PEOPLE

DEFINITION OF PEOPLE:

The first three words in the Constitution are the most powerful: We the People. They declare that the
Constitution derives its power, not from a king or a Congress but from the people themselves. This concept
of popular sovereignty, power to the people, is the foundation upon which the entire Constitution depends.

ARTICLE IV

Citizenship

SECTION 1. 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 accordance with law.

SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-
born citizens.

SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

SECTION 4. 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 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with
by law.

ARTICLE III

Bill of Rights

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.

ARTICLE XIII

Social Justice and Human Rights

SECTION 1. The Congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the
common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property
and its increments.

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.

SECTION 4. The prime duty of the Government is to serve and protect the people. The Government may
call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal military or civil service.

TERRITORY

DEFINITION OF TERRITORY:

TERRITORY - a geographic area belonging to or under the jurisdiction of a governmental authority

-an administrative subdivision of a country.

ARTICLE I

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. The waters around, between,
and connecting the islands of the archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.

What is the Philippine archipelagic doctrine?

"All waters around, between and connecting the different islands of the Philippine Archipelago,
irrespective of their width and dimension, are necessary appurtenances of its land territory,
forming an integral part of the national or inland waters, subject to the exclusive sovereignty of the
Philippines."
Definitions of associated state: a state or territory partly controlled by (but not a possession of)
a stronger state but autonomous in internal affairs; protectorates are established by treaty.
synonyms: protectorate. type of: district, dominion, territorial dominion, territory.

What is the Bangsamoro juridical entity?

The Bangsamoro Juridical Entity (BJE) was a proposed subdivision in the Philippines spanning
portions of Mindanao and Palawan.

The Bangsamoro Juridical Entity (BJE) was a proposed subdivision in the Philippines spanning
portions of Mindanao and Palawan. Conceptualized during the peace talks between the
government of the Philippines during the administration of President Gloria Macapagal Arroyo and
the Moro Islamic Liberation Front (MILF), the BJE was the proposed expanded successor to
the Autonomous Region in Muslim Mindanao (ARMM).
A memorandum of agreement on ancestral domain (MOA-AD) was to be signed between the
Philippine government and the MILF on August 4, 2008, but the Supreme Court stopped the
signing over concerns of the deal's constitutionality. The high court would rule the MOA-AD
unconstitutional on October 4, 2008, which led to the collapse of the peace talks between the two
parties.

Bangsamoro, officially the Bangsamoro Autonomous Region in Muslim

Mindanao (BARMM; Filipino: Rehiyong Awtonomo ng Bangsamoro sa Muslim
Mindanao; Arabic: ‫ة الحكم‬FFFFFFFF‫امورو ذاتي‬FFFFFFFF‫ة بانجس‬FFFFFFFF‫منطق‬, Minṭaqah Banjisāmūrū dhātiyyah al-
ḥukm; Maguindanaon: Dairat nu Bangsamoro sa Muslim Mindanao a pegkamalan i ginawa) is
an autonomous region in the Philippines, located in the southwestern portion of the island
of Mindanao.
Replacing the Autonomous Region in Muslim Mindanao (ARMM), the BARMM was formed with
the ratification of its basic law, the Bangsamoro Organic Law, following a two-part legally binding
plebiscite in Western Mindanao held on January 21 and February 6, 2019. The ratification was
confirmed a few days later on January 25 by the Commission on Elections (COMELEC).
The establishment of Bangsamoro was the culmination of several years of peace talks between
the Philippine government and several autonomist groups; in particular the Moro Islamic Liberation
Front (MILF), which rejected the validity of the ARMM and called for the creation of a region with
more powers devolved from the national government. A framework agreement known as
the Comprehensive Agreement on the Bangsamoro was negotiated between the national
government and the MILF in 2014. After continued negotiations and debates over certain
provisions, the Congress of the Philippines created and ratified a basic law for the region, now
referred to as the Bangsamoro Organic Law; the bill was signed into law on July 26, 2018.
Despite questions on the region's constitutionality, as it would have adopted a parliamentary
system in an area of a country with a presidential system of government, no judicial ruling was
made against the organic law and consequently a two-part plebiscite was held: one by ARMM
citizens determining whether to dissolve the ARMM and immediately replace it with the
Bangsamoro and, following the victory of the yes vote on the first part, [9][10][11] and the second part
taken by neighboring municipalities and barangays in the provinces of Lanao del Norte and
Cotabato regarding their cession to the Bangsamoro region. [12][13][14][15] As a result of the second
part of the plebiscite, 63 barangays of Cotabato province were handed over to the Bangsamoro
government, adding to the autonomous region's territory.[16][12]
The Bangsamoro took the place of the ARMM as the only Muslim-majority autonomous region in
the Philippines.[17] Currently in transition until 2025, the Bangsamoro government has been
considered a testing ground for the wider debate on constitutional reform and federalism in the
Philippines.

