2nd Lecture PolGov 2019

POLYTECHNIC UNIVERSITY OF
1 THE PHILIPPINES
UNDERSTANDING THE
NATURE OF STATE
By: Dr. Emilio N. Timoteo Jr.

• the most powerful of all social institutions.
• A group 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.
• A community of persons more or less numerous,
permanently occupying a definite, portion of territory,
independent of external control, and possessing an
organized government to which the great body of its
inhabitants render habitual obedience. (De Leon, 2000)
THEORIES OF STATE
ORIGIN
• Divine Theory – the state is of divine origin, all
political authority emanates from God.
• Social Contract Theory - this theory states that
men agreed among themselves to live under one civil
society or body politic. A person surrendered his
natural liberty but gained in return the protection
and civil rights guaranteed by the governments.
• Force Theory – the state has arisen through sheer
force; a tribe conquering other tribes to form a
kingdom.
GROUP ACTIVITY
• Instruction:
1. Group the Class
2. Assign a leader who will facilitate the activity and a
secretary who will record the discussions
3. Answer this; What is the difference between
Nation and State?
DIFFERENCE BETWEEN
NATION AND STATE?
• State is a legal or juristic concept, while Nation is
an ethnic or racial concept.
• Nasci = to be born indicates a relation of birth or
origin and implies a common race.
Thus, a nation may comprise several states Example:

Egypt, Iraq, Saudi, Lebanon, Jordan, etc. belong to
Arab nation.
Nation
• an ethnic concept while a state is a legal concept.
• came from the Latin word “nasci” meaning to be born,
indicates a relation of birth or origin
• implies a common race, usually characterized by community of
language and customs.
• group of people who are bound together into a single body,
• through history, customs, value, language, culture, tradition, art
& religion
STATE
• a word that has been derived from the Latin’s

‘Status’, which means ‘status’ or ‘condition’
• a patch of land with a sovereign government.
• a politico-judicial entity, which is identified by its
sovereign rights
SUMMARY
• A state is sometimes used as a synonym for nation or country.
• States together, form a nation.
• A nation can be defined as a politico-cultural entity, which is identified by
its unique character and collective rights. On the contrary, a state can be
defined as a politico-judicial entity, which is identified by its sovereign
rights.
• A nation can be defined as group of people who are bound together into
a single body, through history, customs, value, language, culture, tradition,
art and religion. A state can be defined as a patch of land with a sovereign
government.
• A nation can be referred to as the holder of sovereignty.
• Policies pertaining to national interest are taken by the government at the
national level, but the state governments cannot formulate such policies.
ELEMENTS OF A STATE
A. People
B. Territory
C. Government
D. Sovereignty
A. PEOPLE
• Different meanings as used in the 1987
Constitution:
– Inhabitants (sec. 2, Art III; sec. 1, Art. XIII);
– Citizens (sec. 1 & 4, Art II; sec 7, art. III);
– Electors (sec. 4, Art.VII)
• As a requisite for Statehood, there should be
an adequate number for self-sufficiency and
defense; of both sexes for perpetuity.
WHAT IS THE DIFFERENCE
BETWEEN CITIZENSHIP AND
NATIONALITY?
Citizenship Nationality
• Legal or juristic • Ethnic or racial
• Can be • Absolute,
changed or Innate
taken-back
B.TERRITORY
The National Territory
Sec. 1, Art. I: 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 PHILIPPINE
TERRITORY :
1. Terrestrial = land
2. Fluvial = internal waters
3. Aerial domains = aerospace
4. Marine = external waters both
surface and sub-aquatic
C. GOVERNMENT
• The agency or instrumentality through

which the will of the State is formulated,
expressed and realized.
• Our Constitution, however, requires our
government to be democratic and
republican.
C. GOVERNMENT
Section 1, Art II. The Philippines is a democratic
and republican State. Sovereignty resides in the
people and all government authority emanates
from them.
REPUBLICAN
• It is one wherein all government authority
emanates from the people and is exercised by
representatives chosen by the people.
C. GOVERNMENT
DEMOCRATIC
This emphasizes that the Philippines has some aspects of direct
democracy such as initiative and referendum.
• Initiative -- Initiative" is the power of the people to
propose amendments to the Constitution or to
propose and enact legislations through an election
called for the purpose.
• Referendum-- is the power of the electorate to approve
or reject a legislation through an election called for
the purpose
D. SOVEREIGNTY
• The supreme and uncontrollable power innate

in a State by which that State is governed.
• Sovereignty resides in the people and all
government authority emanates from them. (Sec. 1
Art.II)
DUTIES OF THE STATE
1. Peace and Order

2. Political Harmony (Good Laws)
3. Social Justice
4. Economic Development
REFERENCES
Political Law, Isagani Cruz

Philippine Constitution De Leon, 1997
Chan Robles Virtual Law Library
Law Phil Project
Great Political Theories

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POLYTECHNIC UNIVERSITY OF

By: Dr. Emilio N. Timoteo Jr.

Thus, a nation may comprise several states Example:

• a word that has been derived from the Latin’s

• The agency or instrumentality through

• The supreme and uncontrollable power innate

1. Peace and Order

Political Law, Isagani Cruz

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