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1899 Malolos Constitution THE PH REPUBLIC

 Promulgated by President Emilio Emilio Aguinaldo - President &


Aguinaldo on January 21, 1899
Apolinario Mabini - Secretary of Foreign Affairs
Achievements of 1899 Malolos Cons.
Teodoro Sandico - Secretary of Interior
 The ratification of the Philippine
Baldomero Aguinaldo - Secretary of war
Independence on September 29, 1898
 The approval of the domestic loan of Mariano Trias - Secretary of Finance
P20,000 redeemable in 40 years after
Gracio Gonzaga - Secretary of Welfare, Public
the date of issue
Instructions, Public Works, Communication,
 Establishment of the Agriculture,Industry and Commerce
Universidad Literatura de Filipinas and
other schools 1935 CONSTITUTION
 Drafting of the Philippine Constitution
 The 1935 Philippine Constitution, better
 The Malolos Constitution was the first known as the Constitution of the
republican constitution in Asia. Philippine Commonwealth is a national
 It declared that sovereignty resides constitution that provides the
exclusively in the people, stated basic commonwealth government with an
civil rights, separated the church and American-inspired constitution.
state, and called for the creation of an  The commonwealth government was
Assembly of Representatives to act as also known as the transitioning
the legislative body. government.
It also called for a parliamentary republic
 In 1934, the United States Congress
as the form of government.
passed the Philippine Independence
 The president was elected for a term of Act, which set the parameters for the
four years by a majority of the creation of a constitution for the
Assembly. Philippines. The Act mandated the
 It was titled "Constitución política", and Philippine Legislature to call for an
was written in Spanish following the election of delegates to a Constitutional
declaration of independence from Spain, Convention to draft a Constitution for the
proclaimed on January 20, 1899, and Philippines. The 1934 Constitutional
was enacted and ratified by the Malolos Convention finished its work on
Congress, a Congress held in Malolos, February 8, 1935. The Constitution was
Bulacan. submitted to the President of the United
The PH Constitution States for certification on March 25,
1935. It was in accordance with the
 First democratic constitution made by Philippine Independence Act of 1934.
Asians The 1935 Constitution was ratified by
 Authored by Felipe G. Calderon the Filipino people through a national
 Calderon submitted his constitution to plebiscite, on May 14, 1935 and came
the Malolos congress for approval and into full force and effect on November
was approved with some amendments 15, 1935 with the inauguration of the
Commonwealth of the Philippines.
PROVISIONS
Among its provisions was that it would
 it established a free and Independent remain the constitution of the Republic
Republic in the Philippines of the Philippines once independence
 It provided for a popular, representative, was granted on July 4, 1946.
alternative, and responsible government  The 1935 Constitution was written in
based on the principle of 3 separate 1934, approved and adopted by the
powers: LEGISLATIVE, EXECUTIVE, Commonwealth of the Philippines
and JUDICIAL (1935–1946) and later used by the Third
 recognized the freedom of religion and Republic (1946–1972). It was written
the separation of church and state with an eye to meeting the approval of
 contained a Bill of Rights which the United States Government as well,
safeguarded the rights of the citizens as so as to ensure that the U.S. would live
well as aliens up to its promise to grant the Philippines
independence and not have a premise lays down the visions of the
to hold onto its possession on the government.
grounds that it was too politically  The Constitution also contains several
immature and hence unready for full, other provisions enumerating various
real independence. state policies including, i.e., the
affirmation of labor "as a primary social
1973 CONSITUTION
economic force" (Section 14, Article II);
 The 1973 Constitution, promulgated the equal protection of "the life of the
after Marcos' declaration of martial mother and the life of the unborn from
law, but having been in the planning conception" (Section 12, Article II); the
process for years before this, was "Filipino family as the foundation of the
supposed to introduce a nation" (Article XV, Section 1); the
parliamentary-style government. recognition of Filipino as "the national
Legislative power was vested in a language of the Philippines" (Section 6,
unicameral National Assembly Article XVI), and even a requirement
whose members were elected for that "all educational institutions shall
six-year terms. The President was undertake regular sports activities
ideally elected as the symbolic and throughout the country in cooperation
purely ceremonial head of state with athletic clubs and other sectors."
chosen from amongst the Members (Section 19.1, Article XIV) Whether
of the National Assembly for a six- these provisions may, by themselves, be
year term and could be re-elected to the source of enforceable rights without
an unlimited number of terms. Upon accompanying legislation has been the
election, the President ceased to be subject of considerable debate in the
a Member of the National Assembly. legal sphere and within the Supreme
During his term, the President was Court. The Court, for example, has ruled
not allowed to be a member of a that a provision requiring that the State
political party or hold any other "guarantee equal access to
office. opportunities to public service" could not
 Executive power was meant to be be enforced without accompanying
exercised by the Prime Minister who legislation, and thus could not bar the
was also elected from amongst the disallowance of so-called "nuisance
sitting Assemblymen. The Prime candidates" in presidential elections.But
Minister was to be the head of in another case, the Court held that a
government and Commander-in- provision requiring that the State
Chief of the Armed Forces. This "protect and advance the right of the
constitution was subsequently people to a balanced and healthful
amended four times (arguably five, ecology" did not require implementing
depending on how one considers legislation to become the source of
Proclamation № 3 of 1986, see operative rights.
