Political Theories of the State in the Philippines

The Philippines

• The Philippines is a democratic and republican state
• Sovereignty resides in the people and all government authority emanates from them (Section 1, Article II, 1987 Constitution)
• A state is a community of people, more or less numerous, permanently occupying a definite portion of territory, having a government of their own, and enjoying freedom from external control
• A state occupies a large portion of territory, has an established government, and exercises sovereignty
• Government is the formal institution that rules the people

Theories of the Origin of the State

• Divine Right Theory: The state is of divine creation and the ruler ordained by God to rule the people
• Necessity of Force Theory: The state was created through force by great warriors who imposed their will on the weak
• Paternalistic Theory: The state is an enlarged family, developing from a clan to a tribe and eventually a nation-state
• Social Contract Theory: The state was formed deliberately and voluntarily by people who organized a government for their common good; this justifies the right to revolt against a bad ruler

Elements of the State

• People: The inhabitants of the state; there needs to be enough people to govern and be governed
• Territory: The land, rivers, and lakes within the state's jurisdiction. It can be described as terrestrial, fluvial, maritime, or fluvial
• Sovereignty: Supreme power of the state to command and enforce obedience within its jurisdiction, free from foreign control. It has internal(power to rule within its territory) and external(freedom to act without outside control, also called independence) manifestations

The Three Inherent Powers of the State

• Eminent Domain: The state's or its delegates' power to take private property for public use, with just compensation and due process
• Police Power: The state's power to enact laws relating to people and property to maintain the welfare of its citizens. Examples are public health, morals, safety, and welfare
• Power of Taxation: The state's power to impose charges or burdens on persons or property for the support of the government

Nation vs. State

• Nation and state are not the same
• The state is a political concept; the nation is an ethnic concept
• A nation is a group of people bound by common social origin, language, customs, and traditions
• A state is not subject to external control, while a nation may or may not be independent of external control
• A single state may be made up of multiple nations, and a single nation may be made up of multiple states

Nation and State Types

• Nation-State: A state with its own nation (e.g., Iceland)
• Multinational State: A state with more than one nation (e.g., United Kingdom)
• Stateless Nation: A nation without its own state (e.g., Palestinians)
• Diaspora: A nation dispersed beyond a home state (e.g., Jews)

Concept of Constitution

• Constitution is the body of rules and principles that govern the sovereign's exercise of power
• Constitutional Law deals with the nature, formation, amendment, and interpretation of constitutions.

Kinds of Constitution

• Conventional/Enacted: A constitution enacted by a constitutional assembly or granted by a monarch
• Cumulative/Evolved: A constitution that develops over time from customs, traditions etc.

As to Form

• Written: A constitution that has a specific and definite form
• Unwritten: A constitution that has developed through customs and traditions

As to Manner of Amendment

• Rigid/Inelastic: A constitution that cannot be easily changed (special sanctity/process),
• Flexible/Elastic: A constitution that can be changed in the same way as other laws

Preamble

• Preamble is the prologue or introduction to the constitution, derived from the Latin word "preambulare" (to walk before).

Constitutional History

• The Philippines was used as a trading port leading to colonization by Spain and later the US
• Indios was the term the Spanish used for Filipinos, while "Illustrados" were the Filipino intellectuals
• Philippine revolution occurred in 1898 in Cavite declaring independence
• The Malolos Constitution established the First Philippine Republic.

Independence to Martial Law

• Philippine politics since independence has faced corruption and scandals
• Some presidents have tried to stabilize the country and develop the economy and foreign relations.

Ferdinand Marcos' Rule

• Marcos was elected president in 1965 and re-elected in 1969.
• He declared martial law in 1972 citing communist insurgency.
• He manipulated the drafting of the 1973 constitution to maintain power.
• His authoritarian rule suppressed democratic institutions and restricted civil freedoms.
• Despite economic decline and rising corruption, Marcos and his wife Imelda remained extravagant in their lifestyle.

The People's Choice

• Marcos was ousted by the People Power Revolution of 1986
• Widespread public pressure due to Marcos' assassination forced him to flee into exile after losing the People's Power Revolution.
• Corazon Aquino (Widow of Benigno Aquino Jr) assumed presidency.

The 1987 Constitution

• Aquino implemented reforms to repeal Marcos-era regulations.
• She replaced the existing regulations with the 1987 constitution.
• The 1987 constitution was largely modeled on the American Constitution.

Explore the foundations of the state's existence and its role in society, particularly in the context of the Philippines. This quiz covers various theories regarding the origin of the state, including the Divine Right Theory, Necessity of Force, and Social Contract Theory. Test your knowledge of the democratic principles as per the 1987 Constitution.