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Republic of the Philippines

Laguna State Polytechnic University


Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited

LSPU Self-Paced Learning Module (SLM)


Course GEC 102 - Readings in Philippine History
Sem/AY First Semester/2021-2022
Module No. 3.1
Lesson Title AGRARIAN REFORM POLICIES
Week
2
Duration
Date January 3-14, 2022
Discuss the agrarian reform policy, and understand the CARP- Comprehensive Agrarian
Description Reform Program. Students are given opportunities to analyse the author’s background and
of the main arguments, compare other points of view, identify biases, and examine the evidence
Lesson presented in the document.

Learning Outcomes
Intended Students should be able to meet the following intended learning outcomes:
Learning  Effectively communicate, using various techniques and genres, historical analysis
Outcomes of a particular event that could help others understand the chosen topic,
 Propose recommendation or solutions to present day problems based on their
understanding of roots causes, and their anticipation of future scenarios;
 Display the ability to work in a multi-disciplinary team and contribute to a group
endeavour.
Targets/ At the end of the lesson, students should be able to:
Objectives  To be able to make a contribution in crafting a new Agrarian Reform Law.
 To be able to understand the history of Agrarian reform
 Develop their own revision or proposal regarding the agrarian reform.

Student Learning Strategies


Online A. Online Discussion via Google Meet
Activities The link will be available in our Google Classroom and will also be sent in our FB
(Synchronous/ Messenger group chat.
Asynchronous)
Learning Guide Questions:
1. What is meant by the Agrarian structures? By the rice-farming structure?
2. What are the most common sharing arrangements currently used by
landlords & tenants? How do they compare with provisions law?
3. What can you say in the news about agrarian reform from what Duterte said
Hacienda Luisita exemption ‘fly in the ointment’ of Cory’s agrarian
reform?
B. For those in asynchronous, find this module as attached to your Google Classroom.

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited

AGRARIAN REFORM POLICIES


Introduction

https://www.slideshare.net/NeilDagohoy/agrarian-reform-in-the-philippines

Agrarian reform is not just a social justice program, that is, it is not just
about “giving land to the landless” but also about improving the productivity of those
lands and the efficiency of agricultural production, thereby contributing to economic
growth and the welfare of those involved in agriculture. To do this, support services
Offline like credit facilities, training programs for farmers, etc. are needed. In the end, it is not
Activities just about quantity of land distributed – the CARP has distributed more land than any
(e- other similar program in the world – but the quality of the overall program remains
Learning/Self- questionable in the sense that it is believed much more could have been achieved
Paced) socially and economically given the large expenditures the program has incurred.

AGRARIAN REFORM HISTORY

https://historyofyesterday.com/of-landlords-and-revolts-d48fb3d7d9ba

Pre-Spanish Period: “This land is Ours God gave this land to us”
Before the Spaniards came to the Philippines, Filipinos lived in villages or barangays
ruled by chiefs or datus. The datus comprised the nobility. Then came the maharlikas
(freemen), followed by the aliping mamamahay (serfs) and aliping saguiguilid (slaves).

However, despite the existence of different classes in the social structure, practically
everyone had access to the fruits of the soil. Money was unknown, and rice served as
the medium of exchange.

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited
Spanish Period: “United we stand, divided we fall”
When the Spaniards came to the Philippines, the concept of encomienda (Royal Land
Grants) was introduced. This system grants that Encomienderos must defend his
encomienda from external attack, maintain peace and order within, and support the
missionaries. In turn, the encomiendero acquired the right to collect tribute from the indios
(native).

The system, however, degenerated into abuse of power by the encomienderos The tribute
soon became land rents to a few powerful landlords. And the natives who once cultivated
the lands in freedom were transformed into mere share tenants.

First Philippine Republic: “The yoke has finally broken”


When the First Philippine Republic was established in 1899, Gen. Emilio Aguinaldo
declared in the Malolos Constitution his intention to confiscate large estates, especially
the so-called Friar lands.

