1.

Governments and citizen in a globally interconnected world of States Sir Malit

2. The State and the Government

3. Garner, as cited by Aruego (1994), defines the state as a community of persons, more or less
numerous, permanently occupying a territory, completely free of external control, and possessing an
organized government to which the great body of its inhabitants render habitual independence. It is not
similar to nation. This is because a nation is but a group of people bound together by a common culture.
While state is a political concept, nation is a cultural concept.

4. • It is not also synonymous with the term government. Government is but one of the elements
comprising the state. It is through the government that the will of the state is expressed. Without this
element, a state cannot exist. Another source of difference between these two concepts is permanence.
For of Government can be modified but the state remains unchanged as long as its essential elements
are present.

5. The Elements of State STATE People Territory Government Sovereignty

6. THEORIES ON THE ORIGIN OF THE STATE

7. Divine Right Theory • According to this theory, God created the state. He anointed the ruler to rule
the people. Thus, the ruler’s mandate to rule originated from God. This theory used by monarchs during
the olden times to justify their absolute rule over their subjects.

8. The divinity of the Emperors of Japan • The Japanese concept of the divinity of the Emperor is often
misunderstood by Westerners. Neither the Emperor nor most of his people ever thought that the
Emperor was a God in the sense of being a supernatural supreme being. • From the 6th century
onwards it was accepted that the Emperor was descended from the kami (in this context gods), was in
contact with them, and often inspired by them. • This didn't make him a god himself, but rather
imposed on him the obligation of carrying out certain rituals and devotions in order to ensure that the
kami looked after Japan properly and ensured its prosperity.

9. Force Theory • This theory asserts that the state emerged as a consequence of invasion, occupation,
force or coercion. Prior to the existence of the state, there were those who were able to force others to
accept their leadership through sheer force, invasion, and occupation. These powerful leaders,
therefore, imposed their will upon the weak, which gave rise to the state.

10. Paternalistic Theory • This theory attributes to the expansion of the family the origin of the state. As
a consequence of the intermarriages of children, the family grew into a clan, the clan into tribe, and a
tribe into a nation. As the head of the family, the father governed as the chief ruler of the institution.

11. Rousseau’s Social Contract • This theory asserts that the people deliberately surrendered their
individual rights to form a society and government for their common good. In this agreement, people
were to surrender their individual rights and obey the government in consideration of a just ruler.
Nonetheless, when the ruler becomes unjust and fails to run for their welfare, the people can cease
obeying the government and its ruler.

12. Hobbes’ Social Contract • This theory claims that the natural state of humans is constant war with
each other. Society, therefore, arose only by convention. From self-interest, people make peace and
security inasmuch as they delegate total power to the state. Once this happens, the decrees of the king
are absolute in all areas of life, including the family and religion. Hobbes, further, asserted that rebellion
against the state breaks society’s basic contract and is punishable by whatever penalty the ruler may
exact in order to protect his subjects from a return to the original state of nature.

13. Locke’s Social Contract • According to this theory, the state was established to preserve the natural
rights of its citizens. Unlike Hobbes, Locke believe that man in a state of nature is happy and tolerant
one. The agreement between the people and the ruler preserves the pre-existent natural rights of the
individual to life, liberty, and property and that the enjoyment of private rights and the pursuit of
happiness leads to a civil society for the common good. Furthermore, this theory states that when the
government fails in its task of preserving these natural rights, the citizens have the right and duty to
withdraw their support and even rise up in arms against the government.

14. Instinctive Theory • This theory claims that the state originated from the natural tendencies of
people to live in an organized society. Political institutions came into being as consequence of people’s
instinct to bind themselves as social beings. Thus, the state emerged as a result of the institutionalized
expression of the people’s desire for political association.

15. Economic Theory • Proponents of this theory believes that the state came into being as a
consequence of man’s numerous and diverse material needs and wants. As man cannot satisfy his needs
and wants by himself alone, he had to interact and associate with his fellow in society. This association
and interaction between and among men led to the creation of the state.

16. Historical or Evolutionary Theory • This theory averts that the state results from a gradual process or
evolutionary growth that had been part of the history of humanity. Since the state is like a living
organism, it has the capacity to grow, wither, and develop.

17. The Inherent Rights and Fundamental Powers of the State A state has inherent rights and
fundamental powers (Muñoz and Muñoz, 2002). Among the inherent rights of the state are the
following: 1. Right to Existence- It is the right of the state to exist as sovereign and independent state. 2.
Right to Self Preservation- It refers to the right of a state to use force against other states that threatens
its existence as an independent state. 3. Right to Property and Domain- It is the right of the state to
claim absolute right to ownership of everything within its territorial jurisdiction. 4. Right of Jurisdiction-
It is the right of a state to exercise its authority over all things and people within its territory. 5. Right of
Legation- It is the right of a state to establish diplomatic ties with other states for political, economic,
military, or socio-cultural reasons.

18. There are however, three fundamental powers of a state: Power of Eminent Domain, Police Power,
and Power of Taxation.

