Lesson 2 Fundamentals of State

Learning Objectives:
When you finish this lesson, you will be able to do the following:
1. Understand the concept of nation and state.
2. Identify and discuss the essential elements of state
3. Distinguish state from nation and government.
4. Discuss the theoretical basis/origin of states

Introduction

Some contemporary Scholars like Quentin Skinner define the state today as "a locus of power distinct from
either the ruler or the body of the body of the people." (Skinner, Foundations of Modern Political Thought, II,
p.355). Yet, others would argue that the potency of the word "state" derives from the fact that it means both
ruler and people. In other words, the state is at the same time loved for its promise of order and stability for
the whole community and feared for its threat of coercion by the power which does the ordering. Both schools
of thought may be right for there is no universal definition of the concept. But no intellectual discussion about
the concept of the state is complete without a review of the writings of St. Thomas Aquinas and Martin Luther.
First, and most important, St. Thomas Aquinas arguably was the first to formulate the concept of the state as
the "set order of the rulers" at the heart of every stable commonwealth. The general concept which was
necessary before the name could be attached to a particular form of government in Aristotle's framework.
Second, Martin Luther continued to evolve the concept of the state in terms of how he saw a division of labor
between Church (or spiritual power) and those things temporal—the state—and how the ruler, without direct
intervention from the Church, should govern it with respect to his nobles and, above, all the common good of
the people of his realm.

Aquinas establishes early on that the state is a natural institution (very different from Augustine whose ideas
prevailed up to this point in history) because "la naturaleza del hombre [es] ser un animal sociable y politico
que vivien sociedad." (Aquinas, La Monarquia, I, p. 7) And he goes on to affirm that man must live in societies
to achieve fulfillment "porque un sol hombre por si mismo no puede bastarse en existencia." (Aquinas, La
Monarquia, I, p. 7).

State defined
A 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 (Collector of Internal Revenue v. Campos Rueda)
The Philippines is a state.

State distinguished from a Nation

A 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. (De Leon,
Textbook on the Philippine Constitution.
In common usage, the terms are often used interchangeably. However, a state is a political concept while a
nation is an ethnic concept. A state may consist of one or more nation. For example, the United States of
America is a melting pot of several nationalities and conversely, a single nation may be made up of several
states such as the Arab Nation which is divided into several states such as Saudi Arabia, Jordan, Syria,
Lebanon etc.(De Leon, Textbook on the Philippine Constitution)

State distinguished from Government

A government is only the instrument through which the will of the state is expressed. It can exist without the
state while the state cannot exist without a government.

A government may change, its form may change, but the state, as long as its essential elements are present,
remains the same.

Inherent Powers of the State

Police Power
It is defined as the power of promoting the public welfare by restraining and regulating the use of liberty and
property (Freund). It is the Inherent and plenary power of the state which enables it to prohibit all that is hurtful
to the comfort, safety and welfare of society (Ermita-Malate Hotel and Motel Operators Association, Inc v
Mayor of Manila)

Power of Eminent Domain

It is the government’s coercive authority, upon just compensation, to forcibly acquire a property to devote it
to public use.

Power of Taxation
It is the power to raise revenue

Elements of state
There are 4 essential elements of state namely (1) people (2) territory (3) government and (4)
sovereignty.

1. People
refer to the inhabitants of the State. It must be composed of both sexes to allow continuity through
reproduction. It must be adequate in number for self-sufficiency and defense.

Article III
CITIZENSHIP

Citizenship defined:
It refers to the membership in a political community which is permanent and more or less permanent in
character.
Distinguished from nationality
Nationality is membership in any class or form of political community. Nationality does not necessarily include
the right or privilege of exercising civil or political rights.
Modes of acquiring citizenship

1. By birth
a. Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual acquires the
nationality of his/her natural parent/s. The Philippines adheres to this principle.
b. Jus soli (right of soil) which is the legal principle that a person's nationality at birth is determined by
the place of birth (ie, the territory of a given state)

2. By naturalization
Naturalization signifies the act of formally adopting a foreigner into the political body of a nation by clothing
him or her with the privileges of a citizen. Under current and existing laws, there are three ways by which an
alien may become a citizen by naturalization: (a) administrative naturalization pursuant to R.A. No. 9139; (b)
judicial naturalization pursuant to C.A. No. 473, as amended; and (c) legislative naturalization in the form of
a law enacted by Congress bestowing Philippine citizenship to an alien. (So v. Republic, GR 170603, 29
January 2007)

3. By marriage

Citizens of the Philippines

The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution
2. Those whose fathers or mothers are citizens of the Philippines

3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching
the age of majority; and
4. Those who are naturalized in the accordance with law.

