State & Government & Constitution

What is State?
- Politically speaking it is defined as a community of persons more or less numerous living in a definite
territory possess a government and entirely free from external control.

Basic elements of a State

 People
 Territory
 Government
 Sovereignty

Sovereignty
-The fourth essential element of the stat is sovereignty.
- The word “SOEVEREIGNTY” means supreme and final legal authority above and beyond which no legal
power exists.

2 aspects of sovereignty:

1. Internal sovereignty
- means that the state is supreme over all its citizens, and association.
2. External sovereignty
- means that the state is independent and free from foreign or outside control.

Characteristics of sovereignty
1. Absolute
2. Permanent
3. Indivisible
4. Exclusiveness
5. Inalienable

The three inherent powers of the state:

1. Police Power – the power to enact laws for the promotion of public safety and order, public
health, public morals, education, and general welfare.

2. Taxation Power – the power to exact proportional contribution from the people to defray
the cost of governmental expenditures.
3. Power of eminent domain – the power to take private property for public use upon payment
of just compensation.

What is Government?
- The organization that people set up to protect their community and to enforce its rules.
- Role of government is to protect the lives, liberties, and property of members of the
community.
- Governments also provide services that individuals cannot provide on their own.
- Governments are given power – the authority use to force – to exercise authority.

6 Purposes of Government
1. Form a more protect perfect union – to link the states together
2. Establish justice – fair, reasonable, and impartial law
3. Insure domestic tranquility – ensure peace
4. Provide for the common defense – defend countries
5. Promote the general welfare – protect the quality of life
6. Secure the blessings of liberty - freedoms

Functions of Government
1. Constituent Function – those which constitute the bond of society, and are therefore, compulsory in
nature.
2. Ministrant Functions – those under taken by way of advancing the general interest of society and are
therefore optional, such as public works, public education.

Types of Government
- Democracy- rule by many
- Monarchy -rule by one
- Oligarchy – rule by few
- Anarchy – rule by none
- Dictatorship – rule by one

Forms of Government

1. Limited Monarchy – king and queen is the head of the state, but power limited by a
representative governing body.
Examples:
- Parliament in Great Britain and Queen Elizabeth in England
Magna Carta helped to form this so that common people would have a voice
2. Absolute Monarchy – king/queen has total power and rule
Examples:
- Japan and parts of Asia and Africa
Often results in abuse of the people because of its control

3. Dictatorship – Absolute rule and is not restricted by laws or constitution

Examples:
- Cuba
People have no freedoms and powers

4. Aristocracy – rule by privileged upper class

Examples:
- Gov’ts from the middle ages
rule by the best” no longer exists as a government, but exists in conjunction with monarchy

Government: Division of Powers

Government Legitimacy
De jure vs. De facto (Declared Vs. In Practice)

-De Jure – by right, according to law

- De jure standards are declared to be the standards – often by consortium
- Often but not always not always open
De Facto – in reality, as a matter of fact
- De Facto standards grow to become adopted as standard
- Often but not always proprietary
- Strong backwards compatibility needs

What is constitution?
- Is a set of laws/principles may be written or unwritten on which a country is
acknowledged to be governed
- The system of fundamental laws and principles that prescribes the nature, functions,
and limits of a government or another institution.
- Body of rules which regulates the system of government within a state.
Purposes and Functions of a Constitution
- Defines and limits government’s power
- Lists the rights of the people
- Establishes the structure of government
- Provides the rules and operating procedures for government
- Serves as:
 The supreme law of the land
 Fundamental law of the land

CLASSIFICATION OF CONSTITUTION
A. As to their origin and history
1. Conventional or Enacted – one which is enacted by a constituent assembly or granted by a
monarch to his subjects like the Constitution of Japan in 1889.

2. Cumulative or Evolved – one which is a product of growth or long period of development

originating in customs, traditions, judicial decisions, rather than from deliberate and formal
enactment.

B. As to their form
1. Written – one which has been given definite written form at a particular time, usually by an
especially constituted authority called a ‘constitutional convention’.
2. Unwritten – one 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 a statutory
enactments of a fundamental character, usually bearing different dates.

