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CONCEPT OF STATE
 AND GOVERNMENT
According to James Garner, the STATE
  is a community of persons more or
  less numerous occupying a definite
  portion of territory completely free
   of external control and possessing
 an organized government to which a
    great body of inhabitants render
          habitual obedience.
S TATE VS. NATION
FOUR ESSENTIAL ELEMENTS OF STATE :
           1. People

           2. Territory

           3. Sovereignty

           4. Government
People refer to the inhabitants
   of the state. There is no strict
 requirement on their number, but
 they must be of sufficient number
        to be self-sufficing.
Territory is a fixed portion on the
 surface of the earth inhabited by
      the people of the state.
Sovereignty is the supreme and
uncontrollable power inherent in a State.
2 KINDS OF SOVEREIGNTY
1. Legal- is the authority which has the power to issue final
     commands;

2.   2. Political – is the power behind the legal sovereign, or the sum
     total of the influences that operate it.
Government is the instrument that provides
   mechanisms in determining, formulating, and
  implementing the policies of the state. It is the
  essential instrument or machinery of the state
 that carries out its will, purposes and objectives.
TWO FUNCTIONS OF GOVERNMENT
 1. CONSTITUENT – Compulsory
            function
  2. MINISTRANT- Discretionary
            function
ADMINISTRATION
Refers to the
group of persons
in whose hands
the reins of the
government are
held for the time
being.
A.   According to the   F ORMS OF
     number of People   GOVERNMENT
     who rule
     1. MONARCHY
     2. OLIGARCHY
     3. DEMOCRACY
F ORMS     OF
GOVERNMENT


1. FEDERAL        B. According to
2. UNITARY        the relationship
                  between the
                  National & Local
F ORMS   OF GOVERNMENT
                C. According to the status of
                   those who hold the rein of
1. CIVIL           Government
2. MILITARY
F ORMS   OF
GOVERNMENT
D. According to the
      Relationship
      between the
       Executive &
        Legislature
1. PARLIAMENTARY
   2. PRESIDENTIAL
F ORMS   OF GOVERNMENT
          E. OTHER FORMS
          1. DESPOTIC
          2. TOTALITARIAN
          3. REPUBLICAN
          4. CONSTITUTIONAL
          5. DE JURE
          6. DE FACTO
          7. REVOLUTIONARY
LAW-MAKING,
                       EXECUTE, IMPLEMENT,
  FORMULATION OF
                            ENFORCE
     POLICIES                                INTERPRET LAWS,
                                                 JUSTICE
PRESIDENT, GOVERNOR,     MEMBERS OF THE
  MAYOR, PUNONG             HOUSE OF
    BARANGAY, SK         REPRESENTATIVES,    JUSTICES, JUDGES
      CHAIRMAN           SENATORS, BOARD
                            MEMBERS,
                           COUNCILORS
PRINCIPLES GOVERNING THE OPERATIONS
      OF GOVERNMENTAL POWERS
              (3 BRANCHES)
         1.SEPARATION OF POWERS
    2. SYSTEM OF CHECK AND BALANCE
          3.BLENDING OF POWERS
POLICE POWER is the
power of promoting the
general welfare by
restraining and regulating
the use of liberty and
property. Basis is the latin
maxim salus populi est
suprema lex (the general
welfare is the supreme law)
EMINENT
   DOMAIN
 enables the
    State to
    acquire
    private
property upon
 payment of
      just
compensation
   for some
   intended
  public use.
TAXATION it means the
      State is able to
    demand from the
   members of society
   their proportionate
  share or contribution
   in the maintenance
   of the government.
INHERENT IN THE STATE
SIMILARITIES OF THE           3
             FUNDAMENTAL POWERS
   NOT ONLY NECESSARY BUT INDISPENSABLE
   METHODS TO INTERFERE PRIVATE RIGHTS
   PRESUPPOSES AN EQUIVALENT
    COMPENSATION
   EXERCISED BY LEGISLATURE
National Government


                     Highly Urbanized,
   Province       Chartered, Independent
                            City
Component City