However, as the Republic was short-lived, Aguinaldo’s plan was never implemented

https://historyofyesterday.com/of-landlords-and-revolts-d48fb3d7d9ba

American Period: “Long live America”


Significant legislation enacted during the American Period:

 Philippine Bill of 1902 – Set the ceilings on the hectarage of private individuals and
corporations may acquire: 16 has. For private individuals and 1,024 has. For
corporations.
 Land Registration Act of 1902 (Act No. 496) – Provided for a comprehensive
registration of land titles under the Torrens system.
 Public Land Act of 1903 – introduced the homestead system in the Philippines.
 Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated relationships between
landowners and tenants of rice (50-50 sharing) and sugar cane lands.

The Torrens system, which the Americans instituted for the registration of lands, did not
solve the problem completely. Either they were not aware of the law or if they did, they
could not pay the survey cost and other fees required in applying for a Torrens title.

Commonwealth Period: “Government for the Filipinos”


President Manuel L. Quezon espoused the "Social Justice" program to arrest the
increasing social unrest in Central Luzon.

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited
Significant legislation enacted during Commonwealth Period:

 1935 Constitution – "The promotion of social justice to ensure the well-being and
economic security of all people should be the concern of the State"
 Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No. 4045), Nov.
13, 1936 – Provided for certain controls in the landlord-tenant relationships
 National Rice and Corn Corporation (NARIC), 1936 – Established the price of rice and
corn thereby help the poor tenants as well as consumers.
 Commonwealth Act. No. 461, 1937 – Specified reasons for the dismissal of tenants and
only with the approval of the Tenancy Division of the Department of Justice.
 Rural Program Administration, created March 2, 1939 – Provided the purchase and
lease of haciendas and their sale and lease to the tenants.
Commonwealth Act No. 441 enacted on June 3, 1939 – Created the National Settlement
Administration with a capital stock of P20, 000,000.

Japanese Occupation: “The Era of Hukbalahap”


The Second World War II started in Europe in 1939 and in the Pacific in 1941.
Hukbalahap controlled whole areas of Central Luzon; landlords who supported the
Japanese lost their lands to peasants while those who supported the Huks earned fixed
rentals in favor of the tenants.

Unfortunately, the end of war also signaled the end of gains acquired by the peasants.
Upon the arrival of the Japanese in the Philippines in 1942, peasants and workers
organizations grew strength. Many peasants took up arms and identified themselves with
the anti-Japanese group, the HUKBALAHAP (Hukbo ng Bayan Laban sa Hapon).

https://historyofyesterday.com/of-landlords-and-revolts-d48fb3d7d9ba
The Partidong Komunista ng Pilipinas and the Hukbong Mapagpalaya ng Bayan

Philippine Republic: “The New Republic”


After the establishment of the Philippine Independence in 1946, the problems of land
tenure remained. These became worst in certain areas. Thus the Congress of the
Philippines revised the tenancy law.

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited

https://philpad.com/presidents-philippines-achievements-contributions/

President Manuel A. Roxas (1946-1948) enacted the following laws:

 Republic Act No. 34 -- Established the 70-30 sharing arrangements and regulating
share-tenancy contracts.
 Republic Act No. 55 -- Provided for a more effective safeguard against arbitrary
ejectment of tenants.

Elpidio R. Quirino (1948-1953) enacted the following law:


Executive Order No. 355 issued on October 23, 1950 -- Replaced the National Land
Settlement Administration with Land Settlement Development Corporation
(LASEDECO) which takes over the responsibilities of the Agricultural Machinery
Equipment Corporation and the Rice and Corn Production Administration.

Ramon Magsaysay (1953-1957) enacted the following laws:


 Republic Act No. 1400 (Land Reform Act of 1955) -- Created the Land Tenure
Administration (LTA) which was responsible for the acquisition and distribution of
large tenanted rice and corn lands over 200 hectares for individuals and 600 hectares
for corporations.
 Republic Act No. 821 (Creation of Agricultural Credit Cooperative Financing
Administration) -- Provided small farmers and share tenants loans with low interest
rates of six to eight percent.

President Carlos P. Garcia (1957-1961)


Continued the program of President Ramon Magsaysay. No new legislation passed.

