Politics

Politics from the historical point of view came from the Greek word, "polis" or city-
state. Aristotle mentioned in his famous book "The Politics" that every polis or city-state
is a kind of association and that "man by nature is a political animal". From this view, it
can be deduced that "the essence of social existencw is politics and that two or more
men interacting with one another are invariably involved in a political relationship.

This relationship may be characterized by "rule", "authority", or "power". The first

page of Aristotle's book "The Politics" made references to certain kinds of authority: the
authority of the statemans as distiguished from the authority of the head of a family or
of the master over his slave. Indeed, when men live together in associations, they create
rules, authorities or governments to deal with conflicts and the very attempts to rule
also help generates conflicts. (F. Ayson, D. Reyes; Fundamentals of Political Science, 2000
Second Edition)

The science of politics, therefore, has, as its formal object, a basic knowledge and
understanding of the state and of the principles and ideals which underlie its
organization and activities. It is primarily concerned with the association of human
beings into a “body politic”, or a political community (one organized under government
and law). As such, it deals with those relations among men and groups which are subject
to control by the state, with the relations of men and groups to the state itself, and with
the relations of the state to other states. (H. de Leon: Philippine Constitution)

Political Science

Political science is defined by old political scientist as the study of the state in all it's
elements, aspects and relationships. Such elements and aspects include its government
and its organs and institutions through which the state functions. It also includes certain
aspects of human behavior, how governments and people actually conduct themselves
in a political society.
 Modern political scientist define political science goes more far beyond the traditional
connotation. Political science is the systematic study of politics which includes the states,
its organs and istitutions or policies and as well as political attitudes of people and their
leaders, controversial issues and other aspects concerning the states. (F. Ayson, D. Reyes;
Fundamentals of Political Science, 2000 Second Edition)

Government

Government is the essential instrument or machinery of the state that carries out its
will, purposes and objectives. Through the goverment the state maintains its existence
and carries on its functions. Government is an institution by which society's needs for
social services are satisfied and by which men's conflicting interests are reconciled.

Government is a distinct branch of study, dealing with the government set-up of a

state on both national and local levels. (F. Ayson, D. Reyes; Fundamentals of Political
Science, 2000 Second Edition)

Governance

Governance has been defined as the traditions and institutions that determine how
authority is excercised in a particular country. This includes (1) the process by which
governments are selected, held accountable, monitored and replaced; (2) the capacity of
governments to manage resources efficiently and formulate, implement and enforce
sound policies and regulations; and (3) the respect of citizens and the state for the
institutions that govern economic and social interactions among them. (Kaufmann,
2000)

It is the process of decision-making and the process by which decisions are

implemented or not implemented. It may be used in several contexts such as corporate
governance, international governance, national governance and local governance.
(UNESCAP)
 It is also the exercise of economic, political, social and administrative authority to
manage country's affair at all levels. It compromises the mechanisms, processes and
institutions, through which citizens and groups articulate interests, exercise their legal
rights, meet their obligations and mediate their differences. (UNDP) (Corpuz; Politics and
Governance)

Citizen

A citizen, according to Aristotle, is one who share in the government of the state and
is entitled to enjoy its honors. A modern definition of a citizen is one who enjoys a
special legal status, which may be acquired at or after birth, including all the obligations
and benefits in relation to a sovereign state. (Zaide, 1992: Political Science)

Citizenship

In Aristotle's view, citizenship was a membership of an individual in the assembly and

was eligible for jury duty, a definition based on Athenian practice.

Today, citizenship is defined as membership of an individual in a political community

enjoying political and civil rights. The individual who enjoys this right is called a citizen
of the state.

In the Philippines, to be a Filipino citizen, a person must belong to any of the classes
of citizens as enumerated below:

 Those who are citizens of the Philippines at the time of the 1987 Constitution;
 Those whose fathers or mothers are citizens of the Philippines;
 Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizeship upon reaching the age of majority; and
 Those who are naturalized in accordance with the law.

(F. Ayson and D. Reyes, 2000: Fundamentals of Political Science, Second Edition)

States
 A state is an organization, composed of numerous agencies led and coordinated by
the state's leadership (executive authority) that has the ability or authority to make and
implement the binding rules for all the people as well as the parameters of rule making
for other social organizations in a given territory, using force if necessary. A state, though
often thought of as synonymous with government, is actually broader because it
involves machineries, agencies, jurisdictions, power and rights and that is a network of
systematic relationships. (Morada: Philippine Politics and Governance)

Nation

A nation refers to a large group whose members believe they belong together on the
basis of a shared identity as a people. This shared identity allows them to imagine
themselves as belonging to a national community. According to Anderson, a nation is an
"imagined" community. It is imagined because members of a nation, even the smallest
one, would never be able to actually meet every other member; yet as long as they
believe they are part of their nation, they would continue to "imagine" themselves as
socially and politically belonging together. (Morada: Philippine Politics and Governance)

Country

Bases of the State

The Physical Bases of the State

The territory of a state—a state to be such must have territory. There can
be no such thing as a wandering state. The territory of the state consists
of;
 Of all land and water within its external boundaries, including all lakes
and rivers that are entirely within its land boundaries, and when these
lakes and rivers are in the boundaries, the portion up to the mid-
channel
 Of the sea within a three- mile limit it shores
 Of narrow bays and estuaries that indent its coast, and narrow straits
both of whose shores are in its territory and
 Of islets fringing its coast
And to enable to meet the needs of international life. As a matter of fact, the
extent of state of territory today ranges all the away from the few hundreds
square miles of United States, China, British and the Russian Empire.