 Municipality

   Barangay              Barangay
National Government

                         REGION

Congressional District            Congressional District



  Province                      Highly Urbanized,
                             Chartered, Independent
                                       City
Component City

   Municipality

     Barangay                           Barangay
1 President of the Republic of the Philippines

   229 Congressional/Legislative Districts

                 17 Regions

              81 Provinces
     33 Highly Urbanized Cities
      5 Independent Component Cities

    84 Component Cities
   1,494 Municipalities
    42,000 Barangays
IMPACT OF LOCAL
   DECENTRALIZATION ON THE
ECONOMIC GROWTH OF NORTHERN
         MINDANAO
Comparative Philippine and China Central and Local
             Government Share in Revenue and Expenditure

                           The Philippines                                              China
                       (2007; in Million Pesos)                                   (2004 ; 100M Yuan)
                         Central*                     Local**                     Central                     Local
Revenue                          1,096,875                      234,760                     14,503                   11,893


% to Total                     82.37%                      17.63%                    54.90%                    45.10%
Expenditure                      1,029,377                      194,736                      7,894                   20,592


% to Total                     84.09%                      15.91%                    27.70%                    72.30%

                        Net of IRA of P146,591.95 million
                        **Inclusive of IRA of P146,591.95 million
                        Sources: Philippine Commission on Audit 2007 Financial Reports; National Bureau of Statistics of China
Philippine Central and Local Government
Revenue Breakdown (in percent)
                                    Central                      Local
Total Revenue                         82.37%                       17.63%
Tax Revenue*                          93.08%                        6.92%


General Income
  Permits and
Licenses                                 77.03%                         22.97%
  Service Income                         94.24%                          5.76%
  Business Income                        68.65%                         31.35%
  Other Income                           94.65%                          5.35%
Gain on Forex                           100.00%                          0.00%

        *Central-Net of IRA
        Source: Philippine Commission on Audit 2007 Financial Reports
General Functions of Local Governments
                   The Philippines

 Run the Health and Social Welfare Systems
 Provide Agricultural and Fishery Support
 Solid Waste Management
 Local Business Development
 Small Infrastructure Construction and
 Development
 Tourism Development
 Social Forestry / Mining


    Sources: Country Report-United Nations Economic and Social Commission
    for Asia and the Pacific; Philippine Local Government Code
Local Government Revenue Sources
                                      The Philippines
Local Taxes such as:
 Business Tax
 Real Property Tax
 Transfer Tax
 Franchise Tax
 Printing and Publication Tax
 Amusement Tax
 Community Tax
Share in National Taxes
 Internal revenue Allotment (IRA) representing 40% of internal revenue
collections based on the third preceding year (Regional distribution is as follows:
Provinces 23%; Cities 23%; Municipalities 34%; and Barangays 20%
Non-Tax Revenue
 Share in national wealth exploitation in their area
 Share in the earnings of government agencies or government-owned or
controlled corporations engaged in the utilization and development of national
wealth in their area based on the following: 1% of the gross sales or receipts of
the preceding calendar year or 40% of mining taxes, royalties, forestry or fishery
charges and such other taxes, fees or charges including related surcharges,
interests, or fines, whichever is higher Country Reports China and the Philippines-United Nations
                                   Sources:
                                       Economic and Social Commission for Asia and the Pacific
United States : Sources of State Revenue

Source                                       Percentage (US
                                             Average)

General Sales Tax                                   23.5%
Selective Sales Tax                                 10.9%
Property Taxes                                      30.1%
License and Other                                    8.2%
Fees
Corporate Income                                     4.7%
TaxesTax Foundation Report : stateline.org
 Source:

Individual Income                                   22.6%
Taxes
LGU Income Generation
• Region X - Northern Mindanao Php Millions

