Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

State is a community of persons, more or less, numerous, permanently occupying a fixed territory, and

possessed an independent government organized for political ends to which the great body of
inhabitants renders habitual obedience.
People refer simply to the inhabitants of the State. Although there are no legal requirement as to
number, it is generally agreed that
1. They must be numerous enough to be self-sufficient
2. And able to defend themselves
3. But small enough to be easily administered and sustained
Territory is a fixed portion of the surface of the earth inhabited by the people of the State.
It must be neither too big as to be difficult administer/ nor too small to be unable to provide for needs
of the population
Article 1: National Territory
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 domain, including the territorial sea, the seabed, the subsoil, the insular
shelves and other submarine areas. The water around, between and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.
1. Treaty of Paris - cession of sovereignty from Spain to US.
a. 1989
b. 1900 Cagayan, Sulo, Sibuto
c. 1930 Great Britain Turtle and Mangsee Island
d. Batanes 1935 Constitution
2. PD 1596 inclusion of the kalayaan islands
3. PD 1599 exclusive economic zones (base on the international law enacted by the unclos) 200
nautical miles from the coastline
4. RA 3046 determination of the baseline of the territorial sea of the Philippines
5. RA 5446 amendment/ adjustment of the Section 1 of the RA 3046
6. RA 9992 Archipelagic Law, extension of the Philippine Continental Act
Government is the agency or instrumentality through which the will of the State is formulated,
expressed and realized

Constituent constitute the very bonds of society, and are therefore compulsory
1. Keeping order and providing protection of persons and properties from violence and robbery
2. Fixing the legal relations between husband and wife and between parents and children
3. The regulation of the transmission , holding and interchange of property and the determination
of its liability for debt or for crime
4. The determination of the contractual rights between individuals
5. The definition of punish of crimes
6. The administration of justice in civil cases
7. The administration of political duties, privileges and relations of citizens
8. The dealing of the state with foreign power, the preservation of the state from external danger
and encroachment, and the advancement of its international interests.
Ministrants are those undertaken to advance the general interest of society such as the public works,
public charity and the regulation of trade and industry.
The growing complexities of modern society however, have rendered the traditional distinction of
functions of the government quite unrealistic not to say obsolete. The areas which are used to be left to
private enterprise and initiative and which the government was called upon to enter optionally and only
because it was better equipped to administer for the public welfare than is any private individuals or
group of individuals, continue to lose their well-defined distinction to be absorbed within the activities
that the government must undertake in its sovereign capacity if it is to meet the increasing social
challenges of the times.
Doctrine of Parens Patria Guardian of the State. It is Prerogative inherent of the State, where it is
called upon to protect the people the with less than FULL capacity to take adequate care of their
interest.
De jure government has the rightful title but has no power or control either because it has been
withdrawn from it or because it has not yet actually entered into exercise
De facto government, on the other hand, is a government of facts, that is actually exercises power /
control without legal title
1. Usurpation the government gets possession of control, or usurps, by force, or by force of the
majority, the legal government and maintain itself against the will of the latter
2. Insurrection established as an independent government by the inhabitant of the country who
rise insurrection against the parent state.
3. Invasion That which is established by military forces who invade and occupy territory of the
enemy in the course of war and which is denominated a government on paramount force
The Government of the Philippines defined as a corporate governmental entity through which the
functions of the government are exercised throughout the Philippines, including, save as the contrary
appears from the context, the various arms through which political authority is made effective in the
Philippines, whether pertaining to the provincial, city, municipal or brgy. Subdivision or other forms of
local government.
Administration which is the group of persons in whose hands the reins of government are for the time
being.

Sovereignty is the supreme and uncontrollable power inherent in a State by which that State is
governed.

Legal Sovereignty the authority which has the power to issue final commands
Political Sovereignty power behind the legal sovereign, or the sum total of the influences that operate
upon it.

You might also like