was not able to finish his term when he died in a plane crash on March 17, 1957.

• Carlos P. Garcia succeeded Magsaysay.• Garcia was followed by Diosdado Macapagal who served the

country for only one term.• Macapagal was defeated by Ferdinand Marcos in the

presidential election of 1965.

THIRD PHILIPPINE REPUBLIC PRESIDENTS

Manuel Roxas Elpidio Quirino Ramon Magsaysay

Carlos P. Garcia Diosdado Macapagal Ferdinand Marcos

THE 4TH REPUBLIC

• The Marcos Years. Marcos took his oath of office on December 30, 1965. He was reelected in 1969, due to his outstanding performance as chief executive. However, before the end of his second term (1969-1973), Marcos made serious efforts to amend the 1935 Constitution which was in effect at that time. Marcos issued proclamation no. 1081 which placed the entire archipelago under martial Law. He virtually controlled all the aspects of Philippine politics through Presidential Decrees and through the Batasang Pambansa.

THE FIFTH REPUBLIC

• The Aquino presidency– On October 7, 1986, Marcos called for a snap presidential

election, which marked by rampant cheating. This event led to the so-called EDSA People Power Revolution from February 22-25, 1986, that paved the way for the downfall of the 20 years of Marcos presidency. On February 2, 1987, the Filipino people voted to ratify the Charter, thereby legalizing the restoration of democratic government and institutions in the country. On May 11, 1992 the first post-Marcos presidential election was held and Fidel Ramos, the former Chief of Staff of the AFP was elected.

• Fidel Ramos Presidency. He used his knowledge of the Philippine military to reestablish a tradition of civilian control over the armed forces. Ramos pursued an ambitious economic reform program based on privatization and deregulation.

• Joseph E. Estrada Presidency. In 1998 elections, Estrada won the presidential election. The major focus of the Estrada administration was food security, which involved agricultural modernization and major infrastructure development projects.

• The Arroyo Administration. After Estrada’s resignation, Macapagal-Arrayo was immediately sworn in as president.

• On 2010 election, the son of former president Corazon Aquino, Benigno Aquino III won the presidential election.

FIFTH REPUBLIC PRESIDENTS

CORAZON C. AQUINO FIDEL V. RAMOS JOSEPH ESTRADA

GLORIA ARROYO NOYNOY C. AQUINO

THE CONSTITUTION

WHAT IS CONSTITUTION?• A body of rules and principles in accordance with which the powers

of sovereignty are regularly exercised. • It is an embodiment of norms that regulate the relations of the

government to its people.• The foundation of the system of the government of the Philippines

is the constitution.• It plays a very important role in the life of the Filipino nation and its

polity. • It serves as the foundation of the government and the defining

structure of the government and demonstrating certain principles on which the government is and should be founded, it tells the relationship between the state and its organs and the citizens, their rights and obligations.

PURPOSES OF THE CONSTITUTION

1. To define the organization of government.2. To determine distribution of government

powers.3. To establish principles governing the

operation of government.4. To define the rights of individual citizens.5. To hold the state together.

CLASSIFICATIONS OF THE CONSTITUTION

1. As to their origin and history.a. Conventional or enacted – enacted by a

constituent assembly or granted by a monarch to his subjects like the Constitution of Japan in 1889.

b. Cumulative or evolved – product of the development originating in customs, traditions and judicial decisions, rather than form a deliberate and formal enactment.


2. As to their form.a. Written – has been given definite form at a

particular time, usually by a specially constituted authority called a “Constitutional Convention.”

b. Unwritten – entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing dates.


3. As to manner of amending them.a. Rigid or inelastic – regarded as a document of

special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process.

b. Flexible or elastic – possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws.

HOW THE CONSTITUTION CAN BE AMENDED?

Constituent Body

Constitutional Convention

People’s Initiative


1. Constituent Body – the congress upon a vote of three-fourths of all its members, voting separately may propose amendments to or revise the constitution.

2. Constitutional Convention – a body formed for the purpose of crafting an entirely new constitution revising an existing one, or devising amendments to it. Congress may call a constitutional convention by two-thirds vote of all its members who may submit the question of calling a constitutional convention to the electorate in an election.


3. People’s Initiative – amendments to the constitution can be introduced directly by the people through a system of initiative. Under this system, it is necessary that there is a petition of at least 12% of the total number of registered voters in the whole country. Every legislative or representative district must be represented by at least 3% of the registered voters therein.

AGRARIAN REFORM IN THE PHILIPPINES

THE COMPREHENSIVE AGRARIAN REFORM PROGRAM

• Embodied in the Comprehensive Agrarian Reform Law (R.A. No. 6657)

• An act of constituting a comprehensive agrarian reform program to promote social justice and industrialization, providing the mechanisms for its implementation and for other purposes.

• Acquisition and distribution of all agricultural lands through a 10-year program from the affectivity of the law.

IMPLEMENTED IN THREE PHASES

• Phase I (1988 – 1992)– Rice and corn lands covered by P.D No. 27– All idle or abondoned lands– All Private lands voluntarily offered by owners for

agrarian reform.• Phase II (1988 – 1992)– All alienable and disposable public agricultural

lands– All arable public agricultural lands

– All pulic lands which are to be opened for new development and resettlement

– All private agricultural lands in exces of fifty hectares.

• Phase III– Landholding above twenty four hectares up to 50

hectares (1992 – 1995)– Landholdings with areas between 5.1 and 24

hectares (1994 -1998)

Education

Philippine government with 1987 constitution