I.

THE PHILIPPINES AS A STATE

STATE is community of persons, more or less numerous, permanently occupying a definite portion of
territory, independent of external control, and possessing a government to which a great body of
inhabitants render habitual obedience. See: Collector of Internal Revenue v. Campos Rueda, 42 SCRA23.

STATE is a legal or juristic concept vs NATION is an ethnic or racial concept.

GOVERNMENT is merely an instrumentality of the State through which the will of the State is
implemented and realized.

A. Elements of a State. .

1. People.
Inhabitants [Sec. 2, Art. Ill; Sec. 1, Art. XIII];
Citizens [Preamble; Secs. 1 & 4, Art. II; Sec. 7, Art. Ill]; (iii)
Electors [Sec. 4, Art. VII].

a) As requisite for Statehood: Adequate number for self-sufficiency and defense; of both sexes
for perpetuity.

2. Territory [Art. I; R.A. 3046; R.A. 5446].

a) The National Territory: “The national territory comprises the Philippine archipelago, with all
the islands and waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine areas” [Sec. 1, Art. !].

Archipelagic doctrine of national territory, based on the principle that an archipelago, which consists of a number
of islands separated by bodies of water, should be treated as ONE INTEGRAL UNIT.

i) STRAIGHT BASELINE METHOD: Imaginary straight lines are drawn joining the
outermost points of outermost islands of the archipelago, enclosing an area the ratio of which should
not be more than 9:1 (water to land); provided that the drawing of baselines shall not depart, to any
appreciable extent, from the general configuration of the archipelago. The waters within the baselines
shall be considered internal waters; while the breadth of the territorial sea shall then be measured from
the baselines.

ii) UN Convention on the Law of the Sea [April 30,1982; ratified by the Philippines in
August, 1983] provides (i) Contiguous Zone of 12 miles; (ii) Exclusive Economic Zone of 200 miles.
Although the contiguous zone and most of the exclusive economic zone may not, technically, be part of
the territory of the
.State, nonetheless, the coastal State enjoys preferential rights over the marine resources found within
these zones. See also P.D. 1599, June 11, 1978.

3. Government is The agency or instrumentality through which the will of the State is formulated,
expressed and realized. See U.S. v. Dorr, 2 Phil 332. i)

Government of the Philippines is the corporate governmental

entity through which the functions of government are exercised throughout the Philippines,
including,
save as the contrary appears from the context,
 the various arms through which political authority is made effective in the Philippines, whether
pertaining to the autonomous regions,
the provincial, city, municipal or barangay subdivisions or other forms of local government" [Sec.
2 (1), Administrative Code of 1987].

a) Functions:

i) Traditionally, the functions of government have been classified into constituent, which
are
mandatory