Nation – is a group of people bound together by certain
Monarchy – power belongs to one person in which
characteristics such as common social origin, language,
customs, and traditions, and who believe that they are
one and distinct from others
State – 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.
Nation State
Ethnic concept Political concept
May or may not be Cannot be controlled by
controlled by external other countries
control (foreign (external)
countries)
One race only Consists of different
races
Elements of State:
1. People
2. Territory
3. Government
4. Sovereignty (internal and external)
Origin of States:
1. Divine right theory – the state is of divine creation
and the ruler is ordained by God to govern the people.
2. Necessity or force theory – states must have been
created through force, by some great warriors who
imposed their will upon the weak
3. Paternalistic theory - attributes the origin of states to
the enlargement of the family which remained under
the authority of the father or 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.
4. Social contract theory – states must have been
formed by deliberate and voluntary compact among the
people to form a society and organize government for
their common good. This theory justifies the right of the
people to revolt against a bad ruler.
Purpose and necessity of Government:
1. Advancement of Public Welfare – benefit of the
people; protection of society
2. Consequence of absence – avoid the access of
government; fight against disorder/anarchy (chaos)
Different Forms of Government:
1. As to number of persons exercising sovereign powers
a.
the supreme and final authority is in the hands of as
single person, e.g. king, queen, empress, without regard
to the source of his election or nature or declaration of
his tenure.
Classifications:
i. Absolute Monarchy – which the ruler rules by
divine right; given by God; e.g. Thailand, Saudi Arabia
ii. Limited Monarchy – which the ruler rules in
accordance with a constitution; e.g. England – Britain
b. Aristocracy – power is in the hands of few people;
which the political power is exercised by a few
privileged class; also known as oligarchy
c. Democracy – which the political power is exercised
by the majority of the people, or by the people itself.
Classifications:
i. Direct/Pure Democracy – which the will of the
state is formulated or expressed directly through the
people
ii. Indirect/Representative – Republican
2. As to extent of powers exercised by a central or
national government
a. Unitary Gov’t – in which the control of national and
local affairs is exercised by the central/national gov’t;
e.g. Philippine constitution
b. Federal Gov’t – which the powers of gov’t are
divided between two sets of organs: one for national
affairs and local affairs (governors); e.g. US
3. As to relationship between the executive and the
legislative branches of the gov’t
a. Parliamentary Gov’t – which the state caters upon
the legislative the power to terminate the tenure of the
office of the “real” executive
b. Presidential Gov’t – which the state makes the
executive constitutionally independent of the legislative
as regard his tenure
4. As to the number of tenure of the officials
a. Hereditary
b. Elective/Popular
**Philippines is a representative democracy, a unitary,
and presidential government with separation of powers.
The Gov’t of the Phil. In Transition
Pre-Spanish Gov’t
-Unit of gov’t: baranganic gov’t (barangay)
-Ruled by datu
-Composed of 30-100 families
-Larger barangay is ruled by rajah/sultan/king
-Monarchy type
-Powers: 1. executive – chief; commander (warriors)
2. legislative – creating the laws
3. judiciary
-Umalohokan: barangay crier/ messenger
-“elders”: advisers of datu
-Maragtas and Kalantiaw Code
-Trial by ordeal, public trial
-3 social classes:
1. Maharlika (nobles) – slave-owning families
2. Timawa (freemen) – majority of the
population/free-born persons/emancipated slaves
3. Alipin (slaves) – a. namamahay: have own house,
own properties, could marry without master’s consent
b. sagigilid: lives in their master’s
house, have no properties at all
-Emancipation of slaves: marriage, purchase, voluntary
actions of the masters
-Causes of slavery: at birth, captivity in war, purchase,
failure to pay debt, punishment for a crime
-barangay to towns/pueblos (leader:
gobernadorcillo/”little governor”) to provinces (leader:
governor/governor-general) and/or cities
(ayuntamiento, city council)
Spanish Gov’t
-Miguel Lopez de Legazpi: colonized the Philippines
-Council of the Indies: body that handle all matters
