The Philippines as a State

Question 1

State define?

Answer 1

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

Question 2

Elements of a State?

Answer 2

People; Territory; Government; Sovereignty;

Question 3

People?

Answer 3

Adequate number for self-sufficiency and defense; of both sexes for perpetuity.

Question 4

Requisite for Statehood:

Answer 4

People

Question 5

The National Territory?

Answer 5

“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”

Question 6

Components of National Territory?

Answer 6

Terrestrial, Fluvial, Maritime and Aerial domains.

Question 7

National Territory comprises?

Answer 7

The Philippine Archipelago;

other territories over which the Philippines exercises jurisdiction

Question 8

Archipelago Doctrine?

Answer 8

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”

Question 9

Straight baseline method?

Answer 9

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

Question 10

The waters within the baselines shall be considered?

Answer 10

internal waters

Question 11

while the breadth of the territorial sea shall then be measured from?

Answer 11

the baselines.

Question 12

Government define?

Answer 12

The agency or instrumentality through which the will of theState is formulated, expressed and realized

Question 13

Government of the Philippines is?

Answer 13

the corporate governmental entity

Question 14

Functions of the Gov?

Answer 14

Constituents (mandatory) and Ministerial (optional)

Question 15

Doctrine of Parens Patriae?

Answer 15

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

Question 16

De jure

Answer 16

and that which is established by the invading forces of an enemy who occupy a territory in the course of war.

Question 17

de facto government

Answer 17

that which is established by the inhabitants of a territory who rise in insurrection against the parent state;

Question 18

Sovereignty

Answer 18

The supreme and uncontrollable power inherent in aState by which that State is governed.

Question 19

Kinds of Soverighnty: Legal State.

Answer 19

the power to issue final commands; orPolitical, which is the sum total of all the influences which lie behind the law

Question 20

Kinds of Soverighnty: Internal.

Answer 20

the supreme power over everything within itsterritory; or External, also known as independence, which is freedom from external control.

Question 21

Characteristics of a State?

Answer 21

permanence, exclusiveness, comprehensive-ness, absoluteness, indivisibility, inalienability, imprescriptibility

Question 22

Effects of change in sovereignty?

Answer 22

Political laws are abrogated; municipal laws remain in force

Question 23

Effects of belligerent occupation:

Answer 23

No change in sovereignty; political laws, except the law on treason, are suspended; municipal laws remain in force unless repealed by the belligerent occupant.

Question 24

Dominium v. Imperium, explain?

Answer 24

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.