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FORMS OF GOVERNMENT

The following are the forms of government:

1. As to the number of persons exercising sovereign powers:


Monarchy - the supreme authority is in the hands of a one person only; how he got
into power or how long his tenure would be does not matter
Absolute monarchy - the power of the monarch is based on divine right
Limited monarchy - the power of the monarch is based on the constitution
Aristocracy - the ruling power is in the hands of a few privileged class
Democracy - the power is in the hands of the people
Direct or pure democracy - the power is directly exercised by the people
through assembly or mass meeting.
Indirect, representative or republican - the power is exercised by a group of
persons chosen by the people to act as their representatives
2. As to extent of powers exercised by the central or national government:
Unitary government - the control of national and local affairs is under the central or
national government
Federal government - the powers of the government are divided between two sets of
organs, one for national and the other for local affairs, each organ being supreme within its
own sphere
3. As to relationship between the executive and the legislative branches of the government:
Parliamentary government - the executive is dependent on the legislative
Presidential government - the executive is constitutionally vested with powers making
it independent from legislative department
4. Other forms:
Civil government - the affairs of the state are administered and directed by the
citizens or their representatives
Military government - established and administered by a belligerent in the territory of
an enemy occupied by him
Constitutional government - the powers of those who rule are defined and limited by
the constitution
Despotic government - the powers of those who rule are vague and may seem
limitless because it is not defined nor limited by the constitution
Elective government - the state confers powers upon a person or organization
chosen by qualified voters and the holding of powers is for a limited term and under certain
conditions
Hereditary government - the state confers the powers of government upon a person
or organization standing in a certain family relations to his or their immediate predecessors
Coordinate government - the powers of the government is distributed among
separate departments equally independent of but coordinate with each other
Consolidated government - the state confides all governmental powers to a single
body
De jure government - established according to the constitution of the state and has
the general support of the people
De facto government - established against existing constitution of the state and is
maintained against the rightful and lawful government
Revolutionary government - installed, whether by force or otherwise, not in
accordance with the procedure prescribed in an existing constitution
The Philippines is a representative, unitary, presidential civil, constitutional, elective, coordinate, and
de jure government. In a way, it also exercises direct or pure democracy because of the
constitutional provision on initiative and referendum.

There are four theories of the Origin of State. They are the Natural Theory, the Force
Theory, the Divine Theory and the Social Contract Theory. There are in some cases
considered an extra two; the Divine Right of Kings Theory and the Patriarchal
Theory.

The Natural Theory is mankind's urge towards being part of the community. We all
integrate within our day-to-day lives. A phone call, an email, buying something from
a shop... That's all Natural Theory. We coexist because we dislike isolation and we
gain satisfaction and greater achievement from operating alongside others.

A part of this is the Patriarchal Theory. The father is the head of the family, and
family is an automatic community of its own accord. By this theory it would suggest
that humanity is programmed to be a community.

This fatherly control could also be classed under Social Contract Theory. This is
where the state or community essentially has a contract between the leader and
the people, much like in modern democracies. The contract is that they receive
power and authority in return for delivering results. In a similar sense, a father is the
leader of the family. In modern times the family unit has become more ambiguous,
but still it is often treated that way; they are the man of the house; the money-
earner. It is on them to deliver and with delivery comes trust, loyalty and respect.
Without it comes a lack of faith and, like in a Social Contract scenario, they would
perhaps look elsewhere for delivery.

The most traditional theory is the Force Theory. It's the most historically relevant
and still applies in some modern day societies. It is the theory of singular command;
dictatorship. One person, or a group, forces all the people in an area to obey their
rule. It often happens through war, in which the weak or the defeated parties are
forced to submit.
This same theory of force applies with the Divine Right of Kings. It is claimed they
had spiritual power that was given to them by God as sovereigns of state and
granted them absolute power and authority over their subjects.

The final theory is the Divine Theory itself; God created the state, and gave certain
people the right to govern lands and that has progressed steadily throughout
history in what could only be described as fate.

Article 4 - General obligations

1. States Parties undertake to ensure and promote the full realization of all human
rights and fundamental freedoms for all persons with disabilities without
discrimination of any kind on the basis of disability. To this end, States Parties
undertake:

a) To adopt all appropriate legislative, administrative and other measures for the
implementation of the rights recognized in the present Convention;

b) To take all appropriate measures, including legislation, to modify or abolish


existing laws, regulations, customs and practices that constitute discrimination
against persons with disabilities;

c) To take into account the protection and promotion of the human rights of persons
with disabilities in all policies and programmes;

d) To refrain from engaging in any act or practice that is inconsistent with the
present Convention and to ensure that public authorities and institutions act in
conformity with the present Convention;

e) To take all appropriate measures to eliminate discrimination on the basis of


disability by any person, organization or private enterprise;
f) To undertake or promote research and development of universally designed
goods, services, equipment and facilities, as defined in article 2 of the present
Convention, which should require the minimum possible adaptation and the least
cost to meet the specific needs of a person with disabilities, to promote their
availability and use, and to promote universal design in the development of
standards and guidelines;

g) To undertake or promote research and development of, and to promote the


availability and use of new technologies, including information and communications
technologies, mobility aids, devices and assistive technologies, suitable for persons
with disabilities, giving priority to technologies at an affordable cost;

h) To provide accessible information to persons with disabilities about mobility aids,


devices and assistive technologies, including new technologies, as well as other
forms of assistance, support services and facilities;

i) To promote the training of professionals and staff working with persons with
disabilities in the rights recognized in the present Convention so as to better provide
the assistance and services guaranteed by those rights.

