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MODULE 2

SECOND WEEK

II. THE PHILIPPINES AS A STATE

1. Definition of State, Nation and Distinctions

2. Elements of State and Definitions/Distinctions
1. People
Right of the People to Self-Determination (Internal
and External)
2. Territory
Three Components
Case: (6) Province of North Cotabato vs.
Government of the Republic
of the Philippines, G.R. No.
183591, October 14, 2008
3. Government
De Facto (Kinds) and De Jure and their
Characteristics
Case: (7) Lawyers League for a Better
Philippines vs. Corazon
Aquino, G.R. No. 73748, May 22,
1986

Functions of the Government

Case: (8) Philippine Virginia Tobacco
Administration (PVTA) v.
Court of Industrial Relations
(CIR), G. R. No. L-32052, July 25,
1975

Doctrine of Parens Patriae

Cases: (9) Soriano vs. Laguardia, G.R. no.
164785, April 29, 2009

(10) San Juan Dela Cruz vs.

Gracia, G.R. No. 177728,
July 31, 2009

(11) Samahan ng mg Progresibong

Kabataan (SPARK), et al. vs. Quezon
City, G.R. No. 225442, August 8, 2017

4. Sovereignty
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Four Kinds of Sovereignty

Essential Characteristics
(12) People vs. Perfecto, G.R. NO. L-
18463, October 4, 1922
Kinds of Jurisdiction
(13) Callado vs. International Rice
Research Institute,
G.R. No. 106483, May 22,
1995

C. Fundamental and Inherent Powers of the State

1. Police Power
Exercise of Police Power
(14) Natividad C. Cruz, et al. vs.
Pandacan Hiker’s Club, G.R. No.
188213, January 11, 2016

3. Power of Eminent Domain

(15) Republic vs. Jose Gamir Consuelo
Diaz Heirs Association, Inc., G.R. No.
218732, November 12, 2018*

4. Power of Taxation
(16) Ichong vs. Hernandez, G.R No. L-
7995, May 31, 1957

 Similarities and Distinctions

THE PHILIPPINES AS A STATE

Definition of State, Nation and Distinctions

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

occupying a fixed territory, possessing an organized government, independent of
external control, to which a great body of inhabitants render habitual obedience.

Nation – a political group having a government and people distinct from

all others organized for the purpose of procuring mutual safety and advantage.

Distinction between State and Nation

The State is a legal or political concept; nation is a racial, cultural and/or

ethnic concept.

Distinction between Government and State

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The State is an ideal person, intangible, indivisible and immutable while

the government is an agent and within the sphere of the agency.

Two Views on the Recognition of of a State

Constitutive Theory-recognition “constitutes” a state.

Declaratory Theory – recognition is merely “declaratory” of the existence
of the state.

Republican vs. Democratic

Republican State –all government authority emanates from the people

and is exercised by representatives chosen by the people.

Democratic State - this merely emphasizes that the Philippines has

some aspect of direct democracy such as initiative and referendum.

B. Elements of State and Definitions/Distinctions - PTGS

1. People
2. Territory
3. Government
4. Sovereignty

People – the entire body of those citizens of a state or nation who are
invested with political power for political purposes.

Territory – is a fixed area or surface of the earth where the inhabitants of

a State live and where they maintain a government of their own.

Government – that institution or aggregate of institutions by which an

independent society makes and carries out those rules of action which are
necessary to enable men to live in a social state, or which are imposed upon the
people forming that society by those who possess the power of authority of
prescribing them.

Kinds:
De Jure Government – is an organized government of a State which has
the general support of its people.
De Facto Government is characterized by the fact that it is not founded
upon the existing constitutional law of the State.

Kinds of De Facto Government

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1. That government which gets possession and control of, or usurps, by

force or by the voice of the majority, the rightful legal government and maintains
itself against the will of the latter.

2. That which is established and maintained by military forces who invade

and occupy a territory of the enemy in the course of war.

3. That established as an independent government by the inhabitants of a

country who rise in insurrection against the parents State.

Functions of Government

1. Constituent Functions – those which constitute the very bond of society, and
are, therefore, compulsory and not optional.

2. Ministrant Functions – those undertaken only by way of advancing the

general interest of society, and are, therefore, optional.

Doctrine of Parens Patriae – “father of his country, “parent of the

people”; the inherent power or authority of the State to provide protection of the
person and property of a person non sui juris (not having full legal capacity to
act on one’s behalf; subject to the authority of another).

Sovereignty – is the supreme power in a State by which a State is

governed, or the supreme, the absolute, uncontrollable power by which any State
is governed.

Four Kinds of Sovereignty

1. Legal Sovereignty
2. Political Sovereignty
3. Internal Sovereignty
4. External Sovereignty

Essential Characteristics of Sovereignty

1. Permanence
2. Exclusiveness
3. All-Comprehensiveness
4. Inalienability
5. Imprescriptibility
6. Unity

Effects on Sovereignty in times of Invasion:

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On Political Laws –immediately cease to have effect, except with

express consent of the new sovereign.
On Municipal Laws – those which are not in conflict with the laws
of the new sovereign may continue in force with the express consent of the new
sovereign.
On Judicial Decisions – valid during the occupation and even
beyond except those of a political complexion which are automatically annulled.

