Concept of the State

Question 1

What is a State?

Answer 1

It is a community of persons, more or less numerous, permanently occupying a definite territory, independent of external control, and possessing a government to which a great body of
inhabitants render habitual obedience.

Question 2

What are the elements of a State?

Answer 2

People, territory, government, sovereignty

Question 3

Is a state and a nation one of the same?

Answer 3

No. The state is a political/legal concept while the nation is an ethnic/racial concept. The state
as a political/legal concept means that the state is an abstract, ideal person, existing only in
contemplation of law

The nation as an ethnic/racial concept means that the people are bound by common social origin, language, customs and traditions (

Question 4

discuss “People” in the elements of a state

Answer 4

It refers to the inhabitants of the State or the mass of population living within the State. Without people, there can be no functionaries to govern and no subjects to be governed

Question 5

is there a number of people required to form a state?

Answer 5

There is no requirement as to the number of people that should compose a State. They must
be numerous enough to be self-sufficing and to defend themselves and small enough to be easily
administered and sustained.

Question 6

Can you have a State where the people are all men or all women?

Answer 6

No. There would be no procreation, thus, the State would not be able to sustain or survive.
The State should be able to maintain its existence, thus, continuity of the race is a must.

Question 7

What do you mean by territory?

Answer 7

It is the fixed portion of the earth inhabited by the people of the State.

Question 8

Would a classroom be sufficient to be considered as territory?

Answer 8

No. The territory should be able to provide the needs of the population. There are no natural
resources in the classroom. There is no source of food in the classroom. Thus, the classroom
cannot be considered as territory.

Question 9

can a vessel in transit in open waters be considered territory?

Answer 9

No. It is not a fixed portion of the earth.

Question 10

Without Article I, can we claim that we have a territory? What is the purpose of Article
I?

Answer 10

Yes. It is not the legal basis of our territory because if it is, then without Article I, we will not
have a territory, therefore, we will not be a State. Our territory existed since time immemorial.

Question 11

Can we invoke Article I against other States?

Answer 11

No because the constitution is a municipal law (enforceable or binding only within the
territorial limits of the sovereignty promulgating the constitution). It does not bind other states.
But if it is further supported by an international treaty or a principle of international law, then it
can bind other States.

Question 12

What are the components of territory?

Answer 12

1. Terrestrial Domain – composed of the land
2. Maritime Domain – maritime belt/sea belt/marginal belt
   Fluvial Domain – inland waters such as rivers, lakes, lagoons, canals
3. Aerial Domain – the air space above the land and waters, excluding outerspace

Question 13

What do you mean by archipelago?

Answer 13

It is a group of islands, including parts of islands, interconnecting waters and other natural
features which are so closely interrelated that such islands, waters and other natural features form
an intrinsic geographical, economic and political entity, or which historically have been regarded
as such.

Simply stated, it is a body of water studded or surrounded by islands.

Question 14

What is the Archipelagic Doctrine?

Answer 14

It is a principle which considers the group of islands as one integrated unit. For this purpose,
it requires that straight baselines be drawn by connecting the appropriate points of the outermost
islands to encircle the islands within the archipelago. We consider all the waters enclosed by the straight baselines as internal waters.

Question 15

Is there a part of Article I which confirms that the Philippines adopts the archipelagic
doctrine?

Answer 15

Yes. It is found in the last sentence of Article I which states that “The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.”

Question 16

How do you describe the maritime domain of the Philippines?

Answer 16

It consists of its territorial sea, the sea bed, the subsoil, the insular shelves, and other
submarine areas

Question 17

Where do you start measuring the 12 nautical miles of the territorial sea?

Answer 17

From the baselines

Question 18

What are the two (2) kinds of baseline method?

Answer 18

1. Normal baseline method

2. Straight baseline method

Question 19

What is the difference between normal baseline method and straight baseline method?

Answer 19

Normal baseline method follows the sinuses and curvatures of the islands while straight
baseline method determines the outermost points of the outermost islands then connects them.

