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Psalm 138:1

"I will praise you Lord


with all my heart.

Social Science
Paternalistic Theory Social Contract Theory
STATE community of persons, more or less
Attributes the origin of Asserts that the early
numerous, permanently occupying a definite portion of
the state to the states must have been
territory independent of external control and possessing
enlargement of the family formed by deliberate and
an organized government to which the great body of
which remained under voluntary compact among
inhabitants render habitual obedience.
the authority of the the people to form a
mother or father. society and organize
Elements of the State:

government for their
People the inhabitants of the state common good. This theory
Territory fixed portion of the surface of the justifies the right of the
earth inhabited by the people of the state. people to revolt against a
Government agency or instrumentality through bad ruler.
which the will of the state is formulated,
expressed and realized.
FORMS OF GOVERNMENT
Monarchy The supreme and final authority is
National The entire machinery of
in the hands of a single person
Government the government
without regard to the source of his
Local Government Political subdivisions such
election or the nature or duration
as provinces, cities,
of his tenure
municipalities and
1. Absolute monarchy: the
barangays
ruler rules by divine right
Autonomous Autonomous governments
2. Limited monarchy: the ruler
regions or regions in the country
rules in accordance with a
Metropolitan Special political constitution
Authority subdivisions composed of
Aristocracy Political power is exercised by a
all local government units
few privileged class
comprising Metro Manila
Democracy Political power is exercised by a
Sovereignty supreme power of the state to
majority of the people.
enforce its will upon the people and the freedom
1. Direct or pure democracy:
from external or foreign control.
the will of the State is
formulated or expressed
Origin of the State directly and immediately
through the people in a mass
Divine Right Theory Necessity or Force meeting or primary assembly
Theory rather than through the
The state is of Divine State must have been medium of delegates or
creation and the ruler is created through force, by representatives chosen to act
ordained by God to govern some great warriors who for them
the people. Reference has imposed their will upon the 2. Indirect, representative or
been made to the laws weak. republican democracy: the
which Moses received at will of the State is formulated
Mt. Sinai. and expressed through the
agency of a relatively small
and select body of persons
chosen by the people to act
as their representatives

DR. CARL E. BALITA REVIEW CENTER TEL. NO. 735-4098/7350740 -1-


FORMS OF GOVERNMENT governmental abuse specifically provided in Articles
De jure General support of its people and is III, IV, V, XII, XIII, XIV and XV of the 1987
founded on existing constitutional laws of Constitution
the state. 3. Constitution of Sovereignty refers to the
De facto Founded not on existing constitutional provisions which outline the process whereby the
laws of the state. sovereign people may change the constitution.
1. De facto government by Provided in articles XVII and II Section 1 of the 1987
usurpation: gets possession and Constitution.
control of, or usurps by force, or by
voice of the majority, the rightful Fundamental Principles of Government
government and maintains itself (The 1987 Constitution)
against the will of the latter. 1. Recognition of the aid of the Almighty God
2. De facto government by 2. Sovereignty of the people
insurrection: established as 3. Renunciation of war as an instrument of national
independent government by the policy.
inhabitants of a country who rise in 4. Supremacy of civilian authority over the military
insurrection against the parent state 5. Separation of church and state
3. De factor government by 6. Recognition of the importance of the family as a
invasion: established and basic social institution and of the vital role of the
maintained by military force which youth in nation building
invades and occupies a territory of 7. Guarantee of Human Rights
the enemy in the course of war, and 8. Government through Suffrage
which is dominated by a 9. Separation of powers
government of paramount force 10. Independence of the Judiciary
11. Guarantee of local autonomy
CONSTITUTIOIN written instrument by which the 12. High sense of public service morality and
fundamental powers of government are established, accountability of public officers
limited and defined, and by which the powers are 13. Nationalization of natural resources and certain
distributed among several departments for their safe private enterprises affected with public interest
and useful exercise for the benefits of the body politics. 14. Non-suitability of the State
15. Rule of the majority
Types of Constitution: 16. Government of laws and not of men
1. Written constitution provisions are all
contained in a single document. CLASSIFICATION OF RIGHTS:
2. Unwritten constitution provisions are not 1. Natural rights possessed by every citizen
contained in a single document but rather in without being granted by the state for they are
different documents which are considered as part of conferred by God to human being so that he may
the fundamental law of the land. live a happy life.
3. Conventional or enacted constitution 2. Constitutional rights conferred and protected
formulated by a constitutional convention that is by the Constitution. Since they are part of the
called to draft the constitution fundamental law, they cannot be modified or taken
4. Cumulative or evolved constitution not away by the law-making body
drafted by a positive act of the state but it a. Political rights give citizens the power to
developed as a part of the history of the nation participate directly or indirectly, in the
5. Rigid or inelastic constitution cannot be easily establishment or administration of the
amended unless such amendment is provided for by government
the constitution itself b. Civil rights rights which the law will
6. Flexible or elastic constitution can be easily enforce at the instance of private individuals
changed anytime for the purpose of securing them the
enjoyment of their means of happiness
Parts of a Constitution: Social and Economic rights: intended
1. Constitution of Government refers to those to insure the well-being and economic
provisions which set up the governmental structure security of the individual
specifically Articles VI, VII, VIII, IX and X of the Rights of the Accused intended for
1987 Constitution the protection of a person accused of
2. Constitution of Liberty provisions which any crime
guarantee individual fundamental liberties against

DR. CARL E. BALITA REVIEW CENTER TEL. NO. 735-4098/7350740 -2-


3. Statutory rights provided by laws promulgated 3. Remission prevents the collection of fines or
by the law-making body and consequently, may be the confiscation of forfeited property
abolished by the same body 4. Amnesty an act of the sovereign power
granting oblivion or a general pardon for a past
SUFFRAGE right and obligation to vote of qualified offense usually granted in favor of certain
citizens in the election of certain national and local classes of persons who have committed crimes
officers of the government and in the decision of public of a political character, such as treason, sedition
questions submitted to the people. or rebellion.

Scope of Suffrage: JUDICIAL DEPARTMENT


1. Election a political exercise whereby the Judicial Power power to apply the laws to contests
sovereign people choose a candidate to fill up or disputes concerning legally recognized rights or duties
an elective government position between the State and private persons, or between
2. Plebiscite right to ratify or reject individual litigants in cases properly brought before the
constitutional amendments or proposed laws judicial tribunals.
3. Referendum right reserved to the people to Vested in the Supreme court and in such lower
adopt or reject any act or measure which has courts as may be established by law
been passed by a legislative body and which in The Supreme court is composed of a Chief
most cases would without action on the part of Justice and 14 Associate Justices.
the electors become a law
4. Initiative power of the people to propose
bills and laws, and to enact or reject them at the
polls, independent of the legislative assembly
5. Recall system by which an elective official is
removed by popular vote before the end of his
term.

LEGISLATIVE DEPARTMENT
Legislative Power authority under the constitution
to make laws and alter and repeal them.
Divided into two chambers: the Senate with 24
members and the House of Representatives with
not more than 250 members, 20% of which
comes from the party list representatives

Laws refers to statutes which are the written enactment


of the legislature governing the relations of the people
among themselves or between them and the
government and its agencies

EXECUTIVE DEPARTMENT
Executive Power vested in the President of the
Philippines. It is the power to administer the laws, which
means carrying them into practical operation and
enforcing their due observance

Pardon an act of grace proceeding from the power


entrusted with the one-in-charge of the execution of the
laws which exempts the individual on whom it is
bestowed, from the punishment the law inflicts for a
crime he has committed.

Kinds of Pardon:
1. Absolute when it is not subjected to any
condition
2. Conditional when it is given subject to any
condition or qualification the President may see
fit
DR. CARL E. BALITA REVIEW CENTER TEL. NO. 735-4098/7350740 -3-

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