Republic of the Philippines

Romblon State University

Liwanag, Odiongan, Romblon

College of Arts and Sciences

Module

In

PSC 111

Fundamentals of Political Science

Bachelor of Arts in Political Science

Prepared by:

Edna M. Sixon, PhD

 RSU VISION

Romblon State University as a premier institution of higher education

in the MIMAROPA region for a globally competitive Province of Romblon.

RSU MISSION

The university is committed to providing advanced education, higher

technological and professional instruction and training in agriculture and
fishery, forestry, science and technology, education, arts and sciences, and
other relevant fields of study. It shall undertake research and extension
services and provide progressive leadership in its areas of specialization.

CAS GOALS

The College of Arts and Sciences is committed to provide relevant and

quality training for students in AB Political Science, BS Biology, AB English
and AB Public Administration and related fields to satisfy the needs of
regional and national development thrusts and even global arena, and to be
of service to the community through extension program activities.

OBJECTIVES OF AB POLITICAL SCIENCE

1. To equip students with the abilities attuned to the demands of the

changing community
2. To produce competitive graduates with skills geared towards local and
national leadership and employment generation.
3. To develop research competence among students to contribute to the
advancement of political stability.
4. To advocate political information and services for social awareness.
5. To equip students with the knowledge of teaching, law, and public
administration.
6. To develop students' scientific, moral, social, economic, political
awareness, and strengthen their cultural heritage through liberal education.

2
3
4
 Republic of the Philippines
Romblon State University
Liwanag, Odiongan, Romblon

College of Arts and Sciences

Module

In

PSC 111

Fundamentals of Political Science

Bachelor of Arts in Political Science

Prepared by:

Edna M. Sixon, PhD

i
 INTRODUCTION

This module is an overdue response to requests and suggestions of

teachers and students of political science to provide instructional material
in fundamental of political science subject. It is written and package like a
modified instructional manual. It is simple and user friendly.

Divided into four (4) parts, the module represents the complex
nature of politics. Part one deals on the Introduction to politics; Part two
Government; Part three Political Dynamics; Part four International Politics.

The module in Fundamentals of Political Science is designed to

present topics in a form most useful for later application in political
discussions and application of skills and knowledge in the real world of
politics, thus, the author spend much time and effort to make the module
clear and concise, and expect to aid the learners deeper insights in
addressing different social and political milieu.

ii
 RATIONALE

This module provides the foundation for further study of politics and
international relations, as well as philosophy, methodological debates and
skills as key to critical reading and social science policy and research.

Students of political science will be taught with systems of governance,

and the analysis of political activities, political thoughts, constitutions and
political behavior. Discussions on issues and problems about government
will served as deeper insights on how to analyze politics as basis for logical
decisions in addressing issues confronting their environment.

TARGET POPULATION

`The Module in Pol Sci 311 Fundamental of Political Science for Bachelor
of Arts in Political Science was developed by Romblon State University-
College of Arts and Science Faculty to provide the Political Science
students with an additional instructional manual that will serve as
references to deepen the political science concepts being studied.

COURSE OUTLINE: Fundamentals of Political Science

DESCRIPTION: This subject encompasses political science concepts,
theories and methodologies, development and process of political systems
and institution as well as political parties, group and public opinion and
international relation with emphasis on the contemporary issues and
problems.

COURSE CODE: POL Sci 311

CREDIT UNITS: 3
PREREQUISITES: None

iii
 TABLE OF CONTENTS

Contents Page

Title Page I
Vision, Mission Goals and Objectives ii
Introduction iii
Rationale, Target Population, Course Information iv
Table of Contents v
Pre-test Vi

Unit 1 - Introduction to Politics

a. The Study of Political Science 1
b. The Birth and Development of Political Science 1
c. Why Study Political Science 2
The State 5
a. Definition of the term State 5
b. Elements of the State 5
c. Theories of State Origin 6
d. Inherent Powers of the State 7
Law and Jurisprudence 10
a. Concepts of Law 10
b. Meaning of Law 10
c. Functions of Law 10
d. Origin and Sources of Law 10
e. Kinds of Law 11
f. Difference between Law and Ethics 12
g. The Constitution 15
h. Meaning of Constitution 15
i. The Importance of Constitution 15
j. Purpose of Constitution 15
k. Classification of Constitution 15
l. Advantages of Written Constitution 16
m. Requisites of a Good Written Constitution 16
n. Constitution distinguished from Statute 17
o. Ways of Amending the Constitution 17
p. History of Philippine Constitution 17

iv
 PRETEST

Name: Score:

Multiple Choices. Encircle the letter of the correct answer in accordance

with with every statement or question.

