POLITICS, GOVERNANCE AND CITIZENSHIP

STATE - a community of persons more or less numerous, occupying a definite portion of territory
completely free from external control and possessing anorganized government to
which the great body of inhabitants render habitual obedience.

THEORIES OF STATE ORIGIN

1. THE DIVINE RIGHT THEORY- the state was created by God.

- the authority to govern the people was ordained by God upon rulers who were regarded
as of divine descent.

- To challenge the ruler (king) was to challenge God’s authority.

2. THE NATURAL THEORY (or organic theory)

- Men are social being.

- Individuals could not exist alone for long. In the long course of social evolution every
man must become part of a group to fulfill his interests and needs.

- A state is just like a living organism which is natural because it has the capacity to
grow, develop and attain a fully civilized life.

3. THE FORCE THEORY

- The state came into existence out of conquest, force or coercion.

- Strong and mighty emperors had succeeded in consolidating territories into empire-
states.

4. THE SOCIAL CONTRACT THEORY

- The state was formed by means of social contract of men who lived in a state of nature.

Social Contract Theories:

1. Thomas Hobbes - man’s life is always like in the jungle where the stronger animals
despoiled the weaker ones -survival of the fittest.Thus, man’s desire for self-preservation,
order and peace could be attained only if they surrendered all their natural rights and
submitted their will to an absolute sovereign monarch, the great LEVIATHAN.

- The parties to the social contract are the citizens themselves and not the
sovereign monarch (leviathan).

- The citizens surrendered all their rights to the leviathan, including their
natural rights to life, liberty and property.
 2. John Locke - Citizens are rational being. They voluntarily agreed themselves to create a
state for the purpose of promoting and preserving their natural rights to life, liberty and
property.

- The parties to the social contract were citizens and government, a trustee,
which they could remove if it did not maintain the freedom and equality that
men originally knew and enjoyed.

- The citizens did not surrender all their rights, instead they retain their
natural rights and that political powers or sovereignty should not be
assigned to the monarch, but to the people’s representatives in the
government .

3. Jean Jacques Rousseau – citizens created the state out of general will, which means a
direct democracy in which citizens actually participated and perform government
functions.

- The parties are the citizens themselves.

- There is no surrender of rights because the citizens directly run the

government.

- The government is merely an agent.

FOUR ESSENTIAL ELEMENTS OF THE STATE

1. People - refers to the inhabitants or population of a state.

2. Territory - refers to the land within the boundaries of the state, the air space above land, the
inland waters, minerals and natural resources, and the twelve (12) miles of the sea beyond the
state’s coastline.

3. Government - is the agency or instrumentality through which the will of the state is
formulated, expressed and carried out.

Objectives of state government:

1. Domestic Order and Tranquility

2. Common Defense of the State

3. Blessings of Liberty and Justice

4. Promotion of General Welfare

5. Promotion of Public Morality – Aristotle: the most supreme political

community which aims at the highest good to attain the good life is the
promotion of public morality.

4. Sovereignty - the supreme and final legal authority of the state to enforce its will on its
members by coercive sanctions, if necessary, which must not be subject to any like power.
 - the supreme power of the state to command and enforce obedience to its will from
people within its jurisdiction and corollarily, to have freedom from foreign control.

- It is the supreme, absolute and uncontrollable power by which any state is governed.

Two Aspects of Sovereignty:

1. Internal Sovereignty – the supreme power of the state to enforce its will
on the people within its territory.

2. External Sovereignty – refers to the independence of the state from

control by any other state. “EQUALITY AMONG STATES”

KINDS OF STATE SOVEREIGNTY :

1. Legal Sovereignty – the supreme authority of the state expressed by the law and
constitution.

2. Political Sovereignty – the supreme will of the state expressed by the electorate.

3. Popular Sovereignty – the supreme authority of the state which resides in the people.

4. De Facto Sovereignty – vested in a person or group of persons who have succeeded in

displacing the legitimate sovereign.