President Diosdado P. Macapagal (1961-1965) enacted the following law:


Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) -- Abolished
share tenancy, institutionalized leasehold, set retention limit at 75 hectares, invested
rights of preemption and redemption for tenant farmers, provided for an administrative
machinery for implementation, institutionalized a judicial system of agrarian cases,
incorporated extension, marketing and supervised credit system of services of farmer
beneficiaries.
The RA was hailed as one that would emancipate Filipino farmers from the bondage of
tenancy

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited
President Ferdinand E. Marcos (1965-1986)
Proclamation No. 1081 on September 21, 1972 ushered the Period of the New Society.
Five days after the proclamation of Martial Law, the entire country was proclaimed a land
reform area and simultaneously the Agrarian Reform Program was decreed.

President Marcos enacted the following laws:


 Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of 1971 --
Created the Department of Agrarian Reform and the Agrarian Reform Special Account
Fund. It strengthens the position of farmers and expanded the scope of agrarian reform.
 Presidential Decree No. 2, September 26, 1972 -- Declared the country under land
reform program. It enjoined all agencies and offices of the government to extend full
cooperation and assistance to the DAR. It also activated the Agrarian Reform
Coordinating Council.
 Presidential Decree No. 27, October 21, 1972 -- Restricted land reform scope to
tenanted rice and corn lands and set the retention limit at 7 hectares.

President Corazon C. Aquino (1986-1992)


The Constitution ratified by the Filipino people during the administration of President
Corazon C. Aquino provides under Section 21 under Article II that “The State shall
promote comprehensive rural development and agrarian reform.”

On June 10, 1988, former President Corazon C. Aquino signed into law Republic Act No.
6657 or otherwise known as the Comprehensive Agrarian Reform Law (CARL). The law
became effective on June 15, 1988.

Subsequently, four Presidential issuances were released in July 1987 after 48 nationwide
consultations before the actual law was enacted.
President Corazon C. Aquino enacted the following laws:
 Executive Order No. 228, July 16, 1987 – Declared full ownership to qualified farmer-
beneficiaries covered by PD 27. It also determined the value remaining unvalued rice
and corn lands subject of PD 27 and provided for the manner of payment by the FBs
and mode of compensation to landowners.
 Executive Order No. 229, July 22, 1987 – Provided mechanism for the implementation
of the Comprehensive Agrarian Reform Program (CARP).
 Proclamation No. 131, July 22, 1987 – Instituted the CARP as a major program of the
government. It provided for a special fund known as the Agrarian Reform Fund (ARF),
with an initial amount of Php50 billion to cover the estimated cost of the program from
1987-1992.
 Executive Order No. 129-A, July 26, 1987 – streamlined and expanded the power and
operations of the DAR.
 Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform Law) – An
act which became effective June 15, 1988 and instituted a comprehensive agrarian
reform program to promote social justice and industrialization providing the
mechanism for its implementation and for other purposes. This law is still the one being
implemented at present.
 Executive Order No. 405, June 14, 1990 – Vested in the Land Bank of the Philippines
the responsibility to determine land valuation and compensation for all lands covered
by CARP.

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited
 Executive Order No. 407, June 14, 1990 – Accelerated the acquisition and distribution
of agricultural lands, pasture lands, fishponds, agro-forestry lands and other lands of
the public domain suitable for agriculture.

President Fidel V. Ramos (1992-1998)


When President Fidel V. Ramos formally took over in 1992, his administration came face
to face with publics who have lost confidence in the agrarian reform program. His
administration committed to the vision “Fairer, faster and more meaningful implementation
of the Agrarian Reform Program.
President Fidel V. Ramos enacted the following laws:
 Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization Act AFMA)
– Plugged the legal loopholes in land use conversion.
 Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an additional Php50
billion for CARP and extended its implementation for another 10 years.

President Joseph E. Estrada (1998-2000)


“ERAP PARA SA MAHIRAP’. This was the battle cry that endeared President Joseph
Estrada and made him very popular during the 1998 presidential election.

President Joseph E. Estrada initiated the enactment of the following law:


Executive Order N0. 151, September 1999 (Farmer’s Trust Fund) – Allowed the voluntary
consolidation of small farm operation into medium and large scale integrated enterprise
that can access long-term capital.

During his administration, President Estrada launched the Magkabalikat Para sa


Kaunlarang Agraryo or MAGKASAKA. The DAR forged into joint ventures with private
investors into agrarian sector to make FBs competitive.

