Module/Lesson: THE CONCEPT OF POLITICS AND STATE

Learning Objective/s:1. Define Politics.

2. Explain the concept of State.
3. Enumerate and explain the Elements of the State.
4. Distinguish State and Nation.
5. Discuss the Theories of State Origin specifically the Social Contract by
Hobbes, Locke and Rousseau.
6. Understand the Fundamental Powers of the State
Time Allotment: 12 hours
Mode of Delivery: Online/ Take Home Activities
References: Garner, Introduction to Political Science, 41
References: https://www.youtube.com/watch?v=mJvj5XKBcqk

https://www.youtube.com/watch?v=GtcicQY49AQ

https://www.youtube.com/watch?v=mtt2ew7YMWw

Pre-Printed Notes/ Memory Aid/Lecture Proper

The Concept of Politics
WHAT IS POLITICS?
General Definition
• A means of organizing human activities
• An art of compromise to achieve certain ends.
• Allocation of scarce resources throughout a given polity.
•
Classical Definition
• Refers to the art or science of government concerned with the proper
management of the affairs of society.

In the local scene…

• The word politics has been given a bad name as it is usually seen as “partisan
power struggle” to win or prevail at all costs or political wrangling motivated by
personal interests.

Standard Definition
• It includes essential elements: POWER, RULE, AUTHORITY, and INFLUENCE

CAN ONE ESCAPE POLITICS?

As Robert Dahl puts it
“Politics is an unavoidable fact of human existence. Everyone is involved in some
fashion at some time in some kind of political system”
“Man by nature is a political animal” –Aristotle
 The Concept of State
WHAT IS STATE?
• State is a group of people living in a definite territory, having a government of
their own and enjoying their own independence.

• The State is a community of persons, more or less numerous, permanently

occupying a fixed territory, and possessed of an independent government
organized for political ends to which the great body of inhabitants render habitual
obedience (Garner, Introduction to Political Science, 41)
STATE AND NATION, DISTINGUISHED
• Nation is used interchangeably with State. This is a mistake as the two concepts
have different connotations. Hackworth observes that the term nation, strictly
speaking, as evidenced by etymology (nasci, to be born), indicates a relation of
birth or origin and implies a common race, usually characterized by community of
language and customs.
• The state is a legal concept while the nation is only a racial or ethnic concept
(Cruz, International Law, 20)
• Nation may comprise several states; for example, Egypt, Iraq, Saudi Arabia,
Lebanon, Jordan, Algeria and Libya, among others, while each separate state, all
belong to the Arab nation.
• It is also possible for a single state to be made up of more than one nation; for
example, United States of America, which was a melting pot of many nations that
were eventually amalgamated (combined) into the American Nation or of United
Kingdom, which is composed of England, Scotland, Wales, and Northern Ireland.
• A nation needs not to be a state at all.
• According to Malcolm, nation consists of people bound together by common
attractions and repulsions into a living organism possessed of a common pulse, a
common intelligence and inspiration, and destined apparently to have a common
history and a common fate.
• Nation is a group of people sharing certain characteristics and interests, such as
a common language, a common religion, and a common set of customs and
traditions that will unite them in more closely- knit entity.

STATE AND GOVERNMENT, DISTINGUISHED

• The government is only an element of the State.
• The State is the principal, the government its agent.
• The State itself is an abstraction; it is the government that externalizes the State
and articulates its will.
•
WHAT ARE THE FOUR (4) ESSENTIAL ELEMENTS OF STATE?
• People
• Government
• Territory
• Sovereignty

PEOPLE
• It refers simply to the inhabitants of the State.
• There is no legal requirement as to their number.
• It is generally agreed that they must be numerous enough to be self-sufficing and
to defend themselves and small enough to be easily administered and sustained.

TERRITORY
• It is the space within which the government exercises its supreme authority.
• It is the fixed portion of the surface of the earth inhabited by the people of the
 State.
• As a practical requirement only, it must be neither too big as to be difficult to
administer and defend nor too small as to be unable to provide for the needs of
the population.

What are the components of territory?

• Terrestrial Domain – land mass
• Maritime and Fluvial Domain – inland and external waters
• Aerial Domain – air space above the land and waters

WHAT CONSTITUTE THE NATIONAL TERRITORY OF THE PHILIPPINES?

