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13.
11.
14.

Political Law Part IV Declaration of Principles

and State PoliciesPOLITICAL LAW PART IV

DECLARATION OF PRINCIPLES & STATE POLICIES

principle
Article
It
is to be
22of
admitted
ofpostliminy
the Vienna
any(postliminium)
state
Convention
may, by
onits
Diplomatic
consent, express
Relations.
or implied, submit to a restriction of its sovereign rights
a. The basic principles underlying the 1935, 1973 and 1987 Constitutions.
b.Manifestations of a republican state.
c. Define state
COLLECTOR VS. CAMPOS RUEDA, 42 SCRA 23
d. Elements of a state. Define each:
1. people
2. territory
3. sovereignty
4. government
e. Different meanings of the word people as used

in the constitution:

1. as inhabitants (Art. XIII, Sec. 1; Art. III, Sec. 2);

2. as citizens (Preamble; Art. II, Sec. 1 & 4; Art. III, Sec. 7);
3. as voters (Art. VII, Sec. 4)
f. Presidential & parliamentary forms of government
Read:
1.

FREE TELEPHONE WORKERS UNION VS. OPLE, 108 SCRA 757

The government of the Philippines under the 1973 Constitution is essentially presidential with parliamentary features.
2. LEGASPI VS. SEC. OF FINANCE, 115 SCRA 418
The form of government is essentially parliamentary with presidential features.
g. Two-fold function of the government
Read:
1)BACANI VS. NACOCO, 100 Phil. 468 (Ministrant [merely directory] and Constituent [Mandatory] Functions)
2) ACCFA VS. CUGCO, 30 SCRA 649
Due to complexities of the changing society, the two-fold function of the government as classified by President Wilson is
no longer relevant.
h. Parents Patriae
Read:
1) GOVT. VS. MONTE DE PIEDAD, 35 Phil 738
2) CABANAS VS. PILAPIO, 58 SCRA 94
i. De jure govt.? De facto govt.?
Read:
1. AQUINO VS. COMELEC, 62 SCRA 275 (on the de jure aspect)
2. In Re: SATURNINO BERMUDEZ, 145 SCRA 160
A government formed as a result of a peoples revolution, is considered de jure if it is already accepted by the family of
nations or other countries like the United States, Great Britain, Germany, Japan, and others.
3.

Estrada vs. Macapagal & Desierto, infra.

j. The three (3) kinds of de facto government?

Read: CO KIM CHAM VS. VALDEZ TAN KEH, 75 Phil. 113
There are several kinds of de facto governments.
a.
The first, or government de facto in a proper legal sense, is that government that gets possession and control
of, or usurps, by force or by the voice of the majority, the rightful legal governments and maintains itself against the will
of the latter, such as the government of England under the Commonwealth, first by Parliament and later by Cromwell as
Protector.