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ARTICLE IV CITIZENSHIP
Meaning of citizenship
Citizens of the Philippines
Loss and acquisition of citizenship
Citizen by marriage
Dual allegiance
F. ARTICLE V
SUFFRAGE AND ELECTION LAW AND PROCESSES
1. Meaning of suffrage
2. Qualifications for the exercise of suffrage
3. Meaning of election
4. Electoral process and election laws
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personal
organizational
individual
institutional
governmental
commercial
territorial, and
collective in nature
III. GOVERNANCE
What is governance?
According to the UNITED NATIONS DEVELOPMENT PROGRAMMED
(UNDP), governance is the exercise of political, economic and administrative authority
in the management of countrys affairs at all levels.
In the thesis of DR. ELINOR OSTROM on Common Property Resource
management, defines governance as, no more and no less, the regularized ways of
ordering human societies at all levels of organization from units to entire societies.
For the purpose of our study, governance, is the regularized
management of the *political, *socio-cultural, *economic, *technological,
*demographic, *ecological and *institutional needs and interests of all
social forces to ensure balance and fairness in the realization of certain
ends.
THE PRESCRIPTIONS FOR GOOD GOVERNANCE
1. Transparency of government - citizens must be kept informed of the
decisions of the state and their justification.
2. Simplicity of procedures - whether in fiscal matters, investment, or other
areas, administrative procedures need to be simple as possible, with the number of
participants reduced to a minimum.
3. Responsibility - public officials must be held accountable and if necessary
penalized for offense.
4. Fight against corruption - eradication of this menace is imperative for
promoting healthy, eliminating sub-charges, and strengthening the efficiency of
economic management.
5. Individual freedom and collective expression a free and responsible
press, in particular, is an important pillar of democracy.
6. Independence of the legal system - the legal system must be free from
pressure and intervention from political forces or any other organization, to ensure that
its decisions are independent and impartial.
IV. STATE
The United Nations (UN) defines state as a community of persons, more or less
numerous, occupying a definite territory, possessed with an organized
government, and enjoying independence from external control.
FOUR (4) ESSENTIAL ELEMENTS OF A STATE
1. PEOPLE - the entire body of those citizens of a state who are invested with political
power for political purposes.
2. TERRITORY - a geographical area under the jurisdiction of another country or
sovereign power or state.
MODES OR WAYS OF ACQUIRING A TERRITORY
1.Discovery and Occupation A state may acquire a territory by discovering a
continent, an island or land with no inhabitants or occupied by uncivilized inhabitants,
and thereafter, occupying it by placing it under its political administration. Discovery
will give the State inchoate (just begun) title over the discovered land that will prevent
others from acquiring it for a reasonable period of time until the inchoate title is
transformed into a full title by administering it.
2.Prescription It is a mode of acquiring a territory through continuous and
undisputed exercise of sovereignty over it during such period as is necessary to create
under the influence of historical development the general conviction that the present
condition of things is in conformity with international order.
3.Cession It is the assignment, transfer, or yielding up of territory by one state or
government to another. Cession may be in the form of sale or donation.
4.Subjugation and Annexation It is a mode of acquiring a territory belonging to a
state by occupation and consequent made by another state in the course of war and by
annexation at the end of the war.
5.Accretion is another mode of acquiring territory by addition of portion of soil,
either artificial such as the reclamation area in Manila Bay, or natural by gradual
deposition through the operation of natural causes such as the waves of the ocean.
DOMAINS OF A TERRITORY
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AERIAL DOMAIN
TERRESTRIAL DOMAIN
MARITIME DOMIAN
FLUVIAL DOMAIN
3. GOVERNMENT third element of the state. The agency, through which the will of
the people is formulated, expressed and carried out.
4. SOVEREIGNTY - is the supreme, absolute and uncontrollable power by which an
independent state is governed. It is the paramount control of the constitution and the
frame of government and its administration.
Two aspects/manifestations of sovereignty
1. Internal - the power of the state to rule within its territory
2. External - the freedom of the state to carry out its activities without subjection to
or control by other states.