The extent of Philippine National territory is defined in Art. 1, Sec. 1 of the 1987
Philippine Constitution as follows:
“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. The waters around, between and connecting the islands of the
archipelago, regardless of their breath and dimensions, form part of the internal waters
of the Philippines.”
Archipelago Doctrine – The entire archipelago is regarded as one integrated unit
instead of being fragmented into so many thousand islands.
***The body of water studded with islands, or the islands surrounded with water are
viewed as a unity of islands and waters together forming one unit. Its purpose is to
protect the territorial integrity of the island.

***Arturo M. Tolentino was the proponent of this doctrine.

MODES BY WHICH TERRITORY MAY BE ACQUIRED

• Discovery and Occupation- a state may acquire a territory by discovering a
continent, an island or land with no inhabitants or occupied by uncivilized
inhabitants and thereafter, occupying it, by placing it under its political
administration.
• Prescription- it is a mode of acquiring territory through continuous and
undisputed exercise of sovereignty over it during such period as it is necessary to
create under 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. It may be in a form of sale or donation.
• Subjugation and annexation- it is a mode of acquiring territory belonging to a
state in the course of war and by annexation at the end of the war.
• Accretion- mode of acquiring territory by addition of portions of soil, either
artificial or by gradual disposition through the operation of natural causes.

GOVERNMENT
• Government is the agency or instrumentality through which the will of the state is
formulated, expressed and realized (Poindexter v. Greenhow, 114 U.S. 270).
• From the viewpoint of international law, no particular form of government is
prescribed, provided only that the government is able to represent the State in its
dealings with other States.
 • In the Philippines, the Constitution, however, requires the government to be
democratic and republican (Article II, Sec 1).
• It has been said that “the State is an ideal person, invisible, intangible, immutable
and existing only in contemplation of law; the government is an agent and, within
the sphere of its agency, it is a perfect representative, but outside of that is a
lawless usurpation (Ibid. Bullet no. 1).
• The mandate of the government from the State is to promote the welfare of the
people. Accordingly, whatever good is done by the government is attributed to
the State, however, every harm inflicted on the people is imputed not to the State
but to the government alone.
• Salus Populi Est Suprema Lex – The Welfare of the People is the Supreme Law.

Direct State Action

When the government inflicts harm on the people, it may be justified by the
replacement of the government by revolution.
What are the Functions of the Government?
• Constituent Functions
Constituent functions constitute the very bonds of society and are therefore
compulsory. Among these are the following:
• The keeping of order and providing for the protection of persons and property
from violence and robbery;
• The fixing of legal relations between husband and wife and between parents
and children;
• The regulation of the holding, transmission and interchange of property, and
the determination of its liabilities for debt or for crime;
• The determination of contractual rights between individuals;
• The definition and punishment of crimes;
• The administration of justice in civil cases;
• The administration of political duties, privileges and relations of citizens; and
• The deals of the State with foreign powers; the preservation of the State from
external danger or encroachment and the advancement of its international
interests.
(Malcolm, Gov’t. of the Philippine Islands, p. 19)

• Ministrant Functions
• Ministrant functions are those undertaken to advance the general interests of
society, such as public works, public charity, and **regulation of trade and
industry.
• These functions are merely optional.
• Significantly, it is the performance of ministrant functions that distinguishes
the paternalistic government from the merely individualistic government,
which is concerned only with the basic functions of maintain peace and order.

CLASSIFICATION OF GOVERNMENT ACCORDING TO ARISTOTLE

• Monarchy (ruled by one person)
• where one person exercises sovereignty. It is the form of government in
which the supreme and final authority is in the hands of a single person.

• Aristocracy- ( ruled by a few persons)

• where political power is exercised by a privilege class known as the elite
or oligarchs.
 3. Democracy ( ruled by many)
- is one in which supreme power is vested to the people .
It is classified into two:
• direct democracy ( pure democracy)- is where people directly
govern themselves

• indirect democracy (representative democracy) – is where

people elect representatives to act in their behalf.

FORMS OF GOVERNMENT

• Absolute/Constitutional Monarchy

Absolute monarchy - the ruler exercises absolute power, for he is the executive,
legislator and judge at the same time. He reigns and governs, there is no limitation
to his power.
Constitutional monarchy- is ruled by monarch ( King or Queen) whose powers are
limited. The monarch is checked by the government officials and by the rights of the
people. The king is the symbolic head of the state. He reigns but does not rule.

