Government Purpose and necessity of government Distinction between Government and State Forms of government

Constitution Meaning and nature of Constitution Types of Constitution Characteristics of a Good Written Constitution Historical development of the Philippine Constitution

The government needs to exist for the benefit of the people. To protect lives and property, set up and enforce

rules and laws, settle disputes and in general to advance the wellbeing of its people

Without the government there would be no one to administer the affairs of the society for the common good.

The state is broader in scope than government because the state consists of territory, people, sovereignty and government. Government is only one of the States essential

elements.

There can be no State without a government.

The state is permanent, while the government may change from one form to another.

Based on: number of persons exercising the power of

sovereignty source of power how the power is distributed how governments function legality or constitutionality

Government by One Monarchy (Absolute monarchy; limited constitutional

or parliamentary monarchy) Dictatorship and Totalitarianism (extreme form)

Government of the Few Aristocracy (sovereign power is vested upon the few,

noble, or best qualified people) Oligarchy (perverted form of aristocracy) Rule of the wealthy is directed against the poor

Government of the Many (Democracy)

Hereditary (ex. Monarchy) fixed rule of succession; inherited

Elective Voters elect the leaders

Unitary government whole power of the government is upon a single organ from which the local government derive their authority and autonomy. Federal government one wherein the national government delegates many powers and responsibilities of government to sub-national or local government units Confederate government each member of the state of confederation retains its own sovereignty and has a form of government as it chooses, there being a common central government only and mainly for their mutual support and defense.

Paternalistic government restraining wrong doings, protecting private rights, improving the wellbeing of the people

Individualistic government limited to simple police functions, maintenance of peace and order and security of society (internal and external), protecting of private rights.

Cabinet government aka parliamentary government. Executive branch is part and parcel of the legislature

(fusion between the Executive and Legislative) Members of legislature are elected by the people Chief Executive is elected by the members of

legislature Chief Executive can dissolve the legislature

Presidential government Executive (President) is constitutionally independent of legislative (Congress) President as the real Executive, the one who

exercises the powers the Constitution confers upon him/her.

De Jure Government one established through legal or constitutional means and therefore clothed with the authority and power to administer the nation.

De facto Government established through unconstitutional or unlawful means like revolution, secession and military occupation.

Meaning, Nature and Functions

the whole body of fundamental rules, written or unwritten, legal or extra-legal, according to which a particular government operates (Zaide and Zaide, 1966) The fundamental law on which the government of a country is organized and it prescribes the manner by which the powers of the government are to be exercised.

1. Establishment of the basic framework of government.

2. Regulation of the rights and freedoms enjoyed by the individual for the common good.

3. Protection of the people from government abuses.

Based on origin or history Enacted / Conventional drafted and

passed by a constituent assembly or granted by a sovereign to the people

Evolved / Cumulative a product of a long history of usage by customs, traditions and judicial decisions rather than by formal or deliberate enactment.

Written or unwritten Written granted by a ruler, enacted by legislature, framed by a constituent body and ratified by the people

Unwritten consists of customs, usage, legal traditions and is entirely the product of political development

Rigid or flexible Rigid / inelastic difficult to change or alter except by some special machinery

Flexible / elastic easy to amend as it can be altered in the same way as other laws

Broadness it has to be comprehensive enough to embody all the essential functions and powers of the government Brevity has to be brief but concise; should not be too lengthy or detailed as only the essentials of government should be embodied in it Definiteness should be definite and clear to avoid errors and ambiguity in their interpretation

Constitution of Government provides the framework for the establishment of the government by defining its powers and assigning the executive, legislative and judicial branches

Constitution of Liberty specifies the basic rights and freedom of the people

Constitution of Sovereignty stipulates the manner by which the people can exercise the sovereign power to approve, alter, and modify the fundamental law of the land

Malolos Constitution (1899)

to act as the legislative body

Called Constitucion politica , written in Spanish following the declaration of independence from Spain First republican constitution in Asia. Presidential form of government Declared that sovereignty resides exclusively in the people, stated the basic civil rights, separated the church and state, and called for the creation of and Assembly of representatives

Commonwealth and Third Republic (1935) 1935 Constitution was spearheaded by Claro M. Recto and was approved and adopted by the Commonwealth of the Philippines (1935- 1946) and later used by the Third Republic of the Philippines (1946-1972)

The original 1935 Constitution provided for a unicameral National Assembly. This was amended in 1940 to have a bicameral Congress composed of the Senate and the House of Representatives, as well as the creation of an independent electoral commission.

Second Philippine Republic (1943) Drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines which had established a government-in-exile. In mid-1942 Japanese Premier Hideki Tojo had promised the Filipinos independence which meant that the commission would be supplanted by a formal republic.

The new charter was ratified in 1943 by an assembly of appointed provincial representatives of the Kalibapi (organization established by the Japanese to supplant all previous political parties) The 1943 Constitution was in force in Japanese-controlled areas in the Philippines but was never recognized as legitimate or binding by the US government or the Commonwealth of the Philippines and guerilla organizations loyal to them.

JP Laurel was the President of the Japanese sponsored puppet government

The New Society and the Fourth Republic 1973 Constitution promulgated after the

declaration of Martial Law

Introduction of a parliamentary-style of government: legislative power was vested in a National Assembly; President as the symbolic head of the state

This Constitution was amended 4 times (5 depending on how one considers Proclamation No. 3 of 1986)

Drafted by the constitutional convention created by President Corazon Aquino by virtue of Article V of Proclamation No. 3, issued on March 25, 1986. This proclamation promulgated a Freedom Constitution for the Philippines, a few weeks after the successful People Power Revolution, which toppled the dictatorial regime of Ferdinand Marcos.

Our Government

In groups. Pretend that you are a tribe that decided to form your own government. What kind of government will you form?

What characteristics will it have? Who would be the official(s) to manage the government?

Bond paper: create a poster of YOUR government. Write a 1-page paper addressing the following questions: 1. As a tribe, why did you decide to form your

kind of government?

2. Do you think this form of government would be more appropriate for the Philippines? Why / why not?