Chapter 3.

The Concepts of State, Government and Constitution

What is a State?

- refers to a political association that establishes sovereign jurisdiction within defined territorial
borders, characterized by its monopoly of legitimate violence (Heywood, 2002).

Elements of the State

1. People - refers to the mass of population living within the state.

2. Territory - the physical and territorial domain of the state, which includes the terrestrial,
fluvial, maritime and aerial domains.
3. Government - the mechanism through which ordered rule is maintained; the machinery for
making and enforcing collective decisions for society and elsewhere. (Heywood, 2002)
4. Sovereignty - the supreme power of the state to command and enforce obedience to its will
from people within its jurisdiction, and to have freedom from external control.

Theories on the Origin of the State

1. Voluntaristic Theories - holds that, at some point in their history, certain peoples
spontaneously, rationally, and voluntarily gave up their individual sovereignties and united with
other communities to form a larger political unit deserving to be called a state.

a) Automatic theory - According to this theory, the invention of agriculture automatically

brought into being a surplus of food, enabling some individuals to divorce themselves
from food production and to become potters, weavers, smiths, masons, and so on, thus
creating an extensive division of labor.
b) Hydraulic Hypothesis - by Karl Wittfogel who sees the state arising in certain arid and
semiarid areas of the world, where village farmers struggle to support themselves by
means of small-scale irrigation, a time arrived when they saw that it would be to the
advantage of all concerned to set aside their individual autonomies and merge their
villages into a single large political unit (the state) capable of carrying out irrigation on a
broad scale.
c) Social Contract theory - asserts that the early states must have been formed by
deliberate and voluntary compact among the people to form a society and organize a
government for their common good.
d) Paternalistic/patriarchal theory - maintains that the state was a result of the
enlargement of the family which remained under the authority of the father or mother.

2. Coercive Theories - Force, and not enlightened self-interest, is the mechanism by which
political evolution has led, step by step, from autonomous villages to the state.
3. Circumscription Theory - the theory asserts that the state is a predictable response of
individuals and their communities to certain specific cultural, demographic, and ecological
conditions.
State and Nation; State and Government Distinguished

State
1. it is a political concept
2. is not subject to external control or it possesses independence
3. may consist of one or more nations or peoples

Nation
1. it is an ethnic or racial concept
2. it may or may not be independent of external control
3. may be made up of several states

State
1. it has a quality of permanence as long as its elements are present
2. it cannot exist without a duly constituted government since the government is its essential
mark

Government
1. is only an agency through which the state expresses its will; it can be changed at anytime
2. it can exist without there being a state

Forms of Government

In political science, the science of classifying forms of government is known as political

typology. The most influential classification was devised by the Greek political philosopher,
Aristotle (4th c. BCE) based on his analysis of the 158 Greek city-states. He classified forms of
government on the basis of these two important criteria:

1. ‘Who rules?’
2. ‘Who benefits from rule?’

WHO RULES?
WHO One Person The Few The Many
BENEFITS? Rulers Tyranny Oligarchy Democracy
All Monarchy Aristocracy Polity

In the late 18th century, new and more sophisticated classification of governments which gave
emphasis on constitutional and institutional features of political rule. Others even consider
analyzing ideological and economic dimensions. This in effect modified the ‘classical’ or
traditional Aristotelian typology.

For example, Montesquieu and Locke focused their analysis on the relationships between the
various branches of government. Thus, monarchies were distinguished from republics,
parliamentary systems against presidential ones, and unitary systems from federal forms
(Heywood, 2002).
A. As to the NUMBER OF PERSONS exercising sovereign powers: (According to Aristotle)

1. Government by one:
Monarchy - the supreme and final authority rests in the hands of a single person maybe called a
king, queen or prince
2. Government by the few:
Aristocracy - is a government by the privilege few or the nobility in society.
Oligarchy - is the government by the minority in society not necessarily belonging to the
nobility.
3. Government by the many:
Democracy - refers to a government by which political power is exercised by the majority of the
people.