5. De jure Sovereignty – the supreme legal authority of the state is based on the supremacy
of law.

CHARACTERISTICS OF SOVEREIGNTY

1. Absolute – the exercise by the state of powers is not subject to restrictions by any other power.

2. Comprehensive – the supreme power/legal authority of the state extends to all within its territory.

3. Permanent – as long as the state exists, sovereignty also exists.

4. Indivisible – the supreme authority or supreme will is the monopoly of the state.

POLITICS – deals with those relations among men and groups which are subject to control by the
state, with the relations of men and groups to the state itself, and the relations of state to other state.

- It is the basic knowledge and understanding of the state and the principles and ideals which
underlie its organization and activities.

According to Aristotle:

Man by nature is a political animal. The essence of social existence is politics and that two or more
men interacting with one another are considerably involved in a political relationship.
Politics arises whenever there are people living together in associations, whenever they are involved
in conflicts, and whenever they are subject to control, power, authority or rulership.

POLITICAL SCIENCE – is the systematic study of state and government.

Relationship of Political Science with other Social Sciences:

1. Political Science and History

2. Poltical Science and Economics

3. Political Science and Sociology

4. Political Science and Psychology

5. Political Science and Philosophy

STATE VS. NATION

STATE NATION

1. Political concept 1. Ethnic concept

2. Legal fiction 2. Sociological collectivity of individuals

3. Elements: 3. Elements:

a. People a. Common language

b. Territory b. Common religion

c. Government c. Common Historical experience

d. Sovereignty d. Common cultural and social

tradition

e. Common beliefs and creeds

4. State exists as long as the 4 essential
elements are present.
f. Spirit of nationalism
4. Nation may still exist even in the
absence of any of the elements as long
the spirit of nationalism is present.
FUNCTIONS OF GOVERNMENT

There are two functions of government: constituent and ministrant.

1. Constituent functions are those which constitute the very bonds of society and are compulsory in
nature. Examples: keeping of order and providing for the protection of persons and property; the
fixing of the legal relations between man and wife, and between parents and child; the regulation of
property and the determination of contract rights; the definition and punishment of crime; the
administration of justice; the determination of political duties, privileges, and relations of citizens;
dealings of the state with foreign powers; the preservation of the state from external danger and the
advancement of international interest.

2. Ministrant functions are those that are undertaken only by way of advancing the general interests
of society and are merely optional. Examples: public works, public education, public charity, health
and safety regulations and regulations of trade and industry.

STATE VS. GOVERNMENT

 State has four basic elements: people, territory, government and sovereignty. The absence of any of
these elements will not make a state a state. Thus, the state cannot exists without a government. There
can be a government however even without there being a state. Government may exist as long as a
particular society wanted to continue to have institutions that will carry out the rules of action which
are necessary for them to live in a social state.
 A state is permanent while a government is not. A government may come and go, it may be
overthrown. But the state continues to be unimpaired and unaffected.
 A state is an ideal person, intangible, indivisible and immutable. It can do no wrong. The
government is an agency of the state. It is perfect if it acts within the sphere. Whatever done wrong is
attributed to the government and not to the state.

DOCTRINE OF PARENS PATRIAE

Literally, parens patriae means father of the country. This doctrine has been defined as the inherent
power and authority of the state to provide protection to the persons and property of the persons non-
sui juris. Non-sui juris persons are those who lack the legal capacity to act on his own behalf like the
child or the insane persons.

GOVERNMENT VS ADMINISTRATION

Government is distinct from administration. Government is the agency which formulates, expresses
and realizes the will of the people. On the other hand, administration is composed of group of persons
in whose hands the reins of government are for the time being.

It is the administration that runs the affairs of the government for a given period of time, after which
another administration may be called upon by the people to serve them. That is why we say that
administration changes but the government does not.
3 INHERENT POWERS OF THE STATE

1. POLICE POWER – the power of promoting public welfare by regulating the use of liberty
and property.

2. POWER OF EMINENT DOMAIN – the power to focibly take private property for public
use upon payment of just compensation.

