State and the Philippines

By Vhonz Sugatan
POWER School
 State and Philippines
Objectives:

 Identify the concept, function and

elements of the State and their
complex nature.
 State and Philippines
Objectives:

 Evaluate the political power

potentials of the Philippines as a
nation/State.
 State and Philippines
Objectives:

 Discuss ideas about state Law,

the sanctions, and the
fundamental powers of the State.
 State and Philippines
Objectives:

 Develop obedience to, and

respect for, the Philippines as a
sovereign national/State and its
laws.
The Concept of State
The Concept of State
State
The Concept of State
State
A state is the Community of
Person occupying a definite
portion of territory, possessing
a government, and enjoying
independence from external
control.
The Concept of State
State
A state is a people, living in a
definite territory, having a
government of their own, and
enjoying independence.
The Concept of State
ELEMENTS OF STATE
The Concept of State
ELEMENTS OF STATE
1. People
The Concept of State
ELEMENTS OF STATE
1. People
Refers to the rational inhabitants
of a State bind by law, living
together for the purpose of
mobilizing polity.
The Concept of State
ELEMENTS OF STATE
1. People
There can be no State without
a population.
The Concept of State
ELEMENTS OF STATE
1. People
 Citizens
The Concept of State
ELEMENTS OF STATE
1. People
 Citizens
Refers to the members of
political organization who enjoy
political rights and privileges in
the Philippine soil.
The Concept of State
ELEMENTS OF STATE
1. People
 Person / Inhabitants
 The Concept of State
ELEMENTS OF STATE
1. People
 Person / Inhabitants
Concerning both individual citizen
and individual person who either
live permanently or temporarily in
the country.
The Concept of State
ELEMENTS OF STATE
1. People
 Electorate
The Concept of State
ELEMENTS OF STATE
1. People
 Electorate
The body consisting of the
registered voters of the State who
possessed the right of suffrage.
The Concept of State
ELEMENTS OF STATE
2. Territory
The Concept of State
ELEMENTS OF STATE
2. Territory
The second essential element
of state.
The Concept of State
ELEMENTS OF STATE
2. Territory
A State without territory is no
State at all.
The Concept of State
ELEMENTS OF STATE
2. Territory
The national territory comprises
the Philippine Archipelago, with
all the islands and waters
embrace therein.
The Concept of State
ELEMENTS OF STATE
2. Territory
 Discovery and Subjugation
The Concept of State
ELEMENTS OF STATE
2. Territory
 Discovery and Subjugation

A mere discovery of a territory

The Concept of State
ELEMENTS OF STATE
2. Territory
 Conquest
The Concept of State
ELEMENTS OF STATE
2. Territory
 Conquest
The force application of either
imperialism or colonialism on
weakling or loose lands.
The Concept of State
ELEMENTS OF STATE
2. Territory
 Accretion
The Concept of State
ELEMENTS OF STATE
2. Territory
 Accretion
Boundaries or territorial extent,
however, are changeable and are
indefinite given the forces of
nature and earthly movements.
The Concept of State
ELEMENTS OF STATE
2. Territory
 Cession
The Concept of State
ELEMENTS OF STATE
2. Territory
 Cession
Lands may be acquired or
disowned by the following terms.
 The Concept of State
ELEMENTS OF STATE
2. Territory
 Cession
Lands may be acquired or
disowned by the following terms.
By gift or token & Purchase or exchange
The Concept of State
ELEMENTS OF STATE
2. Territory
 Prescription
The Concept of State
ELEMENTS OF STATE
2. Territory
 Prescription
Lands may be acquired over the
period of time or it may be lost
through lapse of time.
The Concept of State
ELEMENTS OF STATE
3. Government
The Concept of State
ELEMENTS OF STATE
3. Government
Government is only the agency
through which the state express
its will.
The Concept of State
ELEMENTS OF STATE
3. Government
There can be no state without
organized government, but it is
possible to have a government
without a state.
The Concept of State
ELEMENTS OF STATE
3. Government
Functions of Government
The Concept of State
ELEMENTS OF STATE
3. Government
Functions of Government

 Constituent Function
The Concept of State
ELEMENTS OF STATE
3. Government
Functions of Government