• Total     Province Cities   Towns

• 9,236     2,462   3,691          3,082   2006

• 11,072    2,913    4,570         3,588 2007

• 20% Growth Mostly due to IRA
• IRA Dependency in 2006 = 82.6%
• IRA Dependency in 2007 = 90.9%
Philippine LGU Total Income vs Central Govt. Expenditure per Region
 Local Government            Total*      Central       Central
  P000                           Income                  Government                Government
                                                        Expenditure                Expenditure
                                                                                   % to LG Total
                                                                                      Income
 Grand Total                234,642,572.58            762,534,007.59                           324.98%
 National Capital Region     46,778,401.48            560,070,716.35                          1197.28%
 Region 1                    11,410,059.53             14,371,248.27                           125.95%
 CAR                          6,223,710.33              7,499,513.73                           120.50%
 Region 2                    9,160,569.36              10,132,758.94                           110.61%
 Region 3                   20,888,920.59              21,590,013.29                           103.36%
 Region 4                   35,866,590.31              27,646,932.60                            77.08%
 Region 5                   10,993,973.34              15,101,341.54                           137.36%
 Region 6                   16,679,840.96              18,419,954.59                           110.43%
 Region 7                   15,555,455.12              14,027,680.75                            90.18%
 Region 8                     8,687,321.73             98,317,599.17                          1131.74%
 Region 9                     7,781,531.08              9,821,773.23                           126.22%


 Region 10                 11,300,406.23           11,512,490.21                           101.88%
 Region 11                  10,170,596.06              10,980,183.03                           107.96%
 Region 12                    8,285,249.49              8,623,777.18                           104.09%
 Region 13                    7,545,245.07              7,146,537.05                            94.72%
 ARMM                         7,354,701.68of IRA
                                 *Inclusive             8,753,883.18                           119.02%
                                 Source: Figures are from the Philippine Commission on Audit 2007
                                 Financial Reports
If A Federal State…
• And with a Tax Effort of Efficiency of just 15%..

• Total Region 10 Government Revenues would
  amount to P58 Billion…

• 200% higher than what it is today
GROSS NORTHERN MINDANAO
        DOMESTIC PRODUCT
• Current Prices, in Millions of Pesos
• 2000          2003          2006       2010
•
• 124,524      197,101       277,269     389,624
Top Manufacturing Outfits in Northern
            Mindanao
•   Asia Brewery,
•   CATIMCO,
•   Coca-Cola,
•   Del Monte Phils.,
•   LKKS Manufacturing,
•   Nestle Phils.,
•   Phil Agro,
•   PICMW, Pilipinas
•   Kao,
•   RI Chemicals,
•   Mindanao Silicon,
•   STEAG State Power Inc
•   Elegant Chemical Alloy
AVERAGE FAMILY INCOME IN
          NORTHERN MINDANAO
• IN YEAR 2000 CONSTANT PRICES

• 2006           2009

• 102,000          98,000




• Poverty rate of Population in 2006: 43%
PHILIPPINES
•   INCOME BRACKET     2001 (%)      2010 (%)
•   Class AB            2               2
•   Class C            18              12
•   Class D            56              64
•   Class E            24              23

• Despite the best years of GDP growth!
VIETNAM
• INCOME BRACKET    1999 (%)   2010 (%)

• Class AB         7           21

• Class CD         31          55

• Class EF         62          24
Results of PINATULO OR SUPERIORITY PRINCIPLE




“WHAT DOES GDP HAVE TO DO WITH ME?”
GDP INDICATORS

COMPUTING PROGRESS FROM
 CORPORATE ACCOUNTS
A change of crew
& a direction.




                   WANTED!
Change.



From superiority
to subsidiarity.
From pinatulo to
pinatubo.
GDP = NATIONAL INCOME in the
              Philippines
                     Pinatubo
Pinatulo                    • Environment, households,
                              Man-made assets =
• Land, labor , capital =     community income
  enterprise
                            • Community++ = towns /
• Enterprise ++     =         cities
  industry
                            • Towns/ / Cities = Regions
• Industry++ =     sector
                              & Provinces

• Sector++ = National
  Economy                   • Regions ++ = National
                              Economy
Restoring

Filipino dignity.
A STATE EXISTS SO THAT A NATION’S CHILDREN
MAY GROW UP WITH DIGNITY




Subsidiarity starts with the Individual
Trickle Down System
• Or PINATULO has been around with us since the
  colonial period…

• Independence merely Filipinized it but it is still Trickle
  Down or the Superiority Model…

• Only substantial change is the shift towards Pinatubo
  or Subsidiarity

• It is the SYSTEM that is incompetent, not the Filipino

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Concept of State and Government: Key Elements, Forms, and Functions

  • 1. CONCEPT OF STATE AND GOVERNMENT
  • 2. According to James Garner, the STATE is a community of persons more or less numerous occupying a definite portion of territory completely free of external control and possessing an organized government to which a great body of inhabitants render habitual obedience.
  • 3. S TATE VS. NATION
  • 4. FOUR ESSENTIAL ELEMENTS OF STATE : 1. People 2. Territory 3. Sovereignty 4. Government
  • 5. People refer to the inhabitants of the state. There is no strict requirement on their number, but they must be of sufficient number to be self-sufficing.
  • 6. Territory is a fixed portion on the surface of the earth inhabited by the people of the state.
  • 7. Sovereignty is the supreme and uncontrollable power inherent in a State.
  • 8. 2 KINDS OF SOVEREIGNTY 1. Legal- is the authority which has the power to issue final commands; 2. 2. Political – is the power behind the legal sovereign, or the sum total of the influences that operate it.
  • 9. Government is the instrument that provides mechanisms in determining, formulating, and implementing the policies of the state. It is the essential instrument or machinery of the state that carries out its will, purposes and objectives.
  • 10. TWO FUNCTIONS OF GOVERNMENT 1. CONSTITUENT – Compulsory function 2. MINISTRANT- Discretionary function
  • 11. ADMINISTRATION Refers to the group of persons in whose hands the reins of the government are held for the time being.
  • 12. A. According to the F ORMS OF number of People GOVERNMENT who rule 1. MONARCHY 2. OLIGARCHY 3. DEMOCRACY
  • 13.
  • 14. F ORMS OF GOVERNMENT 1. FEDERAL B. According to 2. UNITARY the relationship between the National & Local
  • 15.
  • 16.
  • 17.
  • 18. F ORMS OF GOVERNMENT C. According to the status of those who hold the rein of 1. CIVIL Government 2. MILITARY
  • 19. F ORMS OF GOVERNMENT D. According to the Relationship between the Executive & Legislature 1. PARLIAMENTARY 2. PRESIDENTIAL
  • 20.
  • 21.
  • 22. F ORMS OF GOVERNMENT E. OTHER FORMS 1. DESPOTIC 2. TOTALITARIAN 3. REPUBLICAN 4. CONSTITUTIONAL 5. DE JURE 6. DE FACTO 7. REVOLUTIONARY
  • 23. LAW-MAKING, EXECUTE, IMPLEMENT, FORMULATION OF ENFORCE POLICIES INTERPRET LAWS, JUSTICE PRESIDENT, GOVERNOR, MEMBERS OF THE MAYOR, PUNONG HOUSE OF BARANGAY, SK REPRESENTATIVES, JUSTICES, JUDGES CHAIRMAN SENATORS, BOARD MEMBERS, COUNCILORS
  • 24.
  • 25. PRINCIPLES GOVERNING THE OPERATIONS OF GOVERNMENTAL POWERS (3 BRANCHES) 1.SEPARATION OF POWERS 2. SYSTEM OF CHECK AND BALANCE 3.BLENDING OF POWERS
  • 26.