1. Which concerned on the study of state and government? (a. people

b. sovereignty c. state b. political science).

2. Among the elements of the state, which is the most essential?

(a. government b. sovereignty c. people d. territory).

3. The father of political science (a. Machiavelli b. Magellan c. Aristotle

d. Plato).

4. The father of modern politics (a. Machiavelli b. Magellan

c. Aristotle d. Plato).

5. In what stage where the state was considered as human institution

(a. religious stage b. Metaphysical stage traditional stage
d. modern stage).

6. In what stage where the government and its leaders is considered as

divine or divinely- inspired. (a. religious stage b. Metaphysical stage
c. traditional stage d. Modern stage).

7. Which power of the state commands obedience among people?

(a. police power b. power to tax c. sovereignty d. power of eminent
domain).

8. Which branch of government formulates the law? (a. executive b.

legislative c. media d. judiciary ).

9. Which branch of government implements the law? (a. judiciary b.

legislative c. media d. executive ).

10. Which branch of government interprets the law? (a. media b.

legislative c. executive d. judiciary ).

11. What territory where no state can claim its jurisdiction because it is
reserved for research. (a. Africa b. Asia c. Europe d. Antarctica).

12. What agency through which the will of the state is formulated,
expressed, & carried out? (a. media b. government c.
executive d. legislative).

v
13. A type of monarchy wherein the ruler is the chief executive, legislator,
and judge at the same time. (a. absolute b. constitutional c.
hereditary d. elected).

14. A government ruled by one man (a. anarchy b. aristocracy

c. democracy d. monarchy ).

15. A government ruled by few men (a. monarchy b. aristocracy

c. democracy d. anarchy).

16. A government ruled by the people (a. monarchy b. aristocracy

c. democracy d. anarchy).

17. A type of democracy in which the will of the state is formulated or

expressed directly and immediately through the people in mass meeting
rather than through the medium of delegates or representatives chosen to
act for them. (a. titular b. representative c. pure d. absolute ).

18. A type of democracy in which the will of the state is formulated and
expressed through a relatively small and selected body of officials chosen
by the people to act as their representatives. (a. titular b. absolute
c. pure d. representative).

19. A form of government which has a single supreme will from which
radiates all political power. (a. federal. b. Parliamentary
c. Presidential d. Centralized).

20. A form of government in which the executive and the legislative are
fused, because the members of the cabinet are also members of the
legislature and the party in power. (a. federal. b. Centralized
c. Presidential d. Parliamentary).

21. A form of government wherein it separates the legislative and executive

power to prevent political despotism (a. federal. b. Parliamentary
c. Presidential d. Centralized).

22. A form of government which controls all aspects of the peoples’ life.
(a. authoritarian b. capitalist c. Totalitarian d. Socialist ).

23. A government whose economic activity are guided by freedom of

enterprise.
(a. authoritarian b. Totalitarian c. capitalist d. socialist)

24. An economic policy which place collective ownership of the means of

production and government management over a large part of economic
activity in the country.
(a. authoritarian b. capitalist c. Totalitarian d. socialist).

vi
25. The power of president to stop a bill passed by the legislature (a. veto
power b. police power c. power to tax d. executive power).

26. Which is considered as the fundamental law of the land?

(a. ordinance b. constitution c. statute d. codes of law).

27. A good written constitution must possess one of the characteristics.

(a. brief b. clear c. practical d. logical).

28. A set of rules promulgated by the governing authority and enforced by

the courts. (a. treaty b. policy c. rules d. law ).

29. A person who enjoys a special legal status, which may be acquired at
birth including all the obligations and benefits in relation to a sovereign
state (a. alien b. citizen c. immigrant d. subject).

30. Who is that person who are either temporary visitors in the territory
of another state? (a. alien b. citizen c. immigrant d. subject).

31. What is the principle of citizenship which adheres that the nationality
of the child at birth follows that of the parents, or of one of them? (a.
jus soli b. repatriation c. jus sanguines d. expatriation).