19. TMalit Philippine Government and New Constitution

20. Inherent Powers of the State

21. Funds Safety Propert y

22. Similarities of these Powers • They are inherent. •They are indispensable.
23. Similarities of these Powers • These are methods of the government to interfere with private rights.
• They all presuppose an equivalent compensation for the private rights interfered with. • They are
exercised primarily by the legislative branch of the state.

24. Limitations of these Powers • These powers can’t be exercised to trample rights guaranteed under
the Bill of Rights ▪ Exercise of these powers are subject at all times to the limitations and requirements
of the constitution.

25. Police Power

26. •Is the power to enact and enforce the law for regulation of public order and welfare. Police Power

27. Police Power

28. Under PNP

29. AFP Chain of Command

30. AFP Chain of Command Rodrigo R. Duterte Commander in Chief Mj. Gen. Gilbert Gapay Phil. Army
Vice Admiral Geovanni Carlo Bacordo Phil. Navy Lt. Gen. Allen Paredes Phil. Air Force Lt. General Felimon
Santos JR. AFP Chief

31. Department of Justice

32. •Police power is considered the most pervasive, the least limitable and the most demanding power.
Police Power: Characteristics

33. •Police power is dynamic, not static and must move with the moving society it is supposed to
regulate Police Power: Characteristics

34. •Police Power may sometimes use taxing power as an implement for the attainment of a legitimate
police objective Police Power: Characteristics

35. Power of Expropriation

36. Power of Expropriation Is the power to take private property for public use.

37. Power of Expropriation

38. Power of Expropriation Necessity Requisites on Expropriation Private Property Just Compensation

39. Power of Taxation

40. Tell Me, What’s Wrong With the Picture?

41. Power of Taxation Power to impose and collect revenues for the operation of the government for
the people.

42. Power of Taxation BIR is responsible of collecting, assessing and imposing taxes to be used for public
operations of the government.

43. Power of Taxation The purpose of taxation is to raise funds to support the government and the
services for the public.
44. Power of Taxation The importance of taxation is derived from the unavoidable obligation of the
government to protect the people and extend benefits.

45. Power of Taxation Inherent in sovereignty Nature Essentially legislative function

46. THE POLITICAL, LEGAL AND REGULATORY ENVIRONMENT AMONG STATES

47. The Political Environment • Globalization in the context of governance takes place within the
political environment of governmental institutions, political parties, and organization through which a
country’s people and rulers exercise power.

48. • Each nation as we know has a political culture, which reflects the relative importance of the
government and legal system and provides a context within which individuals and corporations doing
business outside its home country should carefully study the political culture in the target country and
analyze salient issues arising from the political environment.

49. Seizure of Assets • The ultimate threat a government can pose toward a company is seizing assets.
Expropriation refer to government action to dispossess a foreign company or investor. Compensation is
generally provided, although not often in a “prompt, effective, and adequate” manner provided for by
international standards.

50. • If no compensation is provided, the action is referred to as confiscation. • Nationalization is

generally broader scope than expropriation. It occurs when the government takes control of some or all
enterprises in a particular industry.

51. International Law • International law may be defined as the rules and principles that nation-states
consider binding upon themselves.

52. • The court whose function is to decide in accordance with international law, such disputes are
submitted to it, shall apply.

53. A. International conventions, whether general or particular, establishing rules and expressly
recognized by the contesting states; B. International customs, as evidence of a general practice are
accepted as law;

54. C. The general principles of law recognized by civilized nations; and D. Subject to provisions of Article
59, judicial decisions, and the teaching of the most highly qualified publicist of various nations, as
subsidiary means for the determination of the rules of law.

55. Common Law and Civil Law • Private international law is the body of law that applies to disputes
arising from commercial transactions between companies of different nations. • A Civil-law country is
one in which the legal system reflects the structural concepts and principles of the Roman Empire in the
sixth century.

56. • In common-law countries, many disputes are decided by reliance on the on the authority of past
judicial decisions. • In common-law countries, companies are legally incorporated by state authority. •
In civil-law countries, companies are formed by contract between two or more parties who are fully
liable for actions of the company.
57. Islamic law (Sharia Law) • The legal system in many Middle Eastern countries is identified with the
law of Islam, which are associated with “the one and only God, the Almighty” • In Islamic Law, the Sharia
is a comprehensive code governing Muslim conduct in all areas of life, including business.

58. Kinds of Law • Criminal Law • International Law • Labor Law • Political Law • Corporate Law •
Property Law • Constitutional Law • Administrative Law • Public Law • Private Law • Sharia Law

59. BRIBERY AND CORRUPTION: LEGAL AND ETHICAL ISSUES

60. The top 10 most corrupt nations according to the 2019 U.S. News and World Report rankings are: 1.
Denmark 2. New Zealand 3. Finland 4. Switzerland 5. Singapore 6. Sweden 7. Norway 8. Netherlands 9.
Luxembourg 10. Germany The Philippines Current Rank: 113 The United States of America: 23

61. Assignment: •List down at least 5 types of Government and its description. Indicate which country
does it belong. •Typewritten