below).  The supreme law of the Philippines
 From 16–17 October 1976, a  Enacted in 1987, during the
majority of barangay voters (also administration of President Corazon C.
called "Citizen Assemblies") Aquino
approved that martial law should be  Adopted certain provisions from the
continued and ratified the 1973 constitution
amendments to the Constitution  Granted the President broad powers to
proposed by President Marcos. reorganize the government and remove
officials from the office
1987 CONSTITUTION
 Mandated that the president would
 The Constitution is divided into a appoint a commission to draft a new
Preamble and 18 parts called Articles. constitution.
 The Preamble introduces the
GENERAL PROVISION
Constitution, identifies the author and
the purposes of the fundamental law  Recognition of the Aid of Almighty God
and aids the authorities in the  Sovereignty of the People
interpretation of the Constitution since it
 Renunciation of War as an instrument of In a separate message, President Duterte has
national policy vetoed certain provisions of the TRAIN. The
 Supremacy of civilian authority over the vetoed five line items are the following
military provisions:
 Separation of Church and State
 Recognition of the importance of the
family as basic social institution and of 1. Reduced income tax rate of employees of
the vital role of youth in nation building Regional Headquarters (RHQs), Regional
 Guarantee of human rights Operating Headquarters (ROHQs), Offshore
 Government through suffrage Banking Units (OBUs), and Petroleum Service
 Separation of Power Contractors and Subcontractors;
 Independence of Judiciary 2. Zero-rating of sales of goods and services to
 Guarantee of Local Autonomy separate customs territory and tourism
 High sense of public service morality enterprise zones;
and accountability
3. Exemption from percentage tax of gross
 Nationalization of natural resources and
sales/receipts not exceeding five hundred
certain private enterprises affected by
thousand pesos (P500,000.00);
public interest
 Non-suability of the state 4. Exemption of various petroleum products
 Rule of the Majority from excise tax when used as input, feedstock,
 Government of laws and not men or as raw material in the manufacturing of
petrochemical products, or in the refining of
TRAIN LAW petroleum products, or as replacement fuel for
THE TAX REFORM FOR ACCELERATION natural gas fired combined cycle power plants;
AND INCLUSION (TRAIN) ACT. and

President Rodrigo Roa Duterte signed into law 5. Earmarking of incremental tobacco taxes.
Republic Act No. 10963, otherwise known as The TRAIN raises significant revenues to
the Tax Reform for Acceleration and Inclusion support the President’s priority social and
(TRAIN) Act, the first package of the infrastructure programs, which will help realize
Comprehensive Tax Reform Program (CTRP, his administration’s goal of reducing the
on December 19, 2017 in Malacanang. poverty rate from 21.6 to 14 percent by 2022.
The TRAIN will provide hefty income tax cuts Some 70 percent of the incremental revenues
for majority of Filipino taxpayers while raising will help fund the government’s infrastructure
additional funds to help support the modernization program, while the balance will
government’s accelerated spending on its go to social services.
“Build, Build, Build” and social services Starting 2018, the government expects to raise
programs. funds equivalent to about two-thirds of the
This tax reform package corrects a incremental revenues targeted under this tax
longstanding inequity of the tax system by reform law. The Congress has committed to
reducing personal income taxes for 99 percent pass the rest of the TRAIN’s provisions
of taxpayers, thereby giving them the much representing the remaining one-third of the
needed relief after 20 years of non-adjustment targeted revenues in early 2018 to help us
of the tax rates and brackets. This is the achieve our revenue and deficit targets.
biggest Christmas and New Year gift the With the people’s support and understanding,
government is giving to the people. all these reforms will result in more and better
For the poorest 10 million households, the jobs, lower prices, and a brighter future for
government is giving them targeted cash every Filipino.