pertaining to the colonies of Spain (Laws of the Indies)
-Governor-general: chief executive/commander-in-chief
-Royal Audiencia: Supreme court; checks the gov-gen
-visitador: representative of the king/viceroy of Mexico
-special courts: ecclesiastical courts, naval court
-2 territorial audiencia: Cebu and Vigan
-residencia: trial of outgoing gov-gen and other public
officials
-bishops and clergy: for those who are close to the king
Revolutionary Era
-Katipunan Gov’t (KKK): A. Bonifacio, a secret society
-ranks/memberships:
1. Katipon – associates; black; Anak ng Bayan
2. Kawal – soldier; green; GomBurZa
3. Bayani – patriot; red; Rizal
-Supreme Council (Central Gov’t) – Kataastaasang
Sanggunian
- Provincial Council (Provinces) – Sangguniang Balangay
-Popular Council (Towns) – Sangguniang Bayan
-Judicial Council – Sangguniang Hukuman
-Biak-na-Bato Gov’t – president: Gen.Emilio Aguinaldo
-Magdalo: Aguinaldo; Magdiwang: Bonifacio
-constitution – took effect for two years only, up to
December 15, 1897
-Peace Policy/Agreement
-amnesty
-Pact of Biak-na-Bato – peace agreement bet. Spanish
gov’t and Biak-na-Bato gov’t
-Dictatorial Gov’t (temporary)
-Dictator Aguinaldo
-Achievements:
1. Philippine Independence – June 12, 1898
2. Showing of Philippine flag
3. Playing of the National Anthem
-Revolutionary Gov’t
-Sublime paralytic: Apolinario Mabini
-President Aguinaldo
-established on June 29 1898
-Malolos Constitution: The first republic gov’t of the
Philippines
-September 15 1898
-“First Philippine Republic”
-Spanish(Filipino)-American War
The Philippines under the US regime
1. Military Government – to establish peace and order;
first military general was Wesley Merritt
2. Civil Gov’t – first civil general: William Howard Taft
(Pres of the US)
3. Commonwealth Gov’t – transition for the Philippine
Independence, 10 years; Pres. Manuel L. Quezon, VP
Sergio Osmeña; was cut because of the Japanese Period
Governments during the Japanese occupation
1. Japanese Military Administration
2. Philippine Executive Committee – civil gov’t
- was composed of Filipinos
- Puppet government
- Jose (Jorge) B. Vargas: chairman
3. Second Republic of the Philippines (Japanese-
sponsored) – Pres. Jose P. Laurel
After Japanese Occupation
-Third Republic of the Philippines: Pres. Manuel Roxas
- July 4 1946
-1935 Constitution
-Fourth Republic of the Philippines: Pres. Ferdinand E.
Marcos
-1973 Constitution 2. As to content:
-started during 1981-1986 a. constitution of gov’t: framework of gov’t and its
powers
-The Provisional Gov’t of 1986 (5th Republic of the Phil) b. constitution of liberty: fundamental rights
-Pres. Corazon C. Aquino c. constitution of sovereignty: pointing out the
-1987 Constitution mode or procedure for amending or revising the
-Characteristics constitution
a. revolutionary – it was not instituted not in
accordance with the procedure provided in an existing Interpretations of Constitution
constitution -Is it for everyone? Specific person? Authority?
b. de jure / de facto – de jure is founded in
accordance with the existing constitution, de facto has
the general support of the people and effective control
of the territory
c. constitutional and transitory – hybrid constitution
d. democratic – pure democracy
e. powers – coming from the people
f. provisional constitution

Constitution
- the body of rules and principles in accordance with the
powers of sovereignty are regularly exercised
-Nature/Purpose:
1. It serves as the supreme of fundamental law
2. Establishes basic framework and underlining
principles of government
-Kinds of Constitution:
1. As to their origin/history
a. Conventional/Enacted: enacted by a constituent
assembly on granted by a monarch to his subjects
b. Cummulative/Evolved: product of growth of
long period of development originating from customs,
traditions, judicial decision
2. As to their form
a. Written
b. Unwritten – pre-colonial
3. As to manner of amending them
a. Rigid/Inelastic – you cannot simply be amended
o altered or changed except by some special machinery;
cannot easily approve; mahirap palitan at mahirap
aprubahan
b. Flexible/Elastic – possesses no higher legal
activity than ordinary laws; can easily be changed or
altered; madaling palitan madaling aprubahan
-Advantages and disadvantages of Written Constitution
Advantage: clearness and definiteness
Disadvantages: difficulty of its ammendments
-Law: “bill” – law in the process
“quorum” – number of people in order to have an
assembly that could create another law
-Requisites of a Good written constitution
1. As to form: brief (description), broad (scope),
definite (exact/closeness of definition)