Coverage:

● Controversies
● Constitution
● Agrarian Reform
● Taxation

------------------------------------------------------------------------
● Controversies
Guys dri ba pwede nnyo i paste summary or important dets lang sainyo report mehehe
labyu all

“One Past But Many Historians”: Controversies and Conflicting Views in Philippine
History.

1. Site of the First Mass

The First Catholic Mass in the Philippines was held in Limasawa Island

- Limasawa was not always considered the location of the first Catholic Mass in the
Philippines. In fact, earlier accounts made by friars who relied on tradition and the
available writings declared that the First Mass was held on an island called “Masao,”
situated on Butuan, Agusan del Norte. However, historical thinking began to shift in the
early 1900s as a result of the increased availability of more primary sources such as the
accounts of Antonio Pigafetta, Francisco Albo, Gines de Mafra and other expedition
members, as well as the records of interviews of Magellan expedition survivors.
- In response to the ongoing contention, last year, NHCP (National Historical Commission
of the Philippines) published an official statement on their website regarding their latest
ruling on the 1521 Easter Sunday Mass Controversy. The issue regarding the exact
location of the aforementioned mass was resolved by the forerunner of the NHCP, the
National Historical Institute (NHI), through two panels of experts: the first headed by
former Supreme Court Justice Emilio Gancayco (1995) and the second by historian Dr.
Benito J. Legarda. As indicated in their statement, “Both panels ruled that the site of the
1521 Easter Sunday Mass was in Limasawa Island, now a municipality in Southern
Leyte.”
- Last year, the NHCP Board of Commissioners also approved Resolution No. 2, which
adopted the report of the investigating panel on the issue of the 1521 Easter Sunday Mass
 in the Philippines. After numerous institutions, including the Catholic Bishops’
Conference of the Philippines, requested that the site of the 1521 Easter Sunday Mass be
authenticated and the panel was constituted on November 28, 2018. The commission’s
conclusions concluded, “The panel recommended that Limasawa Island, Southern Leyte,
be maintained as the site of the 1521 Easter Sunday Mass.” The requests were made in
time for the country’s 500th anniversary of Christianity’s introduction in 2021. (Yumol,
2020)
- Some proponents continue to maintain that the real site of the first Catholic Mass is in
Butuan City because of the monument that was erected in 1872. However, the NHCP
team found no solid proof that the capital of Agusan del Norte hosted the country's first
Catholic mass after visiting Butuan and Limasawa as part of their inquiry.
- The NHCP panel also studied the Italian and French versions of Italian chronicler
Antonio Pigafetta’s writing from the Magellan-Elcano expedition, which revealed
that the coordinates of the 1521 Easter Sunday Mass revealed a location relatively
closer to Limasawa Island.
- Additionally, the 1971 expedition of naval historian Samuel Eliot Morison and
Colombian historian Mauricio Obregon, Spanish naval engineer Ignacio Fernandez Vial
and merchant marine captain Jose Luis Ugarte, retraced the Magellan-Elcano voyage and
came to the conclusion that Limasawa was the site of the country's first Catholic mass.
- According to the Vatican, Fr. Pedro de Valderrama, the Spanish priest who conducted
the first Catholic Mass, was part of Ferdinand Magellan’s journey to the “East Indies.”
Father Valderrama built an improvised altar and presided over the Mass, which was
attended by his shipmates as well as a large number of local tribe leaders and residents. In
the afternoon of the same day, Magellan ordered his soldiers to plant a big wooden cross
on the top of the hill facing the sea.
- The first Catholic Mass in the Philippines heralded the beginning of Roman Catholicism,
which to this day, is still the country’s most prominent religion.

The First Catholic Mass in the Philippines was held in Masao, Butuan

2. Cry of the Revolution

 The First Cry of the Revolution was in Pugadlawin
- Gamay ra evidence na sa Pugadlawin nahitabo and first cry mao dili syas
pugadlawin

The First Cry of the Revolution was in Balintawak

- The First Cry of the Revolution signified the Philippine revolution against Spanish
rule that was held for over 300 years. Andres Bonifacio, the leader of the
Katipunan started this revolution and created a secret revolutionary society that
seeks the independence of their country and free it from the Spanish colonial
rule. The revolution started in the month of August 1896 where Andres Bonifcio
led the Katiponeros to revolt against the Spanish law by ripping their “cedulas” (a
community tax certificate) which was the representation of the Filipino’s
enslavement (“Cry of Pugad Lawin Facts, Worksheets, Introduction & Definition
For Kids”, 2021).

Mga eyewitness accounts na nag ingun sa balintawak ang first cry.

1.) Guillermo Masangkay

2.) Don Vincente Samson
3.) Textual Analysis of Dr. Borromeo Buehler
4.) Analysis and Counter Argument to Pio Valenzuela’s multiple accounts
5.) Captain Olegario Diaz
6.) Gregoria de Jesus
7.) Julio Nakpil
8.) Teodoro Manguiat Kalaw

Overall, the First Cry of the Philippine Revolution happened in Balintawak. According to
Guillermo Masangkay, an adviser to Andres Bonifacio, who recounts Bonifacio convening a
meeting at Balintawak to discuss the upcoming Revolution; according to Masangkay, Bonifacio
delivered a powerful speech to the people. Because Guillermo Masangkay was present at the
occurrence, his statement became a main credible source. The first battle happened in the
afternoon in Balintawak, according to Don Vicente Samson, a 12-year-old eye witness at the
time. Everyone at Balintawak, according to Samson, knew something was about to happen;
Don Vicente Samson's account backs up Guillermo Masangkay's statement because they were
both present when the event occurred. Dr. Borromeo-Buehler, Guillermo Masangkay's
granddaughter, establishes that the revolution began in Balintawak on August 26, 1896, and not
on any other date or location. Dr. Borromeo-Buehler confirms Guillermo Masangkay's story after
a thorough evaluation of the sources; likewise, according to Dr. Borromeo-Buehler, the Civil
Guards and Katipuneros clash was the cause for the Revolution in 1896. Captain Olegario Diaz,
Gregoria de Jesus, and Julio Nakpil who were all present in the event presented evidences
such as noting down in the official finding report of the event, an attendant to the weapons,
documents and seal, deposition of notes with the claims of the happenings of the event,
respectively, that support the location and date of the “Cry”. Teodoro Kalaw, a historian, wrote in
his book “The Filipino Revolution” that the “Cry” happened in Kangkong, Balintawak in the last
week of August 1896. The counter argument of Pio Valenzuela, through thorough analysis, had
muddled statements such as admitting to the Spanish investigator that the “Cry” happened in
Balintawak. In his later years, he wrote Memoirs of the Revolution claiming that the “Cry”
happened in Pugad Lawin. The supporting evidence prepared and the testimonials of persons
who are close acquaintances of Andres Bonifacio dominated Pio Valenzuela's testimony. To
sum up, The First Cry of the Philippine Revolution happened in Balintawak.

3. Cavite Mutiny

The Cavite Mutiny was a Labor Issue

The Cavite Mutiny was a Grand Conspiracy

4. Retraction of Rizal

Rizal Retracted

Rizal Did Not Retract

As a result of Rizal's retraction, there have been numerous arguments. Because of the
evidence that has been acquired, the searchers believe Rizal did not retract. Up to this moment,
no original documents have been discovered. However, there are two witnesses who prove that
Rizal did not retract, they are Baron Fernandez and Manuel Morato.

