2. Meaning of State
A state is a community of persons more
or less numerous, permanently
occupying a definite portion of territory,
having a government of their own to
which the great body of inhabitants
render obedience, and enjoying freedom
from external control.
The Philippines is a state.
3. Elements of a state
1. People
- The mass of
the population
living within the
state.
4. “people”
answers the question, “who governs
whom?”
no specific number requirement
“…the state shall neither be too small
nor yet one that seems great but has no
unity.” (Plato)
5. Elements of a state
2. Territory
- demarcated area
that rightly
belongs to the
population
6. “territory”
answers the question, “where?”
terrestrial, fluvial, maritime and aerial
should be permanent and large enough
to be self-sufficing
7. Elements of a state
3. Government
- Refers to the agency
to which the will of the
state is formulated,
expressed, and carried
out.
8. Elements of a state
4. Sovereignty
- May be defined as the supreme power
of the state to command and enforce
obedience to its will from the people
within its jurisdiction and corollarily to
have freedom from foreign control.
9. “sovereignty”
a. Internal – power of the
state to rule within its
territory
b. External – the freedom
of the state to carry out
its activities without
subjection to or control
by other states.
10. Origin of states
1. Divine right theory
2. Necessity or force theory
3. Paternalistic theory
4. Social contract theory
11. State distinguished from nation
“The state is a political concept while
a nation is an ethnic concept.”
12. State distinguished from nation
“ A state is not subject to external control
while a nation may or may not be
independent of external control.”
13. State distinguished from nation
“ A single state may consist of one or more
nations or people and conversely, a
single nation may be made up of several
states.”
16. State distinguished from
government
“A government may change, its form may
change, but the state, as long as its
essential elements are present, remains
the same.”
18. “forms” of government refer to the basic
rules by which a nation carries out its
policies
there is no standard for the classification
of governments
actual arrangements differ from
theoretical ones
20. As to extent of powers exercised by the
central or national government
a. Unitary - control of national and
local affairs is exercised by the
central or national government
b. Federal –powers of the government
are divided between to sets of
organs, one of the national and the
other for local affairs
21. As to the relationship of the between the
executive and the legislative branches of
the government
a. Parliamentary – legislative and
executive bodies are fused together
b. Presidential – the executive is
constitutionally independent of the
legislature
26. The pre-Spanish government
(2) Datu
each barangay was
ruled by a datu
the barangay is
monarchy in form,
with datu as its
monarch
27. The pre-Spanish government
(3) Social Classes in the barangay
the
people of the barangay are divided
into four classes namely:
o the nobility (maharlika)
o the freemen (timawa)
o serfs (aliping namamahay)
o slaves (aliping sagigilid)
30. The pre-Spanish government
(4) Early laws
Maragtas Code – written by Datu
Sumakwel about 1250 AD
Kalantiaw Code – written by Datu
Kalantiaw in 1433 AD
31. The pre-Spanish government
(5) Comparison with other ancient governments
laws
of barangay are generally fair
the system of government although
defective was not so bad
Filipinos even during the early period
have shown high intelligence and moral
virtues
32. Government during the Spanish
period
Spain’s title to the Philippines
o discovery of the archipelago Magellan
1521
o Conquest of Miguel Lopez de Legazpi in
1565
o By virtue of the Treaty of Paris, the
Philippines was ceded to the United States
33. Government during the Spanish
period
Spanish colonial government
o the Philippines was ruled indirectly by the King
of Spain through Mexico from 1565 to 1821
o Mexico obtained its independence from Spain,
thus, the Philippines was ruled directly from
Spain until 1898