RIGHT TO REVOLT

The constitution in any democratic state enshrines the rule of law. Any action that operates beyond the framework of the rule of law is considered illegal. It sometimes happens, that the people rise in revolt against the existing administration and through force or threats succeed in altering the constituted organs of government. (Sinco, 1962).

The revolution, being an elemental right, is attributed to the state if it succeeds. It becomes legal since any action attributed to the state is legal. This is the legal and political basis of the doctrine of revolution.

In some other nations, the right to revolt is not included in their organic laws because it implies political instability of the state. From their points of view, to constitutionalize the right to revolt might encourage mob rule and set-off a chain of revolutions for capricious reasons.

The Philippines, provides otherwise. Section 1, Article II of the 1987 Philippine Constitution recognizes that the people, as the ultimate judges of their destiny, can resort to revolution as a matter of right. (De Leon, 1991). It recognizes the inherent right of the people to revolt if sufficiently provoked by oppression or abuses. From the time that the present Constitution took effect, twice that the people of the Philippines have exercised this basic right, but in the in more prudent and peaceful ways. In a span of 15 years, the Filipinos were able to overthrow two administrations haunted by graft and corruption and human rights violations. Those direct state actions were written in history as People Power 1 and People Power 2 respectively.

STATE VS. NATION

Nation is a population having a common language and literature, a common tradition and history, common customs, and a common consciousness of rights and wrongs, inhabiting a territory of a geographic unity. A society of men is said to constitute a nation when they feel conscious of their common racial or cultural or sentimental solidarity among themselves. In sum, a nation exists where its component atoms believe it to be a nation.

What are then the differences between nation and state? Nation is an ethnical concept while state is a political or legal concept. A state presupposes a government and a definite territory, while these are not necessary for a nation to exist. There can be a nation without there being a state, but where there is a state, there is at least one nation. A state may be made up of one or more nations, it is called a poly-national state. But where there is only one nation in one state, it is called a mono-national state.

STATE VS. GOVERNMENT

State has four basic elements: people, territory, government and sovereignty. The absence of any of these elements will not make a state a state. Thus, the state cannot exists without a government. There can be a government however even without there being a state. Government may exist as long as a particular society wanted to continue to have institutions that will carry out the rules of action which are necessary for them to live in a social state.

A state is permanent while a government is not. A government may come and go, it may be overthrown. But the state continues to be unimpaired and unaffected.

A state is an ideal person, intangible, indivisible and immtable. It can do no wrong. The government is an agency of the state. It is perfect if it acts within the sphere. Whatever done wrong is attributed to the government and not to the state.

ACT OF STATE

An act of state is an act done by the state in its exercise of sovereign power through its government or its delegate subject to the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings in a court of law.

Example of an act of state is the act of recognizing a newly-established foreign state or government.

DOCTRINE OF PARENS PATRIAE

Literally, parens patriae means father of the country. This doctrine has been defined as the inherent power and authority of the state to provide protection to the persons and property of the persons non-sui juris. Non-sui juris persons are those who lack the legal capacity to act on his own behalf like the child or the insane persons.

CONCEPT OF STATE

State is 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 inhabitants render habitual obedience.

States vary in shapes and sizes, cultures, forms of government, natural resources, language, etc. However, all states possess four elements: a) people, b) territory, c) government, and d) sovereignty. The absence of any of these elements will not make a state a state.

People are the inhabitants of the state. It is the entire body of those citizens of the state who are vested with political power for political purposes. There is no specific number of people required in order that a state be considered as one. However, it is important that the number must be numerous enough to be self-sufficient and to defend themselves and small enough to be administered. To date, the smallest state in terms of population is Vatican City with 826 citizens, who are mostly clerics and some Swiss guards. On the other hand, China is the largest state with 1.3 billion population. The Philippines is also fast growing state with 97,976,603 population. http://www.infoplease.com/ipa/A0004379.html

Territory is a fixed area or surface of the earth where the inhabitants of a state live and where they maintain a government of their own. There are three components of territory: a) the land mass otherwise known as the terrestrial domain, b) the internal and external waters, which make up the maritime and fluvial domain; and c) the air space above the land and waters, which is called the aerial domain.

For the sake of practicality, a territory must neither be too big as to be difficult to administer and defend nor too small as to be unable to provide for the needs of the population. The smallest state is Vatican City. It spreads across 0.17 square miles or .43 square kilometer. It would actually fit in Rizal Park in Manila. The biggest state is Russia with its total land area of 6,592.735 square miles.

A state may increase or decrease its territory by the acquisition of further territory through either (a) discovery and occupation; or (b) conquest; or (c) accretion; or (d) prescription; or (e) cession through gift, exchange, or purchase. It may decrease through its loss. The increase or decrease does not affect the personality of the state. What is important is there still exists a portion of its territory as an abode for its people.

Government is the institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. (Bernas, 2007). Simply, it refers to the agency through which the will of the state is formulated, expressed and implemented.

Government is different from administration although these two terms are often used interchangeably. Government refers to the institution while administration is the body of men running the government.

There is no particular form prescribed to the State, provided only that the government is able to represent the State in its dealings with other states. The mandate of the government is to always protect the welfare of the people.

Sovereignty is referred to as the supreme, absolute and uncontrollable power by which any state is governed. It has two manifestations: a) internal, which is the power of the State to rule within its territory; and b) external, which is the freedom of the State to carry out its activities without subjection to or control by other States. This is often called as independence.