Difference between state and nation

State is a Political Organization while Nation is a social, cultural, psychological, emotional and political unity:
The State is a political organization which fulfills the security and welfare needs of its people. It is concerned with
external human actions. It is a legal entity. On the other hand, a Nation is a united unit of population which is full of
emotional, spiritual and psychological bonds. A nation has little to do with the physical needs of the people.
Sovereignty is essential for State but not for Nation:
Sovereignty is an essential element of the State. It is the soul of the State. In the absence of sovereignty, the State loses
its existence. It is the element of sovereignty which makes the state different from all other associations of the people. It
is not essential for a nation to possess sovereignty. The basic requirement of a nation is the strong bonds of emotional
unity among its people which develop due to several common social cultural elements.
Difference between state and government
A government is an organization or institution that creates and executes laws and policies in a society. It is given the
power to administer over a particular area and its inhabitants. A government is the political administration of a country
or state. A state is the geographic entity that has a distinct fiscal system, constitution, and is sovereign and independent
from other states as recognized by them. It is where a government can exercise its powers.
A government cannot exist without a state, and a state cannot run without a government. Although the government
controls the state, governments change according to the will of the people while the state remains as it is no matter who
runs it.
Principle of archipelagic doctrine of territoriality
To emphasize unity, an imaginary single baseline is drawn around the islands by joining appropriate points of the
outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part
of its territory.
The main purpose of the archipelagic doctrine is to protect the territorial interests of an archipelago, that is, the
territorial integrity of the archipelago. Without it, there would be “pockets of high seas” between some of our islands
and islets, thus foreign vessels would be able to pass through these “pockets of seas” and would have no jurisdiction
over them. Thus, foreign vessels may just enter anytime at will, it will pose danger to the security of the State. However,
applying the doctrine, even these bodies of water within the baseline, regardless of breadth, form part of the
archipelago and are thus considered as internal waters subject to its exclusive sovereignty.
Importance of constitution in rule of law
The rule of law is a basic concern in the creation of the Constitution. Constitutional law can only be fully and effectively
implemented when the laws of a country or region as a whole are respected by the citizenry and the Government. When
such a condition has come to pass, then it may be considered that the rule of law is present. The Importance of a
Democratic Constitution like in the Philippines we are a democratic country. In a democracy, the rule of law protects the
rights of citizens, maintains order, and limits the power of government. All citizens are equal under the law. No one
may be discriminated against on the basis of their race, religion, ethnic group, or gender. No one is above the law, not
even a king or an elected president. The law is fairly, impartially, and consistently enforced, by courts that are
independent of the other branches of government. . In a rule of law society, government officials are not supreme; they
are always constrained by enduring legal principles; and this constraint is called the rule of law. Rule of law implies that
every citizen is subject to the law, including law makers themselves. In this sense, it stands in contrast to an autocracy,
dictatorship, or oligarchy where the rulers are held above the law.
In general, the greater the extent of respect for the constitution, the greater the adherence to the rule of law...provided,
of course, that the constitution prescribes the supremacy of a system in which the rule of law guides the society to
proceed in the direction in which its people want it to go. For Constitutional law to function, by contrast, even the
administrators of the law must be subject to its provisions.
Separation of church and state
Article II, Section 6 of the Philippine Constitution declares that: “The separation of Church and State shall be inviolable.”
The provisions cited above could be summarized in the following: the state could not prescribe any official religion nor
could it enact laws or commit acts that limit the exercise of or interferes with the practice of any religion.
When the government favors a particular religion it conveys a message of exclusion to all those who do not adhere to
the favored beliefs. A government cannot be premised on the belief that all persons are created equal when it asserts
that God prefers some. Religious institutions that use government power in support of themselves and force their views
on persons of other faith or of no faith, undermine all our civil rights. Erecting the wall of separation between church
and state, therefore, is absolutely necessary in a free society.
Supremacy of civilian authority over military
This principle of supremacy of the civilian authority over the military is inherent in every democratic and republican
State like ours where “sovereignty resides in the people and all government authority emanates from them. It is an
important safeguard against any military takeover and the rise of military dictatorship. So it has to be preserved and
upheld at all times.
a civilian, the President is the commander-i-chief of all armed forces of the Philippines - the army, the navy, and the air
force. As commander –in-chief, he issues orders to the armed forces. Even the appointment of their high-ranking
officers is vested in the President with the consent of the Commission on Appointments of Congress. Along with
Congress, the President determines the military budget and defines the national policy on defense security. the principle
simply means that the Church is not interfere in purely political matters or temporal aspects of man’s life and the State,
