Politics and Governance

1. S
AKLAN STATE UNIVERSITY
COLLEGE OF INDUSTRIAL TECHNOLOGY
TEACHER EDUCATION DEPARTMENT
Andagao, Kalibo, Aklan
SOC. SCI 4-
POLITICS AND GOVERNANCE WITH
PHILIPPINE CONSTITUTION

2. S
STATE
AND
GOVERNMENT

3. What is a State?
 State is a community of persons more or
less numerous permanently occupying a
definite portion of territory, independent of
external control and having an organize form
of government to which a great body of
inhabitants render habitual obedience. State
is a juridical or an artificial person composed
of basic elements, namely: people, territory,
government, and sovereignty.

4. Elements of the State
S People pertain to the masses or the public. In
the narrow sense “people” may refer only to the
electorate. In the broader sense, it includes the
entire population from the newly born infants
and the aged, including those who are
temporarily residing in the Philippines. There is
no definite criterion or standard set on the
number of people of nation to qualify for the
status of statehood. A population must be
numerous enough to support the nation
economically and to be able to defend it
militarily.

5. Elements of the State
S Territory on the other hand is a definite
portion of the earth where people reside.
Similarly no standard is set for a nation as
far as territory is concerned to qualify for
the statehood status.

6. Elements of the State
S Government is defined as an institution or
aggregate of institutions through which the
will of the state is expressed and carried out.
This is the machinery of the state necessary
to maintain its existence and carry on its
functions.

7. Elements of the State
S Sovereignty is another indispensable
element of the state which is its supreme
power. Sovereignty originated from a
Latin term supremus meaning supreme
or ultimate. Supremus is synonymous
with a French term soverainte.
Sovereignty is defined as the supreme
power of the state to command and
enforce obedience.

8. Four Categories of Sovereignty:
S Internal Sovereignty is an
exclusive power to run the state’s
domestic affairs, to promulgate laws
and implement them without
inference or intervention from other
countries.

9. Four Categories of Sovereignty:
 External Sovereignty is a
relationship of a state with other
members of international community.
Legal Sovereignty is the power of
the state to legislate or promulgate
laws.

10. Four Categories of Sovereignty:
S Political Sovereignty is the power
of the state and its people to carry
out relationship of the government
and the governed.

11. Four Categories of Sovereignty:
S Recognition is deemed to be fifth and
supplementary element of a state. It is a status
of being admitted and accepted in the family of
nations. Recognition may be done either
formally or by means of implied actions or
acquiescence. it may through official letter or by
sending or accepting diplomats from other state,
and the establishments of embassies. Despite
even without recognition, the state exists as long
as the four essential elements are present:
people, territory, government, sovereignty.

12. Theories on the Origin of the
State
S 1. Divine Right Theory. According to this theory,
God created the state. He anointed the ruler to rule
the people. Thus, the ruler’s mandate to rule
originated from God. This was the theory used by
monarchs during the olden times to justify their
absolute rule over the subjects.
S 2. Force Theory. This theory asserts that the state
emerged as a consequence of invasion, occupation,
force or coercion. Prior to the existence of the state,
there were those who were able to force others to
accept their leadership and imposed their will upon
the weak, which gave rise to state.

13. Theories on the Origin of the
State
S 3. Paternalistic Theory. This theory attributes to the
expansion of the family the origin of the state. As a
consequence of intermarriage of children, the family
grew into a clan, the clan into a tribe, and a tribe into a
nation. As the head of the family, the father governed as
the chief ruler of the institution.
S 4. Rousseau’s Social Contract Theory. This theory
asserts that the people deliberately surrendered their
individual rights to form a society and government for
their common good. In this agreement, people were to
surrender their individual rights and obey the
government in consideration of a just ruler. Nonetheless,
when the ruler becomes unjust and fails to rule for their
welfare, the people can cease obeying the government
and its ruler.

14. Theories on the Origin of the
State
S 5. Hobbe’s Social Contract. This theory claims that
the natural state of humans is constant war with each
other. Society, therefore, arose only by convention.
From self-interest, people make peace and security in
as much as they delegate total power to the state.
Once this happens, the decrees of the king are
absolute in all areas of life, including the family and
religion. Hobbe’s further asserted that rebellion
against the state break society’s basic contract and is
punishable by whatever penalty the ruler may exact in
order to protect his subjects from a return to the
original state of nature.

15. Theories on the Origin of the
State
S 6. Locke’s Social Contract. According to this
theory, the state was established to preserve the
natural rights of its citizens. Unlike Hobbes, Locke
believed that man in a state of nature is a happy and
tolerant one. The agreement between the people
and the ruler preserves the pre-existent natural
rights of the individual to life, liberty, and property
and that the enjoyment of private rights and the
pursuit of happiness leads to a civil society for the
common good. When the government fails in its task
of preserving these natural rights, the citizens have
the right to withdraw their support and even rise up
in arms against the government.

16. Theories on the Origin of the
State
S 7. Instinctive Theory. This theory claims that the state
originated from the natural tendencies of people to live
in an organized society. Political institutions came into
being as a consequence of people’s instinct to bind
themselves as social beings.
S 8. Economic Theory. Proponents of this theory
believed that the state came into being a consequence
of man’s numerous and diverse material needs and
wants. As man cannot satisfy his needs and wants by
himself alone, he had to interact and associate with his
fellow in society. This association and interaction
between and among men led to the creation of the
state.

17. Theories on the Origin of the
State
S 9. Historical or Evolutionary Theory. This
theory avers that the state results from a
gradual process or evolutionary growth that
had been part of the history of humanity.
Since the state is like a living organism, it
has the capacity to grow, wither, and
develop.

18. S
Three Inherent
Powers of the State
1. Police Power
2. Power of the Eminent Domain
3. Power to Tax

19. Police Power
S Police power should not be confused with the rights and
processes employed by military officers or agents in
enforcement of laws. Police power is the inherent power of
the state to make laws, policies, and ordinances for the
welfare of the people. It is intended to promote the well-being
of the people, their health, safety, economic stability, morality,
peace, harmony, and security. Police power hinges on a Latin
maxim, “salus populi est suprema lex” (The welfare of the
people is the supreme laws.) and “sic utere tuo ut alienum
non laedas” (So use your own that you do not harm to others.)
police power is usually misinterpreted as the power of the
police, a military or law enforcing authority. On the contrary,
police power is lodged in the law making body of the land.
However, in some instances, this power may also be
exercised by the executive branch of the national government
and the local executives as defined and limited by the law.

20. Power of the Eminent Domain
 Power of eminent domain is anchored upon the regalia
doctrine that all pieces of property belong to the state. As
in the exercise of police power, Power of eminent domain
is intended to uphold public welfare. It is the power of the
state to take private property for public use upon payment
of just compensation. This power of expropriation applies
to property owned by private individuals, group or groups.
As part of due process, property owner may question the
validity of the taking, ascertain that it is, indeed, for the
public use and the compensation is based upon the
market value of the property. Payment may be done by
depositing payment in the court and the actual taking
does not necessarily require physical possession of the
property. It commences upon deposit of just
compensation to the court.

21. Power to Tax
 Taxes are the lifeblood of a nation. Thus,
taxation is an indispensable power of a state.
Taxation is compulsory and proportional
contribution from person and property assessed.
It is imposed by the state for the support of its
activities and for the benefit of the public. Taxes
propel progress. No state can ever survive
without the taxing power because its existence
and sustenance depend so much on taxes and
revenues it raises. Infrastructures, technology,
business, commerce, social services and others
are financed and supported by funds generated
largely from taxation.

22. Forms of Government
 Government originated from Latin
word “gubernaculum”, meaning
rudder or paddle. Like its usage in
rowing boat, government gives
direction to the movement of the
state.

23. Forms of Government
S Government is an agency that expresses
the people’s will in a democratic state.
Like a paddle, government is an
instrument that guides movement of a
boat. Under the totalitarian regime, it is
the will of the ruler that prevails.

24. Two classifications of
Government:
S 1.) according to the number of rulers.
There could be one, few, or many, and
S 2.) whether it is good or bad. Out of
these two main classifications, we derived
six which can be recalled easily by
mnemonics, MADTOM: monarchy,
aristocracy, democracy, tyranny,
oligarchy, and mobocracy.

25. Forms of Government
 Monarchy originated from the word “mono”,
meaning one. It is hold by a monarch who holds
the throne by hereditary right and by divine right. A
king rules usually for life. In absolute monarchy, the
ruler wields absolute executive, legislative and
judicial powers. Limited or constitutional monarchy
on the other hand, is where the monarch shares
power with the people’s elected officials. He/she
governs in accordance with the law especially the
constitution. Monarchial kind of government was
exemplified by Great Britain, Sweden, and
Denmark in the past. Ideally, Plato considered this
as the best form.

26. Forms of Government
 Aristocracy originated from Latin term
“arête” meaning excellence. This is
synonymous to the government of the
chosen few. Aristocracy presupposes the
best of stock whether ascribed or
achieved. It is achieved, if one obtains his
status through hard work or qualities
developed. It is ascribed if one has
qualities passed on to him or as the result
of one’s birth or kinship with royal blood.

27. Forms of Government
S Democracy is derived from the Greek
word demos which means “people”,
and kratia or kratus, which means
“rule.” It means that it is a government
by the people, of the people, and for
the people, as stated by Abraham
Lincoln.

28. Forms of Government
 Tyranny is a government ruled by a
tyrant, who sacrifices his people for his
personal interest. He arrogates power and
authority upon himself and is answerable
or accountable to no one. A tyrant may
claim that his powers emanate from
himself or from god or from something or
somebody else. He may wield power in
his name or purportedly, in the name of
his people or of the state.

29. Forms of Government
Oligarchy is a kind of government run
by a few. This is a government
controlled by small groups for corrupt
and selfish motives. Oligarchs are
installed to power because they are
moneyed and are influential.

30. Forms of Government
 Mobocracy is a government run by an
unruly crowd or a mob. Issues are brought
on the streets. While parliament of the
street is very much a part of a democratic
system, mobocracy is its extreme. Rallies
and pickets are accompanied by violence.
Lawlessness and terrorism reign and what
might have started as a peaceful
democratic process may end in anarchy
which includes bloodshed, destruction to life
and property.

31. Government Based on
Distribution of Authority
 Federal Government – is one wherein
the national government delegates many
powers and responsibilities of
government to sub-national or local
government units. Thus, the power of
government is divided between two sets
of organs: one for local affairs; and the
other one for national affairs.

32. Government Based on
Distribution of Authority
 Unitary Government – is one wherein
the national or central government
performs all governmental functions.
Local or sub-national government units
administer matters within their
jurisdiction, but their powers are set
and delegated by the national
government

33. S
Government Based on the
Relationship between the
Executive and Legislative
Branches
1. Presidential System
2. Parliamentary System

34. Presidential System
– this is a form of government in which the
executive power which is exercised by a
single president who is elected by popular
vote is independent of the legislative body.
He holds office for a specific period of time as
imposed by the Constitution. The president is
the one who appoints the members of his
cabinet who are directly under him.
Separation of powers exists among the three
branches of the government. There are also
checks and balances among them.

35. Parliamentary System
 – in this form of government, the executive
power belongs to the prime minister or premier
and his cabinet. The executive and the
legislative are fused, because the members of
the cabinet are also members of the parliament
or legislature and the party in power. The prime
minister and his cabinet can remain in office as
long as they have the confidence and support of
the majority of the parliament. Ministers are first
elected as members of the parliament and the
party with the highest number of seats in it elects
the cabinet ministers from among themselves.

36. Governments Based on Legality
and Legitimacy
S De Jure Government – is one established
through legal or constitutional means and,
therefore, clothed with the authority and power
to administer the nation.
S De Facto Government – is one that was
established through unconstitutional or
unlawful means like revolution, secession, and
military occupation

38. REFERENCES:
S Phillipine Government and Constitution (Bederio,
Conception, et, al; Daquila, Sonia S;, Garcia, Carlito D.)

39. S
END
THANK YOU….