3. POWER OF TAXATION – the power by which the state raises revenue to defray necessary
expenses of the government.

SALIENT FEATURES:

1. Inherent in the state, exercised even without need of express constitutional grant;

2. Necessary and indispensable – state cannot be effective without them;

3. Methods by which state interferes with private property;

4. Presupposes equivalent compensation; and

5. Exercised primarily by Congress.

INHERENT POWERS OF THE STATE

1. POLICE POWER – the power of promoting public welfare by restraining and regulating the
use of liberty and property.

2. POWER OF EMINENT DOMAIN – the power to forcibly take private property for public
use upon payment of just compensation.

3. POWER OF TAXATION – the power by which the state raises revenue to defray necessary
expenses of the government.

LIFEBLOOD THEORY

This theory states that taxes are lifeblood of nation. Without the revenue raised from taxation,
government will not survive resulting in the detriment of the society. Without taxes, the government
would be paralyzed for lack of motive power to activate it.

POLICE POWER POWER OF EMINENT POWER OF TAXATION

DOMAIN

Regulates both liberty and Affects only property rights Affects only property rights
property
 Exercised only by the May be exercised by private Exercised only by the govt
government entities

Bases: public neccesity and the Necesity of the public for the Public necessity; lifeblood
right of the State and of the use of private property theory
public to self-preservation and
self-protection

Property is noxious or is property is wholesome and is property is wholesome and is

intended for noxious purpose devoted to public use or devoted to public use or
and as such taken and purpose purpose
destroyed

Compensation is the intangible, Compensation is the full and Compensation is the protection
altruistic feeling that the fair equivalent of the property and public improvements
individual has contributed to instituted by the government
the public good for the taxes paid

ARISTOTLE'S FORMS OF GOVERNMENT

Aristotle, a Greek philosopher and student of Plato, classified government into three. They are:

1. government based on rule by the one.

2. government based on rule by the few.
3. government based on rule by the many.

Government based on rule by the one. 

Monarchy (or royalty) is a form of government in which only a single ruler governs. The monarch
rules for the benefit of the people. His concern is for good law, order and social justice.
The perverse form of monarchy is called tyranny. He rules for his own benefits and ego, accumulates
wealth and satisfies his lust for power. Such a ruler is not legitimate and the people has the right and
the duty to remove him in power.

Government based on rule by the few.

Aristocracy is a form of government where only quite a few people participates in governance. The
number ranges from ten to twenty, and they are considered the wisest, the most just and the most
honest people in the state. They are more contemplative and careful in their actions. Together, they
make governmental decisions.

The perverse form of aristocracy is oligarchy where the few people, again perhaps ten to twenty,
collectively take over the power of government not for the welfare of the people, but rather for their
own material and vainglory. This form of government is more difficult to be overthrown as compared
with tyranny.
Government based on rule by the many.
The best form of government but probably the most difficult to achieve is polity. A polity occurs
when all relevant citizens of the state participate in the decision making through open discussion,
compromise, and conciliation. Of course, this is only possible in the small city-states that Aristotle
knew so well. Again, the characteristics of this government are just, the highest form of wisdom is
compromise and conciliation, and government that generally works for the benefit of all.
The perverse form of polity was labeled as democracy. Democracy is a form of government where
people would go into the chambers of government not to do social justice but rather seek for their own
ends. No one is willing to compromise inorder to achieve solutions to problems. This causes a
breakdown in the process of government and eventually a collapse of government.

Over the years, the Aristotle's polity became synonymous with representative government or
democracy and his perverse form of polity was renamed as mob rule or anarchy.

FORMS OF GOVERNMENT

The following are the forms of government:

1. As to the number of persons exercising sovereign powers:

o Monarchy - the supreme authority is in the hands of a one person only; how he
got into power or how long his tenure would be does not matter 
 Absolute monarchy - the power of the monarch is based on divine right
 Limited monarchy - the power of the monarch is based on the
constitution
o Aristocracy - the ruling power is in the hands of a few privileged class
o Democracy - the power is in the hands of the people
 Direct or pure democracy - the power is directly exercised by the
people through assembly or mass meeting.
 Indirect, representative or republican - the power is exercised by a
group of persons chosen by the people to act as their representatives
2. As to extent of powers exercised by the central or national government:
o Unitary government - the control of national and local affairs is under the
central or national government
o Federal government - the powers of the government are divided between two
sets of organs, one for national and the other for local affairs, each organ being
supreme within its own sphere
3. As to relationship between the executive and the legislative branches of the
government:
o Parliamentary government - the executive is dependent on the legislative
o Presidential government - the executive is constitutionally vested with powers
making it independent from legislative department
4. Other forms:
o Civil government - the affairs of the state are administered and directed by the
citizens or their representatives
o Military government - established and administered by a  belligerent in the
territory of an enemy occupied by him
o Constitutional government - the powers of those who rule are defined and
limited by the constitution
o Despotic government -  the powers of those who rule are vague and may seem
limitless because it is not defined nor limited by the constitution
 o Elective government - the state confers powers upon a person or organization
chosen by qualified voters and the holding of powers is for a limited term and
under certain conditions
o Hereditary government - the state confers the powers of government upon a
person or organization standing in a certain family relations to his or their
immediate predecessors
o Coordinate government -  the powers of the government is distributed among
separate departments equally independent of but coordinate with each other
o Consolidated government - the state confides all governmental powers to a
single body
o De jure government - established according to the constitution of the state and
has the general support of the people
o De facto government - established against existing constitution of the state and
is maintained against the rightful and lawful government
o Revolutionary government - installed, whether by force or otherwise, not in
accordance with the procedure prescribed in an existing constitution.

PHILIPPINE POLITICAL SYSTEM

ARTICLE 2, Section 1 (1987 Phil. Constitution).“The Philippines is a democratic and

republican State. Sovereignty resides in the people and all government authority emanates
from them”.

DEMOCRATIC - majority rule

- dislike for authoritarian rule, monarchy, communism, etc

REPUBLICAN - connotes representation (representative)

-government of the people, by the people and for the people

SOVEREIGNTY RESIDES IN THE PEOPLE AND ALL GOVERNMENT AUTHORITY

EMANATES FROM THEM

Government

Of the People

Any country's government is a government of the people.  In the Philippines, that

government takes the form of Congress (House of the Senate and House of
Representatives), the President and the courts. It does not matter how a government is
setup, as long as the government is governed by the people, and not by the king/queen,
dictator or few persons.

By the People

A government by the people is one in which the people are the ones who have the ultimate
authority to make decisions.  These people are elected by the majority of citizens to represent
the latter.

For the People

A government that is for the people will do what it can to protect the people from the things
that may harm them.  A government that is for the people will do things that are beneficial to
the people rather than just those things that are good for those in power.  We see this
government "for the people" in things like the roads that are built, the programs that are
funded and other projects for the welfare of the people.

UNDERLYING PRINCIPLES UNDER THE DEMOCRATIC AND REPUBLIC

STATE

1. Existence of Bill of Rights

2. Government of Laws and not of men
3. Rule of majority
4. The state cannot be sued without its consent
5. Election through popular will
6. Separation of powers
7. System of checks and balances
8. Public Office is a Public Trust
9. Legislative cannot pass irreparable laws
10. Rule against undue delegation of legislative power
11. Supremacy of the rule of law
12. Social contract
13. System of initiative and referendum

3 BRANCHES OF PHILIPPINE GOVERNMENT

1. The Executive
The President, Vice President, and other executive officials make up the Executive Branch.
The main function of this branch is to execute the laws enacted/made by Congress.
Implements and executes the law.
2. The Legislative
The Congress is the Legislative Branch. Its main function is to pass/enact/make laws. It also
oversees the execution of these laws, and checks various executive and judicial powers.
The Congress is bicameral- it is composed of two houses. One house is the House of
Representatives, the other is the Senate.
Enact, amend and repeal laws.
3. The Judicial
The Supreme Court and the lower courts compose the Judicial Branch. The judiciary must
interpret the laws.
In the course of such interpretations, the courts may find that a law violates the constitution. If
so, the court declares the law unconstitutional. Supreme Court decisions become part of the
law of the land.