The Autonomous Region in Muslim Mindanao (Tagalog: Rehiyong Awtonomo ng Muslim

Mindanao; Arabic: ‫دناو‬FF‫لمي من‬FF‫ذاتي االقليمي لمس‬FF‫ الحكم ال‬Al-ḥukm adh-dhātī al-'iqlīmī li-muslimī Mindanāu;[3]
[4]
abbreviated as ARMM) was an autonomous region of the Philippines, located in
the Mindanao island group of the Philippines, that consisted of five
predominantly Muslim provinces: Basilan (except Isabela City), Lanao del
Sur, Maguindanao, Sulu, and Tawi-Tawi. It was the only region that had its own government. The
region's de facto seat of government was Cotabato City, although this self-governing city was
outside its jurisdiction.
The ARMM included the province of Shariff Kabunsuan from its creation in 2006 until July 16,
2008, when Shariff Kabunsuan ceased to exist as a province after the Supreme Court of the
Philippines declared the "Muslim Mindanao Autonomy Act 201", which created it, unconstitutional
in Sema v. COMELEC and Dilangalen.[5]
On October 7, 2012, President Benigno Aquino III said that the government aimed to have peace
in the autonomous region and that it would become known as the Bangsamoro Autonomous
Region,[6] a compound of bangsa (nation) and Moro.[7] On July 26, 2018, Aquino's successor,
President Rodrigo Duterte, signed the Bangsamoro Organic Law (BOL), which paved the way for
the establishment of a new autonomous political entity in the area, the Bangsamoro Autonomous
Region in Muslim Mindanao (BARMM).[8][9]
ARMM was nominally disestablished after the ratification of BOL and will be effectively replaced by
the BARMM upon the constitution of the Bangsamoro Transition Authority, an interim government
for the region.[10] The law was "deemed ratified" on January 25, 2019, following the January
21 plebiscite.[11][12][13]

INDEPENDENCE is a condition of a nation, country, or state, in which residents and population, or

some portion thereof, exercise self-government, and usually sovereignty, over its territory. The
opposite of independence is the status of a dependent territory. The commemoration of the
independence day of a country or nation celebrates when a country is free from all forms of
foreign colonialism; free to build a country or nation without any interference from other nations.

AUTONOMY

Autonomy is an individual’s capacity for self-determination or self-governance. Beyond that, it is a

much-contested concept that comes up in a number of different arenas. For example, there is the
folk concept of autonomy, which usually operates as an inchoate desire for freedom in some area
of one’s life, and which may or may not be connected with the agent’s idea of the moral good. This
folk concept of autonomy blurs the distinctions that philosophers draw among personal
autonomy, moral autonomy, and political autonomy. Moral autonomy, usually traced back to Kant,
is the capacity to deliberate and to give oneself the moral law, rather than merely heeding the
injunctions of others. Personal autonomy is the capacity to decide for oneself and pursue a course
of action in one’s life, often regardless of any particular moral content. Political autonomy is the
property of having one’s decisions respected, honored, and heeded within a political context.
Another distinction that can be made is between autonomy as a bare capacity to make decisions
and of autonomy as an ideal. When autonomy functions as an ideal, agents who do not meet
certain criteria in having reached a decision are deemed non-autonomous with respect to that
decision. This can function both locally, in terms of particular actions, and globally, in terms of
agents as a whole. For instance, children, agents with cognitive disabilities of a certain kind, or
members of oppressed groups have been deemed non-autonomous because of their inability to
fulfill certain criteria of autonomous agency, due to individual or social constraints.
There is debate over whether autonomy needs to be representative of a kind of “authentic” or
“true” self. This debate is often connected to whether the autonomy theorist believes that an
“authentic” or “true” self exists. In fact, conceptions of autonomy are often connected to
conceptions of the nature of the self and its constitution. Theorists who hold a socially constituted
view of the self will have a different idea of autonomy (sometimes even denying its existence
altogether) than theorists who think that there can be some sort of core “true” self, or that selves
as agents can be considered in abstraction from relational and social commitments and contexts.

