GROUP 2

CONCEPT OF STATE AND

DEFINITION OF STATE
The state is the most universal
and
most
powerful
of
all
social
institutions . Thus it is the highest
form
of
human
association.
It
is
necessary
because
it
comes
into
existence out of the basic needs of
life.
According to Aristotle:
A state is a union of families and villages having for its
end a perfect and self-sufficing life by which it meant a
happy and good life.

DEFINITION OF STATE
According to James Garner:
The state is a community of persons more or less
numerous permanently occupying a definite portion of
territory, independent of external control and possessing
an organized government to which a great body of
inhabitants rendering habitual obedience.
According to Henry Sidgwick:
A state is a combination or association of persons in
the form of government and governed and united
together into a politically organized people of definite
territory.

ESSENTIAL ELEMENTS
PHYSICAL ELEMENTS
1. POPULATION
2. TERRITORY

POLITICAL ELEMENTS
1. GOVERNMENT
2. SOVEREIGNTY

STATE VS. NATION

STATE
- A state is an organized community living under a
unified political system, the government. It is the legal
term of the administrative structure having the power
over the given territory
- A state may be defined as a politically organized body
of people inhabiting a defined geographical entity with
an organized legitimate government.
- a legal or juristic concept.

STATE VS. NATION

NATION
- A nation may refer to a community of people who share
a common language, culture, ethnicity, descent, or
history. It is a sociological phenomenon - the community
of people with awareness of common origin, history,
language and culture.
- A nation may be defined as a group of people with a
common race, culture, religion and historical experiences
but who may not necessarily live together in a single
territory.
- an ethnic or racial concept.

ESSENTIAL ELEMENTS
1. POPULATION
According
to
Constitution:

the

1987

Philippine

I n h a b i t a n t s (sec. 2, Art. III ; sec. 1, Art. XIII)

C i t i z e n s (sec. 1&4, Art. II; sec. 7, Art. III)
E l e c t o r s (sec. 4, Art. VII)
Refers to the inhabitants of the state. There
i s n o s t r i c t r e q u i r e m e n t o n t h e i r n u m b e r, b u t
t h e y m u s t b e o f s u ffi c i e n t n u m b e r t o b e s e l f s u ffi c i n g a n d c a p a b l e o f d e f e n s e ; o f b o t h
s e x e s f o r p e r p e t u i t y.

CITIZENSHIP VS. NATIONALITY

CITIZENSHIP
Citizenshipis gained by
meeting
the
legal
requirements of a national,
state, or local government. A
nation grants certain rights
and privileges to its citizens.
- Can be changed or taken
back.
- Legal or Juristic

NATIONALIT
Y
Nationality refers to the
country you came from and
to a group of people who
share a common ethnic
identity, language, culture,
descent, history, and so
-forth.
Innate and Absolute.
- Ethnic or Racial

ESSENTIAL ELEMENTS
2. TERRITORY
According
to
Constitution:

the

1987

Philippine

THE NATIONAL TERRITORY

Sec. 1, Art. I: The national territory comprises the Philippine
archipelago, with all the islands and waters embraced therein,
and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.

ESSENTIAL ELEMENTS
3. GOVERNMENT
It is the instrument that provides mechanisms in
determining, formulating, and implementing the policies
of the state. It is the essential instrument or machinery
of the state that carries out its will, purposes and
objectives.
Sec. 1, Art. II: The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government
authority emanates from them.

Sec. 4, Art. II: The prime duty of the Government is to serve

and protect the people. The Government may call upon the
people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law,
to render personal, military or civil service.

PHILIPPINE GOVERNMENT
REPUBLICAN
It
is
one
wherein
all
government
authority
emanates from the people
and
is
exercised
by
representatives chosen by
the people.

DEMOCRATI
C
This emphasizes that the
Philippines has some aspects
of direct democracy
such
initiative and referendum.
Initiative the power of the
people
to
propose
amendments
to
the
Constitution or to propose
and
enact
legislations
through an election called
Referendum
the power of
for the purpose.
the electorate to approve or
reject a legislation through
an election
called for the
purpose.

PHILIPPINE GOVERNMENT
A. EXECUTIVE
- It is one of the three branches of Philippine
government. The State functions through the executive,
namely the government. It is the duty of the executive to
enforce the laws passed by the legislature. The executive
who exercise real power is the real executive. The
executive who has nominal power is the normal
executive.
Sec. 1, Art. VII :
The executive power shall be vested in the President of
the Philippines.

PHILIPPINE GOVERNMENT
B. LEGISLATIVE
- The legislature has an important role in the adjustment
of the constitution. The legislature is a deliberative body
where matters of social, economic and political concerns
are discussed, debated and decided.
Sec. 1, Art. VI :
The legislative power shall be vested in the Congress of
the Philippines which shall consist of a Senate and a
House of Representatives, except to the extent reserved
to the people by the provision on initiative and
referendum.

PHILIPPINE GOVERNMENT
C. JUDICIARY
- Judiciary is the third important organ of the
government . Its main function is to interrupter laws and
administer justice.
Sec. 1, Art. VIII :
The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government.

ESSENTIAL ELEMENTS
4. SOVEREIGNTY
It is defined as the supreme and uncontrollable power
innate in a state to command and enforce obedience to
its will from the people within its jurisdiction and
ultimately to have freedom from foreign control.
Sec. 1, Art. II: The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government
authority emanates from them.

Sec.

7, Art. II: The State shall pursue an independent

foreign policy. In its relations with other states, the

paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to selfdetermination.

SOVEREIGNTY VS. INDEPENDENCE

INDEPENDEN
CE
It is defined as the power of a
State to manage its external
affairs without direction or
interference from another
State.

SOVEREIGNTY
It
is
understood
injurisprudenceas the full
right
and
power
of
a
governing body to govern
itself
without
any
interference from outside
Internal means the State is
sources or bodies.
supreme over all its citizens,
and
association
and
is
capable of managing its own
External

means
the
affairs.
freedom of the State to carry
out its activities without
subjection to or control by
other states.

THE ORIGIN OF THE STATE

1. DIVINE RIGHT
THEORY
The theory of divine origin

is the oldest among all

theories. According to this theory, state is established
and governed by God himself. God may rule the state
directly or indirectly through some ruler who is regarded
as an agent of God.
Example:

Kings and Queens of

England

Pharaohs of
Egypt

THE ORIGIN OF THE STATE

2. FORCE THEORY
According to this theory, the state originated due to
force exerted by the strong over the weak. The idea
contained in the statement is that war begat the king.
The powerful conquered the weak state is the outcome
of the process of aggressive exploitation of the weaker
by the stronger. It means that might is right and those
who are physically weak should go to the wall.
Example:

Greco-Persian
War

War of Marathon

THE ORIGIN OF THE STATE

3. PATERNALISTIC
THEORY
This theory is formed on the principle that the state was
an evolution of the family which remained under the
authority of the father, becoming more and more
complex as they grow, which broadened into a nation,
and a nation into a state.
Example:

Abraham