However, the Estrada Administration was short lived. The masses who put him into office
demanded for his ouster.

President Gloria Macapagal-Arroyo (2000-2010)


The agrarian reform program under the Arroyo administration is anchored on the vision
“To make the countryside economically viable for the Filipino family by building
partnership and promoting social equity and new economic opportunities towards lasting
peace and sustainable rural development.”

Land Tenure Improvement - DAR will remain vigorous in implementing land acquisition
and distribution component of CARP. The DAR will improve land tenure system through
land distribution and leasehold.

Provision of Support Services - CARP not only involves the distribution of lands but also
included package of support services which includes: credit assistance, extension
services, irrigation facilities, roads and bridges, marketing facilities and training and
technical support programs.

Agrarian Justice - To help clear the backlog of agrarian cases, DAR will hire more
paralegal officers to support undermanned adjudicatory boards and introduce quota

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited
system to compel adjudicators to work faster on agrarian reform cases. DAR will respect
the rights of both farmers and landowners.

President Benigno Aquino III (2010-2016)


Under his administration, the Agrarian Reform Community Connectivity and Economic
Support Services (ARCCESS) project was created to contribute to the overall goal of rural
poverty reduction especially in agrarian reform areas.

Agrarian Production Credit Program (APCP) provided credit support for crop production
to newly organized and existing agrarian reform beneficiaries’ organizations (ARBOs)
and farmers’ organizations not qualified to avail themselves of loans under the regular
credit windows of banks.

The legal case monitoring system (LCMS), a web-based legal system for recording and
monitoring various kinds of agrarian cases at the provincial, regional and central offices
of the DAR to ensure faster resolution and close monitoring of agrarian-related cases, was
also launched.

Aside from these initiatives, Aquino also enacted Executive Order No. 26, Series of 2011,
to mandate the Department of Agriculture-Department of Environment and Natural
Resources-Department of Agrarian Reform Convergence Initiative to develop a National
Greening Program in cooperation with other government agencies.

President Rodrigo Roa Duterte (2016 – present)


Under his leadership, the President wants to pursue an “aggressive” land reform program
that would help alleviate the life of poor Filipino farmers by prioritizing the provision of
support services alongside land distribution.

The President directed the DAR to launch the 2nd phase of agrarian reform where
landless farmers would be awarded with undistributed lands under the Comprehensive
Agrarian Reform Program (CARP).

Under his administration the DAR created an anti-corruption task force to investigate and
handle reports on alleged anomalous activities by officials and employees of the
department.
The Department also pursues an “Oplan Zero Backlog” in the resolution of cases in
relation to agrarian justice delivery of the agrarian reform program to fast-track the
implementation of CARP.

https://mindanao.politics.com.ph/house-panel-okays-full-insurance-coverage-carp-beneficiaries/

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited
What is RA 6657 or CARP- Comprehensive Agrarian Reform Program?
CARP, or Comprehensive Agrarian Reform Program, is the redistribution of public and
private agricultural lands to farmers and farmworkers who are landless, irrespective of
tenurial arrangement.
CARP Vision- to have an equitable land ownership with empowered agrarian reform
beneficiaries who can effectively manage their economic and social development to have
a better quality of life.

Republic Act No. 6657


June 10, 1988

AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM


TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE
MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES
What is CARP? What is CARPER?
CARP stands for the Comprehensive Agrarian Reform Program, a government initiative
that aims to grant landless farmers and farmworkers ownership of agricultural lands.

CARPER or Comprehensive Agrarian Reform Program Extension with reform, is the


amendatory law that extends yet again the deadline of distributing agricultural lands to
farmers for five years.

Who are the beneficiaries of CARP?


Landless farmers, including agricultural lessees, tenants, as well as regular, seasonal and
other farmworkers. The Department of Agrarian Reform (DAR) identifies and screens
potential beneficiaries and validates their qualifications.

What are the government offices involved in the program?


The lead agencies are (DAR) Department of Agrarian Reform, and the (DENR)
Department of Environment and Natural Resources (DENR). They are in charge of the
identification and distribution of covered land, and is commonly referred to as CARPable
land.

How much land is subject to land reform?


An estimated 7.8 million hectares of land is covered by CARP.

How much land has been acquired and distributed so far?