The People of a State—a state must have a group of people consisting

its membership. While there is no rule or political practice governing the
number of person which a community must have in order to be entitled for
recognition, the requirements of international life demand that their be
sufficient of them to make it live and to enable to fulfill its international
obligations.

The increase or decrease of its population like the territory it does not affect its
existence as an international personality. Of course, if depopulation is to reduce
the number of its people to one, making it possible for its government to continue
operating and to keep up the with its international duties and obligation, the state
will cease to exist.

The Theoretical Bases of the State

The Divine- right theory— the divine- right theory is the oldest according
to the adherents of which God vested political power in certain persons or
groups, who thus became his vice- regents on earth. This doctrine was
widely held in the Middle Age. And in the sixteenth and seventeenth
centuries, the divine- right theory was capitalized by monarchical
governments, notably of the Stuart kings in England and Bourbon rulers of
France, to bolster up their claim of independence from the people against
the growing ideas of popular sovereignty.
The Contact Theory—is a favourite political doctrine of seventeenth
century, assume that there was a time when men lived in a “state of
nature” without any political organization whatsoever, where the only laws
governing their actions where those distracted by the instinct of reason or
by the nature itself. This theory views the institution of political authority as
a result of the contract or covenant among the members of the community.
Presented by its exponent among whom were Locke, Hobbes, Rousseau,
the compact theory resolves itself into two parts; the social of government
compact.
The Instinctive Theory—the proponents of instinctive theory holds that
the political institutions are but the objective expressions of the instinct of
men for association. The state, according to them, was not brought about
by force, nor ordained by God to be erected. Neither was it the result of a
voluntary agreement, but it was the institutionalized expression of the
human instinct for political association, which is inherent in man.
The patriarchal and the matriarchal theories- A third theory is that
accounts for the state as an expansion of the family. According to this
view, the original family expanded through the marriage of the children,
thereby forming new families, but the authority of the father of the first
family, the patriarch, continued to prevail.
The necessity and force theories- By other thinkers, the state is looked
upon as the necessary result of man’s desire for Self- protection. Before
the institution of the state, they emerged among men leaders who held by
virtue of their persuasion or prowess, command over other. The weak
were drawn under the protection of the stronger ones, and in the group
warfare’s that ensued in a struggle of leadership, there emerged a
chieftain who later became King. The leader thus became a chieftain, and
a chieftain, a king, all through the use of threat or compulsion.
The Historical or Evolution Theory- Burgess, a well known authority on
political science, states the theory thus; “The proposition that the state is
the product of History means that this is gradual and continuous
development of human society, out of a grossly imperfect beginning,
through crude but improving forms of manifestation, towards a perfect and
universal organization of mankind.
The Economic Theory- According to the advocates of the economic
theory, the state was erected primarily to take care of man’s multifarious
need. Men found themselves unable when alone to provide all of their
needs, to be absolutely independent of one another. So the State was
created.
The Historical Bases of the State

The Primitive State- the state were first found in the great river of Biles.
Then people of continental Europe were still on the tribal stage of the
development of the state, the people of the orient have already developed
a more or less advance state of civilization with political institution. The
Orientals have already invented the alphabet, a great factor in social
communication; has already learned the use of metals; and has already
developed the art of commerce. A corresponding advance has likewise
been made in political organization
The City- State- while the City State found the home in Asia, the City
State made its appearance in the Italian peninsulas. The Greek leave their
homes along the Eastern part of Caspian Sea to migrate to the island of
Agean Sea. In the course of time, there developed among the people, the
practice of calling the council of old men and also of an assembly to
discuss the advisability of waging war. The Greek City of State was
primarily independent units, each having full power to determine its
external relations. Because of the jealousies obtaining among them, the
Greek City State were never able to coalesce into one single state, the
best political organization attained being temporary federations attained
being temporary federations
Roman Imperial State- what was originally a city state developed, with
more military conquest with their consequent annexation of territories, into
the Roman Imperial State, embracing a vast expense of territory in
habituated of million people. The magnitude of the empire demanded
unity, organization and law in order to weld together all the component
unit, and imperial rather than local unity of the people was one of the
objectives. Consequently, the imperial rulers evolved a system of colonial
organization which for a time held together the lands under their sway, a
system of law of different people. With the rise into the power of the
church, the system of worldwide organization of the imperial state was
adopted for a patter. We find in many of our municipal governments and in
 the system of colonial administration of many powers today, governmental
powers today, governmental methods patterned after Roman Imperial
system.
The Feudal Stage- the disintegration of the Roman Imperial State was
brought about by causes of its own making. As the Empire expanded, the
frontiers became more extensive and consequently more difficult to
defend; the rulers incorporated into the army new people, making it less
unified, they suppressed democracy and liberty for the sake of unity and
centralized administration and sovereign organization, thereby creating
discontent among the people and consequently breaking their morale.
The Modern State- the modern state evolved out of the conflict of
territorial sovereign for supremacy. The modern state is built on the
concept on the nationalism which that every state, be it large or small, rich
or small is equally sovereign. The modern states have gradually
developed certain rules and regulations to govern their relation to one
another, defining their rights and their obligation in time of peace as well
as in time of war.
The World State- the development of the career of modern state has
been influenced very largely by dictates of self- interest. In their mad
scramble for a position of supremacy in International relations, nation have
not hesitated to sacrifice their lives of their people, their time, and their
energies. The horrible aspects of these national rivalries have led me to
turn ideal of an national or world state under which differences will be
settled by peaceful rather that by warlike methods. The aim has been
abolish to or reduce to a minimum at least the resource to war in the
settlement of national questions. (Aruego; Principles of Political Science)

