$msg = "";
$myaddress = "sacha" + "@" + "sachachua.com";
$page = "Pos100.php";
$page_title = "Pos 100";
$page_updated = "2004-11-21";
$http_equiv = "Content-Type";
$meta_content = "text/html; charset=utf-8";
$maintainer = "mailto:sacha@sachachua.com";
$home = "WelcomePage.php";
$index = "WikiIndex.php";
$style = <<
discrimination?
... we have the only constitution in the world with the word "love".
how government limits individual rights
taxation
police power
power of expropriation (fair market value)
ex. Moving Sta. Clara Sisters beside PSBA to the other side of the road during MRT trainrail construction
Due process of law/ equal protection at the laws : ( corresponding sections ):
1,7,9,10,11,12,13,14,15,16,17,19,20,21,22
SEC 1 Art. 3
light liberty or property within limitation of due process of law
due process of law
administrative process : artrest
custodial investigation
safe-keeping
in flagrante delicto - caught in the act
fugitives can be arrested without warrant
Custodial inveswtigation
makes sure that your Miranda rights have been applied.
Search and seizure
check immediate area of suspect 1 arms length top, side, front, back
Miranda rights
right to remain silent, counsel, etc, no 3rd degree (torture), badgering, pressurring, intimidating
Custodian VS Temporary detention : temporary detention is for stop and checkpoint ( freedom of movement not limited
ex. Mall entrance check
Tasks
A1 _ Make it a habit to read the paper (2002.12.13) A2 X Come up with concrete plan of action. (2002.12.13) A3 X Short paper on American foreign policy (2003.02.04) A4 X Pick up acetates (2003.02.03) A5 X Do Pos100 homework due Friday (2003.01.17) A6 X Article 2 of Philippine Constitution (2003.01.06) A7 X Look at the readings on http://ilearn.ateneo.edu (2002.12.13) A8 X Find out where the Pos100 handouts are. (2002.12.11) A9 X Write paper for Angara talk (2002.12.02) Notes
2003.02.14:
77! =)
Equal protection of the laws "reasonable classification"
Example: ROTC
Traditionally, women are not combatants
Religious freedom
Freedom of expression/the press
Right to peaceful assembly
2003.02.12: Inherent powers of the government
Review
A state is a ___________________________________
Sovereignty is ____________________________________
___________ is the right to resist/reject any aggression, invasion,
or intervention within territorial boundaries
Name 5 functions needed for the state to persist
Name 5 elements of the state
Really important that invoked by person whose legal rights have been infringed. Also, all extra-judicial methods of resolution should have been invoked.
Type | MTC | RTC |
Civil | <= 100,000 outside Metro Manila | > 100,000 outside MM |
<= 200,000 in Metro Manila | > 200,000 outside MM | |
Criminal | 6 years or less | More than six years |
Sharia - inheritance claims, usually. Can't conflict with our constitution.
en banc
45% of courts don't have judges Quality are more corporate-oriented.
Linguistic fragmentation.
Suggest that we read the chapter on assemblies.
Legislative department Composition Historically 2 senators per region 200 district representatives, 50 party list (1/4) provinces, cities, Metro Manila.. according to population. census determines it.
all tax bills originate there.
1st reading - title, #, author of bill transfer to appropriate committee in committee, most powerful step in lawmaking, a bill can be
2nd reading - debate 3rd reading - vote
then passed to other house
bicameral committee reconciles house and senate bills.
and then to the President. www.gov.congress.ph
Kitchen cabinet.
shadow figures.
prime minister: primus inter pares - first among equals.
What also happens to other foreign policy objectives like democratization and human rights? To help us think through these questions, we're very fortunate to have with us an expert on US foreign policy and decision-making process. Chair and professor of political science department at Iowa State University.
James McCorman.
George Bush on Sept. 11. Pearl Harbor of this time. It is one of those events that occurs very infrequently. A spectacular event that affects a generation, and maybe even affects several generations. About three decades ago, political scientists analyzing how external events affect society observed that only very rare, spectacular events have a levelling effect. They change the mindset of that nation. In the American experience, Pearl Harbor was described as a day of infamy. In George Bush's comparison to that, Sept. 11 was one of those events that really changed the American mindset.