As of December 31, 2013, the government has acquired and distributed 6.9 million hectares
of land, equivalent to 88% of the total land subject to CARP.

How much land was distributed to beneficiaries under this administration?


From July 2010 to December 2013, the administration has distributed a total of 751,514
hectares, or 45 % of the total landholdings to be distributed to the farmer beneficiaries left
under this administration.

DAR- distributed 412,782 hectares, DENR- distributed 338,732 hectares.

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited
How much land does the government still need to acquire for distribution from 2014
to 2016?
DAR still needs to acquire 771,795 hectares, while the DENR still needs to acquire
134,857 hectares- a total of 906,652 hectares.

How will the government acquire the landholdings?


There are different modes of acquiring and distributing public and private agricultural
lands. For private lands under compulsory acquisition, the DAR will issue Notices of
Coverage to the original owners of the landholdings. Notices of Coverage will be issued
to most of the landholdings by June 30, 2014.

What is a Notice of Coverage?


Notice of Coverage (NOC) is a letter informing a landowner that his/her land is covered
by CARP, and is subject to acquisition and distribution to beneficiaries. It likewise
informs the landowner of his/her right under the law, including the right to retain 5
hectares.

After the period of time allotted for CARPER by law is passed (August 7, 2009 to
June 30, 2014), how will the remaining landholdings, which are subject to
compulsory acquisition, be distributed to the beneficiaries?
As long as Notices of Coverage are issued on or before June 30, 2014, land distribution
to beneficiaries shall continue until completion

How does DAR intend to deal with the remaining landholdings (771,795 hectares) to
be distributed?
DAR projects that it will be distributing 187,686 hectares in 2014; 198,631 hectares in
2015; and 385,478 hectares in 2016.

Of the remaining CARPable landholdings to be distributed, 551,275 hectares are


considered workable, while 220,520 hectares are tagged as problematic.

What were the challenges encountered in the course of acquiring and distributing
private lands?
In some cases, technical descriptions in the land titles were found to be erroneous and had
to be corrected. Some titles were destroyed, and therefore, had to be reissued by
undergoing a court process, similar to filling a case. Potential beneficiaries argued among
themselves on who should or should not be qualified as beneficiaries; these disputes had
to be mediated or resolved by the government. In other cases, landowners may petition
that their lands be exempted or excluded from CARP coverage, and some of these
petitions have gone up to the Supreme Court.

ENGAGING ACTIVITY:
To learn more, watch this video:

Agrarian Reform in the Philippines


By: Prof .Lei
https://youtu.be/3I1H3a8SP_M

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited

Performance Task
Proposals to the CARP and CARPER Laws
The CARP law was amended and extended by the CARPER Law to make Agrarian reform more
responsive to the needs and situation of the society, but the law is far from perfect considering the
complaints coming from different sectors. If you were given the chance to contribute in crafting a
new Agrarian Reform Law, what would be your proposals?
1. Get a copy of CARP and CARPER laws
2. Write on the right side the items you would want changed, revised or replaced on a paper item
basis.
3. Write on the left side your proposal
4. Provide the reason/s for your revision or proposal
AGRARIAN REFORM
CARP AND CARPERS Laws PROPOSAL

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited

Reason/s for the proposal

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited

Understanding Directed Assessment


Rubric Proposal to the CARP and CARPER LAW
Criteria/Points 4 3 2 1

Content Students can contribute Students can contribute Students can contribute Students have
(4) in crafting a New in crafting a New in crafting a New difficulty in crafting a
Agrarian Reform Law Agrarian Reform Law Agrarian Reform Law New Agrarian Reform
proposal in a clear and proposal in a consistent proposal but do so in a Law proposal.
consistent manner. manner. somewhat consistent
manner.

Organization The student provides a The student provides a The student provides The student provides
clear sense of order in slight sense of order in no sense of order in the no sense of order in the
(4) the proposal. The the proposal. The proposal. Few points proposal. No point
supporting points are supporting points are support the main ideas supports any main
in a logical in a logical ideas
progression. progression.