Natural-born Filipino citizens

Natural-born citizens are those who are citizens from birth without having to perform any act to acquire or
perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with the Constitution
shall be deemed natural-born citizens (Sec. 2, Article IV)

Losing citizenship
Under Commonwealth Act No. 63, a Filipino citizen may lose his citizenship:
1. By naturalization in a foreign country;
2. By express renunciation of citizenship;
3. By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon
attaining twenty-one years of age or more;
4. By accepting commission in the military, naval or air service of a foreign country;
5. By cancellation of the certificate of naturalization;
 6. By having been declared by competent authority, a deserter of the Philippine armed forces in time
of war, unless subsequently, a plenary pardon or amnesty has been granted: and
7. In case of a woman, upon her marriage, to a foreigner if, by virtue of the laws in force in her husband’s
country, she acquires his nationality. (Valles v. Comelec, 9 August 2000)
Note that No. [1] has already been modified by Republic Act 9225, under which Filipino citizens who become
naturalized citizens of a foreign country may retain their Filipino citizenship by complying with the provisions
of RA 9225.

Note that No. [7] has been repealed by the 1987 Constitution. It is no longer a ground for loss of citizenship
under the 1987 Constitution, which provides that citizens of the Philippines who marry aliens shall retain their
citizenship, unless by their act or omission they are deemed, under the law, to have renounced it. (Section
4, Article IV)

Reacquiring citizenship
Filipino citizens who have lost their citizenship may however reacquire the same in the manner provided by
law. Commonwealth Act No. 63 (C.A. No. 63), enumerates the three modes by which Philippine citizenship
may be reacquired by a former citizen:
1) by naturalization,
2) by repatriation, and
3) by direct act of Congress.

Naturalization v. Repatriation

Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship. As a mode of initially
acquiring Philippine citizenship, naturalization is governed by Commonwealth Act No. 473, as amended. On
the other hand, naturalization as a mode for reacquiring Philippine citizenship is governed by Commonwealth
Act No. 63. Under this law, a former Filipino citizen who wishes to reacquire Philippine citizenship must
possess certain qualifications and none of the disqualifications mentioned in Section 4 of C.A. 473.

Repatriation, on the other hand, may be had under various statutes by those who lost their citizenship due
to: (1) desertion of the armed forces; (2) service in the armed forces of the allied forces in World War II; (3)
service in the Armed Forces of the United States at any other time; (4) marriage of a Filipino woman to an
alien; and (5) political and economic necessity.
As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an
oath of allegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of
the place where the person concerned resides or last resided. (Bengson III v. House Electoral Tribunal, 07
May 2001)

Repatriation
Repatriation is not a matter of right, but it is a privilege granted by the State. This is mandated by the 1987
Constitution under Section 3, Article IV, which provides that citizenship may be lost or reacquired in the
manner provided by law. The State has the power to prescribe by law the qualifications, procedure, and
requirements for repatriation. It has the power to determine if an applicant for repatriation meets the
requirements of the law for it is an inherent power of the State to choose who will be its citizens, and who can
reacquire citizenship once it is lost. (Tabasa v. Court of Appeals, 29 August 2006)
Effect of repatriation
Repatriation results in the recovery of the original nationality. This means that a naturalized Filipino who lost
his citizenship will be restored to his prior status as a naturalized Filipino citizen. On the other hand, if he was
originally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status
as a natural-born Filipino. (Bengson v. HRET, 07 May 2001)

Dual allegiance v. Dual citizenship

Dual citizenship is different from dual allegiance. The former arises when, as a result of the concurrent
application of the different laws of two or more states, a person is simultaneously considered a national by
the said states. For instance, such a situation may arise when a person whose parents are citizens of a state
which adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus soli. Such a
person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both
states.
Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by some
positive act, loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result
of an individual's volition. With respect to dual allegiance, Article IV, Section 5 of the Constitution provides:
"Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law." (Mercado v.
Manzano, 367 Phil. 132 [1999])

2. Territory
is the portion of the earth’s surfaced permanently inhabited by the people. It is composed of terrestrial, fluvial,
maritime and aerial domains.
Territory is defined as the fixed portion on the surface of the earth on which the State settles and over which
it has supreme authority. The components of the territory of the state are the terrestrial, fluvial, maritime and
aerial domains.