2.Presidential/Parliamentary government

Presidential government- is based on the practice of separation of powers

between the executive, legislative and judicial branches of government. The
President is independent of the legislative or lawmaking body. He or she is elected
by the people and is directly responsible to them.
Parliamentary government – is one where the executive and legislative branches
are merged and united. The members of executive ( prime minister and cabinet) are
also members of legislature.

• De facto/ de jure government

De jure government- is a government that has been established in accordance with

its constitution and enjoys the general support of the people; it has rightful title but
no power or control, either because this has been withdrawn from it or because it
has not yet actually entered into the exercise thereof.
De facto government- is one that has not been established in accordance with the
constitution of the state and is maintained against the rightful and legitimate
government.

• Unitary/Federal government

Unitary (centralized) government- is one where the control of the national and
local affairs is exercised by the central government.
Federal government- in which the government has two sets of organs, one organ
takes care of the local affairs while the other takes care of the national affairs.
Democracy and Republicanism

Article II. Section 1 of the Constitution provides:

The Philippines is a democratic and republican state. Sovereignty resides in the people
and all government authority emanates from them.
Characteristics and Manifestations of a DEMOCRATIC AND REPUBLICAN STATE
• Existence of Bill of Rights
 • Observance of the “ Rule of Majority”
• Election and suffrage
• The observance of the principle that “ Ours is a government of law and not of
men”.
• State cannot pass an irrepealable law.
• Accountability of public officers
• The observance of the principle of separation of powers and the system of
checks and balance.

• Doctrine of State Immunity

• The inherent rights of the people to revolt.

SOVEREIGNTY
• It is the supreme and uncontrollable power inherent in a State by which that State
is governed.
• It is the supreme power of the state to enforce its will upon its citizen through
laws. It also means independence from the control of other states.
It has two aspects:
• internal sovereignty- refers to the power of the State to control its domestic
affairs.
• external sovereignty (often referred as independence)- power of the State to
direct its relations with other States.

Two (2) Kinds of Sovereignty

• Legal sovereignty – is the authority that has the power to issue final commands.
• Political sovereignty – is the power behind the legal sovereign or the sum of
influences that operate upon.

In the Philippines, the Congress is the legal sovereign, while the different sectors
that mold public opinion make up the political sovereign.

THEORIES OF THE ORIGIN OF THE STATE

• The Theory of Divine Origin

• This is the oldest theory among the origin of the state. It stated about the right of
kings.
• The formal statement of this theory is that the state has been established by and
ordinates of God; its rulers divinely appointed; they are accountable to no
authority but God, as described in Bible. The combination of earlier rulers where
of priest and king or the magic man and king.
• According to “The Law of Free Monarchies”, kings are justly called God, for they
exercise a manner of resemblance of divine power on earth, King are
accountable for God only. The people cannot question him for the right or wrong
done by him. The following are rights of the king in Law of free Monarchies:
• Monarchy is divinely oriented.
• Hereditary right is indispensable
• Kings are accountable for God alone.
• Resistance to lawful king is sin.
 • Social Contract Theory

• The social contract theory emphasized that the state was not the creation of
God but it was the result of an agreement entered into by men.
• They had no government and there was no law to regulate them. There were
hardships and oppression on the sections of the society.
• To overcome from these hardships, they entered into two (2) agreements which
are:
• Pactum Unionis
• People sought protection of their lives and property.
• As a result of it, a society was formed where people undertook to
respect each other and live in peace and harmony.

• Pactum Subjectionis
• People united together and pledged to obey an authority and
surrendered the whole or part of their freedom and rights to an authority.
• The authority granted everyone protection of life, property and to a
certain extent liberty.

• Thus, they must agree to establish society by collectively and reciprocally

renouncing the rights they had against one another in the State of Nature and
they must imbue some one person or assembly of persons with the authority and
power to enforce the initial contract.

• In other words, to ensure their escape from the State of Nature, they must both
agree to live together under common laws, and create an enforcement
mechanism for the social contract and the laws that constitute it. Thus, the
authority or the government or the sovereign or the state came into being
because of the two agreements.

