Professional Documents
Culture Documents
State
Political concept
Cannot be
controlled by other
countries (external)
Consists of different
races
Elements of State:
1. People
2. Territory
3. Government
4. Sovereignty (internal and external)
Origin of States:
1. Divine right theory the state is of divine
creation and the ruler is ordained by God to
govern the people.
2. Necessity or force theory states must
have been created through force, by some
great warriors who imposed their will upon
the weak
3. Paternalistic theory - attributes the origin
of states to the enlargement of the family
which remained under the authority of the
father or mother. By natural stages, the
family grew into a clan, then developed into
a tribe which broadened into a nation, and
the nation became a state.
4. Social contract theory states must have
been formed by deliberate and voluntary
compact among the people to form a society
and organize government for their common
good. This theory justifies the right of the
people to revolt against a bad ruler.
Purpose and necessity of Government:
1. Advancement of Public Welfare benefit of
the people; protection of society
-Governor-general: chief
executive/commander-in-chief
-Royal Audiencia: Supreme court; checks the
gov-gen
-visitador: representative of the king/viceroy
of Mexico
-special courts: ecclesiastical courts, naval
court
-2 territorial audiencia: Cebu and Vigan
-residencia: trial of outgoing gov-gen and
other public officials
-bishops and clergy: for those who are close
to the king
Revolutionary Era
-Katipunan Govt (KKK): A. Bonifacio, a
secret society
-ranks/memberships:
1. Katipon associates; black; Anak ng
Bayan
2. Kawal soldier; green; GomBurZa
3. Bayani patriot; red; Rizal
-Supreme Council (Central Govt)
Kataastaasang Sanggunian
- Provincial Council (Provinces)
Sangguniang Balangay
-Popular Council (Towns) Sangguniang
Bayan
-Judicial Council Sangguniang Hukuman
-Biak-na-Bato Govt president: Gen.Emilio
Aguinaldo
-Magdalo: Aguinaldo; Magdiwang: Bonifacio
-constitution took effect for two years only,
up to December 15, 1897
-Peace Policy/Agreement
-amnesty
-Pact of Biak-na-Bato peace agreement bet.
Spanish govt and Biak-na-Bato govt
-Dictatorial Govt (temporary)
-Dictator Aguinaldo
-Achievements:
1. Philippine Independence June 12, 1898
2. Showing of Philippine flag
3. Playing of the National Anthem
-Revolutionary Govt
-Sublime paralytic: Apolinario Mabini
-President Aguinaldo
-established on June 29 1898
-Malolos Constitution: The first republic
govt of the Philippines
-September 15 1898
-First Philippine Republic
-Spanish(Filipino)-American War
The Philippines under the US regime
1. Military Government to establish peace
and order; first military general was Wesley
Merritt
2. Civil Govt first civil general: William
Howard Taft (Pres of the US)
3. Commonwealth Govt transition for the
Philippine Independence, 10 years; Pres.
Manuel L. Quezon, VP Sergio Osmea; was
cut because of the Japanese Period
Governments during the Japanese
occupation
1. Japanese Military Administration
2. Philippine Executive Committee civil
govt
- was composed of Filipinos
- Puppet government
- Jose (Jorge) B. Vargas: chairman
3. Second Republic of the Philippines
(Japanese-sponsored) Pres. Jose P. Laurel
After Japanese Occupation
-Third Republic of the Philippines: Pres.
Manuel Roxas
- July 4 1946
-1935 Constitution
-Fourth Republic of the Philippines: Pres.
Ferdinand E. Marcos
-1973 Constitution
-started during 1981-1986
-The Provisional Govt of 1986 (5th Republic of
the Phil)
-Pres. Corazon C. Aquino
-1987 Constitution
-Characteristics
a. revolutionary it was not instituted not
in accordance with the procedure provided in
an existing constitution
b. de jure / de facto de jure is founded in
accordance with the existing constitution, de
facto has the general support of the people
and effective control of the territory
c. constitutional and transitory hybrid
constitution
d. democratic pure democracy
e. powers coming from the people
f. provisional constitution
Constitution
- the body of rules and principles in
accordance with the powers of sovereignty
are regularly exercised
-Nature/Purpose:
1. It serves as the supreme of fundamental
law
2. Establishes basic framework and
underlining principles of government
-Kinds of Constitution:
1. As to their origin/history
a. Conventional/Enacted: enacted by
a constituent assembly on granted by a
monarch to his subjects
b. Cummulative/Evolved: product of
growth of long period of development
originating from customs, traditions, judicial
decision
2. As to their form
a. Written
b. Unwritten pre-colonial
3. As to manner of amending them
a. Rigid/Inelastic you cannot simply
be amended o altered or changed except by
some special machinery; cannot easily
approve; mahirap palitan at mahirap
aprubahan
b. Flexible/Elastic possesses no
higher legal activity than ordinary laws; can
easily be changed or altered; madaling
palitan madaling aprubahan
-Advantages and disadvantages of Written
Constitution
Advantage: clearness and definiteness
Disadvantages: difficulty of its
ammendments
-Law: bill law in the process
quorum number of people in order
to have an assembly that could create
another law
-Requisites of a Good written constitution
1. As to form: brief (description), broad
(scope), definite (exact/closeness of
definition)
2. As to content:
a. constitution of govt: framework of
govt and its powers
b. constitution of liberty: fundamental
rights
c. constitution of sovereignty: pointing
out the mode or procedure for amending or
revising the constitution
Interpretations of Constitution
-Is it for everyone? Specific person?
Authority?