Baron Fernandez, being an eyewitness, was a Spanish orphan who worked for almost
half-century in two secret historical archives in Madrid and Segovia. He had an eyewitness
account of the retraction he discovered in those repertories of Spain's dirty secrets. Fernandez
found 34 documents, including handwritten letters, telegrams, and military records, including a
thick bundle of Rizal's defense. He had written himself days before he was murdered at
Bagumbayan. Fernandez said, "I have documents stating that Rizal told his sister Narcissa to
look inside his shoes before he faced death because he had left a letter. According to
Fernandez, that letter could only be a denial of his retraction because Rizal knew the friars were
misleading the Filipinos, and he wanted to set the record straight."
Manuel Morato's Expose. Manuel Morato was a friend of Baron Fernandez,
subsequently bought from Fernandez the Intellectual Property right to the valuable manuscripts.
In the expose of Morato, it is said that the friars forged the retraction letter and published it in the
Clerico-Fascist newspapers at that time. Morato confirmed, "No, Rizal never retracted although
that fake retraction was published by the friars then and is still sadly peddled in most schools,
that is not true." Both Morato and Fernandez have documents to prove that when Rizal was in
Dapitan, he was allowed to go to Cebu with Josephine Bracken, and the Archbishop of Cebu, at
that time, tried to dangle marriage and coaxed him to retract.

Mr. Rafael Palma's coetaneous acts undermine the belief that Rizal retracted:
1. The documents of retraction were kept secret, and only copies of it were furnished to the
newspapers, but, except for one person, nobody saw the original.
 2. When the family of Rizal asked for the original document or a copy of the alleged
retraction letter, the petition was denied.
3. Rizal's burial was kept secret.
4. No masses were said for his soul or funeral held by Catholics.
5. The entry in the book of burials of the internment of Rizal's body is not made on the page
with those burials.

If Rizal retracted, he would not have been executed. But he was executed; therefore,
Rizal did not retract. He would have been an example for the cause of the friars; he would have
been given a decent Christian burial, not buried like a dead dog outside Paco Cemetery.
Another Evidence:
Rizal did not retract his statement. The first was a copy of Rizal's reportedly signed
retraction paper, which was kept secret and only published in newspapers. The original copy
was alleged to be lost when Rizal's relatives requested it. It could be lost because of the Jesuits'
carelessness to the paper's value or was obfuscated. Jesuits are the society of Jesus that has a
religious order of the catholic church. The original copy was discovered in the archdiocesan
archives 39 years later. Ricardo Pascual, Ph. D., who was granted access by Archbishop
Nozaleda to review the document, eventually concluded in his book "Rizal Beyond the Grave"
that the documents supplied were forged. The most prevalent objection to this claim is that
either Father Balaguer or Father Pi made mistakes when manufacturing a duplicate of the
original.
Another piece of proof that Rizal did not retract is that when Father Balaguer agreed to
marry Jose and Josephine after Jose had signed the retraction document, there was no
marriage certificate or official record to back up Father Balaguer's claims.
Rizal withdraws when he knows he will still be executed even if he signs the retraction
paper because the judicial process involved was strictly a military tribunal where civilian or
church participation was uncommon and not authorized, and the Archbishop and Jesuits have
no power to soften his sentence. Rizal was suspected of participating in the filibusteros
propaganda, which carries a death penalty under Spanish law. The same thing happened to the
three priests (GomBurZa) who had been garrotted years before, even though they were still
members of the church; they were still considered as rebels and not given a decent burial.
Furthermore, when Rizal was still exiled in Dapitan, the Jesuit superiors sent Father Sanchez,
Rizal's favorite teacher from Ateneo, to try to persuade his former student's allegations against
the Catholic Church and Spanish religion in the Philippines. Father Sanchez offered him a
professorship, a hundred thousand pesos, and an estate in exchange for his retraction
(Laubach, 1936), but Rizal turned down the offer. It was said that Rizal wanted to protect his
family from further suffering, to grant Josephine Bracken legal status as his wife, and to ensure
that the Spanish government would implement reforms.
The Mi Ultimo Adios and letters, as well as Rizal's behavior during his final hours at Fort
Santiago, do not show a conversion or even religious instability. In the evening, when his sister
and mother arrived, he never mentioned the retraction, contrary to Father Balaguer's assertion
that Rizal was ignorant and begging for the retraction formula even in the afternoon. Rizal was
focused on the idea of dying for the sake of his country; he had long desired death. Even Rizal's
friends do not believe he has penned a retraction since his character speaks so loudly. Consider
Rizal's character as a 33-year-old guy. He was mature enough to understand the repercussions
of his decision even before he challenged the Jesuits; he had expected this to happen and it
would be rare if he displayed behavior that indicated a threat of death. Anyone who has studied
his biography or met him knows this to be true; even the priests have agreed that Rizal acted in
a manner compatible with who he was in his later years.
 ● Constitution
POLITICAL SCIENCE AND THE
PHILIPPINE CONSTITUTION
PHILIPPINES CONSTITUTION
Meaning of Constitution
- In its broad sense, the term
constitution refers to “that body of
rules and principles in accordance
with which the powers of sovereignty
are regularly exercised.” As thus
defined, it covers both written and
unwritten constitutions.
With particular reference to the
constitution of the Philippines, it may
be defined as that written instrument
by which the fundamental powers of
the government are established,
limited, and defined and by which
these powers are distributed among
the several departments or branches
for their safe and useful exercise for
the benefit of the people.
PURPOSE OF FUNCTION OF
CONSTITUTION (3)
1) Serves as the supreme or fundamental
law - The Constitution is binding on all
individuals and all organs of the
government. It occupies the highest level in
the hierarchy of laws. It is the law to which
all other laws must conform and in
accordance with which all private rights
must be determined and all public authority
administered.
2) Establishes basic framework and
underlying principles of government - It
prescribes the permanent framework to the
different departments or government and to
assign to the different departments or
branches, their respective powers and
duties, and to establish certain basic
principles on which the government is
founded.
3) Designed to protect the basic rights of
the people - The constitution is primarily
designed to preserve and protect the rights
of individuals against the arbitrary actions of
those in authority. Its function is not to
legislate in detail but to set limitations on the
otherwise unlimited powers of the
legislature or the government as a whole. It
sets forth the basic rights of the people
which the government must observe,
respect, and protect.
KINDS OF CONSTITUTION (3)
Constitutions may be classified as follows:
1) As to their origin and history:
a) Conventional or enacted - One
which is enacted by a constituent
assembly or granted by a monarch to
his subjects like the Constitution of
Japan in 1889; and
b) Cumulative or evolved - Like the
English Constitution, one which is the
product of a growth or a long period of
development originating in customs,
traditions, judicial decisions, etc.,
rather than from a deliberate and
formal enactment.
The above classification substantially Requisites of a good written
coincides with that of written and unwritten constitution. (2)
constitutions.
1.) As to form, a good written
constitution should be:
2) As to their form: a.) Brief.- because if a constitution is
too detailed, it would lose the
a) Written - One which has been
advantage of a fundamental law which
given definite written form at a particular
in a few provisions outlines the
time, usually by a specially constituted
structure of the government of the
authority called a "constitutional
whole state and the rights of the
convention"; and
citizens.
b) Unwritten - One which is entirely
b.) Broad.- because a statement of
the product of political evolution, consisting
the powers and functions of
largely of a mass of customs, usages and
government , and the relations
judicial decisions together with a smaller
between the governing body and the
body of statutory enactments of a
governed, requires that it be as
fundamental character, usually bearing
comprehensive as possible; and,
different dates.
c.) Definite.- because otherwise the
The English Constitution is unwritten only in
application of its provisions to concrete
the sense that it is not codified in a single
to situations may prove unduly difficult
document. Part of it is written - the Acts of
if not impossible. Any vagueness
Parliament and judicial decisions. Indeed
which may lead to opposing
there is no constitution that is entirely
interpretations of essentials features
written or unwritten.
may cause incalculable harm.
3) As to manner of amending them:
2. As to contents, it should contain at
a) Rigid or inelastic - One regarded least three sets of provisions:
as a document of special sanctity which
a.That dealing with the framework of
cannot be amended or altered except by
government, its structure and powers,
some special machinery more cumbrous
and defining the electorate. This group
than the ordinary legislative process; and
of provisions has been called the
b) Flexible or elastic.- One which constitution of government.
possesses no higher authority than ordinary
b. That setting the fundamental
laws and which may be altered in the same
rights of the people and imposing
way as other laws.
certain limitations on the powers of the
The Philippine Constitution may be government as a means of securing
classified as conventional or enacted, the enjoyment of these rights. This
written, and rigid or inelastic. It was drafted group has been referred to as the
by an appointive body called "Constitutional constitution of liberty.
Commission".
 c.That pointing out the mood or • The Constitution as approved by the 1935
procedure for amending or revising the Constitutional Convention was intended
constitution. This group has been called the both for the Commonwealth and the
constitution of sovereignty. Republic.