Land Territory (Terrestrial Domain)

The territorial domain refers to the land mass, which may be integrate or dismembered, or partly bound by
water or consist of one whole island. It may also be composed of several islands, like the Philippines, which
are also known as mid-ocean archipelagos as distinguished from the coastal archipelagos like Greece.

Maritime Territory (Fluvial and Maritime Domain)

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention
and the Law of the Sea Treaty (or LOST by its critics), is the international agreement that resulted from the
third United Nations Conference on the Law of the Sea (UNCLOS III), which took place from 1973 through
1982. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the
world's oceans, establishing guidelines for businesses, the environment, and the management of marine
natural resources. The Convention concluded in 1982 replaced four 1958 treaties, namely
 Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964
 Convention on the Continental Shelf, entry into force: 10 June 1964
 Convention on the High Seas, entry into force: 30 September 1962
  Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20
March 1966
UNCLOS came into force in 1994, a year after Guyana became the 60th state to sign the treaty. To date 155
countries and the European Community have joined in the Convention. The United States has signed the
treaty, but the Senate has not ratified it. However, it is now regarded as a codification of the Customary
international law on the issue.

While the Secretary General of the United Nations receives instruments of ratification and accession and the
UN provides support for meetings of states party to the Convention, the UN has no direct operational role in
the implementation of the Convention. There is, however, a role played by organizations such as the
International Maritime Organization, the International Whaling Commission, and the International Seabed
Authority (the latter being established by the UN Convention).

The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo, of Malta, and in
1973 the Third United Nations Conference on the Law of the Sea was convened in New York. In an attempt
to reduce the possibility of groups of nation-states dominating the negotiations, the conference used a
consensus process rather than majority vote. With more than 160 nations participating, the conference lasted
until 1982. The resulting convention came into force on November 16, 1994, one year after the sixtieth state,
Guyana, signed the treaty.

The convention introduced a number of provisions. The most significant issues covered were setting limits,
navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf
jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific
research, and settlement of disputes.
The convention set the limit of various areas, measured from a carefully defined baseline. (Normally, a sea
baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly
unstable, straight baselines may be used.) The areas are as follows:

A. Internal waters
Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws,
regulate use, and use any resource. Foreign vessels have no right of passage within internal waters.

B. Territorial waters
Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any
resource. Vessels were given the right of "innocent passage" through any territorial waters, with strategic
straits allowing the passage of military craft as "transit passage", in that naval vessels are allowed to maintain
postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing
through waters in an expeditious and continuous manner, which is not “prejudicial to the peace, good order
or the security” of the coastal state. Fishing, polluting, weapons practice, and spying are not “innocent", and
submarines and other underwater vehicles are required to navigate on the surface and to show their flag.
Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so
is essential for the protection of its security.
C. Archipelagic waters
The convention set the definition of Archipelagic States in Part IV, which also defines how the state can draw
its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to
these points being sufficiently close to one another. All waters inside this baseline will be Archipelagic Waters
and included as part of the state's internal waters.

D. Contiguous zone
Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial
sea baselines limit, the contiguous zone, in which a state could continue to enforce laws regarding activities
such as smuggling or illegal immigration.

E. Exclusive economic zones (EEZs)

Extend 200 nautical miles from the baseline. Within this area, the coastal nation has sole exploitation rights
over all natural resources. The EEZs were introduced to halt the increasingly heated clashes over fishing
rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico
in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in
waters 4000 metres deep. Foreign nations have the freedom of navigation and overflight, subject to the
regulation of the coastal states. Foreign states may also lay submarine pipes and cables.

F. Continental shelf
The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s
outer edge, or 200 nautical miles from the coastal state’s baseline, whichever is greater. State’s continental
shelf may exceed 200 nautical miles until the natural prolongation ends, but it may never exceed 350 nautical
miles, or 100 nautical miles beyond 2,500 meter isobath, which is a line connecting the depth of 2,500 meters.
Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf,
to the exclusion of others.

