CONSTI1
control
CHAPTER 3
THE CONCEPT OF THE STATE
STATE- is a community of persons, more or less
numerous, permanently occupying a fixed territory,
and possessed of an independent government
organized for political ends to which the great body
of inhabitants render habitual obedience.
ELEMENTS OF STATE- people, territory, government
and sovereignty
1. PEOPLE- refer simply to the inhabitants of the
state
-they must be numerous enough to be self-
sufficing and to defend themselves and small enough
to be easily administered and sustained.
2. TERRITORY- fixed portion of the surface of the
earth inhabited by the people of the State.
-neither too big to difficult to administer
and defend nor too small to be unable to provide the
needs of the population.
-components are TEREESRIAL DOMAIN,
MARITIME AND FLUVIAL DOMAIN, AERIAL DOMAIN.
3. GOVERNMENT-agency or instrumentality through
which the will of the state is formulated, expressed
and realized.
A. FUNCTION- the government has two
kinds of functions: CONSTITUENT and MINISTRANT
CONSTITUENT FUNCTION-constitute the
very bond of society and therefore compulsory.
MINISTRANT FUNCTION-those undertaken
to advance the general interests of society, such as
public charity and regulation of trade and industry.
B. PARENS PATRIE-guardian of the rights of
the people.
C. DE JURE or DE FACTO
DE JURE-has rightful title but no power or
DE FACTO-is a government of fact, that is,
actually exercises power or control but without legal
title.
D. GOVERNMENT OF THE PHILIPPINES-the
corporate governmental entity through which the
functions of government are exercised through the
Philippines.
E. ADMINISTRATION-which is the group of
persons in whose hands the reins of government are
for the time being.
Administration is transitional while government is
permanent.
4. SOVEREIGNITY-the supreme and uncontrollable
power inherent in a State by which that State is
governed.
Kinds of Sovereignty:
a. LEGAL- authority which has the power to
issue final commands.
b. POLITICAL-the power behind the legal
sovereign.
Sovereignty may also be:
a. INTERNAL-refers to the power of the
State to control its domestic affairs.
b. EXTERNAL-power of the State to direct its
relations with other States, also known as
INDEPENDENCE.