• The 1935 Constitution has been amended

three times.
CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES

The 1935 Constitution The 1973 Constitution

• Approval on March 24, 1934 by President • On March 16,1967 Congress passed

Franklin D. Roosevelt of the Tydings Resolution of Both Houses No.2 authorizing
McDuffie Law, otherwise known as the the holding of a constitutional convention in
Philippine Independence Act. 1971.

• Approval on May 5, 1934 by the Philippine • On August 24,1970, Republic Act No.
Legislature of a bill calling a constitutional 6132 was approved setting Nov. 10, 1970,
convention as provided for in the as election day for 320 delegates to the
Independence Law Constitutional Convention.

• Approval on February 8, 1935 by the • The Convention started its work of

convention by a vote of 177 to 1 of the rewriting the Constitution on June 1, 1971.
constitution.
• On September 21, 1972, the President of
• Limitations and Conditions- While the the Philippines issued Proclamation No.
Tydings McDuffie Law empowered the 1081 placing the entire country under
Filipinos to frame their own constitution it Martial Law.
also contained provisions limiting such
• The 1973 Constitution had been amended
authority.
on four occasions.
• It also enjoined that the constitution to be
drafted should be republican in form, should
include a bill of rights, and should contain The Provisional (Freedom) Constitution
certain provisions intended to define the
relations between the Philippines and the • Issued as Proc. No. 3 by Pres. Corazon C.
United States. Aquino by virtue of the powers vested in her
by the sovereign mandate of the people.
• The 1935 Constitution of the Philippines
did not contain original ideas of government. • Under the Provisional institution which
While the dominating influence was the adopted as part thereof, 13 articles of the
constitution of the United States, other 1973 Constitution as amended, he organs
sources were also consulted by the framers, of government were:
particularly the 1898 Malolos Constitution
and the three organic laws that were
enforced in the Philippines before the
passage of the Tydings McDuffie Law.
a) President/Vice-President of the
Philippines. Pres. Aquino under the
Freedom Constitution enjoyed all legislative
power. She exercised also legislative power.
Presidential succession is provided by
Sec.4, Art II. The Vice-President may be
appointed as Member of the Cabinet, and
may perform such other functions as may
be assigned to him by the President.
b) The Cabinet. The President was
assisted by a Cabinet which was composed
of the Ministers with or without portfolio who
were all appointed by the President. Her
cabinet was composed of the Ministers of:
Defense, Foreign Affairs, Finance, Justice,
Agriculture, Public Works and Highways,
Education, Culture and Sports,Labor and
Employment, resources, Transportation and
Communication, Social Services, Political
Affairs, Philippine Commission on Good
Government, Government Reorganization,
etc.
c) The Supreme Court and other Inferior
Courts--Court of Appeals, Regional Trial
Courts, Metropolitan Trial Courts, Municipal
Trial Courts, Circuit Trial Courts, Shari'a
District Courts and Shari'a Circuit Courts.
d) Local Government (Pamahalaang
Pampook) with the President retaining
supervisory powers
e) Constitutional Commissions - Civil
Service Commission, Commission on audit
and Commission on Elections.
f) Other Constitutional Bodies -
Tanodbayan, Sandiganbayan, NEDA, etc.
3) Priority Measures - To achieve the
mandate of the people the President under
the Freedom Constitution undertook the
following protection of basic rights,
rebuilding of confidence in the entire
governmental system, eradication of graft
and corruption, restoration of peace and
order, maintenance of the supremacy of
civilian authority over the military, and the
transition to a government under a New
Constitution in the shortest time possible;
Whereas, during the period of transition to a
New Constitution it must be guaranteed that
the government will respect basic human
rights and fundamental freedoms.
4) Nature/Classification - The Government
under the Provisional Constitution may be
classified as: unitary, popular, civil,
constitutional, presidential [strong president
exercising both legislative and executive
powers] paternalistic, republican and de
jure.
5) Operation - The Revolutionary
Government started in the morning of Feb.
25, 1896 following the 4-day February
Revolution (Feb 22-25,1986) at EDSA. The
Freedom Constitution was promulgated last
March 25, 1986 and this Constitution
superseded the 1973 Constitution as
amended, following the adoption of 13
articles and the repeal of the 4 articles of
the 1973 Constitution as amended. The
Freedom Constitution being provisional in
nature was superseded ultimately by the
1987 Constitution effective February 2,
1987.
 THE (NEW )1987 CONSTITUTION 3.Nature/ Classification - The government
that has been established by the 1987
Constitution may be classified as
1. Persons and entities taking part in the democratic, republican presidential,
1987 Constitution are as follows: bureaucratic,unitary, popular civil,
constitutional, paternalistic, coordinate and
a. Pres. Corazon C. Aquino for de jure government.
issuing Proclamation Nos. 3 and 9
4. Operation - Made to operate on
b. The Appointed Constitutional February 2, 1987, per Presidential
Commission for drafting and approving the Proclamation No. 58 dated February 11,
1986 Constitutional Draft on October 12, 1987.
1986.

c. The Filipino people for ratifying

the Constitution in a referendum conducted
for this purpose.
THE NEW (1987) CONSTITUTION OF THE
2. Organs of Government REPUBLIC OF THE PHILIPPINES

