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Political (Bernas)

The document outlines key principles of the Philippine state, including that: 1) Sovereignty resides with the people, and the state is both democratic and republican. 2) A state must have a permanent population, defined territory, government, and capacity to enter relations with other states. 3) The people constitute a community capable of self-governance through common laws and the state exercises power through its government.

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VICTORIA OMEGA JARAMILLA
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78 views2 pages

Political (Bernas)

The document outlines key principles of the Philippine state, including that: 1) Sovereignty resides with the people, and the state is both democratic and republican. 2) A state must have a permanent population, defined territory, government, and capacity to enter relations with other states. 3) The people constitute a community capable of self-governance through common laws and the state exercises power through its government.

Uploaded by

VICTORIA OMEGA JARAMILLA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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DECLARATION OF PRINCIPLES AND STATE POLICIES

SECTION 1: THE PHILIPPINES IS A DEMOCRATIC AND REPUBLICAN STATE. SOVEREIGNTY RESIDES IN THE
PEOPLE AND AUTHORITY EMANATES FROM THEM.

 PRINCIPLES: binding rules which must be observed in the conduct of the government
 POLICIES: guidelines for the orientation of the State
 They are not self-executing, the disregard of which can give rise to a cause of action in courts.
They do not embody judicially enforceable constitutional rights but guidelines for legislation.
 STATE: repository of legitimated authority over peoples and territories (International Law)
(Philippine writers) State is a community of persons more or less numerous, permanently
occupying a definite portion of territory, independent of external control, and possessing an
organized government to which the great body of inhabitants render habitual obedience.
 MONTEVIDEO CONVENTION OF 1933 – the state as a person of international law should possess
the following qualifications:
a) Permanent population
b) Defined territory
c) Government
d) Capacity to enter into relations with other states

RESTATEMENT (THIRD) ON THE FOREIGN RELATIONS LAW OF THE US

a) Sovereignty over its territory and general authority over its nationals
b) Status as legal person – capacity to own, to enter into contract, to acquire, to become
member of organizations, to pursue and be subject to legal remedies
c) Capacity to join with other states, as customary law or international agreement
 PEOPLE: community of persons sufficient in number and capable of maintaining the continued
existence of the community and held together by a common bond of law
 TERRITORY: a definite territory, consisting of land and waters and the air space above and the
submarine areas below them
An entity may satisfy the territorial requirement for statehood even if its boundaries have not
been finally settled, if one or more of its boundaries are disputed, or if some of its territory is
claimed by another state
(Restatement) An entity does not necessarily cease to be a state even if all its territory has been
occupied by a foreign power or if it has otherwise lost control of its territory temporarily.
 AUTO-LIMITATION (sovereignty): Any state may, by its consent, express or implied, submit to a
restriction of its sovereign rights. There may be a curtailment of what otherwise is a power
plenary in character.
 GOVERNMENT: that institution or aggregate of institutions by which an independent society
makes and carries out rules of action which are necessary to enable men to live in a social state,
or which are imposed upon the people forming that society by those who possess the power or
authority of prescribing them.
 GOVERNMENT vs ADMINISTRATION
 GOVERNMENT: the institution through which the State exercises power
 ADMINISTRATION: consists of set of people currently running the institution
 FUNCTIONS OF THE GOVERNMENT: a) CONSTITUENT/GOVERNMENTAL (compulsory); and b)
MINISTRANT/PROPRIETARY (optional) *Distinction becomes useful when the government
operates not through a government-owned corporation but through an unincorporated agency
 DE FACTO GOVERNMENT
o Gets possession and control of, or usurps, by force or by the voice of majority, the
rightful legal government and maintains itself against the will of the latter
o Established and maintained by military forces who invade and occupy a territory of the
enemy in the course of war, and which is dominated by a government of paramount
force
o Established as an independent government by the inhabitants of a country who rise in
insurrection against the parent state
 PRESIDENTIAL GOVERNMENT (interdependence by separation and coordination) – separation of
powers; this system is founded on the belief that, by establishing equilibrium among the three
power holders, harmony will result, power will not be concentrated, and thus tyranny will be
avoided
 PARLIAMENTARY (interdependence by integration)
o The members of the government or cabinet or the executive arm, are as a rule,
simultaneously members of the legislative
o The government or cabinet, consisting of the political leaders of the majority party or of
a coalition who are also members of the legislative, is in effect a committee of the
legislature;
o The government or cabinet has a pyramidal structure at the apex of which is the PM or
his equivalent
o The government or cabinet remains in power only for as long as it enjoys the support of
the majority of the legislature
o Government and legislature are possessed of control devices with which each can
demand of the other immediate political responsibility
 SOVEREIGNTY – capacity to conduct international relations
o It does not cease to be a state if it voluntarily turns over to another state control of its
foreign relations –protectorates or associated states
o It does not cease to be a state because it has agreed not to engage in certain
international activities or have delegated authority
o Section 1, Article II – sovereignty means the power to adapt or alter a constitution
 CONSTITUTIVE THEORY – recognition constitutes a state
 DECLARATORY THEORY – its being a state depends upon its possession of the required elements
and not upon recognition
 DEMOCRATIC STATE the supreme power resides in the body of the people to guarantee against
monarchy and oligarchy AND pure democracy

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