32. What principle of feudal origin, based on the idea that individuals are
attached to the land where they are born? (a. repatriation
b. expatriation c. jus sanguines d. jus soli ).

33. Citizens, who banished themselves from their native countries and
acquired a foreign citizenship, may regain their citizenship through
(a. jus soli b. repatriation c. jus sanguines d. expatriation ).

34. A jus sanguines citizen may lose his citizenship if he fails to indicate
his choice upon reaching the age of (a. childhood b. adulthood c.
majority d. minority )

35. A method by which an elected official may be removed from office

during and before the expiration of his term. (a. Initiative b. Recall
c. Suffrage d. Referendum).

36. The exchange of favors among legislators, and it goes this way you vote
for my bill and I’II vote for yours. (a. pork barrel b. featherbedding
c. gerry-mandering d. horse-trading ).

37. When a legislator is trying to build an empire or trying to make their

own positions more comfortable at the expense of public funds or other
officials. (a. horse-trading b. featherbedding c. gerry-mandering
d. pork barrel ).

vii
38. The division of the population or districts in order to create more votes
for certain political parties. (a. horse-trading b. featherbedding
c. gerry-mandering d. pork barrel ).

39. A source of funds used by legislators to add to their campaign or

personal expenses (a. horse-trading b. featherbedding
c. gerry-mandering d. pork barrel ).

40. The Supreme Court shall be composed of a Chief Justice and how
many Associate Justices? (a.10 b. 12 c.14 d.16).

41. What is the age requirement to be a member of the Supreme Court?

(a. 20 b. 30 c.40 d.50).

42. Who appoints the members of the Supreme Court and judges of lower
courts? (a. President b. Vice President c. Senate President
d. Speaker of the House).

43. The study of the nature and effects of the government´s use of fiscal
instruments such as taxing and spending, borrowing and lending, and
economic planning. (a. administration b. Budget c. Public Finance
d. Taxes ).

44. It is a compulsory charges on income, property, goods, and services

which are imposed by the government on individuals and groups.
(a. administration b. Budget c. Public Finance d. Taxes ).

45. It is a formal statement of the anticipated income and expenditures

prepared by the government for the next fiscal year (a. administration
b. Budget c. Public Finance d. Taxes).

46. It is a method of appointing civil service employees who have earned

the patronage of influential politicians through personal or political means.
(a. spoils b. merit c. demerit d. operational ).

47. It is a method of appointing civil service employees in which a

candidate demonstrates his ability for the position through competitive
examinations or through the possession of special talents. (a. merit
b. spoils c. demerit d. operational ).
48. The doctrine of separation of powers in the three branches of
government is espoused by ( a. Aristotle b. Plato c. Machiavelli
d. Montesquieu).

49. The chief executive in the Philippine bureaucracy is the (a. President
b. Vice President c. Senate President d. Speaker of the House).

50. Tenure of office of the President of the Philippines. (a. 2 years

b. 4 years c. 6 years d. 10 years).

viii
 Unit 1

The Study of Political Science

Learning Outcomes

After undergoing this unit, you should be able to:

a. Explain the meaning of political science.
b. Analyze the birth and development of political science.
c. Make an analysis on the importance of studying political science.

Definition of Political Science

Political science may be defined as the study of state and government. The word
“political” comes the Greek word polis, which means a “city-state” the only form of
government known to the ancient Greeks. The word “ciencia” meanwhile, means
knowledge or study. From the word polis comes other derivatives, such as polites
(citizen) and politikos (government and politics.

The Birth and Development of Political Science

Political science began as early as the 14th century B.C. when Aristotle (384-322
B.C.)wrote politics, the first systematic work on political affairs. This
book,written about 335-332 B.C. won for him the title of “Father of Political
Science”

As a branch of modern learning, political science has undergone three

chronological and overlapping stages of development.
a. Religious stage
b. Metaphysical stage
c. Modern stage

In the early religious stage, in this stage the leaders of government with its laws
was believed to be divinely-inspired. For example during the pre-Spanish, the
Philippines adhere that their power came from Bathala that is why the ancient
datu ruled as chief executive, legislator and judge.

In Metaphysical stage, the state was considered as human institution and it was
almost worshipped as perfect institution. Aristotle and Plato thought that the
state was the highest potential of the individual. Aristotle defined that man is by
nature a political animal and that state was established for the graters number of
citizens.