a. Legislative Department - PREAMBLE

consisting of the Senate and House of
Representatives.
•The preamble of a constitution is a
b. Executive Department - vested in
preliminary statement reciting the
the President/Vice President of the
reasons for its enactment and the
Philippines.
objects sought to be accomplished
C. Judicial Department - vested in thereby.It confers no rights,imposes no
one supreme court and other inferior duties and creates no office.
courts
•In comparison of the 1935
d. Constitutional Commissions - The constitution, as well as the 1973
Civil Service Commission , the Constitution the following are
Commission on Elections, the
Noted:
Commission on Audit
"Almighty God" replaces "Divine
e. Local Government
Providence", "common good" in lieu of
f.Other Constitutional Bodies- "general welfare" and more words
Electoral Tribunals, the commission on being added and adopted as part of
Appointments, the Commission on the preamble such as "to build a just
Human Rights etc. and humane society", "aspirations", "of
independence", "the rule of law",
"truth", "freedom", and "love".
 ARTICLE 1
NATIONAL TERRITORY
The National territory comprises the
Philippine archipelago, with all islands and
waters embraced therein, and all other
territories over which the Philippines has
sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the
subsoil, the insular shelves, and other
submarine aread. The waters around
between, and connecting the islands of the
archipelago, regardless of their breath and
dimensions, form part of the internal waters
of the Philippines.
Explanatory Notes:
• Under the 1935 Constitution, the
national territory of the Philippines
comprised the archipelago transferred to the
United States by Spain under the Treaty of
paris of December 10,1898 and all islands
embraced in the Treaty of Washington
between the United States and Spain on
November 7, 1900 and the treaty between
the United States and Great Britain on
January 2, 1930 involving the Turtle and
Mangsee Islands situated between Borneo
(Malaysia) and Sulu.
• The islands of Las Palmas (Miangas) was
lost by the United States to Holland in April
1928 in an arbitration case before the
Permanent Court of Arbitration in Hague,
Holland (Netherland)
• The Philippines adheres to the
"archipelago theory" wherein a state
comprising an archipelago (group of
islands) shall be treated as a national unit
so that the water around, between and
connecting the islands of the archipelago,
irrespective of their breadth and dimension
form part of the internal waters of the State.
ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
PRINCIPLES
Section 1. The Philippines is a
democratic and republican state.
Sovereignty resides in the people
and all government authority
emanates from them.
Explanatory Notes:
a. The word "democracy" is of greek
origin which literally means""power or
rule of the demos" (people)
b. A republic is a government which
derives all its power directly or
indirectly from a great body of people
and is administered by persons
holding office at pleasure, for a limited
period of time or during good behavior.
A democratic and republican state like
the Philippines is a state having a
representative government which
derive all its power from the people
and the latter being guaranteed equal
access to opportunities for public
service or with participatory power -
initiative, referendum and recall.
c. When the Constitution uses the
term "people" to define whom the
government may serve or protect, it
refer to everybody living in the
Philippines, citizens and aliens alike
regardless of age and status.
d. The adoption of the republican and
democratic form of government is
manifested by the following:
• Observance of the rule of the
majority
• Existence of the bill of rights
 • Observance of the principle that "ours is a
government of laws and not of men",
• The presence of elections through the
popular will
• Observance of the principle that the
legislative department cannot pass
irrepealable laws
• Observance of the law on public officers
and their accountability to the people
Section 2. The Philippines renounces
war as an instrument of national policy,
adopts the generally accepted principles
of international law as part of the law of
the land and adheres to the policy of
peace, equality, justice, freedom,
cooperation, and amity with all nations.
Explanatory Notes:
• The principle inunciated by Section
2, Art. II is the renunciation of an aggressive
war as an instrument of national policy;
however, war may be made as a last resort
to defend the national honor and integrity of
the Philippines. Accordingly, The Congress
by two third (2/3) votes can declare the
existence of a state of war.
Section 3. Civilian authority is at all
times, supreme over the military. The
Armed Forces of the Philippines is the
protector of the people and the State. Its
goal is to secure the sovereignty of the
State and the integrity of the national
territory.
Explanatory Notes:
• This provision is intended to
safeguard against the rise of military
dictatorship and prevent military sponsored
"coup 'd etat".
Section 4. The prime duty of the
government is to serve and protect
the people. The Government may
call upon the people to defend the
State and, in fulfillment thereof,
all-citizens may be required, under
conditions provided by law, to
render personal, military or civil
service.
Explanatory Notes:
• In time of war a citizen of this
republic may not be permitted to
evade his obligation to fight for his
country by doing acts, operating or
causing to lose his citizenship. (i.e.
subscribing an oath of allegiance to a
foreign country.)
• The term "civil service" refers to
any service for the defense of the
State other than millitary such as
being a worker in a munitions factory
or a laborer in an airfield/ dockyard.
Section 5. The maintenance of
peace and order, the protection of
life, liberty, and property, and the
promotion of the general welfare
are essential for the enjoyment by
all people of the blessings of
democracy.
Explanatory Note:
• A meaningful democracy is
assured if our government is able to
provide the protective services to the
people.
Section 6. The separation of Church and
State shall be inviolable.
Explanatory Notes:
• State-Church Relationship.-With
respect to State-Church relations, the
following principles are adhered to:
• That the State shall have no official
religion
• That every person is free to follow
any religion
• That every religious minister shall
be free to practice his calling
• That the State shall give no special
aid or favor to any particular sect or religion
• That religion shall not be used as a
basis for the grant of any right to any person
by the government nor shall it be required
as a qualification for holding office or for
exercising the right to vote and other similar
political rights; and
• The separation of church and state
shall be inviolable.
State Policies
Section 7. The State shall pursue an
independent foreign policy. In its
relations with other states the paramount
consideration shall be national
sovereignty, territorial integrity, national
interest, and the the right to self-
determination.
Section 8. The Philippines, consistent
with the national interest, adopts and
pursues a policy of freedom from
nuclear weapons on its territory.
Section 9. The State shall promote a just
and dynamic social order that will ensure
the prosperity and independence of the
nation and free the people from poverty
through polices that provide adequate
social services, promote full
employment, a rising standard of living,
and an improved quality of life for all.
Explanatory Notes:
Government exists to perform three
forms of services to the citizenry, namely:
1) Protective services - maintenance of
defense, peace, and order, enforcement of
laws, protection of life, property and liberty,
protection of labor, working men and
tenants.

