State and Government 2016 Eng and Science

8/17/2019 State and Government 2016 Eng and Science

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STATE AND GOVERNMENT


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THE CONCEPT OF STATE

A community of persons more or less numerous,permanently occupying a

definite portion of territory,having a government oftheir own to which the

great body of inhabitantsrender obedience, andenjoying freedom from

external control.


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MODERN STATE SYSTEM

Developed in the Peace of Westphalia in 1648

Prior to it, the European medieval organizationof political authority was based on the

hierarchical religious order. The legal concept of sovereignty was introduced

… rulers or the legal sovereign had no internalequals within a defined territory and no external

superiors as the ultimate authority within theterritory’s sovereign borders

Westphalia gave rise to independent nationstate, the institutionalization of diplomacies andarmies


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INHERENT POWERS OF THE STATE

Police Power

Eminent Domain

Taxation


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People

This refers to the large numbers of inhabitants

living within the state.

It must be small enough to be ruled

And it must be big enough to be self-sufficient


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Territory This includes the land over which the state

exercises control

It also includes the rivers and lakes therein,certain areas of the sea which borders on itscoasts and the air space above them.

A mass of land where people can permanentlyreside


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Sovereignty

The supreme power of the state to command

and enforce obedience from its people as well asto have freedom from foreign control

*It could be manifested internally through itsfreedom to rule within its territory

*Externally through its freedom to carry out itsactivities without control by other states.


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FOUR KINDS OF SOVEREIGNTY

Legal

power to issue final commands /

Supreme law making powers Political

Power behind the legal sovereign

Electorate

Internal

External


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ORIGIN OF STATES

Divine Right Theory

State is a divine

creation and theruler is ordained by

God

Necessity of Force

Theory Imposition upon the

weak


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ORIGIN OF STATES

Paternalistic Theory Enlargement of the

family

Social ContractTheory

Deliberate and

voluntary compact


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STATE VS NATION

Political concept

Not subject to

external control May consist of one

or more nation or

peoples

Ethnic concept

May or may not be

independent fromexternal control

A single nation may

be made up ofseveral states


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STATE & GOVERNMENT

Usually regarded as identical The acts of the government are the acts of the

state.

The government is only THE AGENCY throughwhich the state expresses its will.

A state cannot exist without the government,but it is possible to have a government

without the state. Government may change but the state

remains the same.


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PURPOSE AND NECESSITY OF THE

GOVERNMENT Advancement of the

public welfare.

Consequence of absence


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FORMS OF GOVERNMENT

Number of Personsexercising sovereignpowers.

Monarchy – absolute

and limited

Aristocracy

Democracy – direct/pure &indirect/republican

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FORMS OF GOVERNMENT

As to extent of

powers exercised

by the central ornational

government

Unitary Federal


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FORMS OF GOVERNMENT

Relationshipbetween theexecutive and the

legislativebranches of thegovernment.

Presidential Parliamentary


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PRE – SPANISH GOVERNMENT

Unit of Government

BARANGAY – virtually a state

Confederations

Datu

Chief executive, judge and military head

Social Classes

Early Laws


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SPANISH COLONIZATION

Highly centralized

Union of the Church and State

1521 to 1821

Governed by the King of Spain through Mexico 1821 to 1898

Governed directly by Spain

Council of the Indies → Council of Ministers(1837) → Ministry of Ultramar

Philippines was represented in the SpanishCortes 3 times


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Barangay → towns (pueblos) → provinces

Cities governed under special charters werealso created . Each had an ayuntamiento or

cabildo (city council) – Cebu and Manila Governor – General

Executive, administrative, legislative and judicialpowers.

Captain General – Commander in Chief Vice – Royal Patrons – religious powers

Assisted by boards


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Royal Audencia – Supreme Court of thePhilippines Decision was final except on certain cases which

could be appealed to the King of Spain.

Territorial Audencias, 1893 (Cebu and Vigan) –

exercised appelate jurisdiction over criminalcases.

Court of the First Instance, 1886 (both civil andcriminal)

Special courts were also established – militaryand naval courts, ecclesiastical court, treasuryand commercial courts.


