Nation – is a group of people bound together 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 Ethnic concept May or may not be controlled by external control (foreign countries) One race only
State Political concept Cannot be controlled by other countries (external) 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. Consequence of absence – avoid the 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/governorgeneral) 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?