 Ministrant Function
The Concept of State
ELEMENTS OF STATE
3. Government
Functions of Government

 Parents Patriaé Functions

The Concept of State
ELEMENTS OF STATE
3. Government
Classification of Government
The Concept of State
ELEMENTS OF STATE
3. Government
Classification of Government
 Government de facto
The Concept of State
ELEMENTS OF STATE
3. Government
Classification of Government
 Government de facto
i. De facto proper
The Concept of State
ELEMENTS OF STATE
3. Government
Classification of Government
 Government de facto
ii. Independent government
The Concept of State
ELEMENTS OF STATE
3. Government
Classification of Government
 Government de facto
iii. Government of Paramount force
The Concept of State
ELEMENTS OF STATE
3. Government
Classification of Government
 Government de jure
The Concept of State
ELEMENTS OF STATE
4. Sovereignty
The Concept of State
ELEMENTS OF STATE
4. Sovereignty
We may define sovereignty as the
supreme power of the state.
The Concept of State
ELEMENTS OF STATE
4. Sovereignty
Six Essential Characteristics
The Concept of State
ELEMENTS OF STATE
4. Sovereignty
Six Essential Characteristics
I. Perpetuity
The Concept of State
ELEMENTS OF STATE
4. Sovereignty
Six Essential Characteristics
II. Comprehensiveness
The Concept of State
ELEMENTS OF STATE
4. Sovereignty
Six Essential Characteristics
III. Exclusiveness
The Concept of State
ELEMENTS OF STATE
4. Sovereignty
Six Essential Characteristics
IV. Absoluteness
The Concept of State
ELEMENTS OF STATE
4. Sovereignty
Six Essential Characteristics
V. Inalienability
The Concept of State
ELEMENTS OF STATE
4. Sovereignty
Six Essential Characteristics
VI. Unity
The Concept of State
STATE LAW
The Concept of State
STATE LAW
The sum total of individual laws
taken together.
The Concept of State
STATE LAW
 Penal Law
The Concept of State
STATE LAW
 Penal Law
If the object of the sanction is to
punish the offender and to determent
from committing the same offense
the Penal law will be applied.
The Concept of State
STATE LAW
 Remedial Law
The Concept of State
STATE LAW
 Remedial Law
If the object of sanction is the
indemnification of the person who
suffered from the violation of the
law, remedial law shall be applied.
Power of the States
Power of the States

1. Police Power
Power of the States

1. Police Power
The fundamental right of a State
to enact laws.
 Power of the States

Limitation of Police Powers

 Power of the States

Limitation of Police Powers

 Lawful Subject
 Power of the States

Limitation of Police Powers

 Lawful Subject
The interest of the public in
general, as distinguished from
those of a particular class, require
the exercise of the power.
 Power of the States

Limitation of Police Powers

 Lawful Means
 Power of the States

Limitation of Police Powers

 Lawful Means
The means employed are
reasonably necessary for the
accomplishment of the purpose,
and not unduly oppressive on
individuals.
 Power of the States

Limitation of Police Powers

 When Exercise by a Delegate
 Power of the States

Limitation of Police Powers

 When Exercise by a Delegate
 Express grant by law.
 Power of the States

Limitation of Police Powers

 When Exercise by a Delegate
 Within territorial limits
 Power of the States

Limitation of Police Powers

 When Exercise by a Delegate
 Must not be contrary to
law.
Power of the States

2. Power of Taxation
Power of the States

2. Power of Taxation
Power of the State to levy or
imposed charges upon persons,
property, occupation, and others,
as may be define by law.
 Power of the States

Limitation of Taxation
 Power of the States

Limitation of Taxation
 Taxes are levied only for public
used and purposes.
 Power of the States

Limitation of Taxation
 Taxation is inherently the power
to the State and cannot be
delegated to any private
individual.
 Power of the States

Limitation of Taxation
 Taxes can also be impose within
the territory of the State.
 Power of the States

Limitation of Taxation
 Reasonable exemption for the
church and the government.
Power of the States

3. Eminent Domain
Power of the States

3. Eminent Domain
Refers to the power of the State to
acquire, confiscate, or take private
property for public use upon
payment of just compensation.
Power of the States