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Positive (De Leon)

Mild and humane

Unification of the Filipino people

Uplifted the Filipinos

Negative

Defective, inefficient, corrupt

Government for the interest of the Spaniards

Denial of the “equality before the law”


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KATIPUNAN GOVERNMENT

Secret society, organized by Andres Bonifaciosigned the covenant on July 7, 1892.

Goal: establish a free and sovereign Philippines

Central Government: Supreme Council

(Kataastaasang Sanggunian → ProvincialCouncil (Sangguniang Balangay) → PopularCouncil (Sangguniang Bayan)

Judicial Power – Judicial Council (SangguniangHukuman)

Was replaced by another government headedby Gen. Emilio Aguinaldo as President (TejerosConvention held on March 22, 1897)


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GOVERNMENTS DURING THE

REVOLUTIONARY ERA

Biak – na – Bato Republic (Nov. 1 – December 15,1897)

Was established by General Aguinaldo in Biak – na –

Bato Aim was the separation of the Philippines of the

Philippines from the Spanish monarchy and theformation of an independent state

Dictatorial Government (May 23 – June 12, 1898) Proclamation of the Philippine Independence at Kawit,

Cavite

Reorganization of local governments


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GOVERNMENTS DURING THE

REVOLUTIONARY ERA

Revolutionary Government (June 29, 1898)

Gen. Aguinaldo as President

“to struggle for the independence of thePhilippines, until all nations including Spain will

expressly recognize it”

“to prepare the country for the establishment of a

real Republic”


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FIRST PHILIPPINE REPUBLIC

(Jan. 23, 1899 – Mar. 23, 1901)

Malolos Congress ratified on Sept. 29, 1898 theproclamation of the Philippine Independence

Framed the Malolos Constitution (FirstDemocratic Constitution of Asia)

Was not recognized by the family of nations.

Shortlived following the defeat of theSpaniards against the Americans

Malolos Constitution had no opportunity to

operate.


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GOVERNMENT DURING THE AMERICAN

REGIME

Military Government

Began on August 14, 1898

Commander in Chief – executive, legislative and judiciary

1st American Military Governor: General Wesley

Merrit, Otis, MacArthur

Civil Government

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REGIME

Military Government

Began on August 14,1898

Commander in Chief – executive, legislativeand judiciary

1

st

American MilitaryGovernor: GeneralWesley Merrit, Otis,MacArthur


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REGIME

Civil Government

July 4, 1901

Civil Governor → Governor General President of the Philippine Commission –

sole law making body

1907 – 1916 Philippine Commission (upper

house), Philippine Assembly (lower house)

Philippines was represented by 2 Resident

Commissioners but without the right to vote.


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REGIME

Civil Government Taft → Wright → Frank Murphy

Commonwealth Government (1935)

Pursuant to the provisions of Tydings – McDuffieLaw which provided for a transition period of tenyears → July 4, 1946 proclamation ofindependence

1935 Constitution

Manuel L. Quezon and Sergio Osmena

Republican in form under the presidential type

During WW2 – it functioned in exile inWashington (1942 – 1944)


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GOVERNMENT DURING THE

JAPANESE OCCUPATION Japanese Military Administration

January 3, 1942

Philippine Executive Commission Composed of Filipinos with Jorge B. Vargas as

chairman

Exercised both the executive and legislative

powers subject to the approval of the

Commander – in – Chief of the Japanese

Forces

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PROVISIONAL GOVERNMENT OF

1986 Proclamation No. 1: “taking power in the

name and by the will of the Filipino people”

President Aquino swore to preserve anddefend the “fundamental law” and execute“just laws”


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1986 Revolutionary

It was instituted not in accordance with the procedureprovided

Direct action of the people

De jure / de facto

De jure – according to law

De facto – has the general support of the people

A de facto government acquires a de jure statuswhen it gains wide acceptance from the people

and recognition from the community of nations.


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1986 Not purely a revolutionary but a hybrid

constitutional revolutionary government.

Was governed by the ProvisionalConstitution (Proclamation No. 3)

Democratic – installed directly by the

people. Powers – unlimited
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