ANALYSIS OF SOCIAL CONTRACT THEORY BY THOMAS HOBBES, JOHN LOCKE

AND JEAN JACQUES ROUSSEAU
THOMAS HOBBES, “Might is always Right.”
• According to Hobbes, prior to Social Contract, man lived in a State of Nature.
• Man’s life was one of fear and selfishness.
• Man lived in chaotic condition of constant fear.
• Man’s life in the State of Nature was solitary, poor, nasty, brutish, and
short.
• Man has a natural desire for security and order. In order to secure self-
protection and self-preservation, and to avoid misery and pain, man entered
man’s nature and in order to achieve this, they voluntarily surrendered all
their rights and freedoms to some authority by this contract that must
command obedience.
• They came out of state of nature through a contract of each with all and all
with each to set up a civil society through the contract they surrendered from
the natural rights to the common power of the sovereign.
• As a result of this contract, the mightiest authority is to protect and
preserve their lives and property. This led to the emergence of the
institution of the ruler or monarch, who shall be the absolute head. Subjects
had no rights against the absolute authority or the sovereign and he is to be
 obeyed in all situations however bad or unworthy he might be.
• The people could not go against the term of the contract and revert against
the sovereign.
• Hobbesian Theory supports Absolute Monarchy.

JOHN LOCKE, “Three Cardinal Rights: Life, Liberty and Property”

• Man’s life is not as miserable as that of Hobbes.

• It was reasonably good and enjoyable, but the property was not secure.
He considered State of Nature as a Golden Age.
• It was a state of peace, goodwill, mutual assistance, and preservation. In
that state of nature, men had all the rights which nature could give them.
• The natural condition of mankind was a state of perfect and complete liberty
to conduct one’s life as one best sees fit. It was free from the interference of
others.
• A state wherein there was no civil authority or government to punish people
for transgressions against laws.
• All were equal and independent.
• It was one not free to do anything at all one pleases, or even anything that
one judges to be in one’s interest.
• The State of Nature was not a state without morality.
• The State of Nature was pre-political, but it was not pre- moral. Persons are
assumed to be equal to one another in such a state, and therefore equally
capable of discovering and being bound by the Law of Nature. So, the
State of Nature was a state of liberty, where persons are free to pursue
their own interests and plans, free from interference
• According to Locke, private property is created when person mixes his labor
with the raw materials of nature. However, there are limits as to how much
property one can own: one is not allowed to take so more from nature than
oneself can use, thereby living others without enough for themselves,
because nature is given to all of mankind for its common subsistence.
• One cannot take more than his fair share.
• Property is the linchpin of Locke’s argument for the social contract and civil
government because it is the protection of their property, including their
property in their own bodies that men seek when they decide to abandon
the State of Nature. Properties are unsecured in the State of Nature
because of the absence of established law, absence of impartial judge and
absence of natural power to execute natural law.
• THUS, MEN ENTERED INTO SOCIAL CONTRACT.
• Under this contract, man did not surrender all their rights to one single
individual, but they surrendered only the right to preserve / maintain
order and enforce the law of nature. The individual retained with them the
other rights, i.e., right to life, liberty and estate because these rights were
considered natural and inalienable rights of men.

• According to Locke, the purpose of the Government and law is to uphold

and protect the natural rights of men. So as long as the Government fulfills
this purpose, the laws given by it are valid and binding but, when it ceases
to fulfill it, then the laws would have no validity and the Government can be
thrown out of power.
• The people reserved the right to dethrone the king (government) if he fails
to safeguard the security of the people
• Unlimited sovereignty is contrary to natural law.
• John Locke advocated the principle of A STATE OF LIBERTY, NOT OF
 LICENSE – a state for the general good of the people.
• Locke pleaded for a constitutionally limited government.
• He made life, liberty and property – the three cardinal rights.
• This theory supports Constitutional or Limited Monarchy.

JEAN JACQUES ROUSSEAU, “Man is born free, but everywhere he is in chains.”

• Men in the state of nature lived in a blessing delightful life; men were
innocent, honest and noble. They were free, equal and happy.

• In the increase of population and dawn of reasoning, there were changes

in their way of life. People became selfish.

• In the words of Rousseau, “the first man who after enclosing the piece of
land be thought himself to say this is mine and found people simple
enough to believe him as real founder of civil society.”

• For Rousseau the invention of property constitutes humanity’s fall from

grace out of the State of Nature.

• Consequent of establishment of private property and other usages, work

became indispensable. These lead to more productions that paved way
for the difference of rich and poor. This resulted in quarrels and men were
compelled to give their natural freedom.