Finally, autonomy has been criticized as being a bad ideal, for promoting a pernicious model of
human individuality that overlooks the importance of social relationships and dependency.
Responses to these criticisms have come in various forms, but for the most part philosophers of
autonomy have striven to express the compatibility of the social aspects of human action within
their conceptions of self-determination, arguing that there need not necessarily be an antagonism
between social and relational ties, and our ability to decide our own course of action.

BARMM
The Bangsamoro, officially the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) is
an autonomous region located in the southern Philippines. Replacing the Autonomous Region in
Muslim Mindanao (ARMM). The BARMM consists of five predominantly Muslim provinces. It is the
only region in the Philippines that has its own government.
BARMM has a Regional Governor, Executive departments, and its own unicameral legislature,
the Regional Legislative Assembly. The Bangsamoro Autonomous Region has its own regional
justice system which applies Shari'ah to its residents like its predecessor the Autonomous Region
in Muslim Mindanao. Unlike its predecessor though, the Bangsamoro Organic Law, which became
effective as of August 10, 2018, has a provision for the creation of a Shari'ah High Court, which, if
and when realized, would consist of five justices including a presiding justice and would
oversee appellate courts, district courts, and circuit courts. Non-Muslims could also volunteer to
submit themselves under the jurisdiction of Shari'ah law. The Bangsamoro justice system also
recognizes traditional or tribal laws but these would only apply to disputes of indigenous
peoples within the region. Philippines laws also apply to the region, as well as the BARMM's own
laws.
The BANGSAMORO ORGANIC LAW (BOL; Filipino: Batayang Batas para sa Rehiyong
Awtonomo ng Bangsamoro),[2] also known as the Bangsamoro Basic Law (BBL), and officially
designated as Republic Act No. 11054, is a Philippine law that provided for the establishment of
the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).[3]
Legislative efforts for the establishment of a Bangsamoro autonomous region was first proposed
and deliberated upon by the 16th Congress of the Philippines but failed to pass into law. The issue
was taken up once again in the 17th Congress. The legislation was ratified by both the Senate and
the House of Representatives on July 23 and 24, 2018 respectively. [4] The bill was finally signed
into law by President Rodrigo Duterte on July 26, 2018.[5][6] The provisions of the law became
effective on August 10, 2018.[7]
As an organic act, the basic law abolished the Autonomous Region in Muslim Mindanao (ARMM)
and provided for the basic structure of government for Bangsamoro, following the agreements set
forth in the Comprehensive Agreement on the Bangsamoro peace agreement signed between
the government of the Philippines and the Moro Islamic Liberation Front in 2014.[3]
A two-part plebiscite was held on January 21 (for ARMM areas) and February 6 (for Cotabato and
the six municipalities in Lanao del Norte, including areas who petitioned to join the region),
creating Bangsamoro and formally abolishing the ARMM.

Parts of the proposed law

The various portions of BBL as proposed by the Bangsamoro Transition Commission which had
been assigned to draft the bill include sections covering (but not limited to) Bangsamoro identity,
Bangsamoro territory, Bangsamoro government, Bangsamoro justice system, Bangsamoro basic
rights, Bangsamoro economic, financial, and fiscal framework and provisions relating transition to
the proposed Bangsamoro Autonomous Region.[8]