LATIN MAXIM: PAR IN PAREM NON HABET IMPERIUM which means other
state cannot assert jurisdiction over the other state. They cannot interfere with the
affairs of the country because of their sovereign powers.
CHARACTERISTICS OF SOVEREIGNTY
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PERMANENT
EXCLUSIVE
COMPREHENSIVE
INALIENABLE
ABSOLUTE
UNIFIED
ORIGIN OF STATE
1. Divine Right Theory. It holds that the state is of divine creation and the ruler is
ordained by God to govern the people. It is also known as Divine Right Theory of
Kings. The state was created by God.
2. Social Contract Theory. Asserts that the early states must have been formed by
the deliberate and voluntary compact among the people to form a society and organize a
government for their common good. General will of the people is the primary
cause of the creation of the state. Form the voluntariness of the people to
create and form a state.
3. The Force Theory. It maintains that states must have been created through force,
by some great warriors who imposed their will upon the weak. This theory was
supported by Mao Zedong, the founding father of Communist China, saying "Political
power comes from the barrel of a gun". The strong state tries to defeat and invade the
territory of the weak ones.
4. Patriarchal or Matriarchal Theory. Some writers attribute the origin of the
state to the family grew into clan, then developed into a tribe which broadened into a
nation, and the nation became a state. It is from a simple conjugal family to a
nuclear family to an extended family then to a clan that clan grew into a
tribe and from that tribe it grew a nation and that nation became a state.
STATE DISTINGUISH FROM NATION AND GOVERNMENT
STATE
1. a political concept
2. May be made up of one or nations.
NATION
1. Racial or ethnical concept.
2. May be made up of one or several
states.
STATE
GOVERNMENT
HIERARCHY OF COURTS
Supreme Court
Court of Appeals
Individual Liberty
Free Elections
Free Enterprise
1. Unitary Government the powers of government are vested in and are exercised
by the national or central from which all local governments derive their existence and
powers.
2. Federal Government the powers of government are divided and distributed
between a national government for national affairs and local governments for local
affairs, each being supreme within its own sphere.
E. According to legality of existence:
1. De Jure founded on existing constitutional laws of the state and is supported by
the people.
2. De Facto not founded on existing constitutional laws of the state and is
maintained against the lawful or rightful authority of an established and lawful
government.
Under Article II, Section 1 of the 1987 Constitution, it states that the
Philippines is a democratic and Republican State. Sovereignty resides in the
people and all government authority emanates from them.
The Constitution.
2. Brevity A Constitution must be brief because it is not the place in which details of
organization should be set forth.
3. Definiteness A Constitution must be definite. In a statement of principle
underlying the essential nature of a state, any vagueness, which may lead to
opposing interpretations of essential features, may cause incalculable harm.
Essential Parts of a Constitution
There are three essential parts of a Constitution, namely:
1. Constitution of Government It is a portion of the Constitution that establishes the
main branches of government, defines the powers of government, and assigns them
to the said main branches.
2. Constitution of Liberty It is a portion of the Constitution which lays down the
individuals basic rights and freedoms, which are a protective shield against abuses
of government.
3. Constitution of Sovereignty It is the portion of the Constitution, which provides the
process for the exercise of peoples sovereign power to approve, amend or revise the
Constitution.
Definition of Terms.
Amendment the act of changing a specific provisions or provisions of a constitution.
Revision is the act of rewriting the whole constitution
Ratification approval by a majority of the votes cast in a plebiscite for the validity and
effectivity of a constitution, or an amendments, or revisions.
Plebiscite a vote of the people on some measure submitted to them by person or body
having the initiative or authority.
Constitutional Convention is an assembly of people authorized to make an
amendments or revisions to a constitution. They are the direct representatives of the
people with strictly limited powers and subject to the restrictions imposed on it by the
legislative call.
PREPARED BY:
ROSE ANN A. RAYO
INTRSUCTOR
SOCIAL SCIENCE 14