The Philippines as a State Flashcards
State define?
A community of persons, more or less numerous,
permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of inhabitants render habitual obedience
Elements of a State?
People; Territory; Government; Sovereignty;
People?
Adequate number for self-sufficiency and defense; of both sexes for perpetuity.
Requisite for Statehood:
People
The National Territory?
“The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has 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”
Components of National Territory?
Terrestrial, Fluvial, Maritime and Aerial domains.
National Territory comprises?
The Philippine Archipelago;
other territories over which the Philippines exercises jurisdiction
Archipelago Doctrine?
The waters around, between and connectingthe islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines”
Straight baseline method?
Imaginary straight lines are drawnjoining the outermost points of outermost islands of the archipelago, enclosing an area the ratio of which should not be more than 9:1 (water to land); provided that the drawing of baselines shall not depart, to any appreciable extent, from the general configuration of the archipelago
The waters within the baselines shall be considered?
internal waters
while the breadth of the territorial sea shall then be measured from?
the baselines.
Government define?
The agency or instrumentality through which the will of theState is formulated, expressed and realized
Government of the Philippines is?
the corporate governmental entity
Functions of the Gov?
Constituents (mandatory) and Ministerial (optional)
Doctrine of Parens Patriae?
parent of the people.the Government may act as guardian of the rights of people who may be disadvantaged or suffering from some disability or misfortune
De jure
and that which is established by the invading forces of an enemy who occupy a territory in the course of war.
de facto government
that which is established by the inhabitants of a territory who rise in insurrection against the parent state;
Sovereignty
The supreme and uncontrollable power inherent in aState by which that State is governed.
Kinds of Soverighnty: Legal State.
the power to issue final commands; orPolitical, which is the sum total of all the influences which lie behind the law
Kinds of Soverighnty: Internal.
the supreme power over everything within itsterritory; or External, also known as independence, which is freedom from external control.
Characteristics of a State?
permanence, exclusiveness, comprehensive-ness, absoluteness, indivisibility, inalienability, imprescriptibility
Effects of change in sovereignty?
Political laws are abrogated; municipal laws remain in force
Effects of belligerent occupation:
No change in sovereignty; political laws, except the law on treason, are suspended; municipal laws remain in force unless repealed by the belligerent occupant.
Dominium v. Imperium, explain?
Dominium refers to the capacity to ownor acquire property, including lands held by the State in its proprietary capacity;
Imperium is the authority possessed by the State embraced in the concept of sovereignty.