in purely matters of religion and moral, which are the exclusive concerns of the other
Republicanism
Republicanism is a political ideology in opposition to monarchy and tyranny. Republicans hold that a political system
must be founded upon the rule of law, the rights of individuals, and the sovereignty of the people. It is also closely
connected to the idea of civic virtue, the responsibility citizens owe to their republic, and to opposition to corruption, or
the use of public power to benefit the politician.
Democracy
Democracy allows people to participate equally—either directly or through elected representatives—in the proposal,
development, and creation of laws. It encompasses social, economic and cultural conditions that enable the free and
equal practice of political self-determination. A democratic government contrasts to forms of government where power
is either held by one, as in a monarchy, or where power is held by a small number of individuals, as in an oligarchy or
aristocracy.
Direct democracy is a form of democracy in which people vote on policy initiatives directly. This is different from a
representative democracy, in which people vote for representatives who then vote on policy initiatives.
Representative democracy is a variety of democracy founded on the principle of elected people representing a group of
people. For example, three countries which use representative democracy are the United States of America, etc.
Citizenship suffrage (right to vote) qualifications in the Philippines
The answer to this could be found in the Constitution, particularly Sec. 1, Art. V. The qualifications for a voter are:
1. Citizen of the Philippines
2. Not disqualified by law
3. At least 18 years old
4. Resident of the Philippines for at least 1 year immediately before the election
5. Resident of the place where they propose to vote at least 6 months immediately before the election
Modes of acquiring citizenship:
1) Jus Soli – acquisition of citizenship on the basis of place of birth
 2) Jus Sanguinis – acquisition of citizenship on the basis of blood relationship
3) Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-born citizen
Democracy and republican
Rule by the omnipotent majority. In a democracy, an individual, and any group of individuals composing any
minority, have no protection against the unlimited power of the majority. It is a case of Majority-over-Man. A republic is
similar to a representative democracy except it has a written constitution of basic rights that protect the minority from
being completely unrepresented or overridden by the majority. Idea of republic is to make laws and let people be free
as long as laws aren't violated but democracy is simply to go with the majority to govern people and the people has to
accept the majority decision on every issue.
Definition of “Republican State”
It is one wherein all government authority emanates from the people and is exercised by representatives chosen by the
people. a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected
officers and representatives responsible to them and governing according to law. Ruled by law. Republic means the
constitution and law of any state or nation. It is created for maintaining peace in the nation as well for the establishing
rules, regulation and rights for people or the citizen.
Definition of Democratic State
This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum. A
government in which the supreme power is vested in the people and exercised by them directly or indirectly through a
system of representation usually involving periodically held free elections. Ruled by the majority. Democracy is the rights
of people who select their leader by votes, and takes active participation in Government affairs. It supports majority
votes, freedom, fairness etc.
Rule of law
"... Refers to a principle of governance in which all persons, institutions and entities, public and private, including the
State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and
which are consistent with international human rights norms and standards." All government officials and all private
citizens must follow the laws of the nation and must be treated equally under the law. The government is created by and
for the people and is answerable to the people.
Constitution
The system of fundamental principles according to which a nation, state, corporation, or the like, is governed. The basic,
fundamental law of a state which sets out how that state will be organized and the powers and authorities of
government between different political units and citizens. The basic law or laws of a nation or a state which sets out
how that state will be organized by deciding the powers and authorities of government between different political units,
and by stating the basic law-making and structural principles of society.
Powers of government
The Government of the Philippines (Filipino: Pamahalaan ng Pilipinas) is the national government of the unitary state of
the Philippines. It is a presidential, representative, and democratic republic where the President of the Philippines is
both the head of state and the head of government within a diverse multi-party system.
The government has three interdependent branches: the legislative branch, the executive branch, and the judicial
branch. The powers of the branches are vested by the Constitution of the Philippines in the following: Legislative power
is vested in the two-chamber Congress of the Philippines—the Senate is the upper chamber and the House of
Representatives is the lower chamber.
Executive power is exercised by the government under the leadership of the President. Judicial power is vested in the
courts with the Supreme Court of the Philippines as the highest judicial body.
Article IV
CITIZENSHIP
The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of
majority; and
(4) Those who are naturalized in accordance with law.
SEC. 2.
Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3),
Section 1 hereof shall be deemed natural-born citizens.
SEC. 3.
Philippine citizenship may be lost or reacquired in the manner provided by law.
SEC. 4.
Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are
deemed, under the law, to have renounced it.
SEC. 5.
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