Principle of Just Postiminium – at the end of the occupation,

political laws are automatically revived.

Dominium vs. Imperium

Dominium is the capacity to own or acquire property; imperium is the

authority possessed by the State embraced in the concept of sovereignty.

Jurisdiction – is the manifestation of sovereignty.

Kinds of Jurisdiction:

Territorial- authority to have all persons and things within its territorial
limits be completely subject to its control and protection
Exceptions:
(a) foreign states, heads of state, diplomatic representatives, and consuls
to a certain degree;
(b) foreign state property, including embassies, consulates, and public
vessels engaged in non-commercial activities;
(c) acts of state;
(d) foreign merchant vessels exercising the rights of innocent passage or
involuntary entry, such as arrival under stress;
(e) foreign armies passing through or stationed in its territory with its
permission; and
(f) such other persons or property, including organizations like the
United Nations, over which it may, by agreement, waive jurisdiction.

Personal – the State has power of jurisdiction over its nationals, their
persons, property, or acts, whether within or outside its territory.

Extraterritorial – authority over persons, things or acts, outside of its

territorial limits by reason of their effects to its territory; the State has power
and jurisdiction beyond or outside its territory:
 When it asserts its personal jurisdiction over its nationals
abroad, or the exercise of its rights to punish certain
offenses committed outside its territory against its national
interests even if the offenders are non-resident aliens;
 When the local state waives its jurisdiction over persons and
things within its territory, such as when a foreign army
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stationed therein remains under the jurisdiction of the

sending state;
 When it establishes a colonial protectorate, or a
condominium, or administers a trust territory, or occupies
enemy territory in the course of war;
 When it enjoys easements or servitudes (i.e., easement of
innocent passage or arrival under stress);
 When it exercises jurisdiction over its vessels in the high
seas, or even pirates while doing a hot pursuit operation;
 When it exercises limited jurisdiction over the contiguous
zone and the patrimonial sea to prevent infringement of its
customs, fiscal, immigration or sanitary regulations;
 When it exercises the principle of exterritoriality (i.e.
immunities of head of state in a foreign country)

Principle of auto-limitation – any state may, by its consent, express

or implied, submit to a restriction of its sovereign rights.

C. Fundamental and Inherent Powers of the State

1. Police Power
2. Power of Eminent Domain
3. Power of Taxation

Police Power – it is the sovereign power to promote and protect the

general welfare.

Power of Eminent Domain – the right of the State to acquire private

property for public use upon payment of just compensation.

Power of Taxation – is the power of the Sate to raise revenues to defray

the expenses of government or for any public purpose.

Similarities of the Three Powers

1. These are the methods by which the Sate interfere with private rights.
2. They are inherent in the State and they may be exercised by the State
without the need of express constitutional grant.
3. They are not only necessary but also indispensable and indestructible
as the State itself.
4. They presuppose equivalent compensation.
5. They are exercised primarily by the legislature.
s
Distinctions:
1. Nature of Compensation
Police Power – the compensation of the person is the intangible altruistic
feeling that he has contributed to the general welfare.
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Eminent Domain and Taxation – compensation is more concrete.

Taxation – there is corresponding protection and public improvements
for the taxes paid.

2. Nature of Property
Police Power – involves destruction and confiscation of property which
are noxious.
Eminent Domain and Taxation – property taken is for public use.

3. How Exercised
Police Power and Taxation – exercised only by the government.
Eminent Domain – may be exercised by private entities upon valid
delegation.

4. What is Regulated
Police Power and Taxation – regulates liberty and property
Eminent Domain and Taxation – addressed to private rights only.

CASES ASSIGNED:

1. PROVINCE OF NORTH COTABATO VS. GOVERNMENT OF THE

REPUBLIC OF THE PHILIPPINES, G.R. No. 183591, October 14, 2008

2. LAWYERS LEAGUE FOR A BETTER PHILIPPINES VS. CORAZON

AQUINO, G.R. NO. 73748, MAY 22, 1986

3. PHILIPPINE VIRGINIA TOBACCO ADMINISTRATION (PVTA) VS.

COURT OF INDUSTRIAL RELATIONS (CIR), G. R. NO. L-32052,
JULY 25, 1975

4. SORIANO VS. LAGUARDIA, G.R. NO. 164785, APRIL 29, 2009

5. SAN JUAN DELA CRUZ VS. GRACIA, G.R. NO. 177728, JULY 31,
2009

6. PEOPLE VS. PERFECTO, G.R. NO. L-18463, OCTOBER 4, 1922

7. SAMAHAN NG MGA PROGRESIBONG KABATAAN (SPARK), ET

AL. VS. QUEZON CITY, G.R. NO. 225442, AUGUST 8, 2017

8. CALLADO VS. INTERNATIONAL RICE RESEARCH INSTITUTE,

G.R. NO. 106483, MAY 22, 1995

9. NATIVIDAD C. CRUZ, ET AL. VS. PANDACAN HIKER’S CLUB, G.R.

NO. 188213, JANUARY 11, 2016
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10. REPUBLIC VS. JOSE GAMIR CONSUELO DIAZ HEIRS

ASSOCIATION, INC., G.R. NO. 218732, NOVEMBER 12, 2018

11. ICHONG VS. HERNANDEZ, G.R NO. L-7995, MAY 31, 1957