Philippine As a State (copy)

STATE

-is a community of persons more or less numerous occupying a definite portion of territory, having a government of its own to which the great body of inhabitants render obedience and enjoying freedom from external control

NATION

-is a population having a common language and literature, a common tradition and history, common customs, and a common consciousness of rights and wrongs, inhabiting a territory of a geographic unity

ELEMENTS OF A STATE:

PEOPLE

This refers to the inhabitants of the state. As said, there would be no organization or even a state without its people.

TERRITORY

is a fixed portion on the surface of the earth inhabited by the people of the State. It includes terrestrial (land mass), fluvial (land beneath the external territorial waters), maritime (territorial waters) and aerial (air space above the terrestrial and maritime) domains within a fixed geographical limit

GOVERNMENT

is the instrument that provides the mechanisms in determining, formulating, and implementing the policies of the state.

SOVEREIGNTY

is the supreme power inherent in a state to control its domestic affairs without external interference. This is the most distinguishable element for a state. A state’s sovereignty refers to its authority over its internal boundaries that cannot be shared with any other state.

Constitution

-is primarily a set of rules and principles specifying how a country should be governed, how power is distributed and controlled, and what rights citizens possess. It is usually written down and contained within a single document

KINDS OF CONSTITUTION

1. As to Origin and History

• Conventional or Enacted- Created and granted by a monarch or ruling authority to its subjects.

• Cumulative or Evolved- Developed over time through customs, traditions, and legal precedents

2. As to Form

• Written- A formally documented constitution, created at a specific time by an official authority (e.g., Constitutional Convention).

• Unwritten- A constitution that evolves over time, based on customs, judicial decisions, and laws enacted at different periods.

3. As to Manner of Amendment

• Rigid or Inelastic- Difficult to amend / change; requires a special process distinct from ordinary legislation.

• Flexible or Elastic- Can be amended like ordinary laws without requiring a special process.

EVOLUTION OF THE PHILIPPINE CONSTITUTION

1. 1899 Malolos Constitution (1899-1901)

• First Philippine Constitution

• Established the First Philippine Republic

• Created a democratic government with a President and a legislature

2. 1935 Constitution (1935-1943, 1945-1973)

• Created under U.S. colonial rule

• Established the Commonwealth of the Philippines

• Served as the basis for the post-independence government

3. 1943 Constitution (1943-1945)

• Constitution under the Japanese occupation

• Established the Second Philippine Republic (puppet government)

• Abolished after World War II

4. 1973 Constitution (1973-1986)

• Introduced under Ferdinand Marco’s rule

• Shifted from a presidential to a parliamentary system

• Allowed Marcos to extend his rule under Martial Law

5. 1987 Constitution (1987 - present)

• Created after the People Power Revolution

• Restored democracy and presidential system

• Strengthened human rights and checks on government power

BRANCHES OF GOVERNMENT

1. Executive: The Law-Enforcing Body

• Responsible for executing and administering the country’s laws.

• Sets the direction of national policy.

• Executive power is vested in the President.

• Members: The President, The Vice President and the Cabinet

2. Legislative: The Law-Making Body

• Enacts laws, approves or rejects Presidential appointments, and has the power to declare war.

• Legislative power is vested in Congress.

• Bicameral system:

• Senate (Upper House)

• House of Representatives (Lower House)

3. Judicial: The Law-Interpreting Body

• Interprets laws, applies them to cases, and determines their constitutionality.

• Judicial power is vested in the Supreme Court and other lower courts.

• Settles actual controversies involving legally enforceable rights.

Checks and Balances in the Government

• Checks on the Executive Branch

1. Legislative Veto Power- Congress can override a presidential veto with a two-thirds vote in both the Senate and House of Representatives.

2. Impeachment -Congress can remove the President for high crimes, betrayal of public trust, graft and corruption, and other impeachable offenses (Article XI, 1987 Constitution).

3. Budgetary Control -Congress controls national spending; the President cannot use public funds without legislative approval (power of the purse).

4. Commission on Appointments -The Senate has the authority to confirm or reject presidential appointments to key positions (e.g., Cabinet members, ambassadors).

• Checks on the Legislative Branch

1. Presidential Veto - The President can reject laws passed by Congress, but Congress can override the veto with a two-thirds majority.

2. Judicial Review - The Supreme Court can declare laws unconstitutional (Section 1, Article VIII, 1987 Constitution).

3. Senate Approval of Treaties - Any international agreement made by the President must have two-thirds approval from the Senate (Article VII, Section 21).

Checks on the Judicial Branch

1. Impeachment -Congress can remove Supreme Court justices and other judicial officers for misconduct or abuse of power.

2. Budgetary Control - The Judiciary has fiscal autonomy, but its budget is still subject to legislative review and approval.

3. Executive Appointments -The President appoints Supreme Court justices based on Judicial and Bar Council (JBC) recommendations, ensuring executive oversight in judicial appointments.