LAW

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PREAMBLE
OF THE PHILIPPINE CONSTITUTION

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and

ELEMENTS
OF STATE

POPULATION / PEOPLE
- The population of a state comprises all individuals who, in principle, inhabit the territory in a permanent way. - It may consist of nationals and foreigners. - The population of a state need not be completely homogeneous in culture, language, race or otherwise.

TERRITORY
‐ Territory is a geographical area that is owned and controlled by a government or country to exercise such state sovereignty. ‐ comprises and refers to land territory which belongs to state and individuals, internal waters and territorial sea (straits) which state claims for sovereignty, and the airspace above this territory.

GOVERNMENT
- The government is the executive branch of the state and has the role to administer the state uniformly in the following aspects:
o Political o Economic o Social o Cultural o Use of Resources o Environmental Protection o National Defense o Security Naturalo Foreign Affairs

SOVEREIGNTY
- The supreme power of the state to command and enforce obedience. - Sovereignty is the quality of having supreme, independent authority over a territory. - It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided.

DEFINITION

NATION
A large aggregate of people united by common descent, history, culture, or language, inhabiting a particular country or territory.

STATE
A community of persons more or less numerous permanently occupying a definite portion of territory, having a government of its own to which the great body of inhabitants renders obedience, and and enjoying freedom from external control.

GOVERNMENT
Agency through which the will of the state is formulated, expressed and carried out.

THEORIES OF ORIGIN
BASED ON THE ORIGINAL STATE INCLUDED IN THE PREAMBLE

DIVINE RIGHT
Holds that the state is of divine creation and the ruler is ordained by God to govern the people.

NECESSITY OR FORCE
Maintains that states must have been created through force.

PATERNALISTIC
Attributes the origin of states to the enlargement of the family.

SOCIAL CONTRACT
Asserts that the early states must have been formed by deliberate and voluntary compact among people to form a government of their own.

FORMS OF GOVERNMENT

MONARCHY
The supreme and final authority is in the hands of a single person. It is further classified into: - absolute monarchy - limited monarchy

ARISTOCRACY
The political power is exercised by the few priviledged class.

DEMOCRACY
The political power is exercised by the majority of people. It is futher classified into two: - Direct or Pure democracy - Indirect or Representative democracy

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