1.
Nature of the State
There is no unanimity among
jurists as to which preceded
the other, the law or the
state. Some contend that
before the state was formed
there already existed laws
that regulated the conduct of
men in society. Others claim
that the state is prior to the
law, as the latter is only the
creation of the former.

2.
A state is a sovereign political
unity. It is an artificial group as
distinguished from a race,
people, or nation, which is a
natural group linked by
ethnological or racial bonds.
But the state is not the only
artificial association of human
beings—a trade union, or a
political party, for instance, is
also an artificial association of
men.

3.
A state is a group of people
occupying a definite
portion of territory, having
an established government,
and exercising sovereignty.
It has four essential
elements; People, Territory,
Government and
Sovereignty.

4.
Classes of States
1) A Unitary State is one which is
not divided into smaller political
units, each one being in itself more
or less sovereign. For example,
France is a unitary state.

5.
2) A Composite State is one which is
composed of a number of political units,
each unit enjoying some degree of
internal sovereignty but recognizing the
central organization as the seat of
ultimate sovereignty. The United States
is a good example of a composite state.
Classes of States

6.
Inherent Powers of the
State
1) Power of Eminent Domain
the power of the State to
take private properties for
public use upon payment of
just compensation to be
ascertained according to
law. The State must meet
the conditions for
limitations upon its
exercise.

7.
A.The existence
of public use,
B. Payment of just
compensation,
C. Observance of
due process of law
in the taking.

8.
2) Police Power is the
power of the State to
regulate freedom and
property rights and to
pass laws to protect
rights and to pass
laws to protect public
health, safety, and
welfare.
Inherent Powers of the
State

9.
3) Power of Taxation
the power of the
State to impose taxes
upon individuals,
property, and
property rights, to
support the operation
of the government.
Inherent Powers of the
State

10.
Sovereignty
The term sovereignty as an
attribute of a state is used in two
senses: from the point of view of
its external relations, and from the
point of view of its internal affairs.

11.
In the first sense, a state is
said to be sovereign if it is
not subject to any other
state, t.e., independent of
direct control by any other
state. In the second sense
a state is regarded as
sovereign if the great
majority of the people
constituting it recognize its
authority over them.

12.
The Concept of
Government
It emerges clearly from the
discussion that the most
important functions of the
state are, externally, the
protection of its integrity
against foreign aggression
and the conduct of its
affairs as a member of the
family of nations, and
internally, the
maintenance of order.

13.
Government
The aggregate of
institutions to which has
been entrusted the
realization of the
functions of the state; it
is the organ or agency
through which the state
acts; it speaks in the
name of the state.

14.
The word “government” is used sometimes
in the abstract sense, meaning the existing
political system (that is, the laws and
institutions of the body politic), and at
other times in the concrete sense meaning
the group of individuals by whom the affairs
of the state are for the time being
administered.”

15.
Types of Government
The classic
classification of
government by
Aristotle, the father of
political science, from
the standpoint of the
ratio of the ruling
class to the ruled, into
monarchy, aristocracy,
and democracy.

16.
A monarchy is the rule of
one. The entire
sovereignty of the state
is vested in the hands of
the single ruler. When the
ruler has unlimited
political powers the
government is called an
absolute monarchy; when
his powers are limited by
a constitution, it is called
a limited or
constitutional monarchy.

17.
An aristocracy exists
when the
governmental powers
are vested in a
selected few
individuals. The
minority constituting
the governing class
are usually members
of the highest social
caste—hence, the
term aristocracy.

18.
When sovereignty resides
in the people, the
government is said to be a
democracy. It is a pure
democracy when all the
members of the state
participate directly in its
government, As this is an
impossibility in a fair-sized
community, actual
participation in the
government is usually
delegated to a group.

19.
Another classification of
governments is that which is based
on the relation of the executive and
legislative branches of the
government. From this standpoint
governments are either
parliamentary, presidential, or
dictatorial.

20.
The parliamentary type
of government is one in
which the executive
(the prime minister) is
chosen by the majority
party in the legislature,
is responsible to that
party, and continues in
office as long as he
enjoys the confidence
of that party.

21.
In the presidential
form of government,
the executive (the
president) is not
chosen by the
legislature but elected
by the people has a
fixed tenure of office
and selects the
members of his cabinet
who are responsible to
him.

22.
In a dictatorship,
the executive
has
extraordinary
powers and
controls the
Legislative
Branch.

23.
The Separation of Powers of
the Government
(1) T he
le gislative
depar tment,
the function of
which is mainl y
the, making of
laws;

24.
(2) T he
executive
depar tment, the
duty of which is
to enfor ce the
laws;
The Separation of Powers of
the Government

25.
(3) T he
judicial
depar tment,
which
inter pr ets the
laws.
The Separation of Powers of
the Government

26.
Membership in a State
T h e m e m b e r s o f a
s t at e a r e c a l l e d i t s
c i t i z e n s . C i t i z e n s h i p
i nvo l ve s t h e i d e a o f
p e r s o n a l , p e r m a n e n t
m e m b e r s h i p i n a
s t at e . C i t i z e n s h i p
m a y b e a c q u i r e d b y :

27.
•birth when a person is a native-born
member of a state;
•by naturalization when a foreigner
declares allegiance to the country
where he resides in accordance with
its law;
•by marriage when a person’s
nationality follows the nationality of
his or her spouse in accordance with
the applicable law.

