state

a community of persons more or less numerous, permanently occupying a definite portion of

territory
having a government of their own
inhabitants render obedience
enjoying freedom from external control

Elements of State

People
the inhabitants living within the state
no requirement as to the number of people that should compose a state
small enough to be well-governed and large enough to be self-sufficing

Territory
fixed portion of land over which the jurisdiction of the state extends (territorial domain)
the rivers and lakes therein, a certain area of the sea which abuts upon its coasts (fluvial and
maritime domain), and the air space above the land and the waters. (Aerial domain).
the domain of the state may be described as
terrestrial,
fluvial,
Maritime,
Aerial.

Government
the agency through which the will of the state is formulated, expressed and carried out
to the person or aggregate of those persons in whose hands are placed for the time being the
function of political control.
“body of men” is usually spoken of as “administration”.
ordinary citizens of a country are a part of the state., but are not part of the government

Sovereignty.
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.

two manifestations:
Internal
the power of the state to rule within its territory
External
the freedom of the state to carry out its activities without subjection to or control by other states
External sovereignty is often referred to as independence
Origin of States

1) Divine right theory.

the state is of divine creation and the ruler is ordained by God to govern the people
the laws which Moses received at Mount Sinai

(2) Necessity or force theory.

that states must have been created through force, by some great warriors who imposed their
will upon the weak;

(3) Paternalistic theory.

to the enlargement of the family which remained under the authority of the father or mother
the family grew into a clan,
then developed into a tribe
which broadened into a nation
and the nation became a state

(4) Social contract theory.

states must have been formed by deliberate and voluntary compact among the people to form a
society and organize government for their common good.
This theory justifies the right of the people to revolt against a bad ruler.

State Distinguish from Nation

The state is a political concept, nation is an ethnic concept.

A state is not subject to external control nation may or may not be independent of
external

control;
A single state may consist of one or more nations or peoples and conversely

a single nation may be made up of several states.

The United States is a melting pot of several nationalities.

the Arab nation is divided politically into several sovereign states. Among them are: Egypt,
Saudi Arabia, Jordan, Syria, Lebanon, and others

The Philippines is a state composed of one nation.

In common usage, however, the two terms are often used synonymously. The Constitution uses
them interchangeably.
State Distinguish from Government

the acts of the government (within the limits of the delegation of powers) are the acts of the
state

The government is only the agency through which the states articulate its will
Government is the agent, state is the principal
A state cannot exist without a government
it is possible to have a government without a state.
we had various governments at different periods, There was no Philippine state during those
periods when we were under foreign domination

Purpose and necessity of government

Advancement of the public welfare

Government exists and should continue to exist for the benefit of the people governed.
it is necessary for
(a) the protection of society and its members, the security of persons and property, the
administration of justice, the preservation of the state from external danger, dealings of the state
with foreign powers (constituent functions) and
(b) the advancement of the physical, economic, social, and cultural well-being of the people.
(ministrant functions)

Consequence of absence
Government exists to do these things which by their very nature, it is better equipped to
administer for the public welfare than any private individual or group of individuals.

without an organized structure of government, anarchy and disorder, and a general feeling
of fear and insecurity will prevail in society, progress and development will not be possible,
and values taken for granted in a free modern society such as truth, freedom, justice, equality,
rule of law, and human dignity can never be enjoyed

Forms of Government

(1) As to number of persons exercising sovereign powers

(a) Monarchy
one in which the supreme and final authority is in the hands of a single person without
regard to the source of his election of the nature or duration of his tenure
 1) Absolute monarchy or one in which the ruler rules by divine right; and
2) Limited monarchy or one in which the ruler rules in accordance with a constitution;

(b) Aristocracy or one in which political power is exercised by a few privileged class
which is known as an aristocracy or oligarchy; and

(c) Democracy or one in which political power is exercised by a majority of the people.