2) Economic Development Services - the
conservation of our ecology, natural
resources, promotion of industry and
commerce, improvement of transportation
and communications, economic planning
and coordination.
3) Social Services - such as educational,
cultural, scientific, health, and recreational
services, social welfare services (ex:
housing projects, urban development)
community development and others.
Section 10. The state shall promote
social justice in all phases of national
development
• Social Justice is the ideal of society
to be attained by the promotion of the
welfare of the people through the
humanization of laws and equalization of
social economic forces and benefits.
ARTICLE III
BILL OF RIGHTS
Section 1. No person shall be deprived of
life, liberty, or property-without due process
of law, nor shall any person be denied the
equal protection of the laws.
Explanatory Notes:
• Person, Concept - "Persons"
embrace all natural persons within the
territorial jurisdiction of the Philippines,
irrespective of race, sex, color or nationality.
• Life - "Life" is more than an animal
existence. "All human life has its basic value
and dignity for God created man in the
image itself...male and female". "He created
them" (Genesis 1:27). Life is love, life is
good. It is a drive towards fullness of life, it
is the seed of existence, which transcends
the very limits of time.
• Property embraces everything
over which man may have exclusive
dominion (ex: title, interests, ownership)
control and possession.
• Liberty does not mean that a man
can do what he wants or write what he
pleases, but to do the things that will not
injure his fellowmen in the community.
• "Due process" as a law is one
which hears before it condemns which
proceeds from inquiry, and render
judgement only after trial.
Section 2. The right of the people to be
secure in their persons, houses, papers,
and effects against unreasonable searches
and seizures of whatever nature and for any
purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue
except upon probable cause to be
determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may
produce, and particularly describing the
place to be searched and the persons and
things to be seized.
Explanatory Notes:
• "Search warrant" is an order in
writing issued in the name of the people of
the Philippines, signed personally by the
judge, directed to another officer
commanding him to search for personal
property and to bring it before the issuing
officer. However, if the purpose is to effect
body arrest it is termed "warrant of arrest".
Section 3. The Privacy of Communication
and correspondence shall be inviolable
except upon lawful order of the court, or
when public safety or order requires as
prescribe by law.
Explanatory Notes:
• The right of privacy means "the
right to be left alone, the right of a person to
be free from unwarranted publicity as the
right to live without unwarranted
interference by the public in matter's with
which the public is not necessarily
concerned.
Section 4. No law shall be passed
abridging the freedom of speech, of
expression, or of the pressed, or the right of
the people, peaceably to assemble and
petition the government for grievances.
Explanatory Notes:
• Freedom of speech and the press
implies the right to freely utter and publish
whatever the citizen may pleased and to be
protected against any responsibility for so
doing except so far a such publication, from
there blasphemy, and scandalous charter,
may be a public offense (example: oral
defamation or libel)
•"Assembly" means the right of the
part of the citizen to meet peaceably for
consultation and respect to public affairs
•"Petition" on the other hand means
"that any person or group of persons can
apply without fear of penalty to the
appropriate branch of office of the
government for a redress of grievances."
Section 5. No law shall be made respecting
an establishment of religion, or prohibiting
the free exercise, thereof. The free
enterprise and enjoyment of religious
profession and worship, without
discrimination or preference, shall forever
be allowed. No religious test shall be
required for the exercise of civil or political
rights.
Explanatory Notes:
•Religion has two aspects, namely:
a) Freedom to believe, which is
absolute right and not subject to
any restriction
b) Freedom to practice one's belief -
which is no longer absolute for it is
limited or restricted by the police
power of the state; hence, a man may
believed in killing as a religious
obligation with heavenly reward but he
cannot commit it without being
punished by law for murder or
homicide.
[wala section 6 si ma’am sa ppt]
Section 7. The right of the people to
information on matter's of public concern
shall be recognized. Access to political
records, and to documents, and papers
pertaining to official acts, transactions, or
decisions, as well as to government
research data used as basis for policy
development, shall be afforded the citizen
subject to such limitations as maybe
provided by the law.
Explanatory Notes:
• It is in consonance with the
principle of popular sovereignty; in a
democratic society, the sovereign people
have the right to access to the records of
their government;
 •It will enable the people to
participate more effectively in the
government affairs especially in fiscalizing
the acts of the authorities
•It will reduce suspicion of officials
and thus, foster rapport and harmony
between the government and the people.
[wala na sd section 8]
Section 9. Private property shall not be
taken for public use without just
compensation.
Section 11. Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty.
Constitutional rights of the accused in
criminal cases.
1) The right to adequate legal assistance
2) The right against the use of torture, force,
violence, threat, intimidation etc.
3) The right against being held in secret,
incommunicado , or similar forms of solitary
detention.
4) The right to bail and against excessive
bail. due process of law
5) The right to presumption of innocence
6) The right to meet the witnesses face to
face
7) The right to due process of law
8) The right against cruel, degrading, or in
human punishment
9) The right to be heard by himself and
counsel
10) The right to be informed of the nature
and cause of the accusation against him
[wala na sd 12]
Section 13. All persons, except those
charge with offenses punishable by
reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable
by sufficient sureties, or be released on
recognizance as may be provided by law.
The right to bail shall not be impaired even
when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall
not be required.
Section 14. No person shall be held to
answer for a criminal offense without due
process of law.
Section 15. The privilege of the writ of
habeas corpus shall not be suspended in
cases of invasion or rebellion when the
public safety requires it
Explanatory Notes:
• The writ of habeas corpus is an
order issued by a court of competent
jurisdiction, directed to a person detaining
another, commanding him to produce the
body of the prisoner at a designated place,
and to show sufficient cause for holding in
custody in the individual so detained.
•The writ is the proper remedy in
each and every case of detention without
legal cause or authority. Its principal
purpose then is to set the individual at
liberty.
•The writ of amparo is a judicial
remedy that provides speedy relief to
protect the peolpe's right to life, liberty and
security in cases involving enforced
disappearances or extra judicial killings, or
threats thereof.
•The writ of habeas corpus is not to
be confused with the writ of amparo
Section 20 - No person shall be imprisoned
for debt or non payment of a poll tax.
Section 22 - No ex post facto or bill of
attainder shall be enacted.
Explanatory Notes:
(a) Types of Rights. Under the
Constitution, particularly, the Bill of rights
and its allied provisions, a person is
enjoying three types of rights namely:
1. political rights
2. personal and civil rights; and
3. rights of an accused person.
(b) Political Rights:
The term refers to those rights
having relation to the participation of
individuals directly or indirectly, in the
establishment on administration of
government. Among the political rights
secured by the Constituion are as follows:
1.Right of citizenship
2.Freedom of speech
3. Freedom of the press
4. Right of assembly
5. Right to petition the government for
redress of grievances
6. Freedom to access public records and
documents
7.Right to form association, unions etc.
(c) Civil Rights
Civil rights refer to those rights
which the municipal law will enforce at the
instance of private individuals for the
purpose of securing to them the enjoyment
of their means of happiness. The following
civil/personal rights are granted by the
Constitution.
1. Right against unjust unreasonable
searches and seizures
2. privacy of communication or
correspondence
3. Right of privacy
4. Liberty of abode and travel
5. Freedom of religion
6. Non-impairement of contracts
7. Right against imprisonment of debt.
9. Free access to the court
Consritutional Rights.Rights considered
as rights of an accused.
( 1.) Right to due process
a. must be tried before a competent court
b. must be given a fair, speedy, impartial
trial
c. must be allowed to use all legal means
(to obtain subpoena and opportunity to
defend himself.
d. that the judgement awarded against him,
must be within the authority of a valid law.
(2.) Rights to speedy disposition
odf cases
(3.) Right to bail
(4.) Right to be informed of his right to
remain silent
(5.) Right to have competent and
independent counse.Right against
torture, force, violence threat
intimidation which vitiate his free will.
(7.) Right not to be detained in secret
detention places or to be in
solitary/incommunicado detention.
(8.) Right to be presumed innocent until
the contrary is proved
(9.) Right to be informed of the nature
and cause of accusation against him.
(10.) To have speedy, impartial and
public trial
(11.)To meet witnesses face to face
(12.) Right to have compulsory process
to secure the attendance of witnesses
and production of his evidence.
(13.) Right against cruel and unusual
punishment.
(14.) Right against excessive fines.
(15.) Right against double jeopardy. A
person is said to be put in double
jeopardy when not only- that the second
offense is exactly the same as the one
alleged in the first information but also
that the two offenses are identical.
(16.) Right against ex post facto and bill
of attainder.
Bill of attainder is a legislative act which
inflicts punishment without judicial trial.
ARTICLE IV
CITIZENSHIP
Section 1. The following are citizens of
the Philippines;
1) Those who are the 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.
Explanatory Notes:
• Citizens generally may be acquired
either under the theory of "jus sanguinis" (by
blood) or under the theory of "jus soli"
(citizenship is determine by the place of
birth).
Section 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.
Explanatory Notes:
• Filipinos are classified into three
types, namely:
a) Native born citizens - those
citizens of the Philippines born in the
Philippines. Domestically, the term is
applied to the cultural communities (Badjao,
Aetas, etc.)
b) Natural born citizens refer to those who
at the moment of their birth are already
citizens of the Philippines.
c) Naturalized citizen - is one who being
originally a citizen of another country, by an
intervening act. (i.e naturalization /
cancellation of alien certificate of
registration) has acquired new citizenship in
another country.
Section 3. Philippine citizenship may be
lost or re-acquired in the manner provided
by law.
Explanatory Notes:
• Loss of Citizenship - Filipino citizenship
may be lost under the following
circumstances/grounds:
1) Naturalization;
2) Renunciation or Expatriation;
3) Subscribing an oath of allegiance in
another country;
4) Denaturalization - may be affected
by cancellation of the naturalization of
natural Filipinos on specified ground;
5) Deserting the armed forces of the
Philippines
• Re-acquisition - Citizenship may be
re-acquired in any of the following ways:
1) By naturalization;
2) By repatriation of deserters and
Filipinos who lost citizenship by
marriage. Repatriation is simply the
recovering of original citizenship: it is
not a grant of a new citizenship but a
recovery of one's former or original
citizenship.
Section 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.
Explanatory Notes:
• Effect of Marriage- marriage is no
longer a ground to lose Philippine
citizenship
• Alien married to Filipino - An alien
woman married to a Filipino, becomes
automatically a Filipino citizen, if she has all
the qualifications and non of the
disqualifications to become a Filipino. The
proper procedure of acquiring of citizenship
by marriage, is not through judicial
proceeding for naturalization but merely
administrative proceeding for "cancellation
of her alien certificate of registration."
Section 5. Dual allegiance of citizens is
inimical to the national interest and shall be
dealt with by law.
Explanatory Notes:
Note: What section 5 prohibits is not
dual citizenship but dual allegiance of
citizens.
• Dual citizenship refers to the
possession of two citizenships by an
individual, that of his original citizenship and
that of the country where he became a
naturalized citizen.
• In the case of public officers and
employees, whether elective or appointive,
dual citizenship may be constitutionally
prohibited by law for as public servants,
they are required to serve the people with
"utmost loyalty" and "act with patriotism" in
the performance of their duties and
functions.
 • Initiative - it is the process whereby the
people directly proposed and inact laws
ARTICLE V
• Recall - It is a method by which a local
SUFFRAGE
public officer may be removed from office
Section 1. Suffrage may be exercised by all during his tenure or before the expiration of
citizens of the Philippines not otherwise his term by a vote of a people after
disqualified by law, who are at least registration of a petition signed by a
eighteen years of age, and who shall have required percentage of qualified voters.
resided in the Philippines for t least one
Qualifications of Voters:
year and in the place wherein they propose
to vote for at least six months immediately He must be:
preceding the election. No literacy, property,
A citizen (male or female) of the
or other substantive requirement shall be
Philippines
imposed on the exercise of suffrage.
• Not otherwise disqualified by law;
Explanatory Notes:
• At least eighteen (18) years of age;
• Suffrage is the right to vote in the
and
election of officials of government and the
determination of all questions submitted to • Have resided in the Philippines for
the people. Unlike the 1973 Constitution as at least one (1) year and in the place
amended, suffrage is no longer mandatory wherein he proposes to vote for at least six
and penal in nature. (6) months preceding the election
• Scope of Suffrage - Suffrage
includes the following:
Section 2. The Congress shall provide a
1) Election - is the expression of the choice system for securing the secrecy and
of persons for political office by the voters of sanctity of the ballot as well as a system for
the body politic absenty voting by qualified Filipinos abroad.
The Congress shall also design a procedure
• Referendum - is the submission of a
for the disabled and the illiterates to vote
proposed law or issues to the voting citizens
without the assistance with other persons.
of the country for their ratification or
Until then, they shall be allowed to vote
rejection. It is more of appealing from an
under existing laws and such other rules as
elected body to the whole body of voter
the Commission on Election may
• Plebiscite - it is the name given to a vote promulgate to protect the secrecy of the
of the people expressing their choice for or ballot.
against a proposed law or enactment
submitted to them. Plebiscite is likewise
required by the constitution to secure the
approval of the people directly affected
before certain proposed changes affecting
local government units. Explanatory Notes:
a) Disqualified to vote - the following are
disqualified to vote:
1) Any person who has been
sentenced by final judgment to suffer
imprisonment of not less than one year,
such disability not having been removed by
plenary pardon;
2) Any person who has been a
adjudged by final judgment by competent
court of having violated his allegiance to the
Republic of the Philippines; and
3) Insane or feeble - minded
persons.
The Senate
• Composition and Election - It is
composed of 24 senators. They are elected
at large (nationwide) by the qualified voters
as may be provided by law.
•Term of office - six years
Qualifications - A senator must be:
• a natural born citizen of the
Philippines
• at least thirty five years of age on
the day of election
• able to read and write

