UCSP Quarter 2
State Institution
Institution
 It is a structure or mechanism of social order
and cooperation that governs the behavior of a
set of individuals within a community.
 It is composed of a formal rules, informal norms
or agreed upon understanding that constraint
and prescribed
 An organization or corporation that has a public
purpose, such as education, charity, or science.
Characteristics of an Institution
1. A cluster of social usage
 It is use in different aspects of an
individual’s life. E.g. educational institution
are there to improve the acquiring of
knowledge and application of such
knowledge to prepare students for a career
or higher education.
2. Relative degree of permanence
 The objectives of an institution are tested
over time. Ex. Banks
3. Well-known and defined objectives
 This where the institution established and
processes and practices. Have clear and
established goals.
4. A bit resistant to social changes due to well
solidified beliefs.
 Because of solidified beliefs and practices,
it’s hard for them to accept changes
5. Transmitter or social heritage
 Traditions and practices are carried on
processes hierarchy, culture and policies
within the institution.
State
 State is a community of persons more or less
numerous, permanently occupying a definite
portion of territory, having a government of
their own to which a great body of inhabitants
render obedience, and enjoying freedom from
external control.
 Geographical entity that has defined territory
including the three branches of government.
 Has a standard law.
Government
 A ruling authority where rules are made by who
the ruler is.
 They execute certain law.
Nation
 A sociocultural entity.
 Community based united by common descent,
history, culture, or language, inhabiting a
particular country or territory.
Elements of State
1. People
 Mass population living within a state.
 China: 1.43B; Vatican: 510 inhabitants
2. Territory
 Land, sea, air which the state extends.
 Vatican: smallest state; Russia: biggest
state
3. Government
 Agency which controls the function of
the state
4. Sovereignty
 Supreme power of the state to
command people without foreign
control
 Most exclusive element of a state
 Without sovereignty, no state can exist
Origin of State
1. Divine right theory
 State is created by God to govern the people;
Moses received his authority from God
2. Force theory
 State created by the power/force of warriors
against the weak.
3. Paternalistic theory
 Family grew into clan to tribe, to nation, to
state.
 Where masculine/men take the lead.
4. Social Contract theory
 People made contract/agreement to form state.
 (2) occupation, (3)
secession.
Forms of Government

1. Authoritarian Monarchy: one person Civil Government  run by elected civilian

a. Absolute: one ruler officials.
/divine right
b. Limited: one rule in
accordance with Three Inherent Power of the State
constitution
c. Aristocracy: rule by few 1. Eminent Domain
privilege class.  The power of the state to take private
d. Totalitarianism: only property for public use (paying just
one ruler compensation according to law).
2. Oligarchic  Rule of the few. 2. Police Power
 Does not have one  The power of the state to enact law,
ruler. regulation in relations to persons, property
 Controlled by small to promote general welfare of the people.
elite group.
Theocracy: have divine 3. Power of Taxation
officials which rules are  Power to impose charges (tax) to persons,
according to religious property, or property rights for the use and
beliefs. support of the government.
3. Democratic  Demos means people.
Kinds of Writ (Order)
 Kratos means power.
1. Writ of Amparo
 All citizens have equal
 The petition for a writ of Amparo is a
access to power.
remedy available to any person whose right
4. Unitary and a. Unitary: central gov’t
to life, liberty and security is violated or
Federal controls the national &
threatened with violation by an unlawful act
local
or omission of a public official or employee,
b. Federal: gov’t divided
or of a private individual or entity.
into 2: national affairs
and local affairs.
2. Writ of Habeas Corpus (you may have the body)
5. Parliamentary a. Parliamentary: state
 Is an order issued by a court, directed to a
and Presidential confers power to
person detaining another, commanding him
legislature the office of
to produce the body of the prisoner at a
real executives.
designated time and place, and to show
b. Presidential: State makes
some sufficient cause for holding in custody
executive, legislative &
the individual so detained (De Leon 2002:
judicial separate
112).
 Miranda Rights
Military  established and
controlled by military
3. Writ of Mandamus (we command)
authorities over a
 An order issued by superior court
beleaguered state.
commanding a lower court or a corporation,
Revolutionary  the state is obtained by
board, or person to perform a certain act its
means of force.
or his duty to do.
De Jure  founded on existing  Mandamus is an affirmative remedy
legal and constitutional ordering a certain act to be done.
basis.
De Facto  not founded on 4. Writ of Certiorari (to be certified)
constitutional law but by  A writ issued by Supreme Court, Court of
means of: (1) revolution, Appeals, or Regional Trial Court requiring a
 lower court or a board, or officer exercising
judicial functions to transmit the records of
a case to the superior court for purposes of Power:
review.
Issued because of:
(1) Lack of jurisdiction
(2) Error of law

5. Writ of Prohibition
 A writ which a superior court commands a
lower court or a corporation, board or
person acting without or in excess of its or
his jurisdiction, or with grave abuse of
discretion, to desist from further
proceeding in action or matter.
Not available to:
(1) Legislative and administrative body
(2) Private individuals or corporation

6. Writ of Quo-Warranto (by what authority)

 Is an action by the government to recover
an office or franchise from an individual or
corporation usurping or unlawfully holding
it.

The Three Branches of the Government

Members:

Qualification: