Professional Documents
Culture Documents
Lesson 4
Lesson 4
Concept of state
Divine Origin right of the state
Necessity or
theory – state is force theory –
of divine state is created Paternalistic theory –
creation and through force, state comes from the
expansion of family,
the ruler is by strong under the authority
ordained by god warriors who of the father. Family
grew into a clan, then
toSocialgovern the imposed their developed into tribe
contract theory
people. will
– states have been formed by upon
deliberate and the which broadened into
a nation, and a nation
weak.
voluntary compact among the people to form a became a state
society and organize government for their common
good
Elements of the state
Territory - refers to the territorial domains over which the state exercises
control or sovereignty which includes all the land, sea and airspace the state
exercises jurisdiction on. Includes the land, the rivers, the sea, and the air
space which the jurisdiction of the sate extends.
Government - is an agency to which the political ideology of the state is
expressed and carried out.
Sovereignty it is the power of the state to enforce the law over its people
within its jurisdiction and demand obedience from them.
ARTICLE I: National Territory
Art. 1, Section 1: 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
breadths and dimensions, form part of the internal waters of the
Philippines.
Components of Philippine Territory:
• Terrestrial = land
• Fluvial = internal waters
• Aerial domains = aerospace
• Submarine areas = external waters both surface and sub-aquatic
The territorial and political subdivisions (which shall enjoy a local autonomy)
of the Republic of the Philippines:
1. Provinces 3. Municipalities
2. Cities 4. Barangays
Autonomous Regions:
a. Muslim Mindanao b. The Cordilleras
The Philippine Archipelago as of 2014 Out of 7, I07 Islands & Islets, 17
Regions, 81 Provinces, 144 Cities: 38 Independent Cities, 106 Component
Cities, 1,490 Municipalities, & 42,028 Barangays/villages (Further to be
discussed in the Local Government)
Modes of acquiring territory
a. Discovery - is the oldest method of acquiring title to territory. However,
discovery alone would not suffice to establish legal title. It is necessary
that the discovered area must be physically occupied
b. Prescription means continued occupation over a long period of time by
one state of territory actually and originally belonging to another state.
c. Cessation is the transfer of territory usually by treaty from one state to
another. Concomitant of transfer of territory is the transfer of
sovereignty from the owner state to another state.
d. Conquest is acquiring territory using force. The practice before was after
conquest, the conqueror annexed the conquered territory to his state.
Thus, conquest first takes place followed by annexation. But with the
establishment of the United Nations, conquest is no longer acceptable in
the international community
e. Accretion it is the process where the land area of a state caused by the
operation of either the forces of nature, or artificially through human
labor, is increased.
Government
Forms of Government