  • 27. POLICE POWER is the power of promoting the general welfare by restraining and regulating the use of liberty and property. Basis is the latin maxim salus populi est suprema lex (the general welfare is the supreme law)
  • 28. EMINENT DOMAIN enables the State to acquire private property upon payment of just compensation for some intended public use.
  • 29. TAXATION it means the State is able to demand from the members of society their proportionate share or contribution in the maintenance of the government.
  • 31.
  • 32.
  • 33.
  • 34.
  • 35. SIMILARITIES OF THE 3 FUNDAMENTAL POWERS  NOT ONLY NECESSARY BUT INDISPENSABLE  METHODS TO INTERFERE PRIVATE RIGHTS  PRESUPPOSES AN EQUIVALENT COMPENSATION  EXERCISED BY LEGISLATURE
  • 36. National Government Highly Urbanized, Province Chartered, Independent City Component City Municipality Barangay Barangay
  • 37. National Government REGION Congressional District Congressional District Province Highly Urbanized, Chartered, Independent City Component City Municipality Barangay Barangay
  • 38. 1 President of the Republic of the Philippines 229 Congressional/Legislative Districts 17 Regions 81 Provinces 33 Highly Urbanized Cities 5 Independent Component Cities 84 Component Cities 1,494 Municipalities 42,000 Barangays
  • 39. IMPACT OF LOCAL DECENTRALIZATION ON THE ECONOMIC GROWTH OF NORTHERN MINDANAO
  • 40. Comparative Philippine and China Central and Local Government Share in Revenue and Expenditure The Philippines China (2007; in Million Pesos) (2004 ; 100M Yuan) Central* Local** Central Local Revenue 1,096,875 234,760 14,503 11,893 % to Total 82.37% 17.63% 54.90% 45.10% Expenditure 1,029,377 194,736 7,894 20,592 % to Total 84.09% 15.91% 27.70% 72.30% Net of IRA of P146,591.95 million **Inclusive of IRA of P146,591.95 million Sources: Philippine Commission on Audit 2007 Financial Reports; National Bureau of Statistics of China
  • 41. Philippine Central and Local Government Revenue Breakdown (in percent) Central Local Total Revenue 82.37% 17.63% Tax Revenue* 93.08% 6.92% General Income Permits and Licenses 77.03% 22.97% Service Income 94.24% 5.76% Business Income 68.65% 31.35% Other Income 94.65% 5.35% Gain on Forex 100.00% 0.00% *Central-Net of IRA Source: Philippine Commission on Audit 2007 Financial Reports
  • 42. General Functions of Local Governments The Philippines Run the Health and Social Welfare Systems Provide Agricultural and Fishery Support Solid Waste Management Local Business Development Small Infrastructure Construction and Development Tourism Development Social Forestry / Mining Sources: Country Report-United Nations Economic and Social Commission for Asia and the Pacific; Philippine Local Government Code
  • 43. Local Government Revenue Sources The Philippines Local Taxes such as: Business Tax Real Property Tax Transfer Tax Franchise Tax Printing and Publication Tax Amusement Tax Community Tax Share in National Taxes Internal revenue Allotment (IRA) representing 40% of internal revenue collections based on the third preceding year (Regional distribution is as follows: Provinces 23%; Cities 23%; Municipalities 34%; and Barangays 20% Non-Tax Revenue Share in national wealth exploitation in their area Share in the earnings of government agencies or government-owned or controlled corporations engaged in the utilization and development of national wealth in their area based on the following: 1% of the gross sales or receipts of the preceding calendar year or 40% of mining taxes, royalties, forestry or fishery charges and such other taxes, fees or charges including related surcharges, interests, or fines, whichever is higher Country Reports China and the Philippines-United Nations Sources: Economic and Social Commission for Asia and the Pacific
  • 44. United States : Sources of State Revenue Source Percentage (US Average) General Sales Tax 23.5% Selective Sales Tax 10.9% Property Taxes 30.1% License and Other 8.2% Fees Corporate Income 4.7% TaxesTax Foundation Report : stateline.org Source: Individual Income 22.6% Taxes
  • 45. LGU Income Generation • Region X - Northern Mindanao Php Millions • Total Province Cities Towns • 9,236 2,462 3,691 3,082 2006 • 11,072 2,913 4,570 3,588 2007 • 20% Growth Mostly due to IRA • IRA Dependency in 2006 = 82.6% • IRA Dependency in 2007 = 90.9%
  • 46. Philippine LGU Total Income vs Central Govt. Expenditure per Region Local Government Total* Central Central P000 Income Government Government Expenditure Expenditure % to LG Total Income Grand Total 234,642,572.58 762,534,007.59 324.98% National Capital Region 46,778,401.48 560,070,716.35 1197.28% Region 1 11,410,059.53 14,371,248.27 125.95% CAR 6,223,710.33 7,499,513.73 120.50% Region 2 9,160,569.36 10,132,758.94 110.61% Region 3 20,888,920.59 21,590,013.29 103.36% Region 4 35,866,590.31 27,646,932.60 77.08% Region 5 10,993,973.34 15,101,341.54 137.36% Region 6 16,679,840.96 18,419,954.59 110.43% Region 7 15,555,455.12 14,027,680.75 90.18% Region 8 8,687,321.73 98,317,599.17 1131.74% Region 9 7,781,531.08 9,821,773.23 126.22% Region 10 11,300,406.23 11,512,490.21 101.88% Region 11 10,170,596.06 10,980,183.03 107.96% Region 12 8,285,249.49 8,623,777.18 104.09% Region 13 7,545,245.07 7,146,537.05 94.72% ARMM 7,354,701.68of IRA *Inclusive 8,753,883.18 119.02% Source: Figures are from the Philippine Commission on Audit 2007 Financial Reports
  • 47. If A Federal State… • And with a Tax Effort of Efficiency of just 15%.. • Total Region 10 Government Revenues would amount to P58 Billion… • 200% higher than what it is today
  • 48.
  • 49. GROSS NORTHERN MINDANAO DOMESTIC PRODUCT • Current Prices, in Millions of Pesos • 2000 2003 2006 2010 • • 124,524 197,101 277,269 389,624
  • 50. Top Manufacturing Outfits in Northern Mindanao • Asia Brewery, • CATIMCO, • Coca-Cola, • Del Monte Phils., • LKKS Manufacturing, • Nestle Phils., • Phil Agro, • PICMW, Pilipinas • Kao, • RI Chemicals, • Mindanao Silicon, • STEAG State Power Inc • Elegant Chemical Alloy
  • 51. AVERAGE FAMILY INCOME IN NORTHERN MINDANAO • IN YEAR 2000 CONSTANT PRICES • 2006 2009 • 102,000 98,000 • Poverty rate of Population in 2006: 43%
  • 52. PHILIPPINES • INCOME BRACKET 2001 (%) 2010 (%) • Class AB 2 2 • Class C 18 12 • Class D 56 64 • Class E 24 23 • Despite the best years of GDP growth!
  • 53. VIETNAM • INCOME BRACKET 1999 (%) 2010 (%) • Class AB 7 21 • Class CD 31 55 • Class EF 62 24
  • 54. Results of PINATULO OR SUPERIORITY PRINCIPLE “WHAT DOES GDP HAVE TO DO WITH ME?”
  • 55. GDP INDICATORS COMPUTING PROGRESS FROM CORPORATE ACCOUNTS
  • 56. A change of crew & a direction. WANTED!
  • 58. GDP = NATIONAL INCOME in the Philippines Pinatubo Pinatulo • Environment, households, Man-made assets = • Land, labor , capital = community income enterprise • Community++ = towns / • Enterprise ++ = cities industry • Towns/ / Cities = Regions • Industry++ = sector & Provinces • Sector++ = National Economy • Regions ++ = National Economy
  • 60.
  • 61. A STATE EXISTS SO THAT A NATION’S CHILDREN MAY GROW UP WITH DIGNITY Subsidiarity starts with the Individual
  • 62. Trickle Down System • Or PINATULO has been around with us since the colonial period… • Independence merely Filipinized it but it is still Trickle Down or the Superiority Model… • Only substantial change is the shift towards Pinatubo or Subsidiarity • It is the SYSTEM that is incompetent, not the Filipino

Editor's Notes

  1. Based on analyzed data the budget for example of Dept. of Agri as a percent to the total budget is the same prior to and after devolution of agri services