State – is a community of persons more or less numerous, permanently occupying b) external or the freedom of the state to carry out

tate to carry out its activities without

a definite portion of territory, having a government of their own to which the subjection to or control by other states. (often referred to as
great body of inhabitants render obedience, and enjoying freedom from external Independence)
control.

Elements of State – the modern state has four (4) essential elements, they
are: State Nation
- a political concept - an ethnic concept
1. People - This refers to the inhabitants living within the state. Without people - is a community of persons - is a group of people
there can be no functionaries to govern and no subjects to be governed. There is more or less numerous, bound together by the
no requirement as to the number of people that should compose a state. permanently occupying a certain characteristics
The Philippines is estimated to have a population of about 92.34 million based on definite portion of territory, such as common social
the latest count conducted from May to June 2010 by NCSO. (108.57 million based having a government of their origin, language,
on UN data - 2019) own to which the great body of customs, and traditions,
inhabitants render obedience, and who believe that
2. Territory – It includes not only the fixed portion of land over which the and enjoying freedom from they are one and distinct
jurisdiction of the state extends (territorial domain), but also the rivers and lakes external control. from others.
therein, a certain area of the sea which abuts upon its coast (fluvial and maritime - not subject to external control - may or may not be
domain) and the air space above the land and the waters (aerial domain). Thus, independent of external
the domain of the state may be described as terrestrial, fluvial, maritime, and control
aerial. (Art. 1) - may consist of one or more - a single nation may be
nations or peoples and made up of several
The Philippines has a total land area of about 115, 813 square miles or about conversely states
299,955 square kilometers

3. Government – It refers to the agency through which the will of the state is
formulated, expressed and carried out. It is also used to refer person or aggregate
of those persons in whose hands are placed for the time being the function of
political control. This “body of men” is usually spoken of as “administration”.
4. Sovereignty – may be defined as the supreme power of the state to command
and enforce obedience to its will from people within its jurisdiction and
corollarily, to have freedom from foreign control. It has two (2) manifestations:
a) internal or the power of the state to rule within its territory; and
The Philippines is a state composed of one nation.
State distinguished from government
They are usually regarded as identical. The acts of the government (within
the limits of the delegation of powers) are the acts of the state, the former is meant
when the latter is mentioned, and vice versa.
- The government is only the agency through which the state articulates its
will.
- The government is the agent, the state is the principal.
 - A state cannot exist without a government, but it is possible to have a
government without a state.
- A government may change, its form may change, but the state, as long as
its essential elements are present, remains the same.
Government – It refers to the agency through which the will of the state is
formulated, expressed and carried out. It is also used to refer person or aggregate
of those persons in whose hands are placed for the time being the function of
political control. This “body of men” is usually spoken of as “administration”.
Constitution – refers to “that body of rules and principle in accordance with
which the powers of sovereignty are regularly exercised”. It covers both written
and unwritten constitutions.
Constitution of the Philippines - is a written instrument enacted by the direct
action of the people by which the fundamental powers of the government are
established, limited, and defined and by which those powers are distributed
among the several departments for their safe and useful exercise, and for the
benefit of the body politic. (Malcolm and Laurel)
 Primary purpose of Constitutional Construction
The primary task of constitutional construction is to ascertain the intent or
purpose of the framers of the constitution as expressed in the fundamental law,
and thereafter to assure its realization.
 "Enduring Construction” of the constitution
A Constitution is not intended to provide merely for the exigencies of a few
years but is to endure through a long lapse of ages, the events of which are
locked up in the inscrutable purposes of Providence (US v. Ang Tang Ho)
 Construction of Constitutional Language
The words should as much as possible be understood in the sense that have a
common use and given their ordinary meaning, except when technical terms
are employed in which case the significance thus attached to them prevails.
(J.M Tuason and Co., Inc. v Land Tenure Administration)
 Nature of the Constitution
It is the fundamental law of the land which the powers of the government are
established, limited, and defined, and by which those powers are distributed
among the several departments for their safe and useful exercise, and for the
benefit of the body politic.
 Purpose of the Constitution
The purpose of the Constitution is to prescribe the permanent framework of a
system of government, to assign to the different departments their respective
powers and duties, and to establish certain fixed principles on which
government is founded.
 Classifications of a Constitution
Written – Is one which the provisions have been reduced to writing and
embodied in one or more instruments at a particular time
Unwritten – Is one which has not been reduced to writing at any specific time
but is the collective product of a gradual political development consisting of
usages and customs, judicial decisions, dictas and laws
Conventional Constitution – is enacted deliberately and consciously by a
constituent body or ruler at a certain time and place.
Cumulative Constitution – Is a product of a gradual political development
Rigid Constitutional – Is one which can be amended through a formal and
difficult process
Flexible Constitution – Is one which can be changed by ordinary legislation
 b. Broad – it is through the fundamental powers of the government are
Constitutional Law – is that branch of public law which treats of constitutions, established, limited and defined by which those powers are
their nature, formation, amendment, and interpretation. distributed among the several department s of the government for
their safe and useful exercise and for the benefit of the body politic
Nature and Purpose or Function of Constitution
c. Definite or concise – Because vagueness may cause incalculable
1) Serves as the supreme or fundamental law. – A constitution is the harm, or it may lead to opposing interpretations which may bring
character creating the government. It has the status of a supreme or
about chaos and violence instead of peace.
fundamental law as it speaks for the entire people from whom it derives
its claim to obedience.
Essential parts of a good written Constitution
The Constitution is binding on all individual citizens and all organs of the Constitutional Liberty – It contains the fundamental civil and political rights
government. It occupies the highest level in the hierarchy of laws. It is the
of the citizen as well as the limitations on the powers of the government to
law which all other law must conform and in accordance with which all
private rights must be determined and all public authority administered. secure the enjoyment of the rights of the citizens
Constitution of the Government – It contains provisions that enumerate the
2) Establishes basic framework and underlying principles of
powers of the government and outline it organization
government. – The constitution is also referred to as the organic or basic
law being or relating to the law by virtue of which the government exists Constitution of Sovereignty – It contains the provision on how to change the
as much.
Constitution
3) Designed to protect the basic rights of the people. – The constitution
is primarily designed to preserve and protect the rights and individuals
against the arbitrary actions of those in authority. Its function is not to
legislate in detail but to set limitations on the otherwise unlimited powers
of the legislature or the government as a whole.

Requisites of a good written constitution

1. As to form, a good written constitution should be:

a. Brief. – because if a constitution is too detailed, it would lose to

advantage of a fundamental law which in a few provisions outlines the
structure of the government of the whole state and the rights of the
citizen.
– it is not intended to go into details