PHILIPPINE GOVERNMENT WITH NEW CONSTITUTION

(SOC SCI 1)

A. CONCEPT OF STATE AND GOVERNMENT

Meaning of State
A state is a community of persons more or less numerous, permanently occupying a
definite portion of territory, having a government of their own to which the great body of
inhabitants render obedience, and enjoying freedom from external control.
Elements of State
a. People This refer to the inhabitants living within the state.
b. Territory It includes not only the fixed portion of land over which the jurisdiction of
the state extends, but also rivers and lakes therein, a certain area of the sea which
abuts upon its coasts and the air space above the land and water.
c. Government it refers to the agency through which the will of the state is
formulated, expressed and carried out.
d. Sovereignty The term may be defined as the supreme power of the state to
command and enforce obedience to its will from people its jurisdiction, to have
freedom from foreign control.
a) Internal the power of the state to rule within its territory; and
b) External The freedom of the state to carry out its activities without subjection
to or control by other states.

Origin of the States

1. Divine Right Theory - It holds that the state is of divine creation and the ruler is
ordained by God to govern the people.
2. Necessity or Force Theory It maintains that states must have been created
through force.
3. Paternalistic Theory It attributes the origin of states to the enlargement of the
family which remained under the authority of the father or mother.
4. Social contract theory It asserts that the early states must have been formed by
deliberate and voluntary compact among people to form a society and organize
government for their common good.
Forms of Government
1. As to number of persons exercising sovereign powers:
a. Monarchy one in which the supreme and final authority is in the hands of a
single person.
a) Absolute Monarchy - The ruler rules by divine right.
b) Limited Monarchy The ruler rules in accordance with a constitution.
b. Aristocracy the political power is exercise by a few privileged class.
c. Democracy - The political power is exercised by a majority of the people.
1) Direct or pure Democracy the will of the state is formulated or
expressed directly and immediately through the people in a mass
meeting or primary assembly.
2) Indirect, Representative, or Republican Democracy The will of
the state is formulated and expressed through the agency of a

relatively small and select body of persons chosen by the people

to act as their representatives.

2. As extent of powers exercised by the Central or National Government:

a. Unitary Government The control of national and local affairs is exercised by
the central or national Government; and
b. Federal Government The power of the government are divided between two
sets of organs, one for national affairs and the other for local affairs.
3. As to relationship between the executive and the legislative branches of the
government:
a. Parliamentary Government - The State confers upon the legislature the
power to terminate the tenure of office of the real executive.
b. Presidential Government The state makes the executive constitutionally
independent of the legislature as regards his tenure and to a large extent as
regards his policies and acts.