Legislative history
16th Congress
Following the signing of the Framework Agreement on the Bangsamoro after talks between the
government and the Moro Islamic Liberation Front (MILF) in 2012, the Bangsamoro Transition
Commission (BTC) was instituted by President Benigno Aquino to create a draft for a Bangsamoro
Basic Law. In March 2014, the Comprehensive Agreement on the Bangsamoro was signed which
would serve as basis for the BBL. In August, the BTC's second draft was handed over to President
Aquino.[9]
The draft of the law was submitted by President Benigno Aquino III to Congress leaders on
September 10, 2014.[10] An ad hoc committee assigned to the bill by the House of
Representatives passed its version of the bill, House Bill No. 5811, on May 20, 2015.[11][12]
In the Senate, a revised version of the BBL, known as the Bangsamoro Autonomous Region Law
(Senate Bill No. 2894[13]), was presented on August 11, 2015[14] after lengthy deliberations on the
BBL in the Committee on Local Government, [14] and was due for interpellation on August 17, 2015.
[15]
Due to the length and complexity of the bill, however, the Senate temporarily deferred the
period of interpellation for the bill.[16] The 16th Congress went on recess without passing the bill on
February 2, 2016.[17]

On Monday, January 21, in the first of two plebiscite votes, citizens of the Autonomous Region in
Muslim Mindanao (ARMM), Isabela City and Cotabato City will cast their votes to decide whether
or not to ratify the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao,
known in short as the Bangsamoro Organic Law (BOL). The second vote will take place on
Wednesday, February 6 in areas that surround the current ARMM, including six municipalities in
Lanao del Norte and 39 barangays in North Cotabato.

What is the BOL?

As stated in the law, the purpose of the BOL is to secure the identity and prosperity of the Moro
people, Muslim Filipinos and all indigenous cultural communities in the country’s south through the
establishment of a strengthened and expanded autonomous region. The Moro people are the
original inhabitants of Mindanao and, as a Muslim population, are the Philippines largest group of
non-Catholics. Since Spain’s colonization of Mindanao in the 16 th century, Moros have
experienced a long history of conquest, including by the United States during the Spanish-
American War and by Japan during World War II. Longstanding grievances derived from
deleterious colonial policies and practices are central to pro-separatist groups’ quest for
independence of the Moro people.

The plebiscite comes after decades of separatist violence in Mindanao and years of peace
agreement efforts between the Government of the Philippines (GPH) and the Moro Islamic
Liberation Front (MILF), one of the leading Muslim separatist groups in the Philippines. If ratified,
the BOL will create a new self-governing Muslim region, the Bangsamoro Autonomous Region in
Muslim Mindanao (BARMM), to replace the ARMM. The BARMM will encompass a larger, self-
governing region within Mindanao, including what is currently known as the ARMM as well as
adjacent towns and provinces that opt-in through the plebiscite. If passed, the BOL will grant the
BARMM higher levels of fiscal and governing autonomy.
On July 26, 2018, President Duterte signed the BOL after its passage in Congress. However, to
become ratified, citizens within the ARMM and surrounding areas need to vote to either accept or
reject the ratification of the BOL.

Why Does it Matter?

After decades of separatist conflict and failed attempts at peace, a ratified BOL offers an
opportunity to achieve sustainable peace in Muslim Mindanao through granting self-determination
to Moro communities in the region. The BOL will establish a new government and is intended to
jumpstart a process in which the MILF leads disarmament efforts among militant separatist groups
in the BARMM.

What Can we Expect?

BOL Ratified

While many Mindanaoans, the GPH and international observers are hopeful that a ‘yes’ vote will
bring lasting peace, critical questions remain, causing many observers to be cautiously optimistic
about the BARMM’s ability to establish peace in the region. Among them include: How will the
BOL be implemented in practice; what political and judicial structures will take form within the
BARMM; and who will lead the new BARMM government?

Further, the longstanding practice of rido or clan feuding as well as the presence of violence
extremist organizations (VEOs) in Mindanao pose an additional threat to a long-awaited peace in
the region. Inter-clan political violence, including politically motivated violence perpetrated by rival
insurgent groups against one another, has been a leading cause of all violence in the ARMM over
the past several years. Political families have used private armies to threaten or use
violence against their oppositions. Leaders within the MILF, the group who has led the effort to
secure the BARMM, are most likely to rise to the forefront for BARMM government positions when
the first local elections are held, currently planned for 2022. However, the MILF have engaged in
rido and separatist violence in the past and have a long way to go to transition from a leading
militant group to respected community leaders capable of implementing sound good governance
policies and practices.

