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STATE

is a self-governing political entity. The term State can be used interchangeably with country.

NATION is a tightly-knit group of people which share a common culture. A nation-state is a nation which has the same borders as a State. CONSTITUTION The fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers. STATUTE An act of a legislature that declares, proscribes, or commands something; a specific law, expressed in writing. TREATY A compact made between two or more independent nations with a view to the public Welfare.

INTERNATIONAL LAW The body of law that governs the legal relations between or among states or nations. MUNICIPAL LAW In its narrower and more common sense, pertaining to a local governmental unit, commonly a city or town. In its broader sense, pertaining to the public or governmental affairs of a state, nation, or of a people. Relating to a state or nation, particularly when considered as an entity independent of other states or nations. THEORIES OF ORIGIN OF STATE DIVINE RIGHT God created the state, and that He gave certain people the "divine right" to govern these lands. FORCE THEORY One person or group forced all people within an area to obey their rule. It happens through war, where the strong dominated the weak. PATERNALISTIC A policy or practice of treating or governing people in a fatherly manner, especially by providing for their needs without giving them rights or responsibilities. SOCIAL CONTRACT The state is essentially a contract between the leader and the people.

ELEMENTS OF THE STATE PEOPLE As an element of state requires the presence of both sexes for the purpose of procreation; it must be sufficient for self-governance; and capable of defending themselves in oreder to maintain its permanent existence under the principle of state continuity. TERRITORY Is the attribute of the state. It is an area of the earth surface which is the subject of sovereign rights and interests. It is the definite portion of the earth surface, in which the state exercise jurisdiction, subject to the limitations imposed by international law. Territory includes the land over which its jurisdiction extends, including the rivers, lakes, bays and the space above it. The domain of the state may be described as terrestrial, fluvial or maritime and aerial. MODES OF ACQUISITION DISCOVERY This is the oldest mode of acquiring territory. To be valid and effective, the discovery must be accompanied by occupation, management and administration of the land so discovered. PRESCRIPTION The continued and uninterrupted occupation of the territory for a long period of time by one state

CONQUEST Is the acquisition of a territory by the use of force, which reduces the territory to the submission of the conquering state. This mode of acquiring a piece of territory is violative of the United Nations Charter as it involves the use of force, hence illegal. CESSION It is a bilateral agreement whereby one state transfers over another state a definite portion of its territory. COMPOSITION Territorial limits of countries further states that the baselines from which the territorial sea of the archipelago is to be determined consist of the straight lines connection the outermost portions of the islands. Waters within the baselines are Philippine internal waters and waters outside the baselines but within the extent of the international treaty limits, comprise the countrys territorial sea. This doctrine means, therefore, that our country, with its thousands of islands and many seas, should be considered as a political unit for reasons of history, law, geography, economics, and security. Also, when questions involving territorial conflicts arise, the Philippines has this doctrine to support its claims.

ARTICLE 1: ARCHIPELAGIC DOCTRINE 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, the connecting the islands of the archipelago, regardless of their breadth and dimensions, from part of the internal waters of the Philippines. EXTRATERRITORIALITY The operation of laws upon persons existing beyond the limits of the enacting state or nation but who are still amenable to its laws. Jurisdiction exercised by a nation in other countries by treaty, or by its own ministers or consuls in foreign lands. GOVERNMENT The word government is derived from the Latin word gubernaculum, meaning a rudder, and gubernere, which steers up the ship of the states. It is the collective name, which makes the government an agency, or instrumentality through which the will of the state is formulated, expressed and realized. Government has the principal compulsory function of protecting society and the people, of ensuring the security persons property, administration of justice, the defense and preservation of the state and the promotion of physical, social, economic, cultural, intellectual well being of the people.

CLASSIFICATION OF GOVERNMENT MONARCHIAL a form of government in which supreme authority is vested in a single and usually hereditary figure, such as a king, and whose powers can vary from those of an absolute despot to those of a figurehead.

A.Absolute Monarchy one in which the ruler governs by Divine right B. Limited Monarchy one in which the ruler rules in accordance with the constitution. ARISTOCRATIC is a form of government in which the best qualified citizens rule. DEMOCRATIC is a form of government in which all citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal (and more or less direct) participation in the proposal, development and passage of legislation into law. It can also encompass social, economic and cultural conditions that enable the free and equal practice of political selfdetermination. A. DIRECT DEMOCRACY - is a form of government in which people collectively make decisions for themselves, rather than having their political affairs decided by representatives. Direct democracy is classically termed "pure democracy" B. INDIRECT DEMOCRACY - is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy anddirect democracy. UNITARY GOVERNMENT the central government commonly delegates authority to subnational units and channels policy decisions down to them for implementation.

FEDERAL GOVERNMENT is the common government of a federation. The structure of federal governments varies from institution to institution. Based on a broad definition of a basic federal political system, there are two or more levels of government that exist within an established territory and govern through common institutions with overlapping or shared powers as prescribed by a constitution. PRESIDENTIAL GOVERNMENT is a system of government where the executive branch exists and presides (hence the term) separate from the legislature, to which it is not accountable, and which cannot in normal circumstances dismiss it. PARLIAMENTARY is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive andlegislative branches are intertwined. CONSTITUTIONAL GOVERNMENT is any government whose authority and construction are defined by a constitution. The government need not be of a specific type, such as democratic, socialist, etc, but it does need to have parameters that are defined and relatively unchangeable. DE JURE GOVERNMENT

is commonly paired with de facto, which means "in fact." In the course of ordinary events, the term de jure is superfluous. For example, in everyday discourse, when one speaks of a

corporation or a government, the understood meaning is a de jure corporation or a de jure government.A de jure corporation is one that has completely fulfilled the statutory formalities imposed by state corporation law in order to be granted corporate existence. In comparison, a de facto corporation is one that has acted in Good Faith and would be an ordinary corporation but for failure to comply with some technical requirements.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.

