lative positions. One department limits its activity to making laws; the other to executing them. This theory gave rise to the so-called presidential form of government.

The other theory is that the two departments should work with as much coöperation as possible, even permitting officials to occupy two positions, as legislator and executive, at the same time. This theory gave rise to the so-called cabinet, or parliamentary, system of government. In the extreme type of parliamentary government, like the British, those responsible for the execution of the laws - the cabinet - are also members of the legislature; in fact, they are the legislative leaders. In this case, the formulation and execution of the will of the state are in the same hands.

The judiciary performs a double function. It helps both in the formulation and execution of the state will. When a court gives an interpretation of a law passed by the legislature, it helps formulate the will of the state. When it punishes a criminal in accordance with the law, it helps in the execution of the will of the state.

In many states ruled by a constitution promulgated by the sovereign people, the judiciary becomes the main interpreter of that instrument, and can restrain both the executive and the legislature from violating the constitution. In order that the judiciary may perform its work well, a certain amount of independence is conceded to be necessary. Therefore, in all successful governments, the judiciary has been placed beyond the control of the other departments.

10. The Study of Government. - Governments are becoming more paternalistic every year. During the Great European War, many governments even went to the extent of limiting the amount of food one individual might eat. The government took over commercial enterprises and thus became, in many cases, a merchant. It took over many

industrial establishments and thus became a manufacturer. It regulated and supervised the productive forces of the country. The welfare of the state was the only limit to government activities.

With the coming of peace, the nations have relaxed much of their paternalistic care of the people, but a great deal of that paternalism will remain. The state, through its government, will continue, not only to protect life and property and to mete out justice to the criminal, but also to supervise and even control those things which concern the public welfare.

The problems of government are therefore as vast and important as human affairs. The people must see to it that the tremendous powers of the government are not misused: that the public welfare is ever its goal; that it always carries out the will of the citizens; that corruption and inefficiency do not waste the nation's substance; and that it lives up to its primal functions of justice and protection for all. In fine, the people should see that the government continues to be the efficient and responsible organ of the state.

The study of the state, and principally of its organ, the government-its development, structure, and functionsare, therefore, of vital importance, especially to a people desirous of assuming for themselves the supreme sovereign powers of a state.

11. The Government of the Philippine Islands.-We learn that the Philippine Islands does not constitute a "state" for it lacks the element of independence or freedom from external control. The Philippines, however, has a government which is the creation of the Government of the United States. The Administrative Code, section 2, defines the Government of the Philippine Islands as the corporate governmental entity through which the functions of govern

ment are exercised throughout the Philippine Islands, including the various arms through which political authority is made effective in said Islands, whether pertaining to the central Government or to the provincial or municipal branches, or other form of local government."

CHAPTER II

PRE-SPANISH GOVERNMENT

12. Origin of States. There are several theories as to how states originated. Some attribute the first formation of states to a deliberate compact among the people themselves after discovering the need for a governmental organization; for mutual advantage and protection, the people got together and formed societies the forerunners of the present states. Others would give states a divine origin, pointing as examples to the laws which Moses received from God at Mount Sinai. Others would say that the formation of the first state was due to force the compulsion of a people by strong warriors to establish a compact organization equivalent to the state. Still another theory is that the early states were simply the enlargement of the family, which remained under the authority of the father or mother.

The modern accepted theory is that states were formed by gradual evolution, in which the elements of force, contract, divine origin, and family connections, each played an important part.

13. Early Philippine State Organization: the Barangay. - No definite and authoritative description can be had of the pre-Spanish governmental organization. Nevertheless we know that the Filipinos, upon the arrival of the Spaniards, did not form a single, national state.

Most authorities agree that the barangay formed the governmental unit. The word "barangay," corrupted from "balangay," means a boat, thus confirming the theory as