Elements of the State

The modern state has four (4) essential elements. They are:

People
This refers to the inhabitants living within the state. Without people there can be no
functionaries to govern and no subjects to be governed. There is no requirement as to
the number of people that should compose a state. Ideally, it should be neither too
small nor too large: small enough to be well-governed and large enough to be self-
sufficing.

Reputedly the smallest state in point of population is the Vatican. Its estimated 900
citizens, mainly clerics and some Swiss guards, are ruled by Pope. The island Republic of
Nauru has a total population of only about 9,000. China is the largest in point of
population placed at 1,314,480,000 at the end of 2006 according to China’s National
Bureau of Statistics.

The Philippines is estimated to have a population of about 88,574,614 as of August 1,

2007, composed mostly of Malays and Chinese;

Territory
It includes not only the fixed portion of land over which the jurisdiction of the state
extends (territorial domain), but also the rivers and lakes therein, a certain area of the
sea which abuts upon its coasts (fluvial and maritime domain), and the air space above
the land and the waters. (Aerial domain). Thus the domain of the state may be
described as terrestrial, fluvial, maritime, and aerial.
The smallest state in point of territory is Vatican, located just outside the western
boundary of Rome with an area of only 0.17 square mile or 0.44 square kilometer. It
would fit in Rizal Park in Manila. It is the smallest independent nation in the world. The
Republic of Nauru has an area of about 8 square miles or 21 square kilometers. The
former Soviet Union was the largest state in point or territory with its total land area of
about 8,599,610 square miles or 22,273,674 square kilometers. Canada has an area of
about 3,849,674 square miles or about 9,970,610 square kilometers which covers a
surface nearly as large as Europe.
The Philippines has a total land area of about 115,813 square miles or about 299,955
square kilometers;
Government
It refers to the agency through which the will of the state is formulated, expressed and
carried out. The word is sometimes used to refer to the person or aggregate of those
persons in whose hands are placed for the time being the function of political control.
This “body of men” is usually spoken of as “administration”. The ordinary citizens of a
country are a part of the state., but are not part of the government.
Sovereignity
The term may be defined as the supreme power of the state to command and enforce
obedience to its will from people within its jurisdiction and corollarily, to have freedom
from foreign control. It has, therefore, two manifestations:
 Internal or the power of the state to rule within its territory; and
 External or the freedom of the state to carry out its activities without

subjection to or control by other states. External sovereignty is often referred

to as independence.

These internal and external aspects of sovereignty are not absolutely true in practice
because of the development of international relations and consequently, of international
law. (H. de Leon: Philippine Constitution)

Related Branches of Political Science

History

The bond between the political scientist and the historian is obvious in the observation
that “history is past politics and politics present history”. The political scientist frequently
adopts a “historical approach” and employs the knowledge of the past when he seeks to
interpret present and probable developments in political phenomena.
Economics
Until late in the 19th century, political science and economics (the study of the
production, distribution, and conservation, and consumption of wealth) were coupled
inter the name “political economy”. Today, these fields are jointly concerned with the
fact that economic conditions affect the organization, development, and activities of
states, which in turn modify or even prescribe economic conditions. The political
scientist regularly adopts an “economic approach” when seeking to interpret such
matters as “public financial policies” and government regulation of business.
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 one approach which a political scientist frequently must adopt
to help explain such phenomena as the early growth of democracy in Great Britain and
the United States and its retarded growth in certain Continental Europe, and the rise of
authoritarian governments in developing countries.
Sociology and Anthropology
The political scientist, the sociologist (who specializes in the study of “society as a
whole”), and the anthropologist (who studies “mankind” in relation to physical, social,
and cultural development) are all deeply concerned with the origins and nature of social
control and governmental authority, with the abiding influences of race and culture
upon society, and with the patterns of collective human behavior.
Psychology
The political scientist as well as the psychologist promotes studies of the mental and
emotional processes motivating the political behavior of individuals and groups. One of
the many topics which the political scientist handles from a “psychological approach” is
that of public opinion, pressure groups, and propaganda.
Philosophy
The concepts and doctrines of Plato, Aristotle and Locke (and other universal thinkers
about the state) are important to the specialist in academic philosophy and also to the
political scientist. These concepts are the underlying forces in the framing of
constitutions and laws. The political scientist considers the branch of philosophy called
ethics, too, when he contemplates the moral background of proposed changes in social
legislation.
Statistics and Logic
The political theorist 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. These involve a proper application of
statistical procedures for the quantitative measurement of social phenomena and of
logical procedures for the analysis of reasoning.
Jurisprudence
This 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. A
comprehension of the nature of law) whether the “natural law” or the “divine law”) and
of statues enacted by legislatures is indispensable to the political theorist.