28.
Who are Citizens of the
Philippines?
The following are
citizens of the
Philippines:
Article IV, Sec. 1,
1987 Constitution

29.
1) Those who were citizens of the Philippines at the time
of the adoption of the Constitution,
(2) ‘Those whose fathers are citizens of the Philippines.
(3) Those born before January 17, 1973, of Filipino
mothers who elect Philippine citizenship upon reaching
the age of majority,
(4) Those who are naturalized in accordance with the law.

30.
What are the modes of
acquiring citizenship?
1) Means
of Birth
Jus Soli - by place of birth:
applied in US
Jus Sanguinis - by blood
relationship : applied in
the Philippines

31.
2) Means of
Naturalization
What are the modes of
acquiring citizenship?
Refers to the process by
which a foreigner acquires,
voluntarily or by operation
of law the citizenship of
another State.

32.
3) By Act of
Congress
What are the modes of
acquiring citizenship?
Members of Congress decide to
award Filipino citizenship to
certain persons.

33.
Naturalization is “the act or
proceeding by which an alien
becomes a citizen”.
Citizenship by naturalization is
not a right; it is merely a
privilege granted upon
compliance
with certain conditions.

34.
The following persons are
disqualified to become
naturalized citizens of the
Philippines:
(1) Persons opposed to
organized government
or affiliated with any
association or group of
persons who uphold and
teach doctrines
opposing all organized
government.

35.
(2) Persons defending or
teaching the necessity or
propriety of violence,
personal assault, or
assassination for the
success or predominance
of their ideas.
The following persons are
disqualified to become
naturalized citizens of the
Philippines:

36.
(3) Polygamists or
believers in the
practice of
polygamy.
The following persons are
disqualified to become
naturalized citizens of the
Philippines:

37.
(4) Persons
convicted of
crimes involving
moral turpitude.
The following persons are
disqualified to become
naturalized citizens of the
Philippines:

38.
(5) Persons
suffering from
mental alienation
or incurable
contagious
diseases.
The following persons are
disqualified to become
naturalized citizens of the
Philippines:

39.
(6) Persons, who,
during the period of
their residence in the
Philippines, have not
mingled with the
Filipinos, or who have
not evinced.
The following persons are
disqualified to become
naturalized citizens of the
Philippines:

40.
Loss of Citizenship
Philippine citizenship
may be lost in any of the
following ways or
events:

41.
(1)By naturalization in a
foreign country.
(2) By express renunciation
of citizenship.

42.
(3) By subscribing to an oath of
allegiance to support the
constitution or laws of a foreign
country upon attaining twenty-one
years of age or more: provided,
however, that a Filipino may not
divest himself of Philippine
citizenship in any manner while
the Republic of the Philippines is
at war with any country.

43.
(4) By rendering service to, or accepting a
commission in the armed forces of a
foreign country: provided, that the
rendering of service to, or the acceptance
of such commission in, the armed forces
of a foreign country and the taking of an
oath of allegiance incident thereto. With
the consent of the Republic of the
Philippines, shall not divest Filipino of his
Philippine citizenship if either of the
following circumstances is present.

44.
(5) By cancellation of the
certificate of naturalization.
(6) By having been declared by a
competent authority, a deserter of
the Philippine armed forces in
time of war, unless subsequently,
4 plenary pardons or amnesty has
been granted.

45.
(7) In the case of a
woman, upon her marriage
to a foreigner if, by virtue
of the laws in force in her
husband’s country, she
acquires his nationality.

46.
Reacquisition of
Citizenship
Philippine citizenship
which has been lost may
be reacquired in any of the
following ways:

47.
(1)by naturalization, provided that
the applicant possesses none
of the qualifications for
naturalization;
(2) by repatriation of deserters of
the Army, Navy of Air Corps;
(3) by a direct act of Congress;

48.
(4) by repatriation in the case of a
married woman who has lost her
citizenship upon marriage to a
foreigner; this may be effected,
upon the termination of the marital
status, by merely taking the oath
of allegiance to the Republic of the
Philippines and registration in the
proper Civil Registry.

49.
Obligation of Filipino Citizens
1. National
defense and
security
2. Taxation

50.
Rights of a Filipino Citizens
1.Civil and
political
rights
2. Right to vote

51.
3. Property and
investment
Rights
4. Practice of the
profession
Rights of a Filipino Citizens

52.
5. Right to
protection
Rights of a Filipino Citizens

53.
Republic Act RA 9225- Citizen
Retention Act of 2003
Dual Citizenship - the act of
having two citizenships by
virtue of the laws.

54.
R
Pauline Grace
Castillano
Farah Charmayne
Catalan
Maila Castquite
E
P
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S
Mary Ann Parian
Course Facilitator