• Thus, they surrendered their rights not to a single individual but to the
community as a whole which Rousseau termed as “general will”.

• According to Rousseau, the original happiness, equality and liberty was

lost in the modern civilization. Through Social Contract, a new form of
social organization- the state was formed to assure and guarantee
rights, liberties freedom and equality.

• The essence of the Rousseau’s theory of General Will is that State and
Law were the product of General Will of the people. State and the Laws
are made by it and if the government and laws do not conform to general
will, they would be discarded. While the individual parts with his natural
rights, in return he gets civil liberties such as freedom of speech, equality,
assembly, etc.

• Further, Rousseau’s view was that real or true will of society as general
will; general will is sovereign. The general constitutes the government. The
government acts under the general will and is responsible to the general
will of the people.

• The general will was the will of majority citizens to which blind obedience
was to be given. The majority was accepted on the belief that majority
view is right than minority view.

• Each individual is not subject to any other individual but to the general will
and to obey this is to obey himself.
 • Rousseau was the person who promoted the idea of direct democracy
and popular sovereignty.

COMPARISON OF THE THEORY OF SOCIAL CONTRACT OF HOBBES,

LOCKE AND ROUSSEAU

Jean Jacques
Thomas Hobbes John Locke Rousseau

State of Nature • Man’s life in the • Men had a • Men in the state of
State of Nature peaceful natural nature lived in a
was solitary, poor, life. blessing delightful
nasty, brutish, life;
and short. • They were free
and equal. • Men were
• Men’s acts of Freedom is not innocent, honest
movement were licensed. and noble. They
motivated by self- were free, equal
interest and • The natural law of and happy.
disregarded to the reason commands
interest of others. that no one shall • In the increase of
harm each other. population and
• There were dawn of
continuous • There was no reasoning, there
conflicts, might common superior; were changes in
was right, no their way of life.
justice existed, • Each individual People became
men ruled under work out his/her selfish and started
insecurity. own interpretation. thinking mine and
thine.
• Intolerance, chaos • It was reasonably
and anarchy good and
prevailed, weak enjoyable, but the
was exploited by property was not
the strong. To secure
Hobbes the state
of nature was the
state of war, war of
all against all.

Social Contract • They came out of • People entered • Thus, they

state of nature into two contracts, surrendered their
through a contract one is social and rights not to a
of each with all and the other one is single individual
all with each to set political contract. but to the
up a civil society community as a
through the • In social contract whole which
contract they they united into a Rousseau termed
surrendered from community of as “general will”.
the natural rights to peaceful living,
the common power secured the • Through Social
enjoyment of their Contract, a new
 of the sovereign. property. This is form of social
social contract. organization- the
state was formed
• In the political to assure and
contract, the guarantee rights,
contract was with liberties freedom
the government. and equality.

• Each individual is
not subject to any
other individual
but to the general
will and to obey
this is to obey
himself.

Sovereignty • The ruler became • The government • Real or true will of

the sovereign and power established society as general
all others remained with agreement of will; general will is
his subjects. Thus, the people sovereign. The
the sovereign becomes the general
came into superior power in constitutes the
existence out of the common government.
the contract. wealth, but limited
Sovereign existed and specific for • The government
by the virtue of enforcing the law acts under the
pact, not prior to it. of reason only. general will and is
responsible to the
• The people could • The natural right of general will of the
not go against the life, liberty and people.
term of the contract property is
and revert against reserved with the
the sovereign”. community. The
government is the
• The ruler is the only trustee.
absolute sovereign
without giving any • The people
value to reserved the right
individuals. to dethrone the
king (government)
if he fails to
safeguard the
security of the
people.

Form of • Absolute • Constitutional • Direct Democracy

Government Monarchy Monarchy
• Constitutionalism

• Popular
 Democracy

• Matriarchal and Patriarchal Theory

Patriarchal Theory
• Family is the foremost constituent of society as it is the oldest of all human
institutions and playing important role in the evolution of state.
• Aristotle says, “The state is the natural expansion of the family.”
• According to Leacock “First, the house hold, then patriarchal family, then, the
tribe or persons of kindred decent and family nation – so emerged the social
series created on this basis”.
• Sir Henry Maine (1822 – 88) the chief supporter of the Patriarchal theory
has stated, “the elementary group in the family, connected by common
subjection to the highest male ascendant: the aggression of families form
gents or house: the aggression of house make the tribe – the aggression
of tribes consist the common wealth.”
• State is the extension of family, the head of the state is the father; people
consist of his children