B. As to the DISTRIBUTION OF POWERS between the central or national and local

governments:

l. Unitary government - a government by which the control of national and local affairs is
exercised by the central or national government.
2. Federal government - a system by which the powers of government are divided between two
sets of organs, one for national affairs and the other for local affairs, each organ being supreme
within its own sphere.
3. Confederation - A loose organization of states whose component parts are sovereign and
independent of each other but are united by common military or economic interests.

C. As to the RELATIONSHIP BETWEEN THE EXECUTIVE AND THE LEGISLATIVE

BRANCHES of the government:

1. Parliamentary government - A system in which government governs in and through the

assembly or parliament, thereby “fusing” the legislature and executive branches of the
government.
2. Presidential government - A system of government in which executive authority is
concentrated in the hands of a president, whose office is politically and constitutionally separate
from the legislature.
3. Modified Presidential - Parliamentary system or “hybrid” or semi-presidential system - In this
system, there is a ‘dual executive’ in which a popularly elected president works in conjunction
with a prime minister and cabinet drawn from and responsible to the Parliament.

Constitution Defined

 a set of rules that establish the duties, powers and functions of the institutions of
government and define the relationship between the state and the individual.
(Heywood, 2002).

The branch of public law, which treats of constitutions, their nature, formation,
amendment, and interpretation, is known as constitutional law.
Classification of Constitution

1) As to their origin and history:

a) Conventional or enacted - a constitution enacted by a constituent assembly or
granted by a monarch at a certain point in time.
b) Cumulative or evolved - this constitution is a product of growth or a long period of
development originating in customs, traditions, judicial decisions, etc.
2) As to their form:
a) Written - a constitution which has been given definite written form at a particular
time by a constitutional convention. It is a “codified constitution”.
b) Unwritten - a constitution which is entirely a product of political evolution based
largely on customs, usages and judicial decisions or acts of parliament. It is “not a
codified constitution”.
3) As to the manner of amending them:
a) Rigid or inelastic - a constitution which cannot be amended or altered except by
some special machinery more cumbrous that the ordinary legislative process. It is
difficult to amend or revise.
b) Flexible or elastic - a constitution which can be altered or change easily by just an
ordinary legislative process.
4) As to its contents:
a) Constitution of government - deals with the framework of government and its
powers, and defining the electorate.
b) Constitution of liberty - sets forth the fundamental rights of the people and imposes
limitations on the powers of the government.
c) Constitution of sovereignty - that pointing out the mode or procedure for amending
or revising the constitution.

Distinctions between Constitution and Statute

Constitution Statute
1. it is legislation direct from the people 1. it is a legislation from the people’s
representatives
2. it merely states the general framework of 2. it provides the details of the subject of
the law and government which it treats

3. it is intended not merely to meet existing 3. itis intended primarily to meet existing
conditions but to govern the future conditions
4. it is the supreme or fundamental law of 4. it must conform with the constitution
the State to which all other laws must be
conform

A statute - is law passed or enacted by Congress.

Amending or Revising the Constitution: Methods, Processes

As a written document, the Philippine constitution is rigid and inelastic. This makes it
difficult to introduce changes in some of its parts (referred to as amendment) or to rewrite
the whole document (this process is called revision) without observing certain processes
mandated by the Charter itself. As noted above, Article XVII, Secs. 1 & 2 prescribe the
following methods by which any amendment or revision to the Constitution may be
proposed:

1. By Congress acting as a constituent assembly (3/4 votes of all its members is required,
with both Houses voting separately);
2. By a constitutional convention called for the purpose;
3. By the people directly, through initiative upon petition of the required number of
registered voters (12 per centum of the total number of registered voters nationwide; 3 per
centum from each legislative districts).