b) Absentee voting - Overseas Filipinos are
now allowed to vote in the defined places
abroad.
• a registered voter
• a resident of the Philippines for not
less than two years immediately preceding
the day of election

ARTICLE 6

LEGISLATIVE DEPARTMENT
The House of Representatives
Section 1. The legislative power shall be
vested in the congress of the Philippines • Composition/Election - is
which shall consist of a Senate and a House composed of not more than two hundred
of Representatives, except to the extent fifty members popularly know as
reserved to the people by the provision on "Congressmen". They are elected from
initiative and referendum. legislative or congressional districts and
through a partylist system.
Explanatory Notes:
• Term of office - three years
• Legislative Power - it is the
authority to make laws and to alter and Qualifications - a representative must be:
repeal them. 1) natural born citizen of the
• Bicameral Congress is vested Philippines
with the legislative power and has 2) at least twenty five years of age on
superseded the Unicameral Batasang the day of the election
Pambansa of the 1973 Constitution as
amended. • able to read and write
• except for a partylist representative,
a registered voter in the district in
which he shall be elected and
• a resident thereof for a period of not
less than one year preceding the day
of the election
ARTICLE VII
EXECUTIVE DEPARTMENT
Section 1. The executive power shall
be vested in the president of the
Philippines.
Explanatory Notes:
• Executed power has been defined
as the power to administer the laws,
which means carrying them into
practical operation and enforcing their
due observance.
Qualifications of the President and
Vice President
• a natural born citizen of the
Philippines
• a registered voter
• able to read and write
• at least 40 years of age on the day
of election
• a resident of the Philippines for at
least 10 years
Term of Office of the President and
Vice President is 6 years.
Section 8. In case of death,
permanent disability, removal from
office, or resignation of the President,
the Vice President shall become the
President to serve the unexpired term.
In case of death, permanent disability,
removal from office, or resignation of
both the President and Vice President
the President of the Senate or, in-case
of his inability, the Speaker of the
House of the Representatives, shall
then act as President until the
President or Vice President shall been
have elected and qualified.
ARTICLE VIII
JUDICIAL DEPARTMENT
Section 1. The judicial power shall be
vested in one supreme court and in
such lower courts as may be
established by law.
Meaning of judicial power
Judicial power is the power to apply
the laws (including the Constitution) to
contest for disputes concerning legally
recognize rights or duties between the
states and private persons or between
individual litigants, in cases properly
brought before the judicial tribunals.
Section 4. The Supreme Court shall
be composed of a Chief Justice and
14 Associate Justices. Any vacancy
shall be filled with in 90 days from the
occurrence thereof.
Scope of Judicial Power
1) Adjudicatory Power- judicial power
includes the duty of courts of justice:
•the settle actual controversies
involving rights which are legally
demanda of dicretionble and
enforceable
•to determine whether there has been
a grave abuse amounting to lack or
excess of jurisdiction on the part of
any branch of the government
Power of Judicial review- it also
includes the power:
•to pass upon the validity or
constitutionality of the law of the state
and the acts of the other departments
of the government
•to interpret them
•and to render binding judgments
3) Insedental Powers- it likewise
includes the insedental powers
necessary to the effective discharge of
the judicial functions.
Qualifications for members of the
Supreme Court and any Lower
Collegiate Courts
1. Supreme Court
•a natural born citizen of
Philippines
•at least 40 years of age
•must have, for 15 years or more,
been a judge of a lower court or
engaged in the practice of law in the
Philippines
•must be a person of proven
competence, integrity, probity, and
independence
2. Lower Collegiate Courts- The
qualification of members of any lower
colligiate courts shall be prescribed by
congress as provided in section VII as
in the case of judges of lower courts,
but they must be natural born citizens
of the Philippines.
ARTICLE IX
CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
Section 1. The Constitutional
Commissions which shall be
independent, are the Civil Service
Commission, the Commission on
Elections, and the Commission on
Audit
B. THE CIVIL SERVICE
COMMISSION
Section 1.(1).The civil service shall be
administered by the Civil Service
Commission composed of a Chairman
and two Commissioners who shall be
the natural born citizens of the Philippines,
and at the time of their appointment at
least thirty five years of age, with
proven capacity for public
administration , and must have been
candidates for any elective position in
the elections immediately preceding
the election.
 Main Functions of the Commission.
The commission shall always be
guided by the objectives of the Constitution
"to promote morale,efficiency and integrity
in the Civil service, as well as, the
economic, social and other policies of the
government.
C. THE COMMISSION ON ELECTIONS
Section 1. There shall be a Commission on
Elections composed of a Chairman and six
Commissioners who shall be atural - born
citizens of the Philippines, and, at the time
of their appointment, at least thirty five years
of age, holders of a college degree, and
must not have been candidates for any
elective position in the immediately
preceding elections.
Section 2. The Chairman and the
Commissioners shall be appointed by the
President with the consent of the
Commission on Appointments for a term of
seven years without reappointment
D. THE COMMISSION ON AUDIT
There shall be a commission on Audit
composed of a Chairman and two
Commissioners, who shall be natural born
citizens of the Philippines and, at the time of
their appointment, at, least thirty five years
of age, certified public accountants with no
less than ten years of auditing experience or
members of the Philippine Bar who have
engaged in the practice of law for at least
ten years.
ARTICLE X
LOCAL GOVERNMENT
The term "local government" refers to a
political subdivision of a nation/state which
is constituted law and has substantial
control on local affairs, which officials
elected or otherwise locally selected.
In the Philippines, it refers to
autonomous regional government,
provincial, city, municipal and barangay
governments.
ARTICLE XI
ACCOUNTABILITY OF PUBLIC
OFFICERS
Section 1. Public office is a public trust.
Public officers and employees must at all
times be accountable to the people, serve
them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism
and justice, and lead modest lives.
Explanatory Notes
Public Office should not be looked
upon as a source of livelihood. Neither
should it be looked upon as an instrument
or means of attaining personal gain or profit.
Public office should be viewed correctly as
"public trust" (pagtiwala ng bayan);
Consequently, he who holds office is
constitutionally bound to give "sincere,
responsible, devoted and efficient public
service".
Section 5. Thereby created the
independence Office of the Ombudsman,
composed of the Ombudsman to be known
as Tanod bayan. Tanodbayan
(Ombudsman) is a swedish word which
means "agent" or "representative" to mean
about "bud", being messenger collecting the
Right of all citizens to quality education
fine.
● A basic right
The modern Ombudsman is an
● A constitutional right- it is embodied
independent, high level officer who receive
in the constitution
complaints, who peruses and makes
● Scope of Right - the right to quality
inquiries into the matters involved, and who
education at all levels
makes recommendation for suitable action.

