Nation – is a group of people bound together
Consequence of absence – avoid the
by certain characteristics such as common
social origin, language, customs, and
traditions, and who believe that they are one
and distinct from others
State – 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.
Nation State
Ethnic concept Political concept
May or may not be Cannot be
controlled by controlled by other
external control countries (external)
(foreign countries)
One race only Consists of different
races
Elements of State:
1. People
2. Territory
3. Government
4. Sovereignty (internal and external)
Origin of States:
1. Divine right theory – the state is of divine
creation and the ruler is ordained by God to
govern the people.
2. Necessity or force theory – states must
have been created through force, by some
great warriors who imposed their will upon
the weak
3. Paternalistic theory - attributes the origin
of states to the enlargement of the family
which remained under the authority of the
father or mother. By natural stages, the
family grew into a clan, then developed into
a tribe which broadened into a nation, and
the nation became a state.
4. Social contract theory – states must have
been formed by deliberate and voluntary
compact among the people to form a society
and organize government for their common
good. This theory justifies the right of the
people to revolt against a bad ruler.
Purpose and necessity of Government:
1. Advancement of Public Welfare – benefit of
the people; protection of society
2.
access of government; fight against
disorder/anarchy (chaos)
Different Forms of Government:
1. As to number of persons exercising
sovereign powers
a. Monarchy – power belongs to one
person in which the supreme and final
authority is in the hands of as single person,
e.g. king, queen, empress, without regard to
the source of his election or nature or
declaration of his tenure.
Classifications:
i. Absolute Monarchy – which the ruler
rules by divine right; given by God; e.g.
Thailand, Saudi Arabia
ii. Limited Monarchy – which the ruler
rules in accordance with a constitution; e.g.
England – Britain
b. Aristocracy – power is in the hands of
few people; which the political power is
exercised by a few privileged class; also
known as oligarchy
c. Democracy – which the political power
is exercised by the majority of the people, or
by the people itself.
Classifications:
i. Direct/Pure Democracy – which the will
of the state is formulated or expressed
directly through the people
ii. Indirect/Representative – Republican
2. As to extent of powers exercised by a
central or national government
a. Unitary Gov’t – in which the control of
national and local affairs is exercised by the
central/national gov’t; e.g. Philippine
constitution
b. Federal Gov’t – which the powers of
gov’t are divided between two sets of
organs: one for national affairs and local
affairs (governors); e.g. US
3. As to relationship between the executive
and the legislative branches of the gov’t
a. Parliamentary Gov’t – which the state
caters upon the legislative the power to
terminate the tenure of the office of the
“real” executive
b. Presidential Gov’t – which the state
makes the executive constitutionally
independent of the legislative as regard his
tenure
4. As to the number of tenure of the officials
a. Hereditary
b. Elective/Popular
**Philippines is a representative democracy,
a unitary, and presidential government with
separation of powers.
The Gov’t of the Phil. In Transition
Pre-Spanish Gov’t
-Unit of gov’t: baranganic gov’t (barangay)
-Ruled by datu
-Composed of 30-100 families
-Larger barangay is ruled by
rajah/sultan/king
-Monarchy type
-Powers: 1. executive – chief; commander
(warriors)
2. legislative – creating the laws
3. judiciary
-Umalohokan: barangay crier/ messenger
-“elders”: advisers of datu
-Maragtas and Kalantiaw Code
-Trial by ordeal, public trial
-3 social classes:
1. Maharlika (nobles) – slave-owning
families
2. Timawa (freemen) – majority of the
population/free-born persons/emancipated
slaves
3. Alipin (slaves) – a. namamahay: have
own house, own properties, could marry
without master’s consent
b. sagigilid: lives in their
master’s house, have no properties at all
-Emancipation of slaves: marriage, purchase,
voluntary actions of the masters
-Causes of slavery: at birth, captivity in war,
purchase, failure to pay debt, punishment for
a crime
-barangay to towns/pueblos (leader:
gobernadorcillo/”little governor”) to
provinces (leader: governor/governor-
general) and/or cities (ayuntamiento, city
council)
Spanish Gov’t
-Miguel Lopez de Legazpi: colonized the
Philippines
-Council of the Indies: body that handle all
matters pertaining to the colonies of Spain
(Laws of the Indies)
-Governor-general: chief
executive/commander-in-chief
-Royal Audiencia: Supreme court; checks the
gov-gen
-visitador: representative of the king/viceroy
of Mexico
-special courts: ecclesiastical courts, naval
court
-2 territorial audiencia: Cebu and Vigan
-residencia: trial of outgoing gov-gen and
other public officials
-bishops and clergy: for those who are close
to the king
Revolutionary Era
-Katipunan Gov’t (KKK): A. Bonifacio, a
secret society
-ranks/memberships:
1. Katipon – associates; black; Anak ng
Bayan
2. Kawal – soldier; green; GomBurZa
3. Bayani – patriot; red; Rizal
-Supreme Council (Central Gov’t) –
Kataastaasang Sanggunian
- Provincial Council (Provinces) –
Sangguniang Balangay
-Popular Council (Towns) – Sangguniang
Bayan
-Judicial Council – Sangguniang Hukuman
-Biak-na-Bato Gov’t – president: Gen.Emilio
Aguinaldo
-Magdalo: Aguinaldo; Magdiwang: Bonifacio
-constitution – took effect for two years only,
up to December 15, 1897
-Peace Policy/Agreement
-amnesty
-Pact of Biak-na-Bato – peace agreement bet.