In modern stage, the state was still considered as human institution but it was
deemed capable of being improved by rulers and subjects according to principle
and laws. This was ushered in by Niccolo Machiavelli (1469-1527), a Renaissance
writer of The Prince, a handbook for rulers in the government. Thus Machiavelli is
often credited as the “Father of Modern Politics”

Why Study Political Science?

First, ours is the age of politics, in which government has become the business of
everybody. Whether we like it or not, we are part of the government from the

1
moment we are born to the day we die. Our birth, marriage and death must be
registered with the state.

Second, the study of political science enable us to know more about the rights
and duties as citizens, the structure and functions of different branches of
government and our relations with other countries.

Third, the study of political science broadens man’s cultural background. We

must also know about the state and government by way of broadening our
knowledge- the functions of state, law, diplomacy, public finance, etc.

Finally, political science provides the needed background for those who intend to
enter the profession of law, Foreign Service, public administration, business,
education, and journalism. The activities of these professions are intimately
linked with the affairs of government.

2
Name: Score:
Essay: Write comprehensively and present evidences in every questions that
follows. Refer to the rubrics that follows for the point system in each item.

1.What is the meaning of Political Science?

2. In what stage of development you adhere or believed as the political science

best stage? Why?

3
 3. In your own opinion, what is the importance of studying political science?

Teacher’s Feedback:

4
 Scoring Rubrics
CRITERIA / SCALE -3- -2- -1- -0-
Exceeds Expectations Meets Expectations Needs Improvement Inadequate
Structure
Paper is logically Paper has a clear There is some level of There is no apparent
Organization organized organizational organization through organization in the
structure with some digressions, ambiguities, paper.
Flow of thought Easily followed
digressions, irrelevances are too many
Difficult to follow
Transitions Effective, smooth, and ambiguities or
Difficult to follow
logical transitions irrelevances No or poor transitions
Format
Ineffective transitions
Professional format Easily followed No format
Rambling format
Basic transitions
Structured format
Grammar/mechanics
Manipulates complex Uses complex sentences Uses compound sentences Uses simple sentences
sentence structure sentences for effect/impact
Few punctuation Too many punctuation
punctuation/mechanics No punctuation or or mechanical and/or mechanical
mechanical errors errors errors
Language
Vocabulary is Vocabulary is varied, Vocabulary is used Vocabulary is
Vocabulary; use sophisticated and correct specific and properly though unsophisticated, not
of vocabulary as are sentences which appropriate sentences may be simple used properly in very

5
vary in structure and simple sentences.
Tone Frequently uses Infrequently uses
length
subject-specific subject-specific Uses subject-specific
Uses and manipulates vocabulary correctly vocabulary correctly vocabulary too
subject-specific sparingly
Writer’s tone emerges Writer’s tone exhibits
vocabulary for effect
and is generally some level of audience
Writer’s tone is clear, appropriate to the sensitivity
consistent and appropriate audience
for the intended audience
Content/information
The central idea is well Central idea and clarity The central idea is Central idea and clarity
Clarity of purpose developed and clarity of of purpose are generally expressed though it may of purpose are absent
purpose is exhibited evident throughout the be vague or too broad; or incompletely
Critical and
throughout the paper essay Some sense of purpose is expressed and
original thought
maintained throughout maintained
The abundance of evidence Evidence of critical,
Use of examples the essay
of critical, careful thought careful thought and Little or no evidence of
and analysis and/or insight analysis and/or Some evidence of critical, critical, careful thought
insight careful thought and or analysis and/or
Evidence and examples
analysis and/or insight insight
are vivid and specific, There are good,
while the focus remains relevant supporting There are some examples There are too few, no
tight examples and evidence and evidence, though examples and evidence
general or they are mostly
irrelevant
 State

Learning Outcomes:
After undergoing this unit, you should be able to:

a. Explain on what you best considered as the most essential element of the
state.
b. Defend your position on what particular theory best explain the state origin.
c. Differentiate the three (3) inherent powers of the state.
d. Compose an essay on what particular or most important duty should a state
may give to its people.

STATE

State is a political entity with defined territory, organized government, by which

permanent population renders habitual obedience .

