Concept of State and Government

Concept of Constitution
The Preamble
Amendments and Revision
The National Territory
Declaration of Principles and State Policies
A State is a community of persons, more or less
numerous permanently occupying a definite portion of
territory, having a government of their own to which
great body of inhabitants render obedience, and
enjoying freedom from external control.
People
Territory
Government
Sovereignty
Internal
External
Divine Right Theory
Necessity or Force Theory
Paternalistic Theory
Social Contract Theory
1. State is a political concept while a Nation is an ethnic
concept.
2. State is not subject to external Control, while a
Nation may or may not be subject or independent to
external control.
3. A single State may be composed of one or more
nations or peoples and conversely, while a nation
maybe composed of several state.

The government is only the agency through which the
will of the state is express. The former is the agent and
the latter is the principal.
A State cannot exist without the government but the
government can exist without a State.
A government may change its form, while a State, as
long as the four elements are present it remains the
same.
Advancement of Public Welfare
Consequence of Absence

As to number of persons exercising sovereign powers:
Monarchy
Absolute Monarchy
Limited Monarchy
Aristocracy
Democracy
Direct or Pure Democracy
Indirect, Representative or Republican Democracy

As to extent of powers exercised by the central or
national government:
Unitary Government
Federal Government
As to relationship between executive and legislative
branches of the government:
Parliamentary Government
Presidential Government
Constitution refers to that body of rules and
principles in accordance with which the powers of
sovereignty are regularly exercised.
Philippine Constitution maybe defined as that
written instrument by which the fundamental powers
of the government are established, limited and defined
and by which these powers are distributed among the
several departments or branches for their safe and
useful exercise for the benefit of the people.
Serves as a supreme or fundamental law.
Establishes basic framework and underlying principle.
Constitutional Law maybe defined as that branch of
public law which treats of constitution, their nature,
formation, amendment and interpretation.
As to their origin and history:
Conventional or Enacted
Cumulative or Evolved

As to their origin and history:
Written
Unwritten

As to manner of amending them:
Rigid or inelastic
Flexible or elastic
As to form:
Brief
Broad
Definite
As to content:
Constitution of Government
Constitution of Liberty
Constitution of Sovereignty

Constitution Statute
1. Direct from the people. 1. Through legislation of peoples
representative.
2. States the general framework of the
law and the government.
2. Provides the details of the subject of
which it treats
3. Intended not merely to meet existing
conditions but to govern the future.
3. Intended to meet existing conditions.
4. Supreme or fundamental law. 4. Conforms to the constitution.
As to their origin and history: As to their origin and history:
Section 1. Any amendment to, or revision of, this
Constitution may be proposed by

(1) The Congress, upon a vote of three-fourths of all its
Members; or

(2) A constitutional convention.

AMENDMENTS any alteration, made or proposed to be made or a
motion by adding, changing, substituting, or omitting a part of the
constitution.
REVISION changing the whole constitution.
Constitutional Convention - a meeting of delegates to adopt a new
constitution or revise an existing constitution.
Mechanism to respond in changing condition.
A safety valve against resort of revolution.
By Congress, as a constituent assembly, upon a vote of
of all its members voting separately.
By a Constitutional Convention called for the purpose.
Section 2. Amendments to this Constitution may likewise be directly
proposed by the people through initiative upon a petition of at least twelve
per centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be
authorized within five years following the ratification of this Constitution
nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this
right.
Initiative (also known as a popular or citizens' initiative) is a means by
which a petition signed by a certain minimum number of registered
voters can force a public vote (plebiscite).
Referendum (also known as a plebiscite or a vote on a ballot question) is
a direct vote in which an entire electorate is asked to either accept or
reject a particular proposal. This may result in the adoption of a new
constitution, a constitutional amendment, a law, the recall of an elected
official or simply a specific government policy. It is a form of direct
democracy.
Ratification - confirmation of an action which was not pre-approved and
may not have been authorized
Section 3. The Congress may, by a vote of two-thirds
of all its Members, call a constitutional convention,
or by a majority vote of all its Members, submit to
the electorate the question of calling such a
convention.
Section 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which
shall be held not earlier than sixty days nor later than ninety
days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which
shall be held not earlier than sixty days nor later than ninety
days after the certification by the Commission on Elections
of the sufficiency of the petition
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane
society and establish a Government that shall embody
our ideals and aspirations, promote common good,
conserve and develop our patrimony and to secure to
ourselves and our posterity the blessings of
independence and democracy under the rule of law and
regime of truth, justice, freedom, love, equality and
peace, do ordain promulgate this Constitution.
From the Latin word preambulare which means to
walk before
It is an introduction to the main subject and the
prologue of the Constitution.
It is in the form of collective prayer, it stresses out the
belief of the Filipinos to God.

Sets down the origin and purpose of the Constitution
It tells us who area the authors of the Constitution and
for whom it has been promulgated.
It states the general purposes which are intended to be
achieved by the Constitution and the government
established under it, and certain basic principles
underlying the fundamental charter.
May serve as an aid in its interpretation
1. To build a just and humane society.
2. To establish a Government that shall:
1. Embody our ideals and aspiration;
2. Promote the common good;
3. Conserve and develop our patrimony; and
4. Secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law
and regime of truth, justice, freedom, love, equality
and peace.
Sec. 1. The National Territory Comprises the Philippine
archipelago, with all the waters and island 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 and
connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal
waters of the Philippines.
Binding Force of such provision under International
Law.
Value of provision defining our national territory.
Acquisition of other territories.
1. The Philippine archipelago, with all the waters and
island therein.
2. All other territories over which the Philippines has
sovereignty or jurisdiction.
3. The terrestrial, fluvial and aerial domains, including
its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas thereof; and
4. The internal waters.
It is derived from the Greek word pelagos meaning
sea.
An island surrounded by water.
Archipelagic Doctrines.
1. Territorial Sea it is the part of the extending to 12 nautical
miles (19kms) from the lower watermark. It is also called
marginal sea, marginal belt or the marine belt.
2. Seabed refers to the land that holds the sea, lying beyond the
seashore, including mineral and natural resources.
3. Subsoil refers to everything beneath the surface soil and
seabed, including mineral and natural resources.
4. Insular Shelves they are the submerged portions of a continent
or offshore island, which slope gently seaward from the low
waterline point where a substantial break in grade occurs, at
which point the bottom slopes seaward at a considerable
increase in slope until the great ocean depths are reached.
5. Other Submarine Areas refers to all areas under the territorial
sea.

Inland or Internal Waters
Territorial Sea
High or Open Seas