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PPG_STATE.pdf

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Full Transcript

State taken from the Latin word stare ( to stand) is a political community that occupies a definite territory; having an organized government with the authority to make and enforce laws without the consent of a higher authority. It is also defined as a self-governing political ent...

State taken from the Latin word stare ( to stand) is a political community that occupies a definite territory; having an organized government with the authority to make and enforce laws without the consent of a higher authority. It is also defined as a self-governing political entity. The term state can be used interchangeably with the country 1. PEOPLE-is the organization of human beings living together as a community. It is also known as population or inhabitants. 2. Territory- refers to the portion of the earth which composed of aerial (air space above), fluvial (waters around and connecting the islands of the archipelago) and terrestrial (landmass) domains. Territorial Claims Under UNCLOS Art.1 Sec. 1 1987 Constitution NATIONAL TERRITORY The national territory comprises the Philippines archipelago, with all the islands and waters embraced therein, and all other territories over sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea ,the seabed, the subsoil, the insular shelves and other submarine areas. The waters around, between and connecting the island of the archipelago, regardless of their breath and dimensions form part of the internal waters of the Philippines. TERRITORIAL SEA – The belt of the sea located between the coastal state on the hand and high seas on the other extending up to 12 nautical miles from the law water mark. EXCLUSIVE ECONOMIC ZONE – body of water extending up to 200 nautical miles, within which the state may sovereign rights to explore, exploit, conserve and manage the natural recourses. The state in the EEZ exercises jurisdiction with the regard to: a. The establishment and use of the artificial islands, installations, and structures; b. Marine scientific research; c. The protection and preservation of marine environment 3. Sovereignty-refers to supreme and absolute power within its territorial boundaries. This is the power of the state to command and enforce obedience of its will from people. a. Internal is the power of the state to rule within its territory b. External is the freedom of the state to carry out its activities without subjection to or control by other states. a. Sovereignty is absolute from the legal point of view. b. Sovereignty is permanent. c. Sovereignty of the state is universal. d. Sovereignty is inalienable. e. Sovereignty cannot be divided between or shared by a plurality. f. Sovereignty is exclusive. 4. Government — refers to the institution or agency or instrumentalities through which the state maintains social order, provide public services, and enforces binding decisions. 1. Legislative - an elected group of people who have the power to make and change laws in a state or country. 2. Executive - someone in a high position, esp. in business, who makes decisions and acts according to them. 3. Judicial - the part of a country’s government that is responsible for its legal system and that consists of all the judges in its courts of law. A. Domestic Order and Tranquility B. Common Defense of the States C. Blessing of Liberty and Justice D. Promotion of General Welfare E. Promotion of Public Morality States evolved from family units. The families grew into a large extended family that heads of the family served as a government. Eventually evolved into tribal councils with a hierarchy of authority Governments, emerged when people were brought under the control of some power. States emerged from the conquest of other families or tribes Belief that kings are chosen to rule the Ancient state by a deity examples include Egyptians and Aztecs. In 15th Century Europe, the idea is used by royalty as the justification for the absolute domination, therefore, to question the king was not only treason but seen as a sin against God. 1. Police Power — power of the state to regulate freedoms and property rights of individuals for the protection of public safety, health, and morals or the promotion of the public convenience and general prosperity. This is because the Welfare of the people is the supreme law. 2. Eminent Domain — power to take private property for public use upon payment of just compensation. It is exercised through national or local government and private persons or corporations authorized to exercise functions of public character. 3. Taxation — power to impose tax on individuals and properties to support the government.

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