If MILF leaders come to occupy key positions within the new BARMM government, there is a
chance that they will face significant, and maybe even violent, opposition from rival clans,
separatist and/or violent extremist groups who would like to assert their own stake in governing of
the new autonomous region.

Additionally, some aggrieved young Mindanaoans view the peace process between the MILF and
the GPH as selling out to ‘Imperial Manila.’ VEOs such as Abu-Sayyaf Group (ASG), ISIS-
Philippines and Bangsamoro Islamic Freedom Fighters (BIFF) have often exploited these tensions
to increase their recruitment of youth within Mindanao. If ratified, the BARMM presents an
opportunity for VEOs to challenge a new government and exploit any governance vacuums that
may emerge during the transition to the BARMM. With this, it is critical that sound governance
practices are implemented so that citizens can address grievances through the formal political
process rather than turning to VEOs.

If ratified, the success of the new autonomous region will rely on good governance. The future
leaders of the BARMM government, no matter who they are, must adopt and implement policies
and practices that are responsive to the needs of BARMM constituents, if they wish to establish a
functional BARMM government, establish legitimacy as new governors and, ultimately, achieve
sustainable peace in Mindanao. Given the pressure they may face from opposing, malign actors,
these leaders will need technical assistance to build their capacity to adopt and implement good
governance successfully.
BOL Vetoed

It is difficult to speculate what may transpire if the BOL is vetoed. However, if it is, years of peace
negotiations will be lost and the region will have to come to grips with a new path forward to attain
peace. On Friday, January 18, at a “peace assembly” in support of the BOL in Cotabato City,
President Rodrigo Duterte called upon voters to vote ‘yes,’ reaffirming his long-time commitment to
the law’s passage.

Despite the President Duterte’s support, Presidential Spokesman and Chief Presidential Legal
Counsel Salvador Panelo stated that if the law were to be vetoed, the President would have to
acknowledge the will of the voters. Ultimately, a veto vote will certainly create a very challenging
political environment in Mindanao and with the ARMM’s relationship to the national government –
an environment and dynamic that the region is unlikely prepared for.

The plebiscite has offered many who have lived through Mindanao’s violent past hope for a
peaceful future. On Monday, cautiously optimistic observers will get a long-anticipated first glimpse
into the future of the violence-prone Mindanao.

GOVERNMENT
A government is the system to govern a state or community. The Columbia Encyclopedia defines
government as "a system of social control under which the right to make laws, and the right to
enforce them, is vested in a particular group in society". [5] While all types of organizations
have governance, the word government is often used more specifically to refer to the
approximately 200 independent national governments on Earth, as well as their subsidiary
organizations, such as state and provincial governments as well as local governments.[6]
The word government derives from the Greek verb κυβερνάω [kubernáo] meaning to steer with
a gubernaculum (rudder), the metaphorical sense being attested in the literature of classical
antiquity, including Plato's Ship of State.[7] In British English, "government" sometimes refers to
what's also known as a "ministry" or an "administration", i.e., the policies and government officials
of a particular executive or governing coalition. Finally, government is also sometimes used in
English as a synonym for rule or governance.[8]
In other languages, cognates may have a narrower scope, such as the government of Portugal,
which is actually more similar to the concept of "administration".

EXECUTIVE ORDER NO. 292

INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"

WHEREAS, the Administrative Code currently in force was first forged in 1917 when the
relationship between the people and the government was defined by the colonial order then
prevailing;

WHEREAS, efforts to achieve an integrative and over-all recodification of its provisions resulted in
the Administrative Code of 1978 which, however, was never published and later expressly
repealed;
WHEREAS, the effectiveness of the Government will be enhanced by a new Administrative Code
which incorporates in a unified document the major structural, functional and procedural principles
and rules of governance; and

WHEREAS, a new Administrative Code will be of optimum benefit to the people and Government
officers and employees as it embodies changes in administrative structures and procedures
designed to serve the people;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby promulgate the Administrative Code of 1987,
as follows:

INTRODUCTORY PROVISIONS

Section 1. Title. - This Act shall be known as the "Administrative Code of 1987."