1) Direct or pure democracy or one in which the will of the state is formulated or
expressed directly and immediately through the people in a mass meeting or primary
assembly rather through the medium of delegates or representatives chosen to act for them

2) Indirect, representative, or republican democracy or one in which the will

of the state is formulated and expressed through the agency of a relatively small and
select body of persons chosen by the people to act as their representatives.

(2) As to extent of powers exercised by the central or national government:

(a) Unitary government or one in which the control of national and local affairs is
exercised by the central or national government; and

(b) Federal government or one in which the powers of government are divided between
two sets of organs, one for national affairs and the other local affairs, each organ being
supreme within its own sphere. The United States is a federal government.

(3) As to relationship between the executive and the legislative branches of the government:

(a) Parliamentary government or one in which the state confers upon the legislature
the power to terminate the tenure of office of the real executive. Under this system, the
Cabinet or ministry is immediately and legally responsible to the legislature and immediately
or politically responsible to the electorate, while the titular or nominal executive – the Chief of
State – occupies a position of irresponsibility;

(b) Presidential government or in one in which the state makes the executive
constitutionally independent of the legislature as regards his tenure and to a large extent as
regards his policies and acts, and furnishes him with sufficient powers to prevent the
legislature from trenching upon the sphere marked out by the constitution as executive
independence and prerogative.
Governance and Government

governance includes three sectors: the public sector (state actors and institutions),
the private sector (households and companies),
and the civil society (non-governmental organizations).

These three sectors are said to work hand in hand in the process of governance.

the term focuses on the role of “networks” in the achievement of the common good, whether
these networks are intergovernmental, transnational, or international

In other words, governance is broader than government in that other sectors are included in it.

government with “control and domination,”

and governance with “decentralization and relational management.”

government refers to a central institution which wields power over its subjects.

the instrument patterned after the model of “command and control,” the government being in
command over the affairs of the people.

governance is closely associated with the concept of decentralization of power and the need for
inter-sectoral management.

Governance is based on the realization that the government cannot do everything for the
people, so that in order to survive the state should not only rely on government but also on
the other sectors of the society.

there is a need to move from the “traditional hierarchical exercise of power by the government”
to the new notion of a “dispersed and relational power in governance”

from government to governance.

To govern should now mean to facilitate or regulate, not to dominate or command.
Processes and Actors in Governance

Governance entails two processes:

1. Decision-making and
2. Implementation of the decision

decision-making refers the process by which a person or group of persons, guided by

socio-political structures, arrive at a decision involving their individual and communal needs and
wants

Implementation is the process that logically follows the decision; it entails the actualization or
materialization of the plan or decision

Governance is not just decision-making because decision without implementation is

self-defeating. Neither is it just implementation because there is nothing to implement without a
decision or plan.

the two processes necessarily go hand-in-hand in, and are constitutive of governance

Actors and Structures

actor is a sector or group or institution that participates in the process of decision-making

and implementation

A structure refers to an organization or mechanism that formally or informally guides the

decision-making process and sets into motion the different actors and apparatuses in the
implementation process.

governance has different facets and may be applied in different contexts,such as

corporate governance,
international governance,
and national and local governance

governance has different actors and structures.

government is almost always the main actor in governance, whether it is in the corporate,
international, national or local level.
The government is called the “public sector.” While it is the biggest actor in governance, it is not
the only actor

in order to meet the growing demands of development, are managed in different levels by
various actors

communist governments work with other sectors, especially with international organizations and
multi-national corporations, in meeting their communist ends.

The main role of the public sector is to provide an enabling environment for the other actors
of governance to participate and respond to the mandate of the common good.

All actors other than the government are called the “civil society.”

