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Elements of State
People
the inhabitants living within the state
no requirement as to the number of people that should compose a state
small enough to be well-governed and large enough to be self-sufficing
Territory
fixed portion of land over which the jurisdiction of the state extends (territorial domain)
the rivers and lakes therein, a certain area of the sea which abuts upon its coasts (fluvial and
maritime domain), and the air space above the land and the waters. (Aerial domain).
the domain of the state may be described as
terrestrial,
fluvial,
Maritime,
Aerial.
Government
the agency through which the will of the state is formulated, expressed and carried out
to the person or aggregate of those persons in whose hands are placed for the time being the
function of political control.
“body of men” is usually spoken of as “administration”.
ordinary citizens of a country are a part of the state., but are not part of the government
Sovereignty.
the supreme power of the state to command and enforce obedience to its will from people within
its jurisdiction and corollarily
to have freedom from foreign control.
two manifestations:
Internal
the power of the state to rule within its territory
External
the freedom of the state to carry out its activities without subjection to or control by other states
External sovereignty is often referred to as independence
Origin of States
control;
A single state may consist of one or more nations or peoples and conversely
In common usage, however, the two terms are often used synonymously. The Constitution uses
them interchangeably.
State Distinguish from Government
the acts of the government (within the limits of the delegation of powers) are the acts of the
state
The government is only the agency through which the states articulate its will
Government is the agent, state is the principal
A state cannot exist without a government
it is possible to have a government without a state.
we had various governments at different periods, There was no Philippine state during those
periods when we were under foreign domination
Consequence of absence
Government exists to do these things which by their very nature, it is better equipped to
administer for the public welfare than any private individual or group of individuals.
without an organized structure of government, anarchy and disorder, and a general feeling
of fear and insecurity will prevail in society, progress and development will not be possible,
and values taken for granted in a free modern society such as truth, freedom, justice, equality,
rule of law, and human dignity can never be enjoyed
Forms of Government
(a) Monarchy
one in which the supreme and final authority is in the hands of a single person without
regard to the source of his election of the nature or duration of his tenure
1) Absolute monarchy or one in which the ruler rules by divine right; and
2) Limited monarchy or one in which the ruler rules in accordance with a constitution;
(b) Aristocracy or one in which political power is exercised by a few privileged class
which is known as an aristocracy or oligarchy; and
(c) Democracy or one in which political power is exercised by a majority of the people.
1) Direct or pure democracy or one in which the will of the state is formulated or
expressed directly and immediately through the people in a mass meeting or primary
assembly rather through the medium of delegates or representatives chosen to act for them
(a) Unitary government or one in which the control of national and local affairs is
exercised by the central or national government; and
(b) Federal government or one in which the powers of government are divided between
two sets of organs, one for national affairs and the other local affairs, each organ being
supreme within its own sphere. The United States is a federal government.
(3) As to relationship between the executive and the legislative branches of the government:
(a) Parliamentary government or one in which the state confers upon the legislature
the power to terminate the tenure of office of the real executive. Under this system, the
Cabinet or ministry is immediately and legally responsible to the legislature and immediately
or politically responsible to the electorate, while the titular or nominal executive – the Chief of
State – occupies a position of irresponsibility;
(b) Presidential government or in one in which the state makes the executive
constitutionally independent of the legislature as regards his tenure and to a large extent as
regards his policies and acts, and furnishes him with sufficient powers to prevent the
legislature from trenching upon the sphere marked out by the constitution as executive
independence and prerogative.
Governance and Government
governance includes three sectors: the public sector (state actors and institutions),
the private sector (households and companies),
and the civil society (non-governmental organizations).
These three sectors are said to work hand in hand in the process of governance.
the term focuses on the role of “networks” in the achievement of the common good, whether
these networks are intergovernmental, transnational, or international
In other words, governance is broader than government in that other sectors are included in it.
government refers to a central institution which wields power over its subjects.
the instrument patterned after the model of “command and control,” the government being in
command over the affairs of the people.
governance is closely associated with the concept of decentralization of power and the need for
inter-sectoral management.
