POLITICAL INSTITUTION

Political Institutions and Power

Political Institutions

Political institutions refer to the established normative system of acquiring and exercising power through political processes and activities.

Power

Power is defined as the ability to influence and control the actions and behavior of others. It is essential to understand that power is not intrinsic and must be acquired from available sources.

Legitimacy and Authority

Legitimacy Rule

  • Concept: Legitimacy is derived and confirmed through the consensus of the people, expressed through mechanisms like elections and patronage. Consensus plays a crucial role in establishing legitimacy within a political framework.

Authority

  • Authority refers to the rightful assumption to command obedience and direct courses of action through established superiority or ascendancy. This concept is central to understanding political dynamics and governance.

Influence and State Powers

Influence

Influence encompasses the various ways and means by which desired outcomes are produced and manipulated. It can be a source of power that entails leadership traits, skills, and the human and material resources available to an individual.

Inherent Powers of the State

The state possesses inherent powers essential for the effective functioning of government, allowing it to intervene in individual rights and properties. These powers include:

  • Police Power: The state’s authority to regulate individual rights for public safety, morals, health, and convenience.

  • Eminent Domain: The power to acquire private property for public use via compulsory sale, ensuring fair compensation for property owners.

  • Taxation: The power to impose taxes essential for funding government operations and public services.

Police Power

Scope

Refers to the maxim "salus populi est suprema lex" (the welfare of the people is the highest law) and emphasizes the need for regulations that promote public safety without harming others.SEC UTERE TUO UT ALIENUM NO LAEDAS (act in such a way that you do not hurt anybody.)

Exercise by Various Entities

The exercise of police power is typically vested in the president, administrative bodies, and local government law-making bodies.

Local Government Units (LGUs)

The city mayor has quasi-judicial powers, allowing actions like the closure or demolition of establishments that do not comply with legal standards. This authority is particularly relevant when considering potential violations regarding land use and structure legality.

Power of Eminent Domain

Basic Principles

  • The government can take private property for public use, provided just compensation is paid. The need must align with public interest and benefit.

  • Just compensation refers to a fair equivalent value of the property taken, representing the amount a willing buyer would pay a willing seller.

Power of Taxation

Scope and Necessity

The inherent power of taxation is essential for the government to levy contributions that fund state operations and public services. It encompasses individuals, property, and related transactions. The imposition of taxes emerges from the necessity of maintaining government functions.

Use of Tax Funds

Taxes are also vital in disaster preparedness and recovery efforts, enabling the government to respond effectively to natural calamities, supporting both immediate relief and longer-term rebuilding initiatives.

Types of Authority

  • Traditional Authority: Technically rooted in customs and long-standing practices, legitimacy derived from historical and cultural traditions, often passed down through generations.

  • Charismatic Authority: Based on personal qualities or the charisma of a leader, followers are attracted to leaders due to admiration or loyalty rather than formal legitimacy.

  • Legal-Rational Authority: Established based on laws and formal procedures. Legitimacy arises from constitutional and electoral frameworks, expecting leaders to act within defined legal limits.

Social Functions of Political Institutions

Functions

  • Promotion and protection of common interests.

  • Maintenance of peace and order in society.

  • Regulation of rights and freedoms of members.

  • Provision of social services.

  • Dispensation of justice.

Aspect in Maintaining Social Order

  1. Creating Formal Norms

    • Constitutional Laws: are formalized norms that emerge in the Constitution, the written plan in the government.

      • 1935 Constitution: Drafted by the Constitutional Convention, it was approved by Filipino voters in a plebiscite. This constitution was made during the Commonwealth era and was largely influenced by the United States, as the Philippines was a U.S. territory at the time.

      • 1973 Constitution: Drafted under the government of President Ferdinand Marcos by a Constitutional Convention held in 1971. It introduced changes to the political structure, including a shift from a presidential to a parliamentary system, which allowed for an extended term for Marcos.

      • 1987 Constitution: Drafted by the 1986 Constitutional Commission, appointed by then-President Corazon Aquino following the People Power Revolution that ended the Marcos regime.

        • A Constitutional Convention is a formal gathering of representatives chosen or elected to draft or revise a constitution. Delegates to a convention are typically elected by the people or appointed by a government body.

        • Constitutional Commission: A body often appointed by the government to review, draft, or propose amendments to the constitution. Commissioners are usually selected based on their expertise, legal knowledge, or experience rather than through popular election.

    • Statutory Laws: Laws that have been ENACTED BY A LEGISLATIVE BODY of the government like congress and city councils are subject to amendment or repeal by the same legislative body that created them.

      • Republic Act No. 7610: "Special Protection of Children Against Abuse, Exploitation, and Discrimination Act" provides protections for children and addresses child abuse and exploitation.

      • Republic Act No. 9262: "Anti-Violence Against Women and Their Children Act of 2004," which penalizes acts of violence against women and children in the context of domestic or family situations.

      • Republic Act No. 8371: "Indigenous Peoples’ Rights Act of 1997," which recognizes and protects the rights of indigenous cultural communities and indigenous peoples.

      • Civil Code of the Philippines: Governs family and property relations, obligations, and contracts.

      • Revised Penal Code: Defines criminal offenses and their corresponding penalties, covering crimes such as theft, murder, and fraud.

    • Common Laws: Unwritten laws built over centuries on local customs and precedent, further developed by judicial decisions. They are not permanent; they change depending on new judicial interpretations.

      • Family and Succession Laws– the interpretation and application of laws on marriage, inheritance, and other family matters are often influenced by court decisions and the interpretation of long-standing legal principles, some of which are drawn from common law traditions.

      • Judicial Precedents on Torts and Damages - Philippine courts often refer to previous decisions (case law) on matters involving torts (civil wrongs), liabilities, and damages, even though they may not be explicitly detailed in statutory law.

Aspects of Maintaining Social Order

  1. Creating Formal Norms

  2. Applying Sanctions

  3. Settling Disputes Among Individuals

  4. Settling Disputes Among Nations

Forms of Government

Establishment

  • De Jure Government: Recognized as legitimate per legal provisions.

  • De Facto Government: Established without legal legitimacy, often in contrast to existing laws.

Sovereignty

  • Dictatorship: Completely sovereign power rests in one individual, often ruling without formal legitimacy.

  • Monarchy: Sovereign power is held by a royal figure, often justified by divine right.

  • Oligarchy/Aristocracy: Power is held by a privileged group or individuals of nobility.

  • Democracy:

    • Direct Democracy: Citizens actively participate in governance (e.g., classroom elections).

    • Representative Democracy: Citizens elect representatives to make decisions on their behalf.

Power Concentration

  • Unitary System: Centralized government powers reside with the national government.

  • Federal System: Distinction between national and local governmental powers.

Power Relations

  • Presidential System: Central executive authority is held by the president.

  • Parliamentary System: The head of government is typically the prime minister, appointed by the legislature.

Summary

The Philippines is a democratic and republican state where sovereignty resides with the people, operating under principles of peace, justice, freedom, and the strict separation of church and state.