Aside from its provisions defining ocean boundaries, the convention establishes general obligations for
safeguarding the marine environment and protecting freedom of scientific research on the high seas, and
also creates an innovative legal regime for controlling mineral resource exploitation in deep seabed areas
beyond national jurisdiction, through an International Seabed Authority.

Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit
states.

Part XI of the Convention provides for a regime relating to minerals on the seabed outside any state's
territorial waters or EEZ. It establishes an International Seabed Authority (ISA) to authorize seabed
exploration and mining and collect and distribute the seabed mining royalty.

The Philippine position of on the definition of its internal waters is commonly known as the archipelago
doctrine. This is articulated in the second sentence of Article I, Sec 1 of the 1987 Constitution (see above).
Our position is that our islands (as many as 7,100) should be considered one integrated whole instead of
being fragmented into separate units each with its own territorial sea. Hence, in defining the internal waters
of the archipelago, straight baselines should be drawn to connect appropriate points of the outermost islands
without departing to radically from the general direction as one whole territory. The waters inside these
baselines shall be considered internal and thus not subject entry by foreign vessels without consent of the
local state. The archipelago doctrine has been embodied in the 1982 Convention of the Law of the Sea, with
the modification that archipelagic sealanes shall be designated over the internal waters through which foreign
vessels shall have the right of passage.

Aerial Domains
This refers to the air space above the land and waters of the State. The Convention on International Civil
Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization
(ICAO), a specialized agency of the United Nations charged with coordinating and regulating international air
travel. The Convention establishes rules of airspace, aircraft registration and safety, and details the rights of
the signatories in relation to air travel. The Convention also exempts air fuels from tax. The document was
signed on December 7, 1944 in Chicago, Illinois, by 52 signatory states. The Convention defines the supreme
authority of each state to its airspace. Relevant provisions of the convention relates to such recognition and
the elements of a state’s territory, to wit:

Article 1, Sovereignty : The contracting States recognize that every State has complete and exclusive
sovereignty over the airspace above its territory.

Article 2,Territory : For the purposes of this Convention the territory of a State shall be deemed to be the land
areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such
State.

The rules governing the high seas also apply to outer space, which is considered res communes. Under
customary international law, States have the right to launch satellites in orbit over the territorial space of other
States.

The Outer Space Treaty, formally known as the Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms
the basis of international space law. The treaty was opened for signature in the United States, the United
Kingdom, and the Soviet Union on January 27, 1967, and entered into force on October 10, 1967. As of
January 2007, 98 countries are states-parties to the treaty, while another 27 have signed the treaty but have
not yet completed ratification.

The Outer Space Treaty represents the basic legal framework of international space law. Among its
principles, it bars States Parties to the Treaty from placing nuclear weapons or any other weapons of mass
destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station
them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes
and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or
establishing military bases, installations, and fortifications (Art.IV). However, the Treaty does not prohibit the
placement of conventional weapons in orbit

The treaty explicitly forbids any government from claiming a celestial resource such as the Moon or a planet,
since they are province of mankind. Art. II of the Treaty states, in fact, that "outer space, including the Moon
and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use
or occupation, or by any other means". The pendant for giving up sovereignty in outer space is the jurisdiction
and control that the State that launches a space object retains. According to Manfred Lachs jurisdiction and
control is giving the means to the State to conduct a mission of space exploration.
Article VI of the Outer Space Treaty deals with international responsibility, stating that "the activities of non-
governmental entities in outer space, including the moon and other celestial bodies, shall require
authorization and continuing supervision by the appropriate State Party to the Treaty" and that States Parties
shall bear international responsibility for national space activities whether carried out by governmental or
non-governmental entities.

Following discussions arising from Project West Ford, a consultation clause was inserted in Article IX of the
Outer Space Treaty: "A State Party to the Treaty which has reason to believe that an activity or experiment
planned by another State Party in outer space, including the Moon and other celestial bodies, would cause
potentially harmful interference with activities in the peaceful exploration and use of outer space, including
the Moon and other celestial bodies, may request consultation concerning the activity or experiment."
Experts of international space law state that the Moon falls under the legal concept of res communis, which
means that it belongs to a group of people, and may be used by every member of the group, but cannot be
appropriated by anyone (the concept is also applied to International Waters] The effect of the Outer Space
Treaty is to restrict control of private property rights, in the way that the law of the sea prevents anyone
owning the sea. This is often disputed by those who claim the ability to sell property rights on the Moon and
other bodies, but the dispute has never been tested in a court of law.

