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Consti 1to7
Consti 1to7
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OUTLINE IN CONSTITUTIONAL LAW 1
State is a legal concept, while the nation of society and are therefore
is only a racial or ethnic concept. compulsory.
2. Ministrant.− Ministrant functions
Elements of state. are those undertaken to advance
the general interests of society,
1. People such as public works, public
2. Territory charity, and regulation of trade and
3. Government industry.
4. Sovereignty
To our Supreme Court, however, the
People distinction between the two is not
relevant in our jurisdiction. Such
People refers simply to the distinction has been blurred because of
inhabitants of the State. the repudiation of the laissez faire policy
in the Constitution (PVTA vs. CIR,
reiterating the rule in ACCFA vs.
Federation of Labor Unions).
Territory Laissez faire literally means “leave us
alone”; it denotes that the government
Territory is the fixed portion of the should play little or no role at all in the
surface of the earth inhabited by the market.
people of the State.
“The national territory comprises Doctrine of Parens Patriae
the Philippines archipelago, with all the
islands and waters embraced therein, One of the important tasks of the
and all other territories over which the government is to act for the State as
Philippines has sovereignty or parens patriae, or guardian of the rights
jurisdiction, consisting of its territorial, of people.
fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine
areas. The waters around, between, and
connecting the islands of the archipelago,
regardless of their breadth and De Jure vs. De Facto Government
dimensions, form part of the internal
waters of the Philippines.” (Art. 1, 1987 1. De Jure.—A de jure government
Constitution) has rightful title but no power or
control, either because this has
Government been withdrawn from it or because
it has not yet actually entered into
Government is the agency or the exercise thereof.
instrumentality through the will of the 2. De Facto.—A de facto government
State is formulated, expressed and is a government of fact, that is, it
realized. actually exercises power or control
but without legal title.
Functions
3 Kinds of de facto Government
1. Constituent.—Constituent
functions constitute the very bonds 1. The government that gets
possession and control of by force
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OUTLINE IN CONSTITUTIONAL LAW 1
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OUTLINE IN CONSTITUTIONAL LAW 1
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OUTLINE IN CONSTITUTIONAL LAW 1
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OUTLINE IN CONSTITUTIONAL LAW 1
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OUTLINE IN CONSTITUTIONAL LAW 1
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OUTLINE IN CONSTITUTIONAL LAW 1
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OUTLINE IN CONSTITUTIONAL LAW 1