2. With regard to economic, social and cultural rights, each State Party undertakes
to take measures to the maximum of its available resources and, where needed,
within the framework of international cooperation, with a view to achieving
progressively the full realization of these rights, without prejudice to those
obligations contained in the present Convention that are immediately applicable
according to international law.

3. In the development and implementation of legislation and policies to implement


the present Convention, and in other decision-making processes concerning issues
relating to persons with disabilities, States Parties shall closely consult with and
actively involve persons with disabilities, including children with disabilities, through
their representative organizations.

4. Nothing in the present Convention shall affect any provisions which are more
conducive to the realization of the rights of persons with disabilities and which may
be contained in the law of a State Party or international law in force for that State.
There shall be no restriction upon or derogation from any of the human rights and
fundamental freedoms recognized or existing in any State Party to the present
Convention pursuant to law, conventions, regulation or custom on the pretext that
the present Convention does not recognize such rights or freedoms or that it
recognizes them to a lesser extent.

5. The provisions of the present Convention shall extend to all parts of federal
States without any limitations or exceptions.

FUNCTIONS OF GOVERNMENT
There are two functions of government: constituent and ministrant.

Constituent functions are those which constitute the very bonds of society and are compulsory in
nature. Examples are keeping of order and providing for the protection of persons and property; the
fixing of the legal relations between man and wife, and between parents and child; the regulation of
property and the determination of contract rights; the definition and punishment of crime, the
administration of justice, the determination of political duties, privileges, and relations of citizens,
dealings of the state with foreign powers, the preservation of the state from external danger and the
advancement of international interest.

photo courtesy of http://www.mrdonn.org/


Ministrant functions are those that are undertaken only by way of advancing the general interests of
society and are merely optional. Examples are public works, public education, public charity, health
and safety regulations and regulations of trade and industry.
During the late years of the Spanish Era, several forms of governments were formed by
the Filipinos with the aim to oppose Spains political power as well as to established self-
governance.

There are different forms of de facto government that were established in


the Philippines during the Spanish period; these governments are the Katipunan, the Biak-
na-Bato Republic, the Dictatorial Government, the Revolutionary Government as well as the
First Philippine Republic.
The Katipunan is a secret revolutionary organization in 1896 that was organized by Andres
Bonifacio.

The central government of this secret society was vested in the Supreme Council or called
as the Kataas-taasang Sangunian. The Judicial council or the Sanguniang Hukuman is
in-charge with the judicial power.

After the founder Andres Bonifacio was executed, Gen. EmilioAguinaldo assumes power
and established a new government. Gen. Emilio Aguinaldo acted as the first president of
the Philippines by the virtue of the Spanish periodelection held on the 22nd of March year
1897.

The Biak-na-Bato Republic was founded by Gen. Emilio Aguinaldo on the 1st of November
in the year 1897. The republic only takes effect for two years. However, the Republic of
Biak-na-Bato declared the separation of the Philippine Islands from the mother country
Spain.

The Dictatorial Government is also founded by Gen. Emilio Aguinaldoon 24th of May 1898;
after the outbreak of the Spanish-American War on the 25th of April in the year 1898. With
the Dictatorial government, the Philippine independence was proclaimed on the 12th day of
June in the year 1898 in Kawit, Cavite.

The Revolutionary Government is another government established by Gen.


Emilio Aguinaldo on the 23rd day of June in the year 1898;replacing the dictatorial
government. This government aims to struggle for the Philippineindependence until the
foreign countries including Spain will recognized the Philippines. It also aims for the future
establishment of the real republic.

The First Philippine Republic was formed by the revolutionary congress of


the FilipinoRepresentatives through the Malolos Constitution. The free and
Independent Philippine republic was inaugurated on the 23rd day of January in the year
1899, making Gen. Emilio Aguinaldo as the president. However, the new established
republic was not recognized by the family of nations.
In the month of February year 1899, the United States of America annexed
the PhilippineArchipelago as a result of the Spanish American War.

After the World War II, the American government grants the Philippines with the
Independence.

Article 1

Every State has the right to independence and hence to exercise freely, without dictation by
any

other State, all its legal powers, including the choice of its own form of government.

Article 2

Every State has the right to exercise jurisdiction over its territory and over all persons and

things therein, subject to the immunities recognized by international law.

Article 3

Every State has the duty to refrain from intervention in the internal or external affairs of any

other State.

Article 4

Every State has the duty to refrain from fomenting civil strife in the territory of another
State,
and to prevent the organization within its territory of activities calculated to foment such civil
strife.

Article 5

Every State has the right to equality in law with every other State.

Article 6

Every State has the duty to treat all persons under its jurisdiction with respect for human
rights

and fundamental freedoms, without distinction as to race, sex, language, or religion.