Matriarchal Theory

• The fundamental idea of Matriarchal theory is that “maternity is a fact;

paternity is a fiction”.
• According to this theory in the primitive society, there exisist Matriarchal
groups or hordes. The kinship could be traced only through mother and
there was no common male head.
• Matriarchal system was prior to patriarchal system. There was no male
head kinship was found out through mother (and mother to daughter).
• There was no permanent institution of marriage. The permanent form of
marriage was association of polyandry; women had more than one
husband.
• Therefore, in this kind of society the kinship was traced through women
and not in men. In this system children belong to the clan of their mother.
After the mother’s death, the elder daughter takes over the property.
•
• Force Theory

• The exponents of the force theory were of the view that the origin of state
and its development was based on force, that is, force used by the strong
over the weak and their consequent control over them.
• In such a way, wherever the strong group out did the weak the strong
became the master and ruled the weak.
• The strong group became vested with ruling power and the defeated were
made their subjects.

• Historical or Evolutionary Theory

 • Dr. Garner has aptly stated, “the state is neither the hand work of God; nor the result of
superior physical force; nor the creation of resolution of convention, nor a mere
expansion of family.

• The state is not a mere artificial creation but an institution or natural growth of historical
evolution.”

• Important factors contributed to the growth of the state are: Natural Instinct, Kinship,
Religion, Property and defense Force and Political Consciousness.

• Marxist Theory of State Origin - “Man becomes an individual only through the process of
History”
STATE DOCTRINES
Act of State – is an act done by the sovereign power of a state, or by its delegate
(government), within the limits of the power vested in him. Act of State cannot be
questioned or made the subject of legal proceedings in a court of law. It is an act of the
government and not subject to judicial review.
State Continuity Doctrine- Once a state comes into existence, it continues despite
changes in circumstances as long as the four elements of a state are still present.
Doctrine of State as “Parens Patriae”(parents of the country/guardian of the rights of
the people) – the state has the power of guardianship over persons who are unable to
take care of themselves or protect themselves such as infants, lunatics or minors.
THE DOCTRINE OF STATE IMMUNITY
• It is sometimes called “the royal prerogative of dishonesty”.
• The Constitution declares, “the State cannot be sued without its consent.”
• According to Justice Holmes, the doctrine of non-suability is based not on “any
formal conception or obsolete theory but on the logical and practical ground that
there can be no legal right against the authority which makes the law on which
the right depends.”
• It is obvious that indiscriminate suits against the State will result in the
impairment of its dignity, besides being a challenge to its supposed infallibility.
• This doctrine is also available to foreign States insofar as they are sought to be
sued in the courts of the local State; the added basis in this case is the principle
of the sovereign equality of States, under which one State cannot assert
jurisdiction over another in violation of the maxim PAR IN PAREM NON HABET
IMPERIUM - (Latin for "equals have no sovereignty over each other")

CAN STATE IMMUNITY BE WAIVED?

• It must be observed in fairness that the State does not often avail itself of this
rule to take undue advantage of parties that may have legitimate claims against
it.
• Built-in qualification: The State may divest itself of its sovereign immunity and
thereby voluntarily open it self to suit.
• The State may be sued if it gives its consent.

Forms of Consent
• Express Consent – may be manifested either through a general law or a special
law.
• General Law – the general law providing for the standing consent
of the State to be sued is Act No. 3083, declaring that “the
Government of the Philippine Islands hereby consents and
submits to be sued upon any moneyed claim involving liability
arising from contract, express or implied, which could serve as a
basis of civil action between private parties.”
 • Special Law – example, authorizing an individual to sue the
Philippines Government for injuries he had sustained when his
motorcycle collided with a government ambulance.

• Implied Consent – is given when the State itself commences litigation or when it
enters into a contract.

FUNDAMENTAL POWERS OF THE STATE

• Also known as the Inherent Powers of the State.
• Are powers inherent and do not need to be expressly conferred by constitutional
provision on the State.
• They are supposed to co-exist with the State.
• The moment the State comes into being, it is deemed invested with these powers
as its innate attributes.