This phase lasted until the early 1990s.
problem with access to weapons of mass destruction
even by the use of preemption by the US
more about power than economic relationship
coercive diplomacy.
guns vs. butter
political will - electorate and government resources
it's not cheap to switch from one type of government to another
Charter change has more repercussions/bearing.
Day 2: Indignation march
supporter legitimization army legitimization - apex
Government pp 59-76 in Politics and Governance: Theory and Practice in the Philippine Context.
who governs? how much government control is permitted? Aristotle's system:
Legitimate forms Corrupt forms Who governs Rule in the interest of the ruled Rule in the interest of the rulers One Monarchy Tyranny A few Aristocracy Oligarchy Many Polity Democracy
Authoritarian - requires only that those ruled obey edicts and limit dissent Totaltarian - seek to comprehensively alter political thinking and sources of allegiance
basic functions of government
rule making
define legal and illegal, what actions are required by which individuals, rights and responsibilitiesrule execution
rule adjudication
other functions
rights of a citizen
How have I contributed to Philippine state as a citizen? To be a citizen of a country means that you are a member of their polity and you enjoy full civil and political rights. Later on we will see the difference between allegiance and citizenship.
National interests.
Definition of terms
allegiance - citizen or national all citizens are nationals, but some nationals are not citizens. example: filipinos owed allegiance to the US, but were not citizens during colonial period. dual citizenship is allowable, dual allegiance is not.
aliens: aliens have rights in other countries - bill of rights
involuntary - by birth voluntary - naturalization, except collective or cession
No triple citizenships here.
International waters and spaces like the UN - you can choose.
1935 - filipino father, alien mother = filipino, but not other way around 1973 1987
Shively chapter 7.
democratic citizen
"social capital"
Mendoza and Manuel for Monday
civilian cars and some other vehicles
PLA got embarrassed by vietnam, so need for reform Had to modernize very quickly. no resources before.
inefficiency - downsized antique hardware
big numbers, but stagnant tech.
bought sophisticated improvements to existing planes
simulation. =) defense spending cut
peasant soldiers growing food army industry - commercial empire
corruption popular discontent - competition with civilians
tourism
artillery
siopao and vegetables, and eggs...
cut off from western arms might be army of sneakers
outgrown its origins china wants to take her rightful place
military power for political influence, not expansion
the great wall of iron
test 4. Essay one okay. Edsa two. Procedural.
We will have one more long test. First week of February. Holiday soon.
Our final exam is not comprehensive, and will just cover article 4 of the bill of rights.
Are all states equally sovereign? Legal standing and moral force. All states should be sovereign, but in practice... How well are states able to protect their sovereignty? The US is more sovereign in the sense that it can protect its sovereignty better than, say, the Philippines can. Internal threats, like secessionists. Immediate external threats to our sovereignty - China, Spratly issue.
"I guess one has to have the heart for it and a sincere desire to help people in order for him to be a good president..." Is heart enough? Problem: favoritism.
The essence of democracy is the right to freely choose the leaders who will govern us.
We hold elections in a democracy not just to pick leaders, but also to debate the direction of our collective life. Elections provide us the opportunity to identify key problems of society and define the most effictive ways of dealing with them. Elections are society's principal mechanism for mobilizing support for new goals and renewing social consciousness. [Alternative visions of government.] We should be choosing people not for who they are but for the direction that they represent. - Randy David.
laissez faire
transactional leadership - micromanagement, but no long-term goals. bargaining. adapting hopes and aspirations to existing condition. Like the way Gloria Macapagal-Arroyo is trying to appease the different groups in politics. No clear view of where she would like the country to go.
transformational leadership - Need the type of leader who can change things. Seeks to address the most fundamental wants and needs. Change the way things are. Chart a new path.
Look at who funds people.
Worried about FPJ, but not about the flaws of the system?
patrimonialism.
Montinola gives a couple of prescriptions.
catch-all parties - try to catch all the interests that they can, which leads to inherent conflicts of interest. They try to make everyone feel that their party's platform is their own. So no character.
no vertical responsibility - candidate to the electorate no horizontal responsibility - candidate to party so no loyalty.
no party line votes. voting of senators flawed because of intraparty competition. every man for himself.
change party to become the party of the President
COMELEC logistics on party list.
party list people treated very differently.
eleksyong pinoy
Do not have to read the part on political parties
Ideally you have plurality - a circulation of elites and a diversity of platforms
hold current administration accountable for their actions
All the flaws in the system comes out in debates and forums and small group discussions. It is during campaign time where a lot of the issues that need to be addressed are brought out. Problem - people don't vote on issues, but on faces.