Modes of Acquiring Territory

there are modes for a state to acquire territory, to wit: discovery and occupation, prescription, cession,
accretion, and subjugation and annexation:

Discovery and Occupation

a state may acquire territory through this mode by discovering continent, island, or land with no inhabitants
or occupied by uncivilized inhabitants, and thereafter, occupying it under its political administration. Discovery
without subsequent occupation is not sufficient to acquire territory.

Prescription
it is a mode of acquiring territory through continuous and undisputed exercise of sovereignty over it during
such a period as is necessary to create under the influence of historical development the general conviction
that the present condition of things is in conformity with international order.

Cession
it is the assignment, transfer, or yielding up of territory by one state or government to another.

Accretion
it is a mode of acquiring territory by addition of portions of soil, either artificial such as the reclamation in
Manila Bay or natural by gradual deposition through the operation of natural causes such as the waves of
the ocean.

Subjugation and Annexation

it is a mode of acquiring territory belonging to a state by occupation and conquest made by another state in
the course of war and by annexation at the end of the war.
 Article 1
NATIONAL TERRITORY OF THE PHILIPPINES defined:
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 (Section 1, Article I)

Definition of terms
The following territorial areas are defined by the provisions of the United Nations Convention on the Law of
the Seas (UNCLOS):

Internal waters
cover all water and waterways on the landward side of the baseline. The coastal state is free to set laws,
regulate use, and use any resource. Foreign vessels have no right of passage within internal waters.

Territorial waters
is set out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use
any resource. Vessels were given the right of "innocent passage" through any territorial waters, with strategic
straits allowing the passage of military craft as "transit passage", in that naval vessels are allowed to maintain
postures that would be illegal in territorial waters.

Innocent passage
is defined by the convention as passing through waters in an expeditious and continuous manner, which is
not “prejudicial to the peace, good order or the security” of the coastal state. Fishing, polluting, weapons
practice, and spying are not “innocent", and submarines and other underwater vehicles are required to
navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in
specific areas of their territorial seas, if doing so is essential for the protection of its security.

Contiguous zone
extends beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the
territorial sea baselines limit, the contiguous zone, in which a state could continue to enforce laws regarding
activities such as smuggling or illegal immigration.

Exclusive economic zones

(EEZs)extend 200 nautical miles from the baseline. Within this area, the coastal nation has sole exploitation
rights over all natural resources. The EEZs were introduced to halt the increasingly heated clashes over
fishing rights, although oil was also becoming important.

Continental shelf
is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200
nautical miles from the coastal state’s baseline, whichever is greater. State’s continental shelf may exceed
200 nautical miles until the natural prolongation ends, but it may never exceed 350 nautical miles, or 100
nautical miles beyond 2,500 meter isobath, which is a line connecting the depth of 2,500 meters.
Archipelagic doctrine
is embodied in the last sentence of Section 1, Article I of the 1987 Philippine Constitution. It treats an
archipelago, a group of islands in a body of water, as one integral, compact unit.

Straight baseline method

Imaginary straight lines are drawn joining the outermost points of the outermost islands of the archipelago,
enclosing an area the ratio of which should not be more than 9:1 (water to land); provided that the drawing
of baselines shall not depart, to any appreciable extent, from the general configuration of the archipelago.
The waters within the baselines shall be considered internal waters, while the breadth of the territorial sea
shall then be measured from the baselines. (Nachura, Outline/Reviewer on Political Law)

3. Government
is the agency or instrumentality through which the will of the State is formulated, expressed and
realized (US v. Dorr)

Government of the Philippine defined

The corporate governmental entity through which the functions of government are exercised
throughout the Philippines, including, save as the contrary appears from the context, the various
arms through which the political authority is made effective in the Philippines, whether pertaining
to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms
of local government [Section 2 (1), Administrative code of 1987)
The word government is derived from the Latin infinitive gubernare, meaning "to govern" or "to
manage". In parliamentary systems, the word "government" is used to refer to what in presidential
systems would be the executive branch. In parliamentary systems, the government is composed of
the prime minister and the cabinet. In other cases, "government" refers to executive, legislative,
judicial, bureaucratic, and possibly also devolved powers.