Governance is based on the realization that the government cannot do everything for the
people, so that in order to survive the state should not only rely on government but also on
the other sectors of the society.
there is a need to move from the “traditional hierarchical exercise of power by the government”
to the new notion of a “dispersed and relational power in governance”
Implementation is the process that logically follows the decision; it entails the actualization or
materialization of the plan or decision
the two processes necessarily go hand-in-hand in, and are constitutive of governance
government is almost always the main actor in governance, whether it is in the corporate,
international, national or local level.
The government is called the “public sector.” While it is the biggest actor in governance, it is not
the only actor
in order to meet the growing demands of development, are managed in different levels by
various actors
communist governments work with other sectors, especially with international organizations and
multi-national corporations, in meeting their communist ends.
The main role of the public sector is to provide an enabling environment for the other actors
of governance to participate and respond to the mandate of the common good.
All actors other than the government are called the “civil society.”
The study of Philippine governance, however, includes the business or private sector as an
indispensable partner in development. To cope with the ever growing demands of
development, the public sector must necessarily tie-up with the private sector most especially in
the financial
informal actors also exist, such as organized crime syndicates and powerful families.
influence is felt more clearly in local governments, and in rural and urban areas.
these actors are the cause of corruption, in that legitimate government objectives are distorted
by their illegal and private interests
they manipulate government officials and agencies, and cause widespread yet organized
violence in the community
the rich and powerful families control the economy by controlling the local government officials.
They bring about a controlled environment so that decisions must always favor them
even government officials, both local and national, are not just influenced but themselves
members of organized crime syndicates with the purpose of using public office and,
consequently, public funds for personal aggrandizement.
When these actors and informal structures disrupt, corrupt and upset the legitimate objectives
and ideals of the society, bad governance will result which is considered as the chief
problem of the society.
In as much as economics and politics are interrelated, poor economy is caused by bad
governance
International aids and loans, for instance, are scarce in a badly governed country
International donors and financial institutions are increasingly basing their aid and loans on
the condition that reforms that ensure “good governance” are undertaken
current economic and political goals of countries all over the world are aimed at “good
governance.”
(1) Participatory; (2) Rule of Law; (3) Effective and Efficient; (4) Transparent; (5)
Responsive; (6) Equitable and Inclusive; (7) Consensus Oriented; and (8) Accountability.
without active participation among the various actors in governance, there would be a
concomitant lack of responsiveness
good governance and development should not be based exclusively on economic growth.
good governance and development signify a broader spectrum of things, such as protection of
human rights, equitable distribution of wealth, enhancement of individual capabilities and
creation of an enabling environment to foster participation and growth of human potentials
sustainable development necessitates “people empowerment” and “respect for human rights.”
economic prosperity or the minimization of poverty and unemployment depends on how
the state unleashes the full potential of its human resource by recognizing their vital roles
and according full respect for human rights.
Participation
Good governance essentially requires participation of different sectors of the society
Participation means active involvement of all affected and interested parties in the
decision-making process.
It requires an enabling environment wherein pertinent information is effectively disseminated
and people could respond in an unconstrained and truthful manner.
It also means gender equality, recognizing the vital roles of both men and women in
decision-making.
The 1987 Philippine Constitution is replete of provisions dealing with relational and inter-sectoral
governance. The Local Government Act of 1989 was borne out of the need for decentralization
in Philippine governance. As such, these and other related legislations may be considered as
normative standards for good governance.
Rule of Law
Not even the government can arbitrarily act in contravention of the law
Rule of law demands that the people and the civil society render habitual obedience to the
law
It also demands that the government acts within the limits of the powers and functions
prescribed by the law.
The absence of rule of law is anarchy.
rule of law means “peace and order,” “absence of corruption,” “impartial and effective
justice system,” “observance and protection of human rights,” and “clear, publicized,
and stable laws.”
Good governance requires that the institutions, processes, and actors could deliver and
meet the necessities of the society in a way that available resources are utilized well.
the different actors meet the needs of the society means that there is effective
governance.