The Philippine Constitutions

1. Malolos Constitution (Jan. 20, 1899)

2. 1935 Constitution (1935-1973)
3. 1973 Constitutions (1973 - 1986)
4. 1987 Constitution (February 2, 1987)

Basic Principles underlying the Philippine Constitution:

1. Recognition of the aid of Almighty God

2. Sovereignty of the people
3. Renunciation of war as an instrument of national policy
4. Supremacy of civilian authority over the military
5. Separation of church and state
6. Recognition of the importance of the family as a basic social institution and of the
vital role of the youth in nation – building
7. Guarantee of human rights
8. Government through suffrage
9. Separation of powers
10. Independence of the judiciary
11. Guarantee of local autonomy
12. High sense of public service morality and accountability of public officers.
13. Nationalization of natural resources and certain private enterprises affected with
public interest
14. Non-suability of the State
15. Rule of the majority
16. Government of laws and not of men.
Chapter 4

Pre-Filipino Nationhood/Pre-Spanish Philippines

The pre-Western Filipino culture was not an advanced and sophisticated culture.

 Barangay governments existed over the entire archipelago.

 Barangay governments joined together as confederations such as Cebu, Manila,
Tondo and others headed by a rajah or lakan.

Spanish Imperialism and Colonialism (1565-1898)

Spanish conquest (1565) was swift and relatively bloodless but Muslim Filipinos resisted
colonization. The Spanish ideology sought to promote power in the world by both
spreading Catholicism and gaining mercantilism.

Features of the Spanish Colonial regime

 Assimilation of the barangays and centralization of authority;
 Filipinos were not allowed to participate in local governments except for the cabeza
de barangay and gobernadorcillo.
 Theocratic rule.
 Introduction of public administration

Socio-economic impact of Spanish Colonization

1. Concept of land ownership was transformed from communal to private;

2. Worsening agrarian problem;
3. Oppressive taxation which greatly burdened the poor;
4. Widening of socio-economic gap between the elite and the ordinary people;
5. The local economy (trade and commerce) was dominated by the Chinese
6. Racial discrimination of native Filipinos

The new socio-economic order created different social groups:

In Manila and its suburbs:

1. Spaniards;
2. Chinese mestizos
3. native principales (plus ilustrados)
4. Chinese
5. the people (masses)

In the rural areas:

1. Friars
2. principales
3. masses
Spain’s Colonial Legacy

 Filipino nationhood and nationalism

 A centralized government
 Spiritual (Catholicism)and cultural unity
 Brought the Philippines into the orbit of Western civilization;
 Economic dependency through mercantilism

The Spanish Colonial Government (1565-1898)

1. Spain developed a highly centralized government.

2. From 1565 to 1821, Spain ruled the Philippines through the Viceroy of Mexico.

3. The country was divided into political subdivisions.

The Philippine Revolution (1896-1898): Causes and Significance

It was Andres Bonifacio and the Katipunan (KKK), the secret revolutionary
organization which actually launched the Philippine Revolution in 1896 in the so - called
“Cry of Pugadlawin” or also referred to as “Cry of Balintawak (August 1896).

Causes:
1. The execution of three Filipino priest (Mariano Gomez, Jose Burgos, Jacinto Zamora)
Gomburza in 1872 that sparked militant nationalism
2. The Propaganda Movement including Rizal’s writings
3. The growing class of educated Filipinos (ilustrados). ex. La Liga Filipina

Significance of the Revolution:

1. It awakened Filipino nationalism and their consciousness as one nation;
2. It led to the establishment of the Malolos Republic or First Philippine Republic.

