CHAPTER 3: CONCEPT OF THE STATE - (REQUIREMENT) the gov’t.
is able to represent the
STATE NATION State in its dealings with other Sates; Democratic &
Republican
-community of persons -(etymology) nasci means
- mandate of the gov’t from the State is to promote
permanently occupying a to be born
the welfare of the people.
fixed territory -indicates a relation of *Direct State Action- whatever good is done by the
-possessed of an birth & origin, & implies a gov’t is attributed to the State but every harm inflicted
independent government common race. on the people is imputed on the gov’t.
for political ends to which -usually characterized by
the great body of community of language & FUNCTIONS OF THE GOV’T:
inhabitants render habitual customs.
obedience. 1. Constituent- constitute the very bonds of society &
-racial/ethnic concept are compulsory; exercise by the State as attributes of
-a community formed by
-(Malcolm) distinct group sovereignty.
people and exercising
or race of people that a. Keeping of order & providing for the protection
permanent power within a
specified territory. share history, traditions of persons & property from violence
and culture. b. Fixing legal relations
-legal concept
-may comprise of several c. Regulation (of legal transactions)
-possible for a single State States; A nation need not d. Determination of contractual rights
to be made up of 1 nation. be a state at all e. Definition of punishment of crimes
f. Administration of political duties, privileges and
relations of citizens
*Nation & State are usually used interchangeably which is a
g. Dealings of the state with foreign powers
mistake, because these two have different connotations
(meaning).
2. Ministrant- undertaken to advance the general
ELEMENTS OF STATE interest of the society; merely optional butu made
I. CRITERIA IN ESTABLISHING A STATE compulsory by the constitution; exercised by the
a. People- Permanent population State to promote welfare, progress & prosperity of
- inhabitants of the State. the people
- (Requirement) must be numerous enough to be self-
sufficing & to defend themselves, & small enough to be DOCTRINE OF PARENS PATRIAE- Guardian of the rights
easily administered & sustained. of the people
REGARDLESS TO THEIR FORM:
b. Defined territory DE JURE GOV’T DE FACTO GOV’T
- Fixed portion of the surface of the earth inhabited by -has rightful title but no - gov’t of fact, actually
the people of the State. power or control, either exercises power or control
- (Requirement) must be neither too big nor small because it is w/drawn from but w/o legal title.
*historic right (Legal Title)- a title created in it or it has not yet actually -kinds: 1) Gov’t that gets
derogation of international law through historical entered into the exercise possession & control or
processes by which one State has asserted a usurps; 2) Established as an
jurisdiction independent gov’t by the
inhabitants of a country; 3)
*Archipelago Doctrine- connects the outermost points
Established & maintained by
of our archipelago with straight baselines & consider
military forces.
all the waters enclosed thereby as internal waters;
defining the boundaries of the country *2nd gov’t of Ph is a De Facto gov’t of paramount force
*Baseline laws are just statutory mechanisms for GOV’T OF PH- a corporate governmental entity through w/c the
UNCLOS III states parties to delimit with precision the functions of gov’t are exercised throughout the Ph
extent of their maritime zones & continental shelves. ADMINISTRATION- group of persons in whose hands the reins
of gov’t are for the time being; administration runs the gov’t;
COMPONENTS OF TERRITORY: the officials in the executive branch of government under a
1. Land mass: Terrestrial Domain particular chief executive.
2. Inland & Extern al Waters: Maritime & Fluvial Domain
3. Space Above: Aerial Domain
d. Sovereignty- Capacity to enter into relations with other
states; the supreme and uncontrollable power inherent in a
c. Government
State by which that State is governed.
-agency/ instrumentality through w/c the will of the
state is formulated, expressed and realized.
KINDS OF SOVEREIGNTY: b) Respondent’s Arguments (GRP, Peace Panel for
1. Legal- authority w.c has the power to issue final Ancestral Domain, et al. - Lost)
commands; e.g Congress - Argued that the MOA-AD is valid for it pursue peace
2. Political- power behind the legal sovereign, or sum of negotiations, protect and respect human rights,
the influences that operate upon it; e.g diff. sectors negotiate with sincerity in the resolution and pacific
that mold public opinion settlement of the conflict, and refrain from the use of
INTERNAL SOVEREIGNTY- power of the state to control its threat or force to attain undue advantage while the
domestic affairs peace negotiations on the substantive agenda are on-
EXTERNAL SOVEREIGNTY- power of the state to direct its going
relations with other states (independence).
ISSUE:
- Whether or not the MOA-AD, in so far as it creates
CHARACTERISTICS (*Sovereignty is not deemed suspended
the BJE, is constitutional
although its acts cannot be exercised by the legitimate
authority.)
RULING:
1. Permanent Conclusion:
2. Exclusive - The MOA-AD is unconstitutional. The petitions are
3. Comprehensive
granted.
4. Absolute
Rule:
5. Indivisible
- The Constitution does not contemplate any state in
6. Inalienable
this jurisdiction other than the Philippine State, much
7. Imprescriptible
less does it provide for a transitory status that aims to
There being no change in sovereignty during a belligerent prepare any part of Philippine territory for
occupation, Political laws of the occupied territory: independence.
1. are merely suspended - No province, city, or municipality, not even the
2. subject to revival under the jus postliminium (the ARMM, is recognized under our laws as having an
invalidity of all illegitimate acts that an occupant may "associative" relationship with the national
have performed on a given territory after its recapture government. Indeed, the concept implies powers that
by the legitimate sovereign) go beyond anything ever granted by the Constitution to
any local or regional government. It also implies the
ACT OF STATE recognition of the associated entity as a state.
Application:
- an act done by the sovereign power of a
country/delegates w/in the limits of the power
- In this case, even the mere concept animating many
vested in him; cannot be questioned or made the of the MOA-AD's provisions, therefore, already
subject of legal proceedings in a court. requires for its validity the amendment of
- Act done by the political departments of the gov’t constitutional provisions, specifically the following
& not subject to judicial review. provisions of Article X
- The BJE is a far more powerful entity than the
autonomous region recognized in the Constitution
NORTH COTABATO VS. GRP Conclusion:
STATE, DEFINED – Whether or not the MOA-AD, - Thus, the MOA-AD is unconstitutional.
in so far as it creates the BJE, is constitutional
When did the consti take effect?
FACTS: On the day of ratification or on the day it was validly ratified?
- Respondent GRP and the MILF were planning to
- Day of ratification
enter into Memorandum of Agreement on the
Ancestral Domain (MOA-AD) to create the
Bangsamoro Juridical Entity (BJE)
a) Petitioner’s Arguments (Province of North
Cotabato, et al. - Win)
- Filed petitions in SC challenging the constitutionality
of the MOA-AD