That the valuable resources are utilized, without wasting or underutilizing any of them,
means that there is efficient governance.
Effectiveness (meeting the needs) and efficiency (proper utilization of resources) must
necessarily go together to ensure the best possible results for the community.
Transparency
means that people are open to information regarding decision-making process and the
implementation of the same.
In legal terms, it means that information on matters of public concern are made available to
the citizens or those who will be directly affected.
transactions involving public interests must be fully disclosed and made accessible to the
people.
anchored on the democratic right to information and right to access of the same
Transparency is necessary not just from government transactions but also in those transactions
of the civil society and private sector imbued with public interests
When there is transparency, people are placed in a better position to know and protect their
rights as well as denounce corrupt or fraudulent practices in the public sector and in the
private sector
Responsiveness
that institutions and processes serve all stakeholders in a timely and appropriate manner.
that actors and structures of governance easily give genuine expression to the will or desire
of the people
the interests of all citizens must be well protected in a prompt and appropriate manner so
that each of them can appreciate and take part in the process of governance
responsiveness is also a characteristic sought from the private sector and civil society,
more is demanded from the government or the public sector.
important efforts made to attain responsive governance in the Philippines are decentralization,
creation of citizen’s charter in all frontline agencies (as required by ARTA), and gender
sensitivity programs.
through decentralization, local governments, which are more proximate to their constituents,
serve more promptly the people, who in turn become more involved in decision-making
Second, every government agency now has it Citizen’s Charter, which provides timeframes for
every step in attaining frontline services.
Agencies now must also respond to written queries sent by the stakeholders or interested
parties within a period of ten days, otherwise there will be delayed service
all the members of the society, especially the most vulnerable ones or the grassroots level,
must be taken into consideration in policy-making.
Everyone has a stake in the society and no one should feel alienated from it.
those who belong to the grassroots level must not only be the subject of legislation but they
must be given the opportunity to participate in decision or policy making.
The Philippine Government has done extensive efforts in promoting equity and inclusiveness.
The Constitution makes it as one of its state policies the promotion of social justice
the Congress has enacted social legislations like the Comprehensive Agrarian Reform Law
which aims at freeing the farmer tenants from the bondage of the soil.
representation in the Congress, under the party list system, is constitutionally mandated to have
sectoral representation of the underprivileged.
Gender and Development programs are in the process of being integrated with the various
structures and institutions in the country.
But legislation is one thing; implementation is another
It is in the faithful implementation of these laws that the country failed. Inequality is
especially felt in the justice system, electoral system, and even in the bureaucracy itself.
Consensus Oriented
Governance is consensus oriented when decisions are made after taking into consideration
the different viewpoints of the actors of the society
Mechanisms for conflict resolution must be in place because inevitably conflict that will arise
from competing interests of the actors
To meet the consensus, a strong, impartial, and flexible mediation structure must be established
Without such, compromises and a broad consensus cannot be reached that serves
that best interest of the whole community.
Among the things done by the Philippines in promoting a consensus oriented governance are:
(1) creation of a wide-based of representation in the Congress;
(2) a two-tiered legislature or bicameralism which subjects legislation to the evaluation of
national and district legislators;
(3) necessity of public hearings or consultations of various governmental policies and
actions.
Accountability
based on the principle that every person or group is responsible for their actions most
especially when their acts affect public interest.
The actors have an obligation to explain and be answerable for the consequences of
decisions and actions they have made on behalf of the community it serves
The Philippines in the recent years had endeavored to comply with the requirements of
accountability
It had put in action the concept of political accountability as it held answerable erring public
officials involved in graft and corruption and for acts contrary to the mandate of the
constitution.
It had also strengthened parliamentary scrutiny through legislative investigations and creation of
special committees exercising oversight functions.
The Office of the Ombudsman, considered as the public watchdog, has become ever so active
in investigating and prosecuting graft and plunders cases
Citizen’s Charter, as required by ARTA, was also an important tool in promoting professional
public service values