State Has Four Elements Namely:

1.People
2.Territory
3.Government
4.Sovereignty

People
The people in a state must be sufficient in number and capable of maintaining
it’s existence. While there is no fixed number required the people as an element
requires the presence of both sexes for purposes of pro creation , it must be
sufficient for self-governance and capable of defending itself in order to maintain
its permanent existence under the principle of state continuity.

Territory
No specific area is required but the territory must be enough to provide for its
maintenance, development and growth.

Government
A stable government with great number of inhabitants is rendering continuous
obedience.

Sovereignty
It is the right to exercise the functions of the state to the exclusion of another
state.

Theories on the Origin of State

The following are accepted theories that explained how state is created;

Divine Right Theory

This theory maintained that god created the state. God chooses rulers through
prophets, and that paved way for the formation of government. All are bound to
obey the laws promulgated by the rulers.

6
Questioning the authority of the rulers is similar to questioning the authority of
god. There is already disobedience on two authorities, god and the rulers.

Social Contract Theory

This theory maintained that state is created through voluntary agreement entered
by the people. People formed the state by surrendering their rights to an agency
in order to maintain peace and harmony, promote their welfare and settle their
differences. The source of the authority of the government is the “consent of the
people”.

This means that the government is not the ruler, but the servant of agent of the
citizens; it means that the government as such has no rights delegated to it by
the citizens for a specific purpose.

Force Theory
This theory claimed that state is created out of the imposition of will by the strong
to the weak. The strong asserted their power through force and compelled the
people to obey their laws.

Economic Theory
This theory asserts that state is formed out of economic dependence of man to his
fellow being. Man needs his fellow being to satisfy his needs through exchange of
goods and services, which led to the formation of society and state.

Patriarchal Theory
This theory held that state is a product of evolution from the smallest unit of
society – the Family. Gradually, the family grows into a clan and later on was
developed into tribe, the tribe into nation, and the nation into the state.

Inherent Powers of the State

Every sovereign state has inherent rights called as inherent powers. These powers
are necessary and indispensable because state cannot be effective without them.

These powers enable the government to interfere or limit the rights of the
inhabitants subject to certain conditions prescribed by law.

Inherent powers are limited by bill of rights. These powers are: police power,
power of eminent domain and power of taxation.

Police Power

It is the power of the state to restrain liberty and regulate property and enact
laws that will protect the people and promote their welfare.

It is the most pervasive and least limitable powers of the state. The power
emanates from Latin maxim “salus populi est suprema lex” which means, “the
welfare of the people is the highest law.”

Police power is generally exercise by the Congress, President of the Republic,

administrative bodies, and local government units.

7
Power of Eminent Domain

It is the power of the state to take private property for the public use after giving
appropriate monetary compensation to the owner. Usually, the property that is
taken is land. This power is also called power of expropriation.

Power of eminent domain is generally exercised by the Congress, President of the

Republic, local government units and public corporations like the MWSS; quasi-
public corporations like PLDT and MERALCO.

Power of Taxation

It is the power of the state to imposed burdens and charges upon persons,
property and property rights to enable the government operate and perform its
appropriate functions. Congress and local government units generally exercise
power of taxation. It can be delegated to the President and other administrative
bodies.

8
 Scoring Rubrics
CRITERIA / SCALE -3- -2- -1- -0-
Exceeds Expectations Meets Expectations Needs Improvement Inadequate
Structure
Paper is logically Paper has a clear There is some level of There is no apparent
Organization organized organizational organization through organization in the
structure with some digressions, ambiguities, paper.
Flow of thought Easily followed
digressions, irrelevances are too many
Difficult to follow
Transitions Effective, smooth, and ambiguities or
Difficult to follow
logical transitions irrelevances No or poor transitions
Format
Ineffective transitions
Professional format Easily followed No format
Rambling format
Basic transitions
Structured format
Grammar/mechanics
Manipulates complex Uses complex sentences Uses compound sentences Uses simple sentences
sentence structure sentences for effect/impact
Few punctuation Too many punctuation
punctuation/mechanics No punctuation or or mechanical and/or mechanical
mechanical errors errors errors
Language
Vocabulary is Vocabulary is varied, Vocabulary is used Vocabulary is
Vocabulary; use sophisticated and correct specific and properly though unsophisticated, not
of vocabulary as are sentences which appropriate sentences may be simple used properly in very