• Police Power
• It is the power of the State to regulate the use of liberty and property for
the promotion of the general welfare.
• Police Power is the power of the State to promote public welfare by
restraining and regulating the use of liberty and property.
• It is the most pervasive, the least limitable, and the most demanding of the
three fundamental powers of the State.
• The justification is found in the Latin maxims:
SALUS POPULI EST SUPREMA LEX – the welfare of the people is the
supreme law and SIC UTERE TUO UT ALIENUM NON LAEDAS – so use
your property as not to injure the property of others.

• Power of Eminent Domain

• Also called the Power of Expropriation

• It is described as the highest and most exact idea of property remaining in
the government that may be acquired for some public purpose through a
method in the nature of a compulsory sale to the State.
• It enables the State to forcibly acquire private property, upon payment of
just compensation, for some intended public use.
• Its limitation can be found in Article III, Section 9, “Private property shall
not be taken for public use without just compensation

• Power of Taxation
• It enables the State to demand from the members of the society their
proportionate share or contribution in the maintenance of the government.
• It is based on the principle that taxes are the lifeblood of the government.

COMPARISON AMONG THE FUNDAMENTAL POWERS OF THE STATEE

NATURE and COMPENSATION WHO MAY EXERCISE?

SCOPE
POLICE Regulates both Intangible altruistic Primarily lodged in the national
POWER property and liberty feeling that he/she has legislature; by virtue of a valid
contributed to the delegation of legislative power,
The property taken general welfare. it may also be exercised by the
in the exercise of President and administrative
 police power is boards as well as the
destroyed because lawmaking bodies on all
it is noxious or municipal levels, including the
intended for a barangay.
noxious purpose.
EMINENT Affects only A full and fair equivalent Lodged primarily in the
DOMAIN property rights. of the property taken national legislature but its
exercise may be validly
The property taken delegated to other
under the power of governmental entities and
eminent domain is even to private corporations
intended for a like the so called quasi-public
public use or corporations serving essential
purpose and is public needs or operating
therefore public utilities.
wholesome. Under existing laws, the
following may exercise the
power of expropriation:
• The Congress
• The President of the
Philippines
• The various local legislative
bodies
• Certain Public Corporations
• Quasi-Public Corporations
(PLDT, MERALCO)

TAXATION Affects only Protection and public Primarily vested in the national
property rights improvements legislature, it may now also be
exercised by the local
All income earned legislative bodies.
in the taxing State,
whether by citizens
or aliens, and all
immovable and
tangible personal
properties found in
its territory, as well
as intangible
personal property
owned by persons
domiciled therein,
are subject to
its taxing power.

The rule of taxation

shall be equitable. It
means that taxes
should be
apportioned among
the people
accordingly to their
capacity to pay.
 The property taken
under the power of
taxation is intended
for a public use or
purpose and is
therefore
wholesome.

Activity 1: VIDEO CLIP

The students will be asked to watch the YouTube video: https://www.youtube.com/watch?

v=GtcicQY49AQ (The State)

https://www.youtube.com/watch?v=mJvj5XKBcqk (State)

https://www.youtube.com/watch?v=mtt2ew7YMWw (State Vs Nation)

https://www.youtube.com/watch?
v=Ys7NiZStUqc&list=PLqtFmjxRArGhLnM3apg4QfoW4zvWl5F7M&index=4 (Types of
Government)

https://www.youtube.com/watch?v=qixLQ9k8Gf4 (Social Contract)

After watching the videos, the student will be asked to make a summary regarding the video clip
to be written in 1 whole sheet of pad paper.

Activity 2: SEMANTIC MAPPING

The student will be asked to come up with a semantic map on the Elements of the State
Activity 3: CASE DIGEST

Sample Case Digest

____________________________________________________________________________
G.R. No. 119190 January 16, 1997
CHI MING TSOI vs. COURT OF APPEALS and GINA LAO-TSOI
Ponente: J. Torre Jr.
TOPIC: Persons, Persons and Family Relations, Family Code, Psychological Incapacity, Legal
Medicine

FACTS:
On 22 May 1988, plaintiff and the defendant got married. Although they slept in the same bed
since May 22, 1988 until March 15, 1989, no sexual intercourse took place. Because of this,
they submitted themselves for medical examinations. She was found healthy, normal and still a
virgin. Her husband’s examination was kept confidential.
The plaintiff claims, that the defendant is impotent, a closet homosexual, and that the defendant
married her, a Filipino citizen, to acquire or maintain his residency status here in the country and
to publicly maintain the appearance of a normal man. The plaintiff is not willing to reconcile with
her husband.
The defendant claims that should the marriage be annulled, it is his wife’s fault. He claims no
defect on his part, as he was found not to be impotent, and any differences between the two of
them can still be reconciled. He admitted that they have not had intercourse since their marriage
until their separation because his wife avoided him. He added that his wife filed this case
against him because she is afraid that she will be forced to return the pieces of jewelry of his
mother, and, that the defendant, will consummate their marriage.
The trial court declared the marriage void. On appeal, the Court of Appeals affirmed the trial
court’s decision.
Hence, the instant petition.