Top-down approach
especially in totalitarian governments
chance for candidates to observe the groups in action formulate game plan based on demands observe and form their platform around these demands
draw in the population to participate in policy-making
the cheating process starts with registration until the final count. I remember this reporter went from registration area to registration area and registered. She was able to register twice or thrice. Also, every step of the way. Some candidates don't see the point of stuffing ballot boxes or whatever, because you can cheat on the wholesale level. dagdag-bawas phenomenon. That's why groups like NAMFREL are trying to push for fewer steps.
One of the most obvious ways to do that is not recognizing this particular problem. They're lines. The Philippines is the only country left in the world that uses write-in ballots. Why are we the only ones? The write-in ballot encourages name recall, and that is one of the manifestations of the type of campaign you have. If popularity is what your election promotes, then the rest of your government will follow.
On Friday, we will watch a film.
whoever gets the most number of votes - still a minority president "first past the post"
absolute majority
Germany - List system.
like the Philippines
the more basic question which I'd like to ask now is why do people vote? Why do people vote?
"It's fun."
voting is a communal act.
How different states are configured
France - very bureaucratic state is vast. you feel the government. The top school is a bureaucracy school.
Israel - country surrounded by hostile territory. Definitely needs state authority. If not, they would easily succumb to external factors.
China in the early 1940s Mexico in the early 1900s
Certain 3rd World countries Philippines There can be no understanding of the state capabilities without understanding the social structure.
A10 | _ | Pick up Strong Societies, Weak States acetate handout (2002.12.04) |
State != government State > government.
Government is an instrumentality by which the state expresses its will.
[Strong Societies, Weak States acetate #1] According to Weber:
Does your state has the ability to make and implement the binding rules for all people as well as the parameters of rule making or other social organiations in a given territory, using force if necessary to have it their way?
State - highest entity. No one should be able to circumvent the will of the state.
caciques
Social control:
impenetrable barriers
primary organization
definitive social organization of the Filipino
if you look at the tiger economies during the time they were developing, there's one main obvious difference - successful land reform. broke up strong land-owning clans. give back autonomy to the state. take away their base of power. level the playing field.
here, landowners are able to truly pursue their interests on the level of policy making.
rise of crony capitalism
bilaterally
family values not bad, but can have a definite negative effect on the economy
we depend more on the conglomerates
government intervention in the economy?
A11 | _ | Prepare for first long test on December 18 (2002.12.01) |
A12 | X | Pick up a copy of the acetates and readings (2002.12.03) |
Acetates are available at the reserve section
Senator Edgardo J. Angara November 29, 2002 PCI Bank Lecture Hall, SEC B
When I was UP President, we won the UAAP in 1984 - the first time UP had won it in 50 years. Since then it had gone progressively down.
What do you really expect of your country's leaders? Are you better off today than a year ago? Two years ago? Are you exacting the same degree of rectitude from politicians as well as your parents? Or are you accepting whatever the politicians say. Sometimes I'm perplexed at the lack of indignation that Filipinos have against the
led to believe that corruption is a way of life, and that the young are beginning to accept it as a fact of life. 2700 are leaving this country every week - that's how many young people, highly educated, motivated and trained, are leaving this country. Why?
So I came really to make one specific appeal - that we must all join and fight corruption in this country. Corruption has robbed our children of the books and schools and desks and computers that they so desperately need. Every year we hear "Kulang tayo ng mga guro, ng mga libro.." And yet how much do we lose every day in corruption in public works? P 22 B pesos - that's how much we lose every year. Give me P 22 B and I will address all the shortages. And the effect of these shortages is that the Philippines has the largest class size in Asia if not the world. Do you know what is our average class size? Give me a guess. 60? 50? 40? The average is 55 pupils to a classroom. The public school classroom is 20 x 20. If you packed 55 people in that classroom, they are like sardines, and there is no teacher in earth who can effectively deliver learning to that large size. Malaysia and Singapore - their class sizes are 19. China - with its billions of people - 32. Class size is the measure of deficiency in effectiveness in teaching. We lack the money to build those classrooms, to train those teachers.. Not to speak of the fact that we don't train our math and science competitions. Out of 34 countries in international math competitions, we are #2.. from the bottom. That's how bad we are faring in science and mathematics because teachers in public school would teach physics.. who are graduates of physical education, and that is the pathetic state of public education in our country. You are going to possibly the best school in the Philippines - next to UP - but how many millions of Filipinos cannot and will not have your chance at having a crack at the best teachers and the best facilities and the best learning environments? Millions. Millions!