9
vary in structure and simple sentences.
Tone Frequently uses Infrequently uses
length
subject-specific subject-specific Uses subject-specific
Uses and manipulates vocabulary correctly vocabulary correctly vocabulary too
subject-specific sparingly
Writer’s tone emerges Writer’s tone exhibits
vocabulary for effect
and is generally some level of audience
Writer’s tone is clear, appropriate to the sensitivity
consistent and appropriate audience
for the intended audience
Content/information
The central idea is well Central idea and clarity The central idea is Central idea and clarity
Clarity of purpose developed and clarity of of purpose are generally expressed though it may of purpose are absent
purpose is exhibited evident throughout the be vague or too broad; or incompletely
Critical and
throughout the paper essay Some sense of purpose is expressed and
original thought
maintained throughout maintained
The abundance of evidence Evidence of critical,
Use of examples the essay
of critical, careful thought careful thought and Little or no evidence of
and analysis and/or insight analysis and/or Some evidence of critical, critical, careful thought
insight careful thought and or analysis and/or
Evidence and examples
analysis and/or insight insight
are vivid and specific, There are good,
while the focus remains relevant supporting There are some examples There are too few, no
tight examples and evidence and evidence, though examples and evidence
general or they are mostly
irrelevant
Name: Score:
Essay: Write comprehensively and present evidences in every questions that
follows. Refer to the rubrics at the previous page for the point system in each
item.

1. Explain on what you best considered as the most essential element of the
state?

2. Defend your position on what particular theory best explain the state origin.

10
3. Compare and contrast the inherent power of the state.

4. Compose an essay on what particular or most important duty should a state

may give to its people.

Teacher’s feedback:

11
12
 Law and Jurisprudence

Learning Outcomes:

After undergoing this unit, you should be able to:

1. Differentiate law from jurisprudence.
2. Compare and contrast Law from Ethics.
3. Gain understanding on how to abide laws of the state.

Concepts of Law
The term “law” is ordinarily given a variety of meaning. Originally derived from an
old teutonic word lag (meaning something which lies evenly or fixed). It is used to
denote that which is “uniform”. Usually, writers speak of law in a non-legal
manner, such as (1) Divine Law meaning the rules which regulate the operation
of the universe in accordance to the will of God. (2.) Natural Law, meaning the
sum total of all rules of life established by divine inspiration and respected by all
nations. (3.) Moral law, meaning a set of rules pertaining to human concepts of
bad and good (4.)Physical Law, the laws of physical science concerning sequence
of cause and effects and (5.) Social law, the rules existing in a limited section of a
community and enforced by that section within itself.

Meaning of Law
Law is a set of rules promulgated by the governing authority and enforced by the
courts. According to Austin Ranney, “Law is the body of rules emanating from
government agencies and applied by the courts.
William Brickstone define law as a rule of action presented by some superior, and
which the inferior is bound to obey.
Jurisprudence simply means the science of law.

Origin and Sources of Law

Religion. The ancient laws had the force of divine inspiration and their disregard
was believed to bring to the malefactors the severe penalties which God imposed.
Customs. Primitive people generally settled their disputes according to their
customs. The tribal judges, the chieftain, the village elders, rendered their
decisions on the light of their customs
Equity. In its simplest connotation, equity means equality or justice, where an
existing law cannot be applied to a particular case, or where it would obviously be
unfair to do so
Constitutions is the basic law of the land, which defines the existence framework
of government and guiding principles. As such, it is supreme to all other written
laws, including legislations,
Legislation. This is the most common source of law. Laws that are enacted by the
legislature are called enacted laws or statutes. These laws are supreme over
executive proclamations and they can override judge-made laws. In case of
conflict between a statute, law and customs, the statute law will prevail.
Treaties. International treaties, agreements and protocols signed and ratified by
the state become as binding as to ordinary legislation. They enter into
international obligation and becomes a part of the national law.
Executive proclamations. Orders are issued by the chief executive to implement
legislation made by legislature in the case of strong executive however, they may
also possess law making power by the issue of decrees or edicts. Dictators, kings,

13
or totalitarian regimes operate according to the latter system. In a democracy, the
executive is limited to the power to implement the law.
Judicial decisions. The decisions of judges constitute one of the main sources of
law. These decisions usually have the binding force of law thus, they are
commonly called judge-made laws. The legal principles laid down by the courts
became precedent which may be applied to future cases of a similar nature.
Legal commentaries. Legal commentaries of great jurists and other modern
writers on law are considered to be veritable wellsprings of legal truth. These
commentaries lay down guiding principles for possible cases consequently
providing the basis for new law.