The civil society includes non-governmental organizations, and other community-based

and sectoral organizations, such as association of farmers, charitable institutions,
cooperatives, religious communities, political parties, and research institutes. These
organizations are private in nature but have public functions or objectives

The study of Philippine governance, however, includes the business or private sector as an
indispensable partner in development. To cope with the ever growing demands of
development, the public sector must necessarily tie-up with the private sector most especially in
the financial

Informal Actors and Bad Governance

informal actors also exist, such as organized crime syndicates and powerful families.

influence is felt more clearly in local governments, and in rural and urban areas.

these actors are the cause of corruption, in that legitimate government objectives are distorted
by their illegal and private interests

they manipulate government officials and agencies, and cause widespread yet organized
violence in the community

the rich and powerful families control the economy by controlling the local government officials.

They bring about a controlled environment so that decisions must always favor them
even government officials, both local and national, are not just influenced but themselves
members of organized crime syndicates with the purpose of using public office and,
consequently, public funds for personal aggrandizement.

When these actors and informal structures disrupt, corrupt and upset the legitimate objectives
and ideals of the society, bad governance will result which is considered as the chief
problem of the society.

Problems deepen and multiply because of bad governance

In as much as economics and politics are interrelated, poor economy is caused by bad
governance

International aids and loans, for instance, are scarce in a badly governed country

International donors and financial institutions are increasingly basing their aid and loans on
the condition that reforms that ensure “good governance” are undertaken

current economic and political goals of countries all over the world are aimed at “good
governance.”

the contemporary meaning of “development” is good governance, or more specifically a

reform from faulty governance to good governance.

Eight Indicators of Good Governance

(1) Participatory; (2) Rule of Law; (3) Effective and Efficient; (4) Transparent; (5)
Responsive; (6) Equitable and Inclusive; (7) Consensus Oriented; and (8) Accountability.

without active participation among the various actors in governance, there would be a
concomitant lack of responsiveness

if decision-making is not transparent, then inevitably there would be no participation,

accountability, and decisions are not consensus oriented

These indicators should, however, be understood in the context of good “democratic”

governance. Some of the indicators cannot be applied in other forms of government

good communist governance could never be consensus oriented or genuinely participatory

good governance and development should not be based exclusively on economic growth.
good governance and development signify a broader spectrum of things, such as protection of
human rights, equitable distribution of wealth, enhancement of individual capabilities and
creation of an enabling environment to foster participation and growth of human potentials

sustainable development necessitates “people empowerment” and “respect for human rights.”
economic prosperity or the minimization of poverty and unemployment depends on how
the state unleashes the full potential of its human resource by recognizing their vital roles
and according full respect for human rights.

Participation
Good governance essentially requires participation of different sectors of the society
Participation means active involvement of all affected and interested parties in the
decision-making process.
It requires an enabling environment wherein pertinent information is effectively disseminated
and people could respond in an unconstrained and truthful manner.

It also means gender equality, recognizing the vital roles of both men and women in
decision-making.

Participation is one of the strengths of Philippine governance.

The 1987 Philippine Constitution is replete of provisions dealing with relational and inter-sectoral
governance. The Local Government Act of 1989 was borne out of the need for decentralization
in Philippine governance. As such, these and other related legislations may be considered as
normative standards for good governance.

Rule of Law

Democracy is essentially the rule of law.

It is through the law that people express their will and exercise their sovereignty
the government is of law and not of men is an underlying democratic principle which puts
no one, however rich and powerful, above the law.

Not even the government can arbitrarily act in contravention of the law

good democratic governance is fundamentally adherence to the rule of law

Rule of law demands that the people and the civil society render habitual obedience to the
law

It also demands that the government acts within the limits of the powers and functions
prescribed by the law.
The absence of rule of law is anarchy.

rule of law means “peace and order,” “absence of corruption,” “impartial and effective
justice system,” “observance and protection of human rights,” and “clear, publicized,
and stable laws.”

Effectiveness and Efficiency

Good governance requires that the institutions, processes, and actors could deliver and
meet the necessities of the society in a way that available resources are utilized well.

the different actors meet the needs of the society means that there is effective
governance.

That the valuable resources are utilized, without wasting or underutilizing any of them,
means that there is efficient governance.

