Philippine Constitution

An Introduction

Education for citizenship

Essential part of liberal education

Knowledge and understanding of government

Why is it necessary to study the Constitution?

State – a community of persons more or less numerous permanently occupying a definite portion of territory, having a government of its own to which the great body of inhabitants renders obedience, and and enjoying freedom from external control

Concept of State and Government

1. People – mass of population living within the state

Elements of the State

Elements of the State

2. Territory – fixed portion of the surface of the earth inhabited by the people of the state

3. Government – agency through which the will of the state is formulated, expressed and carried out

Elements of the State

4. Sovereignty – the supreme power of the state to command and enforce obedience

2 Manifestations

• External sovereignty• Internal sovereignty

Elements of the State

1. Divine Right Theory – holds that the state is of divine creation and the ruler is ordained by God to govern the people

Origin of the State

2. Necessity or force theory – maintains that states must have been created through force

Origin of the State

3. Paternalistic theory – attributes the origin of states to the enlargement of the family

Origin of the State

Origin of the State

4. Social Contract theory – asserts that the early

states must have been formed by deliberate and voluntary

compact among people to form a government of

their own

1. As to the number of the persons exercising sovereign power:

a. Monarchy – the supreme and final authority is in the hands of a single person. It is further classified into: absolute monarchy and limited monarchy.

b. Aristocracy – the political power is exercised by the few priviledged class

c. Democracy – the political power is exercised by the majority of people. It is futher classified into two: direct or pure democracy and indirect or representative democracy

Forms of Government

2. As to extent of powers exercised by the central or national government

a. Unitary Government – the control of national and local affairs is exercised by the central or national government

b. Federal Government – the powers of government are divided between two sets of organs, one for national affairs and the other for local affairs

3. As to the relationship between the executive and the legislative branches of government

a. Parliamentary – the state confers upon the legislature the power to terminate the tenure of office of the real executive

b. Presidential – the state makes the executive constituionally independent of the legislative