Kinds of Law
1. According to the extent of their application
2. According to the character of the person concerned.
According to form

Municipal and International Law

Municipal Law does not in this case mean the local ordinances of the municipality
or municipio. Instead, in the general definition, Municipal law means national law
or the collection of national and local laws issued and enforced by the state to
regulate the relation of its citizens. International Law on the other hand means
the set of treaties, customs, or rules which govern the conduct of state in their
relations with one another. Meanwhile, municipal law may be divided into the
following;
General Law. The aggregate of all national laws passed by the law making body to
govern all persons and conditions within the state.
Local ordinances. The laws enacted by competent authority in a political
subdivision of the state.
Conventional law. The rules and regulations which certain person by common
agreement bind themselves to with respect to certain specific transaction.
Autonomic Law. The rule and regulations prescribed by an association of persons
for their organization.
Martial law. The rules and regulations for the discipline of the Armed Forces of a
country. Martial law may also mean the declaration of a national situation
whereby the military shall rule the state replacing the civilian authorities

Public and Private Law

According to the persons affected by the law, it is either public or private. Public
Law regulates relations of the state and individuals. Criminal law defines the
acts and procedures for criminal acts. Criminal acts are considered as crime
against the state even if they are committed against individual.

Written and Unwritten Laws.

Written law is easy to understand. It is the law in formal written form. Laws
passed by the legislature are given numbers and published in the official gazette
in this country. Unwritten Law meanwhile is the source of law which has not
been enacted in a formal manner by the legislature but is the result of flexible,
continuous growth. Unwritten law does not necessarily mean that it is not
written. Indeed, it may be inscribed in stone or metal or written down in several
documents.

14
Law and Ethics

In their origin, law and ethics were identical for both arose as the result of habit
and experience in the primitive social life when moral and political ideas were not
separated. Notwithstanding the close connection of law and ethics there exist
grounds of difference between them.
First, they differ in their subject matter. Law is concerned only with the outward
acts of man as they affect his relation with other men in the state while ethics
pertains to both outward an inward acts of man including his thoughts, motives
and conduct.
Second, they differ in their sanctions. Law is enforced by the power of the state
while ethics or moral precept is enforced by individual conscience or public
opinion.
Third, they differ in purpose for which they exist. It is preferable however, that a
close connection exist between ethics and law. Politics to be good should be based
on Godly principles. An immoral people would obviously make a bad state and a
bad state necessarily mean bad laws.

15
 Scoring Rubrics
CRITERIA / SCALE -3- -2- -1- -0-
Exceeds Expectations Meets Expectations Needs Improvement Inadequate
Structure
Paper is logically Paper has a clear There is some level of There is no apparent
Organization organized organizational organization through organization in the
structure with some digressions, ambiguities, paper.
Flow of thought Easily followed
digressions, irrelevances are too many
Difficult to follow
Transitions Effective, smooth, and ambiguities or
Difficult to follow
logical transitions irrelevances No or poor transitions
Format
Ineffective transitions
Professional format Easily followed No format
Rambling format
Basic transitions
Structured format
Grammar/mechanics
Manipulates complex Uses complex sentences Uses compound sentences Uses simple sentences
sentence structure sentences for effect/impact
Few punctuation Too many punctuation
punctuation/mechanics No punctuation or or mechanical and/or mechanical
mechanical errors errors errors
Language
Vocabulary is Vocabulary is varied, Vocabulary is used Vocabulary is
Vocabulary; use sophisticated and correct specific and properly though unsophisticated, not
of vocabulary as are sentences which appropriate sentences may be simple used properly in very