DE FACTO GOVERNMENT

It is commonly used in contrast to de jure (which means "concerning the law") when referring to matters of law, governance, or technique (such as standards) that are found in the common experience as created or developed without or contrary to a regulation. When discussing a legal situation, de jure designates what the law says, while de facto designates action of what happens in practice. It is analogous and similar to the expressions "for all intents and purposes" or "in fact."

HISTORY OF THE PHILIPPINE GOVERNMENT

The constitution is the most important part in organizing a state. It contains not only the national territory, but more importantly, it states the set of rules and principles which serve as the fundamental law of the land.Among the guidelines which are set by the constitution are the matters of: form and duties of the government; the distribution of powers of the branches of the

government; and the basic rights of the citizens of the state.The Philippine Constitution has been rewritten seven times starting from the Biak-na-Bato Constitution to the 1987 Constitution. The political evolution and every significant event in the Philippine history resulted a change in the constitution.The first Philippine constitution is the Biyak-na-Bato Constitution that was enacted in 1897. It outlined the revolutionary objectives of independence from Spain.Two years later, the president decreed the creation of the Malolos Constitution. A new central government was set up with executive, legislative and judiciary branches. It governed the First Philippine Republic proclaimed in the Barasoain Church in the same year.Due to the turbulent times of the early governments, the first two constitution were not fully enforced. What is considered the first Philippine Constitution to be fully enforced was drafted by the virtue of the Tydings-McDuffie Law in 1934 during the Commonwealth Period. It was enforced from 1935 - 1943.During World War II, a short lived constitution (The 1943 Constitution) was sponsored by the Japanese invaders within their own program of Japanization.When the political independence was granted by the United States in 1946, the constitution was revised and was enforced from 1946 to 1973.Eventually considered inadequate against the changing needs of Filipinos, the 1935 Constitution was replaced with a new one ratified in 1973. The 1973 Constitution was approved for ratification two months after the imposition of the martial law on November 29, 1972.When Ferdinand E. Marcos was ousted in 1986, the new government led by Corazon C. Aquino promulgated what is now know as the Freedom Constitution. This 1987 Constitution restored the presidential form of government.To date, the 1987 Constitution still stands, although some sectors have started to lobby for change in certain provisions as well as the change of the whole constitution.

SOVEREIGNITY The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent. FUNDAMENTAL POWERS OF THE STATE POLICE POWER is the power of promoting the public welfare by restraining and regulating the use of both liberty and property of all the people. It is considered to be the most all-encompassing of the three powers. It may be exercised only by the government. The property taken in the exercise of this power is destroyed because it is noxious or intended for a noxious purpose. It lies primarily in the discretion of the legislature. Hence, the President, and administrative boards as well as the lawmaking bodies on all municipal levels, including the barangay may not exercise it without a valid delegation of legislative power. Municipal governments exercise this power by virtue of the general welfare clause of the Local Government Code of 1991. Even the courts cannot compel the exercise of this power through mandamus or any judicial process.

Requisites of a valid police measure:


A. Lawful Subject the activity or property sought to be regulated affects the public welfare. It

requires the primacy of the welfare of the many over the interests of the few.

B. Lawful Means the means employed must be reasonable and must conform to the

safeguards guaranteed by

POWER OF EMINENT DOMAIN Affects only property RIGHTS. It may be exercised by some private entities. The property forcibly taken under this power, upon payment of just compensation, is needed for conversion to public use or purpose. The taking of property in law may include:

-trespass without actual eviction of the owner; -material impairment of the value of the property; or - prevention of the ordinary uses for which the property was intended.

POWER OF TAXATION affects only property rights and may be exercised only by the government. The property taken under this power shall likewise be intended for a public use or purpose. It is used solely for the purpose of raising revenues, to protect the people and extend them benefits in the form of public projects and services (I hope so). Hence, it cannot be allowed to be

confiscatory, except if it is intended for destruction as an instrument of the police power.It must conform to the requirements of due process. Therefore, taxpayers are entitled to be notified of the assessment proceedings and to be heard therein on the correct valuation to be given the property. It is also subject to the general requirements of the equal protection clause that the rule of taxation shall be uniform and equitable. NATURE OF TAXATION In modern economies taxes are the most important source of governmental revenue. Taxes differ from other sources of revenue in that they are compulsory levies and are unrequited they are not paid in exchange for some specific thing, such as the sale of public property or the issue of public debt. While taxes are presumably collected for the sake of the welfare of taxpayers as a whole, the liability of the individual taxpayer is independent of any benefit received. There are important exceptions to this characterization. Payroll taxes are commonly levied on labor income in order to finance retirement benefits, medical payments, and other social security programs. Because there may be some link between taxes paid and benefits received, payroll taxes are sometimes called "contributions," as in the United States. Nevertheless, the payments are commonly compulsory and the link to benefits is usually quite weak.

RESEARCH PAPER IN POLITICS AND GOVERNANCE

Submitted by: Kristine G. Macabunga BSN 4F

Submitted to: Mr. Dominador M. Narag