Spanish gov’t and Biak-na-Bato gov’t
-Dictatorial Gov’t (temporary)
-Dictator Aguinaldo
-Achievements:
1. Philippine Independence – June 12, 1898
2. Showing of Philippine flag
3. Playing of the National Anthem
-Revolutionary Gov’t
-Sublime paralytic: Apolinario Mabini
-President Aguinaldo
-established on June 29 1898
-Malolos Constitution: The first republic
gov’t of the Philippines
-September 15 1898
-“First Philippine Republic”
-Spanish(Filipino)-American War
The Philippines under the US regime
1. Military Government – to establish peace
and order; first military general was Wesley
Merritt
2. Civil Gov’t – first civil general: William
Howard Taft (Pres of the US)
3. Commonwealth Gov’t – transition for the
Philippine Independence, 10 years; Pres.
Manuel L. Quezon, VP Sergio Osmeña; was
cut because of the Japanese Period
Governments during the Japanese
occupation
1. Japanese Military Administration
2. Philippine Executive Committee – civil
gov’t
- was composed of Filipinos
- Puppet government
- Jose (Jorge) B. Vargas: chairman
3. Second Republic of the Philippines
(Japanese-sponsored) – Pres. Jose P. Laurel
After Japanese Occupation
-Third Republic of the Philippines: Pres.
Manuel Roxas
- July 4 1946
-1935 Constitution
-Fourth Republic of the Philippines: Pres.
Ferdinand E. Marcos
-1973 Constitution
-started during 1981-1986
-The Provisional Gov’t of 1986 (5th Republic of
the Phil)
-Pres. Corazon C. Aquino
-1987 Constitution
-Characteristics
a. revolutionary – it was not instituted not
in accordance with the procedure provided in
an existing constitution
b. de jure / de facto – de jure is founded in
accordance with the existing constitution, de
facto has the general support of the people
and effective control of the territory
c. constitutional and transitory – hybrid
constitution
d. democratic – pure democracy
e. powers – coming from the people
f. provisional constitution
Constitution
- the body of rules and principles in
accordance with the powers of sovereignty
are regularly exercised
-Nature/Purpose:
1. It serves as the supreme of fundamental
law
2. Establishes basic framework and
underlining principles of government
-Kinds of Constitution:
1. As to their origin/history
a. Conventional/Enacted: enacted by
a constituent assembly on granted by a
monarch to his subjects
b. Cummulative/Evolved: product of
growth of long period of development
originating from customs, traditions, judicial
decision
2. As to their form
a. Written
b. Unwritten – pre-colonial
3. As to manner of amending them
a. Rigid/Inelastic – you cannot simply
be amended o altered or changed except by
some special machinery; cannot easily
approve; mahirap palitan at mahirap
aprubahan
b. Flexible/Elastic – possesses no
higher legal activity than ordinary laws; can
easily be changed or altered; madaling
palitan madaling aprubahan
-Advantages and disadvantages of Written
Constitution
Advantage: clearness and definiteness
Disadvantages: difficulty of its
ammendments
-Law: “bill” – law in the process
“quorum” – number of people in order
to have an assembly that could create
another law
-Requisites of a Good written constitution
1. As to form: brief (description), broad
(scope), definite (exact/closeness of
definition)
2. As to content:
a. constitution of gov’t: framework of
gov’t and its powers
b. constitution of liberty: fundamental
rights
c. constitution of sovereignty: pointing
out the mode or procedure for amending or
revising the constitution
Interpretations of Constitution
-Is it for everyone? Specific person?
Authority?