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I.

THE PHILIPPINES AS A STATE

STATE is community of persons, more or less numerous, permanently occupying a definite portion of
territory, independent of external control, and possessing a government to which a great body of
inhabitants render habitual obedience. See: Collector of Internal Revenue v. Campos Rueda, 42 SCRA23.

STATE is a legal or juristic concept vs NATION is an ethnic or racial concept.


GOVERNMENT is merely an instrumentality of the State through which the will of the State is
implemented and realized.

A. Elements of a State. .

1. People.
Inhabitants [Sec. 2, Art. Ill; Sec. 1, Art. XIII];
Citizens [Preamble; Secs. 1 & 4, Art. II; Sec. 7, Art. Ill]; (iii)
Electors [Sec. 4, Art. VII].

a) As requisite for Statehood: Adequate number for self-sufficiency and defense; of both sexes
for perpetuity.

2. Territory [Art. I; R.A. 3046; R.A. 5446].

a) The 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 domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine areas” [Sec. 1, Art. !].

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