transfers of PHP 200 per month in 2018 and NATIONAL CULTURAL HERITAGE ACT
P300 per month in 2019 and 2020, sourced
from higher consumption taxes that the rich will The National Cultural Heritage Act (with the
contribute, as well as better social services, designation of Republic Act No. 10066) is a
healthcare, and education. All these will law, or Republic Act, of the Republic of the 
prepare the people for better job opportunities. Philippines. It created the Philippine Registry 
of Cultural Property and took other steps to
preserve historic buildings that are over 50
years old.[1] It was signed into law on March remain confidential and may be given only
25, 2009.[2] upon prior consent of the private owner."[8]
It was passed in response to the 2000 The act defines "cultural property" as "all
demolition of the Manila Jai Alai Building.[1] products of human creativity by which a people
and a nation reveal their identity, including
The Philippine Registry of Cultural Property
churches, mosques and other places of
registers all cultural properties of the country,
religious worship, schools and natural history
[3] which the National Commission for Culture 
specimens and sites, whether public or
and the Arts is mandated to establish and
privately-owned, movable or immovable, and
maintain through the appropriate cultural
tangible or intangible." It deems all heritage
agencies and local governments.
structures, which are at least 50 years old, as
A house that has significant importance to the presumed important cultural properties despite
Filipino culture is declared to be a "Heritage non-declaration by cultural agencies.
House" by the National Historical Commission  Nonetheless, the government mandates all
of the Philippines (NHCP), previously known as local government units to register these
the National Historical Institute.[2] Historical presumed important cultural properties to the
markers are placed on the houses by the database of the National Commission for
commission to indicate their significance,[4] Culture and the Arts for cultural documentation
Ancestral homes that have figured in an and conservation.[9]
historic event, house such as the Bonifacio
The citizen retains the ownership of the house;
Trial House in Maragondon, Cavite,[5] or
the government is only declaring the heritage
houses of national heroes of the Philippines like
value of the structure and providing funding for
the Juan Luna Shrine[6] in Badoc, Ilocos Norte
its protection and preservation.
are included among the categories "National
Shrines" or "National Historical Landmarks".[3] THE PHILIPPINE INTANGIBLE CULTURAL
[7] HERITAGE COMMITTEE
REPUBLIC ACT NO. 10066
The act also requires: AN ACT PROVIDING FOR THE
PROTECTION AND CONSERVATION OF
That for "cultural property declared as
THE NATIONAL CULTURAL HERITAGE,
Immovable Cultural Property, the appropriate
STRENGTHENING THE NATIONAL
cultural agency shall, after registration, give
COMMISSION FOR CULTURE AND THE
due notice to the Registry of Deeds having
ARTS (NCCA) AND ITS AFFILIATED
jurisdiction for annotation on the land titles..."[8]
CULTURAL AGENCIES, AND FOR OTHER
That "Local government units, through their PURPOSES
cultural offices, shall likewise maintain an
The National Commission for Culture and the
inventory of cultural property under its
Arts (NCCA), the competent body tasked with
jurisdiction and shall furnish the Commission a
institutionalising and implementing
copy..."[8]
programmes for cultural heritage collaborates
That "All government agencies and closely with the UNESCO National
instrumentalities, [ government owned and  Commission of the Philippines in safeguarding
controlled corporations]...including public and intangible cultural heritage. The Intangible
private educational institutions, shall report Cultural Heritage Unit, established within the
their ownership and/or possession of such NCCA, undertakes coordination and day-to-day
items to the pertinent cultural agency and shall operations and the NCCA-Intangible Heritage
register such properties within three (3) years Committee, created in 2001, plans and
from the effectivity of this Act."[8] formulates policies and safeguarding
measures. This Unit has an annual budget for
That "Private collectors and owners of cultural inventorying, research, documentation and
property shall register such properties, within promotion of intangible cultural heritage and
three (3) years from the effectivity of this Act. implementing safeguarding projects for
The private collectors and owners of cultural elements inscribed on the Representative List
property shall not be divested of their initiated by the NCCA, local governments and
possession and ownership...even after educational institutions in cooperation with
registration of said property..." and that practitioners, community members, etc. Non
information on such private property "shall
governmental organisations usually act as There are currently two inventories of
intermediary groups that provide services and Philippine cultural heritage as follows, both
activities to assist grassroots community, managed and maintained by the NCCA. (1)
sectoral or issue-based membership The Philippine Registry of Cultural Property
organisations known as ‘People’s (PRECUP): based on registries submitted by
Organizations’. As for legislation the National local government units and national cultural
Cultural Heritage Act (Republic Act agencies covering both tangible and intangible
heritage but it is not yet fully operational.
No. 10066) was adopted in 2010 and
Descriptions of properties submitted include: its
incorporates intangible cultural heritage into the
name (in English and local languages),
law’s scope of protection, conservation and
ethnolinguistic group and subgroup, category
promotion, according to the five domains
(tangible or intangible), location, significance,
defined in the 2003 Convention.
function/use, ownership, collector and
Although there is no institution currently informant. Whether a cultural property is
conducting training in management of associated with one or more ethnolinguistic
intangible cultural heritage, the NCCA has groups is also noted. Since local governments
experience in formulating action plans (in will maintain and update their own registries,
collaboration with stakeholders, government local experts, community elders, teachers, etc.
and educational institutions) which include are expected to be involved as key informants.