Law and state are inseparable. All states proclaim laws, effective within their
jurisdictions, and enforce them through a system of penalties or sanctions. To maintain a
full understanding of the facts of political life, the political scientist has to combine the
legal with the extra-legal viewpoints. (H. de Leon: Philippine Constitution)

Related Fields of Political Science

Political theory
The entire body of doctrine relating to the origin, form, behavior, and purposes of the state
are dealt with in the study of this subject.
Public law
The (a) organizations of governments, (b) the limitations upon government authority, (c) the
powers and duties of governmental offices and officers, and (d) the obligations of one state to
another are handled in the study of public law. In contradistinction to the rules of private law,
which governs the relations among individuals, public law is so specialized that separate courses
are offered in each of its subdivisions – constitutional law (a,b),administrative law (c), and
international law (d).
Public administration
In the study of public administration, attention is focused upon the methods and techniques
used in the actual management of state affairs by executive, legislative, and judicial branches of
government. As the complexity of government activities grows, the traditional distinctions
among the powers of these branches become even less clear-cut 5. Today, legislative bodies have
been forced to delegate greater discretion to executive officers responsible for the conduct of
government policies and powers. (H. de Leon; Philippine Constitution)

Types of Government

Government by one person

Monarchy

Monarchy is a form of government where the ruler is a monarch who comes from a
royal family.His royak title may be king, queen, emperor, empress, tzar o yzarina, or any
royal title of a monarch ruling the state. Monarchy is classified into-absolute monarchy
and limited or constituti9nal monarchy.

 Absolute Monarchy
In this type of monarchial governmebt, the monarch exercises absolute power.
He wields executive, legislative, and judicial powers. With absolute and
tremendous powers he rules with an iron hand. He holds the throne by herditary
right, and most especially, according ti King James I of England, 1603-1625, by
divine right. King James declared, "that kings are not only God's lieutenant on
earth," but they are looked at by God as divine. Jordan, Saudi Arabia, Iraq and
other newly established countries in Africa are some of the countries that
implemented this form of government.
 Limited Monarchy
In limited monarchy, the monarch is willing to part with some of his powers and
delegates then to some government agencies. For example, the legislative power
is exercised by the legislative body, the juridicial is ruled by the court, and the
executive power by the king himself. The king rules in accordance with the law or
constitution.
Limited Monarchy or enlightened monarchy is rated as the best form of
government. It worked most effectively because the monarch under
constitutional rule guaranteed that policies needed to maximize politicak, social
and economic stability were implemented. Japan, the Netherlands, Spain and
Belgium are some of the countries that implemented this form of government.

Dictatorship

Dictatorship is a form of governement ruled by a person who comes from military or

civilian class. During the period of stress or emergency in the past, the people
sometimes vested tremendous emergency powers in a military commander, to be
withdrawned after the emergency vanished. But the ambitious dictator with may
pretentions would insist that the emergency still exists.
Consistently he would have his own way to remain in office and maintain his powers. His
power and control in the government became entrenched by a clique of fanatical
followers. The dictator usually proclaimed himself as the protector of the poo people.

Dictatorship maybe totalitarian when the dictator controls everything- all the means of
communicatoon, homes, schools and churches, the nation's economy and even the
people's lives, their minds and souls. The modern dictator can exercise vast powers
because he has at hus command tue most modern technological and psycholohical
weapins of controlling the people.

Totalitarianism as mentiones above is considered as the most extreme type of

dictatorship. It is characterized by a totalitarian leader who wields absolute powers.

Government by the few

Aristocracy

Aristocracy is defined from the Greek etymology "aristo" which means best and "kratia"
or "kratos", means rule. In essence, therefor, aristocracy is the government by the "best"
members of the community. This implies that the arostocrats are presumably the men of
highest intelligence and integrity. They belong to the elite in society. Their social status,
wealth and political power are inherited. These qualities correspond to that of Plato's
philosophy, king, Plato, in his "Republic", viewed the ideal state as governed by wise and
devoted rulers.