Effectiveness (meeting the needs) and efficiency (proper utilization of resources) must
necessarily go together to ensure the best possible results for the community.

Transparency

means that people are open to information regarding decision-making process and the
implementation of the same.

In legal terms, it means that information on matters of public concern are made available to
the citizens or those who will be directly affected.

transactions involving public interests must be fully disclosed and made accessible to the
people.

anchored on the democratic right to information and right to access of the same

Transparency is necessary not just from government transactions but also in those transactions
of the civil society and private sector imbued with public interests

When there is transparency, people are placed in a better position to know and protect their
rights as well as denounce corrupt or fraudulent practices in the public sector and in the
private sector

Responsiveness

that institutions and processes serve all stakeholders in a timely and appropriate manner.
that actors and structures of governance easily give genuine expression to the will or desire
of the people

the interests of all citizens must be well protected in a prompt and appropriate manner so
that each of them can appreciate and take part in the process of governance

responsiveness is also a characteristic sought from the private sector and civil society,
more is demanded from the government or the public sector.

important efforts made to attain responsive governance in the Philippines are decentralization,
creation of citizen’s charter in all frontline agencies (as required by ARTA), and gender
sensitivity programs.

through decentralization, local governments, which are more proximate to their constituents,
serve more promptly the people, who in turn become more involved in decision-making

Second, every government agency now has it Citizen’s Charter, which provides timeframes for
every step in attaining frontline services.

Agencies now must also respond to written queries sent by the stakeholders or interested
parties within a period of ten days, otherwise there will be delayed service

Equity and Inclusiveness

all the members of the society, especially the most vulnerable ones or the grassroots level,
must be taken into consideration in policy-making.

Everyone has a stake in the society and no one should feel alienated from it.

those who belong to the grassroots level must not only be the subject of legislation but they
must be given the opportunity to participate in decision or policy making.

The Philippine Government has done extensive efforts in promoting equity and inclusiveness.
The Constitution makes it as one of its state policies the promotion of social justice
the Congress has enacted social legislations like the Comprehensive Agrarian Reform Law
which aims at freeing the farmer tenants from the bondage of the soil.
representation in the Congress, under the party list system, is constitutionally mandated to have
sectoral representation of the underprivileged.
Gender and Development programs are in the process of being integrated with the various
structures and institutions in the country.
But legislation is one thing; implementation is another
It is in the faithful implementation of these laws that the country failed. Inequality is
especially felt in the justice system, electoral system, and even in the bureaucracy itself.

Consensus Oriented

Governance is consensus oriented when decisions are made after taking into consideration
the different viewpoints of the actors of the society

Mechanisms for conflict resolution must be in place because inevitably conflict that will arise
from competing interests of the actors

To meet the consensus, a strong, impartial, and flexible mediation structure must be established

Without such, compromises and a broad consensus cannot be reached that serves
that best interest of the whole community.

Among the things done by the Philippines in promoting a consensus oriented governance are:
(1) creation of a wide-based of representation in the Congress;
(2) a two-tiered legislature or bicameralism which subjects legislation to the evaluation of
national and district legislators;
(3) necessity of public hearings or consultations of various governmental policies and
actions.

Accountability

Accountability means answerability or responsibility for one’s action.

based on the principle that every person or group is responsible for their actions most
especially when their acts affect public interest.

The actors have an obligation to explain and be answerable for the consequences of
decisions and actions they have made on behalf of the community it serves

The Philippines in the recent years had endeavored to comply with the requirements of
accountability

It had put in action the concept of political accountability as it held answerable erring public
officials involved in graft and corruption and for acts contrary to the mandate of the
constitution.

It had also strengthened parliamentary scrutiny through legislative investigations and creation of
special committees exercising oversight functions.
The Office of the Ombudsman, considered as the public watchdog, has become ever so active
in investigating and prosecuting graft and plunders cases

Citizen’s Charter, as required by ARTA, was also an important tool in promoting professional
public service values