ISSUE: Whether or not petitioner is psychologically incapacitated?

RULING:
Yes. Senseless and protracted refusal to consummate the marriage is equivalent to
psychological incapacity.
Appellant admitted that he did not have sexual relations with his wife after almost ten months of
cohabitation, and it appears that he is not suffering from any physical disability. Such abnormal
reluctance or unwillingness to consummate his marriage is strongly indicative of a serious
personality disorder which to the mind of the Court clearly demonstrates an ‘utter insensitivity or
inability to give meaning and significance to the marriage’ within the meaning of Article 36 of the
Family Code.
Petitioner further contends that respondent court erred in holding that the alleged refusal of both
the petitioner and the private respondent to have sex with each other constitutes psychological
incapacity of both. However, neither the trial court nor the respondent court made a finding on
who between petitioner and private respondent refuses to have sexual contact with the other.
But the fact remains that there has never been coitus between them. At any rate, since the
action to declare the marriage void may be filed by either party,  the question of who refuses to
have sex with the other becomes immaterial.
One of the essential marital obligations under the Family Code is “to procreate children based
on the universal principle that procreation of children through sexual cooperation is the basic
end of marriage.” In the case at bar, the senseless and protracted refusal of one of the parties to
fulfil the above marital obligation is equivalent to psychological incapacity.
The petition is DENIED.
____________________________________________________________________________

The students are asked to digest the following Supreme Court decision regarding the three (3)
Fundamental Powers of the State:

• 20 SCRA 849

• 101 U.S. 814

• 641 SCRA 244

• 704 SCRA 216

• 455 SCRA 308

• 576 SCRA 416

• 180 SCRA 533

• 119 SCRA 597

• 120 SCRA 568

• 127 SCRA 329

• 549 SCRA 53

• 40 PHIL. 349

• 1 SCRA 646

• 581 SCRA 301

• 190 SCRA 717

• 58 SCRA 336
 • 43 SCRA 360

• 122 SCRA 759

• 244 SCRA 272

• 222 SCRA 173

• 675 SCRA 359

• 69 PHIL 89

• 172 SCRA 629

• 32 PHIL 541

• 700 SCRA 428

Activity 4: WEB LECTURE

• Students are asked to download Zoom app and have an individual zoom id.
There are 3 ways to join a Zoom meeting:

• With the Zoom app on your desktop

• Through a link via your email invitation

• From the Zoom website

Note:  The host will have to start the meeting first so you can join or the host enables 'join
before host'.
From the Zoom app:

• Open the Zoom app on your desktop, Start button, Zoom folder, start Zoom 

• Click on Sign in

• On right side menu Select "Sign In with SSO"

• Enter your USQ username and password if prompted 

• Click on Join

• Enter the Meeting ID (this is displayed in the email invitation)

• You can then choose  whether to come into the meeting with your audio or video
enabled or disabled
Email link:

• You will receive an email invitation from the meeting host

 • Click on the link in the email (join via PC, Mac, iOS or Android)

• You will be taken to the meeting

From the Zoom website:

• Go to the zoom website (usq.zoom.us)

• Click on Zoom Account Sign On (SSO) button

• Sign in with your USQ username and password if prompted 

• Click on the My Meetings tab

• Click on the Meeting link that you want to join

• The instructor will discuss the topic “Fundamental Powers of the State” via Zoom.

Evaluation
Reflection

Check the responses that best describe your feeling about this module

• I learned relevant and important lessons from this module

• I enjoyed doing this module’s learning activities.

• My learnings from this module have empowered me as a Filipino citizen.

IMPORTANT REMINDER
• Please submit all the assignments/evaluation tasks during the face to face
 assessment date set by your instructor.
• Prepare for a Long Quiz. (face to face)