Article V
SUFFRAGE
SEC. 1.
Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen
years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to
vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement
shall be imposed on the exercise of suffrage.
SEC. 2.
The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other
persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.

Scope of Suffrage
1. Election – means by which people choose their officials for definite and fixed periods and to whom they entrust, for
the time being as their representatives, the exercise of powers of government.
2. Plebiscite – the vote of the people expressing their choice for or against a proposed law or enactment submitted to
them.
3. Referendum – It is the submission of the law or part passed by the national or local legislative body to the voting
citizens of a country for their ratification or approval.
4. Initiative – the process whereby the people directly propose and enact laws.
5. Recall – method by which a public officer may be removed from office during his tenure or before the expiration of
his term by a vote of the people after registration of a petition signed by a required percentage of voters
BRANCHES OF THE PHILIPPINE GOVERNMENT: SEPARATION OF POWERS

The Philippines is a democratic and republican state. As a republican state, sovereignty resides in the People and all
government authority emanates from them (Constitution, Art. III, Sec. 1). “A Republican form of government rests on
the conviction that sovereignty should reside in the people and that all government authority must emanate from them.
It abhors the concentration of power on one or a few, cognizant that power, when absolute, can lead to abuse, but it
also shuns a direct and unbridled rule by the people, a veritable kindling to the passionate fires of anarchy. Our people
have accepted this notion and decided to delegate the basic state authority to principally three branches of government
— the Executive, the Legislative, and the Judiciary – each branch being supreme in its own sphere but with
constitutional limits and a firm tripod of checks and balances .”

The Executive Branch

The executive branch is headed by the President, who is elected by a direct vote of the people. The term of office of the
President, as well as the Vice-President, is six (6) years. As head of the Executive Department, the President is the Chief
Executive. He represents the government as a whole and sees to it that all laws are enforced by the officials and
employees of his department. He has control over the executive department, bureaus and offices. This means that he
has the authority to assume directly the functions of the executive department, bureau and office or interfere with the
discretion of its officials. Corollary to the power of control, the President also has the duty of supervising the
enforcement of laws for the maintenance of general peace and public order. Thus, he is granted administrative power
over bureaus and offices under his control to enable him to discharge his duties effectively.
The President exercises general supervision over all local government units and is also the Commander-in-Chief of the
Armed Forces of the Philippines.
Under the existing Presidential form of government, the executive and legislative branches are entirely separate, subject
only to the mechanisms of checks and balances. There were attempts to amend the Constitution in order to shift to a
parliamentary system, but these moves were struck down by the Supreme Court. The most recent petition that reached
the Supreme Court is Lambino vs. COMELEC.

The Legislative Branch

The legislative branch, which has the authority to make, alter or repeal laws (see also the definition of “legislative
power“), is the Congress. “Congress is vested with the tremendous power of the purse, traditionally recognized in the
constitutional provision that ‘no money shall be paid out of the Treasury except in pursuance of an appropriation made
by law.’ It comprehends both the power to generate money by taxation (the power to tax) and the power to spend it
(the power to appropriate). The power to appropriate carries with it the power to specify the amount that may be spent
and the purpose for which it may be spent.
Under a bicameral system, the Congress is composed of the Senate and the House of Representatives.
The Senate is composed of twenty-four (24) Senators, who are elected at large by the qualified voters of the Philippines.
The term of office of the Senators is six (6) years.
The House of Representatives, on the other hand, is composed of not more than two hundred and fifty (250) members,
unless otherwise fixed by law, who are elected from legislative districts apportioned among the provinces, cities and the
Metropolitan Manila area, and those who are elected through a party-list system of registered national, regional and
sectoral parties or organizations. The term of office of members of the House of Representatives, also called
“Congressmen,” is three (3) years.

The Judiciary
Judicial power is vested in the Supreme Court and in such lower courts as may be established by law. The judiciary has
the moderating power to determine the proper allocation of powers between the branches of government. When the
“judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments;
it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation
assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for
the parties in an actual controversy the rights which that instrument secures and guarantees to them.” In the words of
Chief Justice Reynato S. Puno: The Judiciary may not have the power of the sword, may not have the power of the purse,
but it has the power to interpret the Constitution, and the unerring lessons of history tell us that rightly wielded, that
power can make a difference for good.
While Congress has the power to define, prescribe and apportion the jurisdiction of the various courts, Congress cannot
deprive the Supreme Court of its jurisdiction provided in the Constitution. No law shall also be passed reorganizing the
judiciary when it undermines the security of tenure of its members. The Supreme Court also has administrative
supervision over all courts and the personnel thereof, having the power to discipline or dismiss judges of lower courts.
The Supreme Court is composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, in its discretion,
in divisions of three, five or seven members. A member of the Supreme Court must be a natural-born citizen of the
Philippines, at least forty (40) years of age and must have been for fifteen (15) years or more a judge of a lower court or
engaged in the practice of law in the Philippines. Justices hold office during good behavior until they reach the age of
seventy (70) years or become incapacitated to discharge the duties of their office.