management of intangible cultural heritage but The information provided is transferred to the
these are specific only to inscribed elements. PRECUP database which will be a valuable
However, one of the objectives for creating the reference material for the Intangible Cultural
Unit is to provide technical assistance and Heritage Inventory. (2) The Philippine
training to strengthen communities and Intangible Cultural Heritage Inventory: contains
institutions in intangible cultural heritage. This only elements of intangible cultural heritage,
should be realized once the Unit becomes fully regardless of whether they are endangered,
operational, with additional human and still being practised, no longer practised but still
financial resources. remembered in the community. It is indeed
deemed important to record even those that
The Unit organizes a team to undertake the in are no longer practised in order to have a
situ documentation of various elements of record of their heritage for present and future
intangible cultural heritage. This research generations. However, viability will be taken
and/or documentation includes actual and into account for elements to be nominated to
social processes, both prior to and even as the lists of the 2003 Convention. The inventory
consequences of an event. Only those fiches are more detailed than those for the
elements still performed in their proper PRECUP, including the domain(s), name of the
sociocultural contexts are documented and, as community, date/frequency, responsible
a general rule, activities should not be staged national bodies, persons directly participating,
for the purposes of documentation. Local resource persons, coordinating bodies,
experts, practitioners, community members history/development etc. Entries are
(mostly elders) and teachers not only provide continuously updated and validated based on
information but also help to validate existing new data gathered through field and library
data. The Unit has produced books and other researches.
information materials based on research
studies and documentation conducted, and The Unit implements a policy promoting the
these are mainly donated to cultural and importance of intangible cultural heritage in all
educational institutions and public libraries levels of society, horizontally across the
nationwide. It has created a specialised library different ethnolinguistic groups and vertically
housing a collection of published and across different economic levels, differentially
unpublished ethnographic, archaeological, according to specific cultural orientations. A
cultural etc. materials on the Philippines which pilot project has been started with a provincial
researchers, students and others can use free unit and is almost complete, to be rolled out
of charge. The NCCA also operates a Portal province-by-province in a long-term
Cultural Databank (including both inventories programme. The main objective is to make
described below), which can only be accessed communities more involved and aware of the
internally with control and confidentiality. existence and practice of elements of
intangible cultural heritage and to engage
community members in their practice and deterioration and disappearance, encouraging
effective safeguarding. the exchange of information and expanding
opportunities for performers to give
Significant efforts have been directed at the
performances in each other’s country. In 2011,
dissemination of information through
the Unit hosted a research fellow from the
publication and promotional work to make the
Department of Intangible Cultural Heritage
public aware of the significance of intangible
within the National Research Institute for
cultural heritage, including in nation building,
Cultural Properties of Tokyo, Japan.
and the urgent importance of its safeguarding.
Two elements from the Philippines are covered
Formal and informal education in intangible
by the report and were inscribed on the
cultural heritage is undertaken by NCAA
Representative List in 2008, namely: Hudhud
through the Schools of Living Traditions (SLT),
chants of the Ifugao and Darangen epic of the
an extra-curricular learning concept that
Maranao people of Lake Lanao. Both elements
ensures that young people and adults in the
were originally proclaimed as Masterpieces of
community are given equal opportunity to learn
the Oral and Intangible Heritage of Humanity,
the indigenous knowledge and skills, otherwise
respectively in 2001 and 2005.
not integrated into the school curriculum.
People’s Organizations and Local Government
Units organize the SLTs while NCCA provides
funding assistance. In view of limited financial
resources and access to them, NCCA has
collaborated with the Department of Education
(DepED) on the ‘Cultural Education
Programme’, including: an enhanced ‘Special
Programme for the Arts’ curriculum and
production of instructional and resource
materials; mainstreaming indigenous
knowledge systems, skills and practices into
the formal education system through an
appropriate SLT model; and organising cultural
enrichment activities for students, teachers,
and educational administrators in both formal
and non-formal systems. Non-formal and
formal transmissions of intangible cultural
heritage are further ensured through the
‘National Living Treasures Programme’
operating since 1993.
In terms of bilateral, sub-regional, regional and
international cooperation, the NCCA has
collaborated with the International Information
and Networking Centre for Intangible Cultural
Heritage in the Asia-Pacific Region (ICHCAP) –
the category 2 centre established in the
Republic of Korea – in a number of projects, for
instance the preparation of a Status Report on
the Intangible Cultural Heritage Safeguarding
in the Philippines in 2010. Recently the
Philippines has collaborated with the Republic
of Korea, Cambodia, and Viet Nam for the
preparation of a multinational nomination of
tugging rituals and games for possible
inscription on the Representative List. In 2011,
the NCCA signed a MoU with the National
Research Institute of Cultural Heritage
(NRICH) of the Republic of Korea that includes,
inter alia, exchanges of experts in safeguarding
intangible cultural heritage in danger of

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