Oligarchy

Oligarchy is also a government by the wealthy few but they do not come from the
nobility like the aristocrats. The wealthy few in the government, or the oligarchs, believe
that the most importany requisites to the claim of power are wealth, good social
position and education. If these requisites be made the basis for the exercise of
governmental powers, it is unlikely that oligarchy could serve the best interests of the
masses, since the tendency of the very wealthy few would be to use government to
protect and promote even more their wealth to the extent of resorting to brutality and
aggresiveness. That is why oligarchy is a despicable type of government. Aristotle called
this form of government the extreme oligarchy.

The oligarchs are the enemies of the poor. That is why the poor have reason to rebel
againts an oligarchic government that tries to entrench itself in power. The oligarchs
have no qualms of charity for the poor. They ise governent to build economic empires
for themselves and their families. There are oligarchs in a democtacy. Since they form
the politico-economic elite they manage to be the power holders of the body politic.

Both Oligarchy and Aristocracy are both authoritarian, since they are no elections and no
referendums in which the citizens participate.

Government by the many

Democracy

Democracy is derived from the Greek term "demos" which means people and "kratia" or
"kratos" means rule. In other words democracy means people's rule, or in other words
of great American president, "a governement by the people, of the people and for the
people". This is an ideal democracy which people everywhere is trying to attain.

A democratic government must be a living and working instrumentslity to

institutionalized democracy ideals in order to make them more effective and more
meaningful.

Evolution of Philippine Politics

The pre-Spanish government.

Unit of government
Prior to the arrival of the Spaniards, the Philippines was composed settlements or
villages, each called barangay (consisting of more of less 100 families), named after
balangay, a Malayan word meaning “boat” (thereby confirming the theory that the early
Filipinos came to the Philippines in boats).
 Every barangay was virtually a state, for it possessed four basic elements of
statehood. At times, however, some barangays joined together as “confederations”
mainly, for the purpose of mutual protection against common enemies.
Datu
Each barangay was ruled by a chief called datu in some places, and rajah, sultan or hadji
in others. He was its chief executive, law-giver, chief judge, and military head. In the
performance of his duties, however, he was assisted usually by a council of elders
(maginoos) which served as his advisers. One could be a datu chiefly by inheritance,
wisdom, wealth, or physical prowess.

In form, the barangay was monarchy with the datu as the monarch.

Social classes in barangay

The people of the barangay were divided into four classes, namely: the nobility
(maharlika), to which the datu belonged, the freemen (timawa), the serfs (aliping
namamahay), and the slaves (aliping sagigilid).
Early laws
A legal system already existed in the Philippines even in pre-colonial times. The early
Filipinos had both written and unwritten laws.
The written laws were promulgated by the datus. The two known written codes in
the pre-Spanish era are the “Maragtas Code” which was said to have been written about
1250 A.D. by Datu Sumakwel of Panay, and the “Kalantiaw Code”, also of Panay. The
unwritten laws consisted of customs and traditions which had been passed down from
generations to generation.
Comparison with older ancient governments.
It can be said that the laws of the barangay were generally fair. The system of
government, although defective was not so bad considering the conditions in other
lands in the age during which it flourished. An eminent scholar has written: “The Filipino
people, even in the prehistoric times had already shown high intelligence and moral
virtues; virtues and intelligence clearly manifested in their legislation, which, taking into
consideration the circumferences and the epoch in which it was framed, was clearly as
wise, as prudent, and as humane, as that of the nations then at the head of civilization.”
Government during the Spanish period

Spain’s title to the Philippines

It was based on the discovery made by Ferdinand Magellan, in 1521, consummated
by its conquest by Miguel Lopez de Legazpi 45 years later and long possession for almost
4 centuries, until it was terminated in 1898, when by the Treaty of Paris, the Philippines
was ceded by Spain to the United States.
Spanish colonial government
From 1565 to 1821, the Philippines was indirectly governed by the King of Spain
through Mexico because of the distance of the Philippines from Spain. From 1821, when
Mexico obtained her independence from Spain, to 1898, the Philippines was ruled
directly from Spain. The council in Spain responsible for the administration of the
Philippines was the Council of the Indie. In 1837, it was abolished and legislation for the
Philippines was temporarily performed by the Council of Ministers. From 1863, the
Ministry of Ultramar (colonies) exercised general powers of supervision over Philippine
affairs.
Three times during the Spanish period (1810 – 1813, 1820 – 1823, and 1836 – 1837),
the Philippines was given representation in the Spanish Cortes, the legislative body of
Spain. A basic principle introduced by Spain to the Philippines was the union of the
church and the state.
Government in the Philippines unitary
The government which Spain established in the Philippines was centralized in
structure and national in scope. The barangays were consolidated into towns (pueblos)
each headed by a gobernadorcillo (little governor), popularly called capitan, and the
towns into provinces, each headed by a governor who represented the Governor
General in the province.

Cities governed under speciaal charters were also created. Each of these cities
had an ayutamiento or cabildo (City council). Cebu was the first City to be
established in 1565 in the Philippines. The second was Manila, in 1571.