Forms of government are classified according to

1. number of persons exercising sovereign powers
2. extent of powers exercised by the central or national government and
3. relationship between the executive and the legislative branches of the government.

Monarchy: supreme and final power is in the hands of a single person and further classified as
1. absolute monarchy and
2. limited monarchy.

Aristocracy: political power is exercised by a few privileged class. It is sometimes called

government by the best, due to the fact that access to the ruling aristocratic class based not only
on birth and wealth, but also upon physical, intellectual and moral qualities.

Oligarchy: a government whereby authority is vested upon few individuals or families.

Democracy: political power is exercised by a majority of the people and further classified as
1. direct or pure democracy or
2. indirect, representative or republican democracy.

Centralized/Unitary government is a form of government where the control over national

and local affairs is exercised by the central or national government.

Federal government is where the powers of the government are divided fundamentally
between two organizations, each having its own definite sphere of authority, and neither having
the power to interfere with or destroy the other.

Parliamentary government is distinguished by the head of government being dependent

on the direct or indirect support of the parliament, often expressed through a vote of confidence.
Hence, there is no clear cut separation of powers between the legislative and executive branches
of government. Parliamentary systems usually have a clear differentiation between the head of
government and the head of state. Meanwhile, a

Presidential government indicates a system wherein the offices of the head of the
government and head of state are combined in a single man―the President. The entire executive
power is vested in the President and all government action is his responsibility. The presidential
system provides for a Chief Executive who is elected for a definite term of office, who holds a
wide public mandate as a result of his election, and who is largely independent of the legislative
branch for the conduct of his administration. His formal powers are defined in a documentary
constitution. Because he is both Chief of State and political leader of the government, his prestige
and authority are doubly enhanced.

Totalitarian government is total government. It controls all aspects of the people’s life. It
may have promised to extend certain rights to the people, but these rights exist only on paper. In
reality the people have no rights under a totalitarian state; they exist for the use of the state not
vice versa.

Authoritarian government is less harsh, by comparison, in governing its people than a

totalitarian one. Its political power rests on some absolute authority, and it does not recognize the
sovereignty of the people but at the same time allows them some civil rights limited though those
may be.

De Jure is one that has the legal recognition of the family of nations, but it may exist alongside
a rival government which is de facto.

De Facto government has set itself up in the state; it has its own set of officials, laws, etc. but
it does not have international recognition although it may want that.
4. Sovereignty
is the supreme, absolute and uncontrollable power by which an independent state is governed. It is the
paramount control of the constitution and the frame of government and its administration.
There are two kinds of sovereignty, to wit: internal and external

Internal Sovereignty – it is the power to control and direct the internal affairs of a country such as
the authority to enact, execute and apply laws. Under international law, internal sovereignty is not a factor in
determining whether an entity is a state.

External Sovereignty – it is the power of an independent State to control and direct its external
affairs such as the authority to enter into treaties with other state, to wage war, and to receive and send
diplomatic missions.

5. Recognition
It is an act which gives a state an international status.

1. Divine Right Theory – this asserts that a state is of divine origin, for all political authority
emanates from God.
2. Paternalistic/Patriarchal Theory – a theory which accounts for the state as an
extension of the family.
3. Social Contract Theory – was the dominant political creed of the 17th and 18th centuries,
replacing the divine theory. This was done by a contract or compact among people whereby each
one surrendered his natural liberty but gained in return the protection and civil rights guaranteed by
the governments.
4. Necessity/ Force Theory – this theory provides that the state has arisen through sheer
force: a man dominating a tribe through brute strength and cunning; a tribe conquering other tribes
to form a kingdom; this kingdom smashing other kingdoms to transform itself into an empire; and
empires and kingdoms clashing against one another for supremacy.
5. Instinctive Theory – the proponents of this theory hold that political institutions are but the
objective expressions of the instinct of men for association.
6. Historical/ Evolution Theory – Burgess, a well known authority in political science,
states the theory thus: ”the proposition that the state is the product of history means that it is the
gradual and continuous development of human society, out of a grossly imperfect beginning through
crude but improving forms of manifestation, towards a perfect and universal organization of mankind.
7. Economic Theory – according to the advocates of this theory, the state was established
primarily to take care of man’s multifarious needs.