Section 2. General Terms Defined. - Unless the specific words of the text, or the context as a
whole, or a particular statute, shall require a different meaning:

(1) Government of the Republic of the Philippines refers to 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
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.

(2) National Government refers to the entire machinery of the central government, as
distinguished from the different forms of local governments.

(3) Local Government refers to the political subdivisions established by or in accordance

with the Constitution.

(4) Agency of the Government refers to any of the various units of the Government,
including a department, bureau, office, instrumentality, or government-owned or controlled
corporations, or a local government or a distinct unit therein.

(5) National Agency refers to a unit of the National Government.

(6) Local Agency refers to a local government or a distinct unit therein.

(7) Department refers to an executive department created by law. For purposes of Book IV,
this shall include any instrumentality, as herein defined, having or assigned the rank of a
department, regardless of its name or designation.

(8) Bureau refers to any principal subdivision or unit of any department. For purposes of
Book IV, this shall include any principal subdivision or unit of any instrumentality given or
assigned the rank of a bureau, regardless of actual name or designation, as in the case of
department-wide regional offices.

(9) Office refers, within the framework of governmental organization, to any major functional
unit of a department or bureau including regional offices. It may also refer to any position
held or occupied by individual persons, whose functions are defined by law or regulation.

(10) Instrumentality refers to any agency of the National Government, not integrated within
the department framework vested within special functions or jurisdiction by law, endowed
 with some if not all corporate powers, administering special funds, and enjoying operational
autonomy, usually through a charter. This term includes regulatory agencies, chartered
institutions and government-owned or controlled corporations.

(11) Regulatory agency refers to any agency expressly vested with jurisdiction to regulate,
administer or adjudicate matters affecting substantial rights and interests of private persons,
the principal powers of which are exercised by a collective body, such as a commission,
board or council.

(12) Chartered institution refers to any agency organized or operating under a special
charter, and vested by law with functions relating to specific constitutional policies or
objectives. This term includes the state universities and colleges and the monetary authority
of the State.

(13) Government-owned or controlled corporation refers to any agency organized as a

stock or non-stock corporation, vested with functions relating to public needs whether
governmental or proprietary in nature, and owned by the Government directly or through its
instrumentalities either wholly, or, where applicable as in the case of stock corporations, to
the extent of at least fifty-one (51) per cent of its capital stock: Provided, That government-
owned or controlled corporations may be further categorized by the Department of the
Budget, the Civil Service Commission, and the Commission on Audit for purposes of the
exercise and discharge of their respective powers, functions and responsibilities with
respect to such corporations.

(14) "Officer" as distinguished from "clerk" or "employee", refers to a person whose duties,
not being of a clerical or manual nature, involves the exercise of discretion in the
performance of the functions of the government. When used with reference to a person
having authority to do a particular act or perform a particular function in the exercise of
governmental power, "officer" includes any government employee, agent or body having
authority to do the act or exercise that function.

(15) "Employee", when used with reference to a person in the public service, includes any
person in the service of the government or any of its agencies, divisions, subdivisions or
instrumentalities.

Under the DOCTRINE OF PARENS PATRIAE (father of his country), the judiciary, as an agency
of the State, has the supreme power and authority to intervene and to provide protection to
persons non sui juris - those who because of their age or incapacity are unable to care and fend
for themselves.

In law, PARENS PATRIAE refers to the public policy power of the State to intervene against an
abusive or negligent parent, legal guardian, or informal custodian, and to act as the parent of any
child or individual who is in need of protection.

A DE JURE GOVERNMENT is the legal, legitimate government of a state and is so recognized by

other states. In contrast, a DE FACTO GOVERNMENT is in actual possession of authority and
control of the state. For example, a government that has been overthrown and has moved to
another state will attain de jure status if other nations refuse to accept the legitimacy of the
revolutionary government.
A "de facto government" comes into, or remains in, power by means not provided for in the
country's constitution, such as a coup d'état, revolution, usurpation, abrogation or suspension of
the constitution.