What did the World Bank tell us? A year ago the World Bank conducted a world-wide survey of the level of corruption in the world. What did it tell us? In 20 years, the Philippines lost USD 48 B, and that 48B dollars is more than enough to pay off our foreign debt in that period. Parang umuutang tayo tapos ninanakaw lang ng mga opisyals. Ano yung sinabi ng Transparency International? We are #11 out of 212 most corrupt. What is the practical impact of that bad repuation? FOreign investments don't come in because every time you ask government to act, you have to make lagay. Why would you go to that country when there are many countries you can go for business? THat is why our infrastructure and our roads and our systems are deteriorating, because we don't have the money to rebuild, to repair... What is going to be our deficit at the end of this year? sabi ng gob, 200B. we think that it will hit 250B - a record high. We have to borrow to operate our government, we have to borrow to build... Inflation - interest rates will go up. The cost of living, the price of goods would even be higher.
I want you to be angry, but I don't want you to lose hope, because despite the faults and weaknesses of this country and its leaders, there is hope for us. The Filipinos were always known to be resilient. How come when Filipinos are abroad, they work hard and follow rules? That is how generous and hard-working the Filipino is, and those are the traits that will carry us through this hardship.
How many came from the provinces? I cam from the province. I'm from Baler. It's a very small town - I grew up there. I was educated there. But I never lost faith in my ability. I persevered. I grew up in a time when there was no electricity or reading materials in my home time. I didn't see TV until I came to Manila, when I went to UP. I want to UP because I was a scholar - if not for that fact, I would not have gone to UP. I went to the US and got my MS, offered scholarships by Columbia and Michigan, and I took it. I had an extraordinarily active extracurricular life. I was president this, president that. I was president of the student council and yet I could maintain my grades. Interviews say that they'd like to see the leadership qualities of the applicants; they'd like to see the balance of student life. I want you to maintain your activism and your active involvement in the political science organizations and in any organization that doesn't burn down buildings.
Harvey reminded me that the program will end at 6, which is quite right because I am going to rush to Sheraton.
Don't lose hope. We must be angry at corrupt officials. What am I doing to combat this? On my part, the corruption that we're seeing.. I'm trying to reform the purchasing process of this country. The procurement system of our country... I'm trying to clean up our campaign finance. Who do you think are financing our electoral campaigns? Oligarchs and gambling lords, and now we're beginning to see the drug lords coming in with their drug money. Once they control the government with their money, we will be another Colombia.
Student anti-corruption crusade a watchdog a group that will denounce acts of corruption committed in the government corruption - crimes against your younger brothers and sisters i'd like you to join an anti-corruption crusade. what we are doing now is for you
In his talk entitled "Policies and Issues in Public Education", Senator Edgardo Angara called our attention to the extent of graft and corruption in the educational system and the consequences of such, ending with an appeal to us to help address the problem of corruption. This is not a new problem. We know that graft and corruption is widespread in our country. However, most of us don't do anything about it. There are a number of reasons for our inaction:
First World - national history = corporations + parties + unions + legislature + executive family is aspect of social history, not an institutionthat can direct a nation's destiny Third World - elite family leading actor. object and subject of history
Jean Grossholtz
Only first page available. Where is rest? "Despite the oft-cited significance of elite families in Philippine
financing and dominate state-regulated industries, thereby amassing the largest private fortune in the Philippines".
James Buchanan definition: rents appear when the state uses regulationto restrict "freedom of entry" into hte market. rent = monopoly. competition forsuch monopolies - political process called rent seeking.
Manuel Montes - role of businessmen in state economic planning profit-seeking eco structure - income won/lost on the basis of ability to develop property rent-seeking - ownership alone guarantees wealth include "include/footer.inc.php" ?>