Governments during the Revolutionary Era (1896-1901)

1. The Katipunan Government organized by Andres Bonifacio in 1896 but was replaced by
the Tejeros Convention under Emilio Aguinaldo in 1897.
2. The Biak-na-Bato Republic headed by Aguinaldo
3. The Dictatorial Government declared by Aguinaldo on April 1898
4. The first Philippine Republic otherwise known as the Malolos Republic
Chapter 4
The Importance of Rizal to History

Through his conceptualization of the Association Internationale de

Philippinestes and his planned conference, Rizal divided Philippine history
into three periods, namely: precolonial Philippines, the loss of Philippine
Autonomy from 1521 to 1808, and finally from 1808 to the Cavite Mutiny in
1872.
Historians today refer to this type of periodization as the Tripartite View of
Philippine history. During the formation of the revolutionary movement under
Andres Bonifacio, the Katipuneros also incorporated the tripartite view in the
KKK’s initiation process, giving it a more revolutionary and localized
character by calling the pre-colonial period as Liwanag, the Spanish colonial
period as Dilim, and the period of liberation from Spain as Muling Liwanag.
Prospective members of the Katipunan had to memorize this before they
were accepted in the group.

Bipartite vs Tripartite

The perspective utilized by the Spaniards is known today in Philippine History

/ Historiography as the Bipartite View of History. It refers to the biased Vision
of colonialist to their colony to justify the perpetuation of colonial status quo.
It can be easily understood by this twofold framework: DARKNESS-LIGHT
(DILIMLIWANAG). Darkness here is metaphorically pertaining to
backwardness, while light means civilization. In the context of Spanish
colonialism, it advances the idea that the Philippines had no civilization
(Kadiliman) before the advent of Spanish colonialism. But when the
Spaniards conquered the archipelago, civilization (Liwanag) came
afterwards.
The opposing concept of the view explained earlier is the Tripartite View of
History. It refers to the idea of the colonial subjects against their colonizers
to deny the nobility of colonialism. The threefold framework is LIGHT-
DARKNESS-LIGHT, (LIWANAG-DILIM-MULING LIWANAG). The approach
centers on how 300 years of Spanish rule in the Philippines ruined the
advanced civilization of early Filipinos and the possibility of returning to their
glorious years when colonialism is eliminated.
The Tripartite View of History preoccupied the minds of many Filipino
Ilustrados who studied in Europe in the 19th century. Propagating it,
however, was not the endgame as it appeared only to be throwing stones at
each other. Telling the Spaniards that‘ they ruined the Philippines was
insufficient because it would only be branded as accusations and black
propaganda. What the Filipinos needed that time were solid evidence that
could rival the more dominant Views expressed by colonial sentinels.
Rizal’s contribution to historical writing arrived in the nick of time. His
massive research and accurate historical method laid the foundation of
Philippine historiography. He did this through mastering the technique he
learned from Europe, and applied this in his 1890 edition of Antonio de
Morga’ s Sucesos de las islas Filipinas.

Imperialism and Colonialism

Imperialism - policy of extending a country's power and influence through

diplomacy or military force.
Imperialism is the state policy, practice, or advocacy of extending power and
dominion, especially by direct territorial acquisition or by gaining political
and economic control of other areas, often through employing hard power,
but also soft power.

Colonialism - is the policy or practice of acquiring full or partial political

control over another country, occupying it with settlers, and exploiting it
economically.
Colonialism is a practice or policy of control by one people or power over
other people or areas, often by establishing colonies and generally with the
aim of economic dominance. In the process of colonisation, colonisers may
impose their religion, language, economics, and other cultural practices. In a
nutshell, colonialism can be thought of as the practice of domination and
imperialism as an idea behind the practice.

The 3 methods of imperialism

Three main forms of imperialism that developed were: Colonies.

Protectorates. Spheres of influence. A colony is a region owned by a country
but does not form part of the country. A protectorate is a nation in itself that
is governed by a government but relies entirely on another country for
protection against invasion from some other country. Sphere of influence is a
country or area in which another country has power to affect developments
although it has no formal authority.

Spanish Imperialism and Colonialism (1565-1898)

Note: Mercantilism is an economic policy that is designed to maximize the
exports and minimize the imports for an economy.