De facto (/deɪ ˈfæktoʊ, di-, də-/ day FAK-toh, dee -, də -;[1] Latin: de facto [deː ˈfaktoː], lit. 'in fact')
describes practices that exist in reality, regardless of whether they are officially recognized by laws
or other formal norms.[2][3][4] It is commonly used to refer to what happens in practice, in contrast
with de jure ("by law"), which refers to things that happen according to official law, regardless of
whether the practice exists in reality.

Jurisprudence
In jurisprudence, it mainly means "practiced, but not necessarily defined by law" [citation needed] or
"practiced or is valid, but not officially established".[citation needed] Basically, this expression is opposed
to the concept of "de jure" (which means "as defined by law") when it comes to law, management
or technology (such as standards) in the case of creation, development or application of "without"
or "against" instructions, but in accordance with "with practice". When legal situations are
discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced.
Similar expressions: "essentially", "unofficial", "in fact", "actually". With regards to sentencing, the
term "de facto life imprisonment" is used to describe a sentence that is not a life sentence but it
ends when the defendant is at an age where they are likely to be dead.
A de facto standard is a standard (formal or informal) that has achieved a dominant position by
tradition, enforcement, or market dominance. It has not necessarily received formal approval by
way of a standardization process, and may not have an official standards document.
Technical standards are usually voluntary, such as ISO 9000 requirements, but may be obligatory,
enforced by government norms, such as drinking water quality requirements. The term "de facto
standard" is used for both: to contrast obligatory standards (also known as "de jure standards"); or
to express a dominant standard, when there is more than one proposed standard.
In social sciences, a voluntary standard that is also a de facto standard, is a typical solution to
a coordination problem.[5]

Government and culture

Governance and sovereignty
A de facto government is a government wherein all the attributes of sovereignty have, by
usurpation, been transferred from those who had been legally invested with them to others, who,
sustained by a power above the forms of law, claim to act and do really act in their stead. [8]
In politics, a de facto leader of a country or region is one who has assumed authority, regardless
of whether by lawful, constitutional, or legitimate means; very frequently, the term is reserved for
those whose power is thought by some faction to be held by unlawful, unconstitutional, or
otherwise illegitimate means, often because it had deposed a previous leader or undermined the
rule of a current one. De facto leaders sometimes do not hold a constitutional office and may
exercise power informally.
Not all dictators are de facto rulers. For example, Augusto Pinochet of Chile initially came to power
as the chairperson of a military junta, which briefly made him de facto leader of Chile, but he later
amended the nation's constitution and made himself president until new elections were called,
making him the formal and legal ruler of Chile. Similarly, Saddam Hussein's formal rule of Iraq is
often recorded as beginning in 1979, the year he assumed the Presidency of Iraq. However, his de
facto rule of the nation began earlier: during his time as vice president; he exercised a great deal
of power at the expense of the elderly Ahmed Hassan al-Bakr, the de jure president.
In Argentina, the successive military coups that overthrew constitutional governments installed de
facto governments in 1930–1932, 1943–1946, 1955–1958, 1966–1973 and 1976–1983, the last of
which combined the powers of the presidential office with those of the National Congress. The
subsequent legal analysis of the validity of such actions led to the formulation of a doctrine of the
de facto governments, a case law (precedential) formulation which essentially said that the actions
and decrees of past de facto governments, although not rooted in legal legitimacy when taken,
remained binding until and unless such time as they were revoked or repealed de jure by a
subsequent legitimate government.
That doctrine was nullified by the constitutional reform of 1994. Article 36 states:

 (1) This Constitution shall rule even when its observance is interrupted by acts of force against
the institutional order and the democratic system. These acts shall be irreparably null.
 (2) Their authors shall be punished with the penalty foreseen in Section 29, disqualified in
perpetuity from holding public offices and excluded from the benefits
of pardon and commutation of sentences.
 (3) Those who, as a consequence of these acts, were to assume the powers foreseen for the
authorities of this Constitution or for those of the provinces, shall be punished with the same
penalties and shall be civil and criminally liable for their acts. The respective actions shall not
be subject to prescription.
 (4) All citizens shall have the right to oppose resistance to those committing the acts of force
stated in this section.
 (5) He who, procuring personal enrichment, incurs in serious fraudulent offense against the
Nation shall also attempt subversion against the democratic system, and shall be disqualified
to hold public office for the term specified by law.
 (6) Congress shall enact a law on public ethics which shall rule the exercise of public office.
Two examples of de facto leaders are Deng Xiaoping of the People's Republic of China and
general Manuel Noriega of Panama. Both of these men exercised nearly all control over their
respective nations for many years despite not having either legal constitutional office or the legal
authority to exercise power. These individuals are today commonly recorded as the "leaders" of
their respective nations; recording their legal, correct title would not give an accurate assessment
of their power.
Another example of a de facto ruler is someone who is not the actual ruler but exerts great or total
influence over the true ruler, which is quite common in monarchies. Some examples of these de
facto rulers are Empress Dowager Cixi of China (for son Tongzhi Emperor and nephew Guangxu
Emperor), Prince Alexander Menshikov (for his former lover Empress Catherine I of
Russia), Cardinal Richelieu of France (for Louis XIII), Queen Elisabeth of Parma (for her husband,
King Philip V) and Queen Maria Carolina of Naples and Sicily (for her husband King Ferdinand I of
the Two Sicilies).

The major differences between de facto and de jure are:

De Facto De Jure

Factual Recognition is known as De Facto Legal Recognition is known as De Jure

De Facto is temporary. It is not permanent like De De Jure which is a legal recognition is a

Jure. It is a temporary and provisional recognition permanent recognition and it cannot be
which can be withdrawn. withdrawn.

The recognition that is conferred by De Facto is De Jure is a recognition given after

based on a factual situation and is not a process of following due procedure of law.
law.
 Diplomatic representatives are not exchanged. Diplomatic representatives are exchanged

State Succession rules do not apply in de facto Under De Jure, rules of state succession
are applied.

De Facto Government cannot recover a state asset Only a de jure government can recover
or public debt state assets or public debt.

Membership to the United Nations is not possible A state can get United Nations
even if there is a de facto recognition by the membership if the majority of nations
majority of states. bestows de jure recognition.

The State which receives De facto recognition will The State which receives De Jure
have 2 rival governments recognition has only 1 Government.

It is a legal truism in political and international law that all acts and proceedings of the
legislative, executive, and judicial department of a de facto government are good and valid.
- Naa ra sa chan vs valdez case makita

SOVEREIGNTY can generally be defined as supreme authority. [1] Sovereignty entails hierarchy
within the state, as well as external autonomy for states. [2] In any state, sovereignty is assigned to
the person, body or institution that has the ultimate authority over other people in order to establish
a law or change existing laws.[3] In political theory, sovereignty is a substantive term designating
supreme legitimate authority over some polity.[4] In international law, sovereignty is the exercise of
power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers
to the factual ability to do so. This can become an issue of special concern upon the failure of the
usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and
reside within the same organization.

EXTERNAL SOVEREIGNTY is the power a country has to talk and make deals with other
countries. It's like when you talk to your friends and make plans together. INTERNAL
SOVEREIGNTY is the power a country has to make decisions within its own borders. It's like when
you make decisions for yourself and your family at home.

External sovereignty refers to a nation's power to deal with other national governments on its
behalf.

Explanation: External sovereignty is the ability of a country to conduct its own foreign affairs and
make decisions about its relationships with other countries. This includes negotiating treaties,
making alliances, and engaging in diplomacy. It is an important aspect of a country's
independence and autonomy.

INTERNAL SOVEREIGNTY refers to the power that a government has within its own territory and
the ability to exercise control over its citizens. It is the supreme political authority of
an independent state and includes the power to make decisions and enforce laws within its
borders. This is different from EXTERNAL SOVEREIGNTY, which is the power to deal with other
national governments on behalf of the state. In simpler terms, internal sovereignty is the power a
government has to govern its own people and make decisions for its own country.

Internal sovereignty refers to the power that a government entity of a sovereign state has over its
own affairs within its territory and the exercise of external sovereignty.

Explanation: Internal sovereignty is an essential aspect of a sovereign state's power. It allows the
government to make decisions and enforce laws within its own territory without interference from
other nations. The example of the United States government illustrates how internal sovereignty is
granted by the Constitution and is separate from the power to deal with other nations, which is
known as external sovereignty.