ARTICLE XII - NATIONAL ECONOMY

AND PATRIMONY ARTICLE XV - THE FAMILY

ARTICLE XIII - SOCIAL JUSTICE AND ARTICLE XVI - GENERAL PROVISIONS

HUMAN RIGHTS

ARTICLE XVII -
ARTICLE XIV - EDUCATION, SCIENCE, AMENDMENTS/REVISIONS
AND TECHNOLOGY ARTS, CULTURE
AND SPORTS

Section 1. The State shall protect and ARTICLE XVIII - TRANSITORY

promote the right of all citizens to quality PROVISIONS
education at all levels and shall take
appropriate steps to make such education
accessible to all.
 ● Agrarian Reform
● Policies on Agrarian Reform
Agrarian Reform
- Is essentially the rectification of the
whole system of agriculture, an
important aspect of the Philippines
economy because nearly half of the
population is employed in the
agrarian sector, and most citizens
live in rural areas.
- Is centered in the relationship
between production and the
distribution of land among farmers.
Through genuine and comprehensive
agrarian reform, the Philippines would be
able to gain more from its agricultural
potential and uplift the Filipinos in the
agricultural sector, who have been for the
longest time, suffering in poverty and
discontent.
Landownership in the Philippines under
Spain
● Pueblo Agriculture
● Law of the Indies
- The Spanish crown awarded
tracts of land to:
1. Religious orders
2. Repartamientos for
Spanish military as
reward for their
service and
3. Spanish
encomenderos
● Filipinos were not given the right to
own land, and only worked in them
so that they might have a share of
the crops and pay tribute.
● The encomienda system was an
unfair and abusive system as
“compras y vandalas” became the
norm for the Filipino farmers working
the land they were made to sell the
products at a very low price or
surrender their products to the
encomenderos, who reold this at a
profit.
● From this encomienda system, the
hacienda system developed in the
beginning of the 19th century as the
Spanish government implemented
policies that would fast tract the
entry of the colony into the capitalist
world.
● The economy was tied to the world
market as the Philippines became
an exporter of raw materials and
importer of goods.
● Agricultural exports were demands
and the hacienda system was
developed as a new form of
ownership.
● In the 1860’s, Spain enacted a law
ordering landowners to register their
landholdings.
● Lands were claimed and registered
in other people’s names, and many
peasant families who were
“assigned” to the land in the earlier
days of colonization were driven out
or forced to come under the power
of these people who claimed rights
to the land because they held a title.
Landownership in the Philippines under
the Americans
● The Philippine Bill of 1902 provided
regulations on the disposal of public
lands.
● Landownership did not improve
during the American period because
there was no limit to the size of
landholdings people could possess
and the accessibility of possession
was limited to those who could
 afford to buy, register, and acquire,
fixed property titles.
● The land reform program was also
implemented without support
mechanisms.
● The system introduced by the
Americans enabled more lands to be
places under tenancy, which led to
widespread peasant uprising.
● During the years of the
Commonwealth government, the
situation further worsened as
peasant uprisings increased and
landlord-tenant relationship became
more and more disparate.
● President Quezon laid down a social
justice program focused on the
purchase of haciendas, which were
to be divided and sold to tenants.
Post-War Intervention toward Agrarian
Reform
● Rehabilitation and rebuilding after
the war were focused on proving
solutions to the problems of the past.
● The administration of President
Roxas established a 70-30 sharing
arrangement between tenant and
landlord respectively.
● Under the term of President Elpidio
Quirino, the Land Settlement
Development Corporation
(LASEDECO) was established to
accelerate and expand the
resettlement program for peasants.
● This agency later on became the
National Resettlement and
Rehabilitation Administration
(NARRA) under the administration of
President Ramon Magsaysay.
● NARRA accelerated the
government’s resettlement program
and distribution of agricultural lands
to landless tenants and farmers.
Agrarian Reform Efforts under Marcos
● President Marcos declared Martial
Law in 1972, enabling him to
essentially wipe out the landlord
dominated Congress.
● Through his “technocrats”, he was
able to expand executive power to
government, including its efforts in
solving the deep structural problems
of the countryside.
● Presidential Decree No. 27 or the
Code of Agrarian Reform of the
Philippines became the core of
agrarian reform during Marcos
regime.
Post 1986 Agrarian Reform
● The overflow of Marcos and the
1987 Constitution resulted in a
renewed interest and attention to
agrarian reform as President
Corazon Aquino envisioned agrarian
reform to be the centerpiece of her
administration’s social legislation,
which proved difficult because her
background betrayed her - she came
from a family of a wealthy and
landed clan that owned the
Hacienda Luisita.
● On July 22, 1987, Aquino issued
Presidential Proclamation 131 and
Executive Order 229, which outlined
her land reform program.
● In 1988, Congress passed Republic
Act No. 6657 or the Comprehensive
Agrarian Reform Law (CARL), which
introduced the same name
(Comprehensive Agrarian Reform
Program or CARP).
● It enabled the redistribution of
agricultural lands to tenant-farmers
 from landowners, who were paid in
exchange by the government
through just compensation and
allowed them to retain not more than
five hectares.
● CARP was limited because it
accomplished very little during the
administration of Aquino.
● It only accomplished 22.5% of land
distribution in six years owing to the
fact that Congress, dominated by the
landed elite, was unwilling to fund
the high compensation costs of the
program.’Under the term of
President Ramos, CARP
implementation was speeded in
order to meet the ten year time
frame, despite limitations and
constraints in funding, logistics, and
participation of involved sectors.
● By 1996, the Department of Agrarian
Reform (DAR) distributed only
58.25% of the total area target to be
covered by the program.
● To address the lacking funding and
the dwindling time for the
implementation of CARP, Ramos
signed Republic Act No. 8532 in
1998 to amend CARL and extend
the program to another ten years.
Carper and the Future of Agrarian
Reform in the Philippines
● The new deadlines of Carp expired
in 2008, leaving 1.2 million farmer
beneficiaries and 1.6 million
hectares of agricultural land to be
distributed to farmers.
● In 2009, President Arroyo signed
Republic Act No. 9700 or the
Comprehensive Agrarian Reform
Program Extension with Reforms
(CARPER), the amendatory law that
extended the deadline to five more
years.
● From 2009 to 2014, CARPER has
distributed a total of 1 million
hectares of land to 900,000 farmer
beneficiaries. After 27 years of land
reform and two Aquino
administrations, 500,000 hectares of
lands remain un-distributed.
● The DAR and the Department of
Environment and Natural Resources
(DENR) are the government
agencies mandated to fulfill CARP
and CARPER, but even combined
effort and resources of the two
agencies have provided incapable of
fully achieving the goal o f agrarian
reform in the Philippines.
Taxation
● Taxation
- is the practice of collecting
taxes from citizens based on
their earnings and property.
● What is the purpose and
importance of taxation?
- Taxation is a means by which
governments finance their
expenditures by imposing
charges on citizens and
corporate entities.
● The main purpose of taxation is to
accumulate funds for the functioning
of the government machineries.
● Why are taxes so important to our
economy?
- They fund essential public
goods and services, they
 contribute positively to
national services and many
of the things that they fund -
from highways, schools and
indirectly create private
wealth. In other words, taxes
are the lifeblood of our
government.
Taxation in Spanish Philippines
● Subsistence economy
● Tribute or taxes
● Cedula personal
Taxation under the Americans
● From 1898 to 1903, the Ameicans
followed the Spanish system of