Question 20

How was the extent of the territorial waters measured back in the 18th century

Answer 20

Canon shot rule

Question 21

What is government?

Answer 21

It is the agency or instrumentality through which the will of the State is formulated,
expressed, and realized.

Question 22

What you mean by the government is the agency of the State?

Answer 22

Since the State is a legal concept, (it is an abstract or ideal person existing only in
contemplation of law), it can only act through the government which is its agent or
representative.

Question 23

What is the difference between State and government?

Answer 23

Both are legal concepts. But the State can only act through the government.

Question 24

What is the difference between government and administration?

Answer 24

Government is a legal concept. It can only act through the administration that runs the
government for the time being.

Question 25

What do you mean by the State as a legal concept?

Answer 25

You cannot see the State. It is an ideal, invisible, intangible, immutable, abstract person,
existing only in contemplation of law. You can only see it through its four (4) elements.

Question 26

What are the functions of the government?

Answer 26

1. Constituent functions
2. Ministrant functions
   Q: What is the difference between

Question 27

What is the difference between constituent functions and ministrant functions?

Answer 27

Constituent functions are the basic functions of the government and are thus compulsory
while ministrant functions are those undertaken to advance the general interests of society and
are thus optional.

Question 28

Is the difference between governmental and proprietary functions still relevant?

Answer 28

No. In PVTA vs.CIR, the Supreme Court held that such distinction has been blurred because
of the repudiation of the laissez faire policy in the Constitution. The government, under the
Constitution, is under an obligation to promote social justice (Sec 10, Art II)

Question 29

What is the laissez faire policy?

Answer 29

“Let alone”, free trade/free enterprise/free market society

Question 30

Does it mean that there would be no instance where governmental functions need to be
distinguished?

Answer 30

No. There is - Doctrine of State Immunity.

Question 31

What is the Doctrine of Parens Patriae?

Answer 31

It means parent of the country. The State acts as the guardian of persons under disabilities.

Question 32

What are the kinds of government?

Answer 32

1. De jure government

2. De facto government

Question 33

What is a de jure government?

Answer 33

It is a government of right. It has rightful title but no power or control, either because this has
been withdrawn from it or because it has not yet actually entered into the exercise thereof. It is a
government established according to the Constitution of the State, and lawfully entitled to
recognition and supremacy but is actually ousted from power or control. It is the true and lawful
government. (e.g. Government of the Philippines)

Question 34

What is a de facto government?

Answer 34

It is a government of fact. It actually exercises power or control but without legal title. It is
that government which unlawfully gets the possession and control of the rightful legal
government and maintains itself there by force and arms against the will of the rightful legal
government, and claims to exercise the powers thereof.

Question 35

What kind of government is the Cory Aquino government?

Answer 35

It is neither a de jure nor a de facto government. It is not a de jure government because it
exercises power or control just like a de facto government. However, it is not a de facto
government because it has legal title just like a de jure government.

Question 36

Was there a time that we had a de jure government and a de facto government?

Answer 36

Yes, during the time of Japanese Occupation. The Japanese belligerent occupants established
a de facto government (of the third kind). The Commonwealth of the Philippines, under the
presidency of Roxas, is the de jure government.

Question 37

What is the effect of belligerent occupation on: (1) Sovereignty; (2) Laws; and (3)
Judicial Decisions, of the occupied territory?

Answer 37

(1) Sovereignty – Sovereignty itself is not suspended, only the exercise of sovereignty.
Sovereignty cannot be suspended because it is permanent, exclusive, comprehensive, absolute,
indivisible, inalienable, and imprescriptible (Laurel vs. Misa).

(2) Laws – Political laws are merely suspended, subject to revival under the jus postliminium
upon the end of the occupation. Non-political laws are deemed continued unless changed by the
belligerent occupant since they are intended to govern the relations of individuals as among
themselves and are not generally affected by changes in regimes or rulers.