The Governor- General

The powers of the government were actually exercised by the
“Governor- General”, “Captain- General” and “vice- royal patron”. As
Governor- General, he had executive administrative, legislative, and
judicial powers. As Captain- General, he was Commander- in- Chief of all
the Armed Forces in the Philippines. As the vice- royal patron, he
exercised certain religious powers. Because of these broad powers, it has
been said that the Governor- General enjoyed more powers than the King
of Spain himself. This was justified, however, because of the distance of
the Philippines from Spain.
The Judiciary
The Royal Audiencia which was established in 1583 was the supreme
court of the Philippines during the Spanish times. Its decision was final
except on certain cases of great importance which could be appealed to
the King of Spain. It also performed functions of executive and legislative
nature.
Below the Royal Auduencia, were two (2) Territorial Audiencia
established in 1893- one in Cebu and the other in Vigan- which exercised
appellate jurisdiction over criminal cases coming from the surrounding
territory. In 1886, courts of first instance with both civil and criminal
jurisdiction were established in the provinces. At the bottom of the judicial
system were the justice of the peace court which were established in the
different towns in 1885.
In addition, there were special courts like the military and naval courts
which had jurisdiction over military offenses and the ecclesiastical
offenses. Treasury and commercial courts were also created but were
later abolished.
Evaluation of the Spanish Government in the Philippines
Spain ruled the Philippines from 1571 to 1898. The Government which
Spain established in the Philippines was defective. It was a government
for the Spaniards and not for the Filipinos. The Spanish official were often
inefficient and corrupt. The union of state and church produces serious
strifes between the ecclesiastical and civil authorities. Equality before the
law was denied to the Filipinos.
The demerits, however, of the Spanish Administration were more than
offset by its merits.
 The Spanish rule, when viewed in the broader light of global
colonization, was generally mild and humane. The Filipino people were
not brutalized . Spaniards and Filipinos intermarried and mingled socially.
Slavery and tribal wars were suppressed.
It brought about the unification of the Filipino people. The diverse tribe
were molded into one people, under in one God, one king, and one
government, and out of their common grievances against Spain,
blossomed the spirit of nationalism; and
Spain uplifted the Filipino’s from the depth of primitive culture and
paganism and gave them the blessings of Christianity and European
Civilization.

Governments during the Revolutionary Era

The Katipunan Government

The Katipunan was the secret society that precipitated our glorious
revolution on August 26, 1896. It was organized by Andres Bonifacio, who,
together with the group of Filipino patriots, signed the covenant of the
Katipunan with their own blood on July 7, 1892. The central government of
the Katipunan was vested in a supreme council (Kataastaasang
Sanggunian). In each province there was a Provincial Council
(Sangguniang Balangay) and each town, a Popular Council (Sangguniang
Bayan). The judicial power was exercised by a Judicial Council
(Sangguniang Hukuman)
The Katipunan was the first clear break from Spanish rule with the
ultimate goal to establish a free and sovereign Philippines. It was replaced
by another government whose official headed by Gen. Emilio Aguinaldo as
President, were elected in the Tejeros Convention held on March 22- 23,
1897. Although several rebellions occurred in the past and their leader
organized their own governments, the revolutionary government
established at the Tejeros Convention was the first government to unify all
rebel forces. It was the first Filipino government whose officials were freely
elected by representatives of the people.
The Biak- na – Bato Republic
 On November 1, 1897, a republic was established by Gen. Aguinaldo
in Biak- na- Bato (now San Miguel de Mayumo, Bulacan). It had a
constitution which was to take affect for two (2) years only. It declared that
the aim of the revolution was the “separation of the Philippines from the
Spanish Monarchy and their formation into an independent state.”
The Biak- na- Bato Republic lasted up to December 15,1897, with the
conclusion of the “Pact of Biak- na- Bato”
The Dictatorial Government
Following the outbreak of the Spanish- American war on April 25, 1898,
Gen. Aguinaldo, in view in the chaotic conditions in the country,
established the Dictatorial Government on May 23, 1898. The most
important achievements of the Dictatorial Government were the
Proclamation of Philippine Independence at Kawit, Cavite on June 12,
1898 and the reorganization of local governments.
The Revolutionary Governments
On June 29, 1898, Gen. Aguinaldo established the Revolutionary
Government replacing the Dictatorial Government with himself as
President and the Congress whose function was advisory and ministerial.
The decree making such change stated that the aims of the new
government were “ to struggle for the independence of the Philippines,
until all nations including Spain will expressly recognize it”, and “ to
prepare the country for the establishment of the real Republic.” It sent
diplomatic note to foreign nations, requesting them to accord formal
recognition to the Philippines as a free and Independent nation.
The First Philippine Republic
On September 15, 1898, a revolutionary Congress of Filipino
representatives meets in Malolos, Bulacan at the call of the Revolutionary
Government. After the promulgation of the so-called Malolos Constitution
on September 15, 1898 the Malolos Congress formally ratified on
September 29, 1898 the proclamation of Philippine Independence made
by Gen. Emilio Aguinaldo in Kawit, Cavite on June 12, 1898. This
Constitution was the first Democratic Constitution ever promulgated in the
whole of Asia. It established a “free and Independent Philippine Republic”
 (also then called the “Malolos Republic”) which are inaugurated on
January 23, 1899 with Gen. Aguinaldo as President defining its structure
and articulating its vision.
The establishment of the Philippines Republic, following the
proclamation of Philippine Independence by Gen. Aguinaldo, capped our
forefathers’ struggle against colonial rule, which began when foreigners
set foot on our native soil in 1521. It was, however, not recognized by the
United States of America nor by the family of nations. It was, nevertheless,
an organized government because it actually existed and its authority was
accepted by the people. It existed from January 23, 1899 to March 23,
1901.
In February, 1899, the United State annexed the Philippines as the
result of the Spanish- American War of 1898 and in April, 1901, Gen.
Aguinaldo was captured. Thus, the Republic was short-lived, its
independence cut short by the superior might of a new colonial power. The
Malolos Constitution which provided by the establishment of aa Philippine
Republic had no opportunity to operate. However, this is no way
diminishes the historical significance of the Philippine Revolution of 1896.
It was the first war of Independence fought by Asians against foreign
domination and it gave birth to the first constitutional democracy in Asia
and the West Pacific.

