Part I The State

• Merriam-Webster Dictionary, 2024


  State - A politically organized body of people usually occupying a definite territory.
• State


  It is the political organization of such a body of people;  a government or politically organized society having a particular character; the operations or concerns of the government of a country; one of the constituent units of a nation having a federal government;
• Webster's New Universal Unabridged Dictionary


  A state is a political entity that regulates society and the population within a territory. Government is considered to form the fundamental apparatus of contemporary states.
• State


  • A community of persons more or less numerous.
  • Permanently occupying a definite portion of territory.
  • Having a government of their own to which the great body of inhabitants render obedience; and
  • Enjoying freedom from external control.
• Divine Right Theory


  • It is the belief that God gave Kings the right to rule.
  • Holds that the state is of divine creation and the ruler is ordained by God to govern the people.
• Necessity or Force Theory


  • It maintains that states must have been created through force.
  • The will of some great warriors was the force imposed upon the weak (battle of the fittest).
• Paternalistic Theory


  • It holds that the government is a figurative father.
  • The government’s role and justification is by way of being a method of caring for and ensuring good conduct by the people within its area of jurisdiction.
  • It attributed the origin of states to the enlargement of the family which remained under the authority of the father and 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.
• Social Contact Theory


  • It asserts that the early states must have been formed by deliberate and voluntary compact among the people to form a society and organized government for their common good.
  • The agreement among individuals by which the society becomes organized and invested with the right to secure mutual protection and welfare; individuals waived their liberty or rights for protection.
  • John Locke (1632 -1704) developed the idea of social contract in the 1600s -  the idea of giving up some freedom to be a part of a group with rules.
• Essential Elements of the State


  1. People
  2. Territory
  3. Government
  4. Sovereignty
• People


  ___ or population is the first and most important element of a state.
• Importance of People


  • People are the citizens of the State.
  • Without people, all other elements of the State will be rendered useless – no people to occupy a territory, no people to govern and will be governed in a state, and no one will exercise sovereignty.
• Natural-born Citizens


  • They are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship (Sec. 2).
  • Those who elect Philippine citizenship in accordance with paragraph 3, Section 1 of Article IV (1987 Philippine Constitution) (Sec. 2).
• Acquiring or Losing Citizenship


  • Philippine citizenship may be lost or reacquired in the manner provided by law (Sec. 3)
  • Citizens who marry aliens retain their citizenship (unless by their act or omission they are deemed, under the law, to have renounced it) – (Sec. 4.)
  • Dual citizenship is inimical to the national interest and shall be dealt by law. (Sec. 5)
• Grounds for Acquiring Citizenship


  • Birth within a certain territory
  • Descent from a citizen parent
  • Marriage to a citizen by a woman (prevailing principle until World War I; woman’s nationality since 1920s is no longer affected by marriage due to the impact of woman suffrage and gender equality.
  • Naturalization (in accordance with law).
• Citizenship at the Time of Birth

  • JUS SOLI. Citizenship is acquired by birth within the territory of the state, regardless of parental citizenship -  citizenship by place of birth.
  • JUS SANGUINIS. A person, wherever born, is a citizen of the state if, at the time of his or her birth, his or her parent is one – citizenship by blood.  
  • US and British Commonwealth Nations adopts jus soli as their basic principle of citizenship, the rest follows jus sanguinis.
• Territory


  • It refers to the fixed portion of the surface of the earth land and water inhabited by the people of the state.
  • It includes not only the land over which the jurisdiction of the state extends, but also the rivers and lakes therein, a certain area of the sea, upon its coasts and the air space above it.
• The National Territory


  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, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines (Article I, 1987 Philippine Constitution).
• Government


  • It is an agency through which the will of the state is formulated, expressed and carried out.
  • It is the machinery of the state.
  • It serves as the regulator and instrumentality of the state for authorities that obeyed by its people.
  • It acts as the implementer of the state policies for the welfare of the people.
• Sovereignty


  Sovereignty is the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction; it means freedom from external control.
• Inherent Powers of the State


  The totality of the government power rests upon the three (3) great powers – police power, power of eminent domain, and power of taxation – these powers are inherent or essential to the government .
• How does the constitution regulate the exercise of inherent powers?

  By setting conditions for their exercise
• What is the basis for the necessity of inherent powers?

  Effective government requires inherent powers
• Why can inherent powers be exercised without express constitutional grant?

  They are inherent in sovereignty
• What role do inherent powers play in relation to private rights and property?

  They allow state interference in private rights
• What character do all inherent powers share?

  They are legislative in character
• What does the exercise of inherent powers presuppose regarding compensation?

  Equivalent compensation for affected individuals
• What are the key similarities of inherent powers?

  • Based on necessity for effective government
  • Inherent in sovereignty, not expressly granted
  • Allow state interference in private rights
  • Legislative in character
  • Presuppose equivalent compensation for affected individuals
• Police Power - The power of the State to enact such laws or regulations in relation to persons and property as may promote public morals, safety, and the general welfare and convenience of the people.
• Police Power


  It is the power of the state to enact laws and regulations in promoting the general welfare of the people and the common good in relation to the basic human rights of a person such as statutes and ordinances but these must be in line to the interest of the public and its purpose should not be oppressive on individuals.
• In Rubi vs. Provincial Board (39 Phil 660), generally police power is that inherent and plenary power in the State which enables it to prohibit all things hurtful to the comfort, safety and welfare of society.
• Police Power


  It is the inherent power of the state to regulate behavior and enforce order within its territory to ensure public welfare, health, safety, and morals.
• Basis of the Police Power of the State


  • Salus populi est suprema lex. The welfare of the people is the supreme law.
  • Sic utere tuo ut alienum non laedas. So use your own as not to injure another’s property.
  • Living in a civilized society demands that an individual must part with some rights and privileges for the common good.
• Legal Basis of the Police Power of the Local Government Units (LGUs)


  Article X, Section 5 of the 1987 Philippine Constitution grants LGUs with the authority to exercise police power. It provides that “each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy.”
• Nature and Scope of the Police Power of the Local Government Units (LGUs)


  When exercised by LGUs, POLICE POWER must be consistent with the local autonomy guaranteed by the Constitution and the limitations set by national law.
• Public Safety


  Ordinances concerning traffic regulations, fire safety measures, regulation of public utilities, prevention of crimes, etc.
• Public Health


  Regulations on sanitation, control of infectious diseases, garbage disposal, regulation of businesses affecting health (e.g., slaughterhouses, restaurants), quarantine measures.
• Public Morals


  Ordinances against gambling, prostitution, and establishments that promote vice.
• Public Convenience


  Regulations on transportation, market operations, and other services that affect the daily convenience of the residents.
• Environmental Protection


  Ordinances that control pollution, protect ecological balance, and regulate the use of natural resources.
• Requisites for the Valid Exercise of Police Power in Local Government Units (LGUs)


  1. Lawful Subject
  2. Lawful Means
  3. Territorial Application