taxation with some modifications.
● Industria tax - levied on business
● Income tax
● Inheritance tax
● National lottery
Taxation during the Commonwealth
Period
● Income tax
● Residence tax
Types of Taxes
There are two types of taxes: National and
Local
National taxes
- are the ones paid to the government
through the Bureau of Internal
Revenue. The National taxation
system is based on the National
Internal Revenue Code of 1997 or
the Republic Act No. 8424 otherwise
known as the Tax Reform Act of
1997, as amended.
The types of national taxes are as follows:
1. Capital Gains Tax
- is a tax gain that may have
been realized by a seller
from the sale, exchange or
other disposition of capital
assets located in the
Philippines, including a sale
with a condition for
repurchase and other forms
of conditional sale.
2. Documentary Stamp Tax
- Is a tax on documents,
instruments, loan
agreements, and papers
evidencing the acceptance,
assignments, sale or
property incident thereto.
Documentary stamp taxes
are evident on documents
like bank promissory notes,
deed of sale, and deed of
assignment on transfer of
shares of corporate stock
ownership.
3. Donor’s Tax
- Is a tax on a donation or gift.
It is also a tax imposed on
the gratuitous transfer if
property between two or
more persons who are living
at the time of the transfer is
in the trust or otherwise,
whether the gift is direct or
indirect, and whether the
property is real or personal,
tangible or intangible.
- A donor;s tax is based on a
graduated schedule of tax
rate
4. Estate Tax
- Is a tax on the right of the
deceased person to transmit
his/her estate to lawful heirs
 and beneficiaries at the time
of death and on certain
transfers which are made by
law as equivalent to
testamentary disposition. It is
not a tax on property. It is a
tax imposed on the privilege
of transmitting upon the
death of the owner. The
estate tax is based on the
laws on the force at the time
of the death notwithstanding
the postponement of the
actual possession or
enjoyment of the estate by
the beneficiary.
5. Income Tax
- Is a tax on all annual profits
made from property
ownership, profession, trades
or offices. It is also tax on a
person’s income,
emoluments, profits, and the
like, self employed
individuals and corporate
taxpayers pay quarterly
income taxes from the first
quarter to the third quarter.
And instead of filing quarterly
income tax on the fourth
quarter, they file and pay
their annual income tax
return for the taxable year.
Individual Income Tax
- Is based on graduated schedule of
tax rate, while;
Corporate Income Tax
- is based on a fixed rate prescribed
by the tax law or special law
6. Percentage Tax
- Is a business tax imposed on
persons or entities who sell
or lease goods, properties, or
services in the course of
trade or business whose
gross annual sales or
receipts do not exceed the
amount required to register
as VAT-registered taxpayers.
7. Value-Added Tax
- Is a business tax imposed
and collected from the seller
in the course of trade or
business on every sale of
properties (real or personal),
lease of goods and
properties (real or personal),
or vendors of services. It is
an indirect tax; thus, it can be
passed on to the buyer,
causing the increase of
prices of most goods and
services bought and paid by
consumers. VAT returns are
usually filed and paid
monthly and quarterly.
The latest law on Taxation is RA 9337
signed on May 24, 2005 by President Gloria
Arroyo is known as the “expanded value
added tax” or the E-VAT law.
8. Excise Tax
- Is a tax imposed on goods
manufactured or produced in
the Philippines for domestic
sale or consumption or any
other disposition. It is also
imposed on things that are
imported.
Local Taxes
- is based on the local government
taxation in the Philippines as stated
in Republic Act 7160 or the Local
Government Code of 1991 as
 amended. These taxes, fees, or
charges are imposed by the local
government units, such as
provinces, cities, municipalities, and
barangays.
Local Taxes, on the other hand includes:
1. Tax on transfer of Real Property
Ownership
- Is important on the sale,
donation, barter, or on any
other mode of transferring
ownership of real property.
2. Tax on Business of Printing and
Publication
- Is imposed on printing and
publication businesses like
that of books, cards, posters,
leaflets, handbills,
certificates, receipts,
pamphlets, and others of
similar nature.
3. Franchise Tax
- Is a tax on franchised
businesses, at the rate not
exceeding fifty percent (50%)
of one percent (1%) of the
gross annual receipts of the
preceding calendar year
based on the incoming
receipt within the territorial
jurisdiction where the
franchise is selling in.
4. Tax on Sand, Gravel, and Other
Quarry Resources
- Is imposed on ordinary
stones, sand, gravel, earth,
and other quarry resources,
as defined under the National
International Revenue Code,
as amended. This refers to
the above materials that are
extracted from public lands
or from the beds of seas,
lakes, rivers, streams,
creeks, and other public
waters within its territorial
jurisdiction.
5. Professional Tax
- Is an annual tax on each
person engaged in the
exercise or practice of his or
her profession that requires
government examination, like
licensure examination.
6. Amusement Tax
- Is a tax collected from the
proprietors, lessees, or
operators of theaters,
cinemas, concert halls,
circuses, boxing stadia, and
other places of amusement.
7. Annual Fixed Tax for Every
Delivery Truck or Van of
Manufacturers or Producers,
Wholesalers of, Dealers, or
Retailer in, Certain Products
- Is an annual fixed tax for
every truck, van or any
vehicle used by
manufacturers, producers,
wholesalers in the delivery or
distribution of distilled spirits,
fermented liquors, soft drinks
and cigarettes and other
products to sales outlets, or
consumers, whether directly
or indirectly within the
province. This type of tax is
usually imposed as
determined by the local
provincial councils through or
deliver their cargo.
8. Tax on Business
- Is imposed by cities or
municipalities on businesses
before they will be issued a
 business license or permit to
start operations based on the
schedule of rates prescribed
by the local government
code, as amended.
Businessmen pay this tax if
they apply for a Mayor’s
Permit to conduct their
business in the local
government unit. Rates of
these taxes vary among
cities and municipalities.
9. Fees for Sealing and Licensing of
Weights and Measures
- Are imposed for the sealing
and licensing of weights and
measures. This it to impose
regulations with regards to
such weights and measures
as prescribed by the city.
10. Fishery Rentals, Fees, and
Charges
- Are imposed by the
municipality/city to grantees
of fishery privileges in the
municipality/city water,
especially the privilege to
build fish corals, oysters,
mussels, or other aquatic
beds as specified in the
Local Government Code.
11. Community Tax
- Is the tax levied by cities or
municipalities every Filipino
or alien living in the
Philippines, eighteen (18)
years of age or over, who
has been regularly employed
on a wage or salary basis for
at least thirty (30)
consecutive working days
during any calendar year, or
who is engaged in business
or occupation. Community
Tax is also imposed on every
corporation no matter how
created or organized,
whether domestic or resident
foreign, engaged in or doing
business in the Philippines.
12. Taxes levied by the barangays
- In stores and retailers with
fixed business
establishments with gross
sales of receipts of the
preceding calendar year
amounting to fifty thousand
pesos or less (for city
barangays) and thirty
thousand pesos or at a rate
not exceeding one percent
on such gross sales or
receipts.
13. Service Fees or charges
- Are fees or charges collected
by the barangays for services
rendered in connection with
the regulation or the use of
barangay owned properties
or service facilities, such as
copra, or tobacco dryers.
14. Barangay Clearance
- Is a fee collected by
barangays upon issuance of
barangay clearance, a
document required for many
government transactions,
such as when getting a
business permit from a city
municipal government or
applying for a job in a
government office or a
private company.