 GOVERNMENT IS "A SYSTEM OF SOCIAL

CONTROL UNDER WHICH THE RIGHT TO

MAKE LAWS, AND THE RIGHT TO
ENFORCE THEM, IS VESTED IN A
PARTICULAR GROUP IN SOCIETY".
 “GOVERNMENT OF THE REPUBLIC OF
THE PHILIPPINES” IS THE CORPORATE
GOVERNMENTAL ENTITY THROUGH
WHICH THE FUNCTIONS OF
GOVERNMENT ARE EXERCISED
THROUGHOUT THE PHILIPPINES
[SEC 2(1) OF THE ADMINISTRATIVE CODE OF THE PHILIPPINES]
OVERVIEW: STRUCTURE OF PHIL. GOV’T

 THE PHILIPPINE GOVERNMENT IS DEMOCRATIC AND REPUBLICAN.

THE REPUBLICAN FORM OF GOVERNMENT WAS DEVELOPED
DURING THE COMMONWEALTH PERIOD WHEN THE PHILIPPINES
WAS A POSSESSION OF THE UNITED STATES.
 THE PHILIPPINES HAS A PRESIDENTIAL
FORM OF GOVERNMENT BECAUSE IT
OBSERVES THE PRINCIPLE OF
SEPARATION OF POWERS. THE
ORDINARY CONNOTATION OF
PRESIDENTIAL SYSTEM IS THAT IT IS
HEADED BY A PRESIDENT, AS
DISTINGUISHED FROM A
PARLIAMENTARY SYSTEM WHICH IS
HEADED BY A PRIME MINISTER.
BASIC PRINCIPLES IN A DEMOCRATIC STATE

BILL OF RULE OF RIGHT TO

RIGHTS LAW REVOLT
BASIC PRINCIPLES IN A DEMOCRATIC STATE

RIGHT TO SEPARATION CHECK AND

SUFFRAGE OF POWERS BALANCES
FUNCTIONS OF THE GOVERNMENT

CONSTITUENT FUNCTIONS MINISTRANT FUNCTIONS

• USUAL FUNCTION OF THE • NOT BY WAY OF GOVERNING,
GOVERNMENT BUT BY WAY OF ADVANCING
• COMPULSORY IN NATURE THE GENERAL INTERESTS OF
SOCIETY
• OPTIONAL
PARENS PATRIAE
• (LATIN, PARENT OF THE COUNTRY) REFERS TO THE POWER OF THE
STATE TO ACT AS GUARDIAN FOR THOSE WHO ARE UNABLE TO
CARE FOR THEMSELVES, SUCH AS CHILDREN OR DISABLED
INDIVIDUALS.
CONSTITUTIONAL
PROVISIONS
•ARTICLE II, SECTION 12“THE STATE SHALL
STRENGTHEN THE FAMILY AS A BASIC SOCIAL
INSTITUTION. THE NATURAL RIGHT AND DUTY OF
THE PARENTS IN THE REARING OF THE YOUTH
FOR CIVIC EFFICIENCY AND THE DEVELOPMENT
OF THE MORAL CHARACTER SHALL RECEIVE THE
AID AND SUPPORT OF THE GOVERNMENT.”
P.D 1179 KNOWN AS THE CHILD AND YOUTH WELFARE CODE.
• WHERE MINORS ARE INVOLVED: “TO IT IS CAST THE DUTY OF
PROTECTING THE RIGHTS OF PERSONS OR INDIVIDUAL WHO
BECAUSE OF AGE OR INCAPACITY ARE IN UNFAVORABLE POSITION,
VIS-A-VIS OTHER PARTIES. UNABLE AS THEY ARE TO TAKE DUE
CARE OF WHAT CONCERNS THEM, THEY HAVE THE POLITICAL
COMMUNITY TO LOOK AFTER THEIR WELFARE. THIS OBLIGATION
THE STATE MUST LIVE UP TO. IT CANNOT BE RECREANT TO SUCH A
TRUST.”
STATUTORY
PROVISIONS
• REPUBLIC ACT NO. 9344 “AN ACT ESTABLISHING A COMPREHENSIVE
JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE
AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.”
• UNDER SECTION 20-C OF RA NO. 10630, “[A]NY PERSON WHO, IN THE
COMMISSION OF A CRIME, MAKES USE, TAKES ADVANTAGE OF, OR PROFITS
FROM THE USE OF CHILDREN, INCLUDING ANY PERSON WHO ABUSES
HIS/HER AUTHORITY OVERTHE CHILD OR WHO, WITH ABUSE OF
CONFIDENCE, TAKES ADVANTAGE OF THE VULNERABILITIES OF THE CHILD
AND SHALL INDUCE, THREATEN OR INSTIGATE THE COMMISSION OF THE
CRIME, SHALL BE IMPOSED THE PENALTY PRESCRIBED BY LAW FOR THE
CRIME COMMITTED IN ITS MAXIMUM PERIOD.”
DE JURE DE FACTO
• LEGITIMATE • WITHOUT LEGAL TITLE
GOVERNMENT
• HOW A THING IS “IN
• GENERALLY RECOGNIZED FACT”
“BY LAW”
• ON PAPER • IN PRACTICE
SOVEREIGNTY

• IT REFERS TO THE SUPREME POWER OF THE STATE TO RULE OVER

ITS CITIZENS WITHIN ITS TERRITORY AND BE FREE FROM THE
CONTROL OF FOREIGN STATES
FOUR KINDS OF SOVEREIGNTY
1. Legal sovereignty
• authority which has the power to issue final commands. This
is the supreme law-making power
2. Political sovereignty
• power behind the legal sovereign, or the sum of the
influences that operate upon it.
3. Internal sovereignty
• refers to the power of the State to control its domestic affairs.

4. External sovereignty
• is the power of the State to direct its relations with other
States.
 UNITED NATIONS CHARTER DOCTRINE

TERRITORIAL INTEGRITY
 RIGHT OF THE STATE TO RESIST ANY AGGRESSION OF INTERVENTION IN
ITS OWN AFFAIRS BY OTHER FOREIGN STATES.

TERRITORIAL SUPREMACY
 REFERS TO THE LEGAL AUTHORITY AND POWER OF A STATE TO IMPOSE
WHAT IT WANTS TO ALL PEOPLE, ORGANIZATIONS, OR ASSOCIATIONS
WITHIN ITS TERRITORY WITHOUT INTERFERENCE FROM FOREIGN STATES.
 CHARACTERISTICS OF SOVEREIGNTY
PERMANENCE
EXCLUSIVENESS
 COMPREHENSIVENESS
INALIENABILITY
ABSOLUTISM
UNITY
HOW IS SOVEREIGNTY ACQUIRED?
WHERE DOES SOVEREIGNTY RESIDE?
• SECTION 1, ARTICLE II OF THE 1987 PHILIPPINE CONSTITUTION STATES
THAT "XXX. SOVEREIGNTY RESIDES IN THE PEOPLE AND ALL
GOVERNMENT AUTHORITY EMANATES FROM THEM."