16
vary in structure and simple sentences.
Tone Frequently uses Infrequently uses
length
subject-specific subject-specific Uses subject-specific
Uses and manipulates vocabulary correctly vocabulary correctly vocabulary too
subject-specific sparingly
Writer’s tone emerges Writer’s tone exhibits
vocabulary for effect
and is generally some level of audience
Writer’s tone is clear, appropriate to the sensitivity
consistent and appropriate audience
for the intended audience
Content/information
The central idea is well Central idea and clarity The central idea is Central idea and clarity
Clarity of purpose developed and clarity of of purpose are generally expressed though it may of purpose are absent
purpose is exhibited evident throughout the be vague or too broad; or incompletely
Critical and
throughout the paper essay Some sense of purpose is expressed and
original thought
maintained throughout maintained
The abundance of evidence Evidence of critical,
Use of examples the essay
of critical, careful thought careful thought and Little or no evidence of
and analysis and/or insight analysis and/or Some evidence of critical, critical, careful thought
insight careful thought and or analysis and/or
Evidence and examples
analysis and/or insight insight
are vivid and specific, There are good,
while the focus remains relevant supporting There are some examples There are too few, no
tight examples and evidence and evidence, though examples and evidence
general or they are mostly
irrelevant
Name: Score:
Essay: Write comprehensively and present evidences in every questions that
follows. Refer to the rubrics at the previous page for the point system in each
item.

1. Differentiate law from jurisprudence

2. Compare and contrast Law from Ethics.

4 .Do you think Filipinos are law abiding? Explain your answer.

17
5. In a 1/8 sheet of illustration board, make a collage/pictures on how you will
abide laws of the state. (Write a caption below the pictures.

Teacher’s Feedback:

18
 The Constitution

Learning Outcomes:

After undergoing this unit, you should be able to:

1. Infer the importance of constitution.
2. Determine the advantages and disadvantages of Written and Unwritten
Constitution.

Meaning of Constitution

Constitution is a body of rules and principles in accordance with which the

powers of sovereignty are exercise.
Constitution came from the Latin word constituo, which means “fixed, establish
and settled.

What is the importance of constitution?

It serves as the foundation of the government.

It defining the structure of the government.
It demonstrating certain principles on which the government is and should be
found.
It tells the relationship between the state and its organs and its citizens, their
rights and obligation.
The constitution embodies the ideals and aspirations of the Filipino people and
the promotion of their welfare

Purpose of the Constitution

To define the organization of the government.
To determine distribution of governmental powers.
To establish principles governing the operation of government.
To define the rights of individual citizens.
To hold the state together.

Classification of the Constitution

As to their origin and history.

Conventional or enacted
enacted by a constituent assembly or enacted by monarch.

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

As to their form.

Written - this has been given definite form at particular time

Unwritten - which is 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 charter, usually bearing dates.

19
As to manner of amending them.

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

Advantages of Written Constitution

It has the advantages of clearness and definiteness.

It protects the people from frequent and violent fluctuations of public opinion.
It gives strong feeling of right and powerful impetus to action to have the written
law clearly on one’s side.
It serves as guide and bases of the people when their rights and liberties are
invalid or endangered.

Disadvantages of Written Constitution

It establishes iron-clad rules which are difficult to changes even if found

inconvenient or oppressive.
It is often construed on technical principles rather than in the light of great
principles.
It is likely to invade the domains of ordinary legislation.

Advantage of an Unwritten Constitution

It is flexible and elastic, which is reflective at all times to the correct expression of
the progressive and changing necessities of the state.

Disadvantage of Unwritten Constitution

It is subject to perpetual changes at the will of the law making power.

Requisites of a Good Written Constitution

A good written constitution must be broad in its scope, brief in its content, and
definite in its principles.

A constitution must be broad in its scope because it must outline an organization

for the government for the whole state.

A constitution must be brief because it is not the place in which the details of
organization should be set forth.

A constitution must be definite because it must be clear and unambiguous in

principles underlying the essential features of government.

Constitution distinguished from state

20
Constitution is legislation direct from the people, where statute is legislation from
the people’s representative.
Constitution is intended not merely to meet existing condition but to govern the
future, while statute is intended primary to meet existing condition only
Constitution is merely states the general framework of the law and the
government, while statute provides the details of the subject of which is treats.
Constitution is the supreme fundamental law of land while statutes must
conform

Ways of amending the Constitution

1. By Constituent
2. By Constitutional Convention
3. By People through Initiative

History of Philippine Constitution

Malolos Constitution- Nov.29, 1898

1935 Constitution- July 30, 1934 to Feb. 8, 1935
1973 Constitution- Jan. 17, 1973
The 1987 Constitution- Feb. 2, 1987

21