Governments during the American Regime

The Military Government

The American Military rule in the Philippines began on August 14,
1898, the day after the capture of Manila. The existence of war gave the
President of the United States the power to establish a Military
Government in the Philippines, as Commander- in – Chief of all Armed
forces of the United States. His authority was delegated to the military
governor who exercised as long as the war lasted, all powers of
government- executive, legislative and judicial.
The Civil Government
 Pursuant to the so- called Spooner Amendment (on the Army
appropriation act passed in the U.S. Congress on March 3, 1901) which
ended the military regime in the Philippines, the Civil Government was
inaugurated in Manila on July 4, 1901, headed by a Civil Governor whose
position was created on October 29, 1901. The Civil Governor (the title
was later changed to Governor General on February 6, 1905) also
exercised legislative powers. He remained as President of the Philippine
Commission, the sole lawmaking body of the government from 1901 to
1907.”
From 1902 to 1916, the Philippine Bill of 1902 was the basic law for
the Philippine government. It provided for the creation of the Philippine
Assembly to be composed of Filipinos elected by the people, From 1907
to 1916, the Philippine Commission acted as the upper house of the
legislative branch with the Philippine Assembly serving as the lower
house. The Philippines was represented in the United States by two (2)
Resident Commissioners who were elected by the Philippine Legislature.
These commissioners had seats in the United States House of
Representatives, receiving the same emoluments and other privileges as
the American members of that body, but without the right to vote.” The
Jones Law of 1916 became the new organic or basic law for the
Philippines. This law vested the legislative power in an all- Filipino
lawmaking body composed of the Philippine Senate and the House of
Representatives. The first replaced the Philippine Commission. It
promised in its preamble to grant the Philippines independence as soon
as the Filipinos could establish stable government.
The Commonwealth Government of the Philippines
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 Commonwealth was
a form of government in transition toward independence. Among other
things, the law provided for a transition period of ten (10) years during
 which the Philippine Commonwealth would operate and at the expiration
of the said period on July 4, 1946, the independence of the Philippines
would be proclaimed and established.
The new government of the commonwealth of the Philippines, deemed
successor to the Government of the Philippine Islands, was inaugurated
on November 15, 1935, following the first national election under the 1935
Constitution held on September 12, 1935, with Manuel L. Quezon and
Sergio Osmeñia, as President and Vice- President , respectively.
The Commonwealth Government of the Philippines was republican in
form under the presidential type. The legislative power was first vested in
a unicameral National Assembly and later in a bicameral Congress
composed of the Senate and the House of Representatives. The Judicial
power was vested in the Supreme Court and inferior (i.e., lower) courts
provided by law. The Government of the Commonwealth of the Philippines
was very autonomous. The Filipinos had almost complete control over the
domestic affairs, the United States retaining control only over matter
involving foreign affairs.
During World War II, the Commonwealth Government functioned in
exile in Washington from May 13, 1942 to October 3, 1944. It was
reestablished in Manila on February 27, 1945 when Gen. Douglas
MacArthur, in a ceremony held at Malacañang Palace on behalf of the
United States Government, turned over to President Osmeñia the full
powers and responsibilities of the Commonwealth Government under the
(1935) Constitution.

Governments during the Japanese Occupation

The Japanese Military Administration- It was established in Manila on

January 3, 1942, one day after its occupation. Under a proclamation
issued by the Japanese High Command, the sovereignty of the United
States over the Philippines was declared terminated.
The Philippine Executive Commission- A civil government known as the
Philippine Executive Commission composed of Filipinos with Jorge B.
Vargas as chairman, was organized by the military forces of occupation.
 The commission exercised both the executive and legislative powers. The
laws enacted were, however, subject to the approval of the Commander-
in- Chief of the Japanese Forces. The Judiciary continued in the same
form as it was under the Commonwealth. However, it functioned without
the independence which it had traditionally enjoyed.
The Japanese- sponsored Republic of the Philippines- On October 14,
1943, the so- called Japanese- sponsored Republic of the Philippines was
inaugurated with Jose P. Laurel as President. It was of the same character
as the Philippine Executive Commission. Like the latter, the ultimate
source of its authority was the Japanese military authority and
government. On August 17, 1945, President Laurel proclaimed the
dissolution of the Republic