C. As to manner of amending them

1. Rigid or Inelastic – one 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
2. Flexible or Elastic – one which possesses no higher legal authority than ordinary laws and
which may be altered in the same way as other laws.

The Philippine Constitution may be classified as conventional or enacted, written and rigid or
inelastic. It was drafted by an appointive body called “Constitutional Commission”
Requisites of a good written constitution
As to form
1. Brief – It only outlines the structure of the government of the whole state and the rights of
the citizens.
2.Broad – It is a comprehensive statement of the powers and functions of government and of
the relations between the governing body and the governed.
3. Definite – in order to ensure easy and clear interpretation and application of its provisions to
concrete situations.

As to contents
1. Constitution of government – It deals with framework of government and its powers and
defines electorate as well.
2. Constitution of Liberty – It sets of forth fundamental rights of the people and imposes
certain limitation on powers of government as a means of securing enjoyment of these rights.
3. Constitution of Sovereignty – it points out the mode or procedure for the amendment or
revision of the constitution.

1897 Constitution
- Philippine’s first constitution
- Called “Biak- na- bato Constitution”
- Written by Isabelo Artacho and Felix ferrer
- Lasted only until General Aguinaldo and Governor General Primo de Rivera signed the Pact of
Biak-na-bato.
- Created in accordance with the establishment of the Biak-na-bato republic
- Almost the same as Cuba Constitution of Jimaguaya.

Malolos Constitution
- Written by Felipe Calderon
- Ratification and proclamation held at Barasoain Church in Malolos
- Created in accordance with the establishment of the first Philippine Republic, 1899.
- Lasted until the Philippine American war

1935 Constitution
- Witten by Claro M. Recto
- Created in accordance with the establishment of the Commonwealth Republic.
- Tydings-Mcduffie Law of 1934 caused the drafting of the 1935 constitution.
- Effectivity was halted during the Japanese occupation but continued in 1946 until 1972
- Constitution had to be approved by Pres. Franklin Roosevelt.
- Ratification of constitution included women for the first time.
1943 Constitution
- Drafted by PCPI
- Created in accordance with the establishment of the Second Philippine Republic or Puppet
Republic
Main purposes are:
1. To make Filipinos believe that they would be given independence
2. To allow the Japanese to have more influence over Philippine territory and resources
- lasted until the end of Japanese occupation ,1945

Martial Law Constitution (1973)

- The 1973 constitution, promulgated after Marcos declaration of martial law, was supposed to
introduce a parliamentary-style government. Legislative power was vested in a National
assembly whose members were elected as the symbolic and purely ceremonial head of the state
from the members of the National Assembly for a six-year term and could be re-elected to an
unlimited number of terms.

Freedom Constitution (1986)

- Following the EDSA People Power Revolution that removed President Ferdinand E. Marcos from
office, the new President, Corazon C. Aquino issued Proclamation no.3 as a provisional
constitution. It adopted certain provisions from the 1973 constitution and granted the President
broad powers to reorganize the government and remove officials form office, and mandated
that the president would appoint a commission to draft a new constitution.

The Framing and Ratification of the 1987 Philippine Constitution

 On April 1986, President Aquino issued Proclamation No. 9 creating a constitutional
commission to draft a new constitution as provided for in the freedom constitution.
 President Corazon C. Aquino addressed the opening session on June 12,1986 at the
former Batasang Pambansa Building.
 On October 12,1986, the Constitutional Commission finished its work; and the draft of
the said constitution was submitted to the President on October 15,1986
 On February 2,1987, a plebiscite for the charter’s ratification was held.
 On February 2,1987, the new constitution was ratified and made effective

Preamble
Derived from the Latin word "Preambulare" meaning to "walk before" or "going before".
- It is defined as the preliminary statement of the constitution.
- It states the objectives of the creation of the constitution and its purpose.
- Technically, it is not essential l part of the constitution
Purpose of Preamble
- It indicates the authors of t h e Constitution - the sovereign Filipino people; - It
enumerates the primary aims and aspirations of the framers in drafting the
Constitution;
- It is useful as an aid in the construction and interpretation of the text of the
Constitution.