The Previous Philippine Republics

Under Joint Resolution No. 93, approved by the United States

Congress on June 29, 1944, the President of the United States was
authorized to proclaim the independence of the Philippines prior to July 4,
1946, after the Japanese had been vanquished and constitutional
processes in the country restored. The Republic of the Philippines was
formally inaugurated on July 4, 1946 to July 4, 1946 as the last
Commonwealth President and Vice- President, respectively.
The 1935 Constitution served as the fundamental law not only for the
Commonwealth Government which was interrupted by the Second World
War but also for the Republic of the Philippines until the “ratification” of the
1973 Philippine Constitution establishing a parliamentary form of
government, effected by virtue of Proclamation No. 1102 of President
Ferdinand E. Marcos on January 17, 1973, after the declaration of martial
law on September 21, 1972
The First Republic was established on January 23, 1899 under the
Malolos Constitution; the Second, on October 14, 1943 under the
Japanese- sponsored Constitution; and the Third, on July 4, 1946 under
the 1935 Constitution, President Ferdinand E. Marcos, in his inaugural
 address on June 30, 1981, proclaim the birth of the Fourth Republic under
the 1973 Constitution which, as amended in a plebiscite on April 7, 1981,
installed a modified parliamentary system of government, thus making
himself, its first President. All in all, there were nine (9) Presidents in the
previous three (3) republics, including President Marcos in his two (2)
terms in the Third Republic
The present Republic came into being upon the ratification of the 1987
Constitution on February 2, 1987.

The Provisional Government of 1986

Before Corazon C. Aquino took her oath of office on the morning of February
25, 1986 at Club Filipino, San Juan, Metro Manila, the last day of a four (4) day
“people power” revolt (Feb. 22-25) that culminated in the outsider of President
Ferdinand E. Marcos, she read proclamation No. 1 wherein she declared that
she and her Vice- President were “taking power in the name and by the will of the
Filipino people” on the basis of the clear sovereign will of the people expressed in
the election of February 7, 1986. In her oath, she swore to preserve and defend
the “fundamental law” (not the “Constitution”) and execute “just laws” ( instead of
“its laws”)

Revolutionary
The Government was revolutionary because it was instituted not in
accordance with the procedure provided in an existing Constitution. There
is a definite acknowledgment in Proclamation No. 3 that the provisional
government established thereunder was revolutionary in character
(without calling itself as such) having been installed by direct action of the
people or by “people power,” deriving its existence and authority directly
from the people themselves and not from the then operating 1937
Constitution.
De jurelde facto
The first is one constituted or founded accordance with the existing
constitution of the state (according to law), while the other is not so
constituted or founded but has the general support of the people and
effective control of the territory over which it exercises its powers. A de
facto government acquires a de jure status when it gains wide acceptance
from the people and recognition from the community of nations.
At its inception, the revolutionary government was illegal for lack of
constitutional basis not having been sanctioned by either the 1935 or the
1973 Constitution. It was a de facto government but acquired a de jure
status. There was no question then that the revolutionary government had
won continuous public acceptance and support without any resistance
whatsoever anywhere in the Philippines and the recognition of practically
all foreign governments.
Constitutional and transitory
The provisional government was not a purely revolutionary one but a
hybrid constitutional revolutionary government, i.e., a revolutionary
government governing under a provisional or interim constitution the
people could invoke to protect their rights and to promote their welfare, to
exist for a limited period until the ratification and effectivity of a permanent
constitution. There was nothing, however, to prevent the government from
amending, suspending and abrogating the Provisional Constitution and
adopting a new one or operating without any constitution.
In other words, the Provisional Constitution did not have the status of a
supreme of fundamental law because the government was not created by
it and was not bound to obey it.
Democratic
The provisional government was claimed to be democratic because it
was installed by its direct action of the people as a direct expression or
manifestation of their sovereign will, and, therefore, it was based on the
consent of the governed or the approval of the people.
Powers
A revolutionary government being a direct creation of the people,
derives it powers from the people to whom alone it is accountable. It is
said that a revolutionary government is clothed with unlimited powers
because it makes its own laws; it is “ a law unto itself.” However, with the
adoption of the Provisional Constitution, the revolutionary government
opted to abide with and to subject itself to the provisions thereof, pending
approval of a new charter.
The Provisional Constitution
Instead of declaring the 1973 Constitution with certain amendments
and minus certain articles and provisions, as the interin Constitution,
Proclamation No. 3 promulgated a Provisional Constitution to replace the
former, adopting in toto insofar as they are not inconsistent with the
provisions of the proclamation, certain provisions of the 1973 Constitution.
By its very nature, the Provisional Constitution (as well as the
revolutionary government which operated under it) self- destruct upon the
ratification and effectivity of the new Constitution on February 2, 1987.
(Art. XVIII, Sec. 27). (H. de Leon;