Supporting evidence The student provides The student provides The student provides The student does not
three or more pieces of two pieces of only one supporting provide supporting
(4) supporting evidence to supporting evidence to evidence to strengthen evidence.
strengthen the ideas. strengthen the ideas the ideas

Understanding the The student The student The student The student shows of
topic demonstrates a demonstrates a good demonstrates a limited lack of understanding
thorough understanding of understanding of of Agrarian Reform
(4) understanding of Agrarian Reform Agrarian Reform Program and CARP
Agrarian Reform Program and CARP Program and CARP
Program and CARP

Grammar, All sentences are well- Most sentences are Some sentences are Sentences sound
vocabulary, and constructed. There are well-constructed. well-constructed, but awkward, and there are
fluency no errors in grammar There are a few errors there are several errors several errors in
or spelling. in grammar or spelling. in grammar or spelling grammar or spelling
(4) that interfere with that interfere with
understanding. understanding.

Learning Resources
Solmerano et al. (2018). Readings in Philippine History. Zone 051, 1239 Instruccion St., Sampaloc Manila,
1008 Metro Manila: Fastbook Publishing Inc.

Torres J.V. (2018) Batis: Sources in Philippine History. Quezon City, Philippines: C & E Publishing Inc.

Runes, Ildefonso T. & Buenafe, Mamerto M. (1962) The Forgery of Rizal’s Retraction and Josephine’s
Autobiography, Manila: Pro-Patria Publishers

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited
LSPU Self-Paced Learning Module (SLM)
Course GEC 102 - Readings in Philippine History
Sem/AY First Semester/2021-2022
Module No. 3.2
Lesson Title THE PHILIPPINES CONSTITUTION
Week
2
Duration
Date January 17-28, 2022
Discuss the definition and construction of Philippine Constitution with structure and its
Description content. Students are given opportunities to analyse the author’s background and main
of the arguments, compare other points of view, identify biases, and examine the evidence
Lesson presented in the document.

Learning Outcomes
Intended Students should be able to meet the following intended learning outcomes:
Learning  Effectively communicate, using various techniques and genres, historical analysis of a
Outcomes particular event that could help others understand the chosen topic,
 Propose recommendation or solutions to present day problems based on their
understanding of roots causes, and their anticipation of future scenarios;
 Display the ability to work in a multi-disciplinary team and contribute to a group
endeavour.
Targets/ At the end of the lesson, students should be able to:
Objectives  To be able to make a contribution in crafting a new Philippine Constitution Proposal.
 To be able to understand the history of Philippine Constitution
 Develop their own revision or proposal regarding the Philippine Constitution.

Student Learning Strategies


Online A. Online Discussion via Google Meet
Activities The link will be available in our Google Classroom and will also be sent in our FB
(Synchronous/ Messenger group chat.
Asynchronous)
Learning Guide Questions:
1. What is the purpose of 1987 Philippine Constitution?
2. What is the importance of Philippine Constitution?
3. What is the purpose of written constitution?
4. Why did Marcos change the constitution?
5.
B. For those in asynchronous, find this module as attached to your Google Classroom .

LSPU SELF-PACED LEARNING MODULE: GEC 102- READINGS IN PHILIPPINE HISTORY


Republic of the Philippines
Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited

THE PHILIPPINES CONSTITUTION

Introduction

https://www.rappler.com/newsbreak/iq/iatf-proposed-amendments-1987-philippine-constitution

A constitution is a set of fundamental principles or established precedents


according to which a state or other organization is governed. These rules together make
up, i.e. constitute, what the entity is. When these principles are written down into single
documents or set of legal documents, those documents may be said to embody a written
Offline constitution. (“Constitution,”2018)
Activities A Constitution is the fundamental & entrenched rules governing the conduct of an
(e- organization or nation state, and establishing its concept, character and structure. It is
Learning/Self- usually a short document, general in nature and embodying the aspirations and values of
Paced) its writers and subjects. (Business Dictionary,n.d.)

https://prezi.com/p/vjleexn-eu2j/evolution-of-the-philippine-constitution/

The 1897 Constitution of Biak-na-Bato


On March 22, 1897 at San Francisco de Malabon, Cavite where, the first presidential
and vice-presidential elections in Philippine history were held, although the election was
only among the Katipuneros and not the general population.

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On November 1, 1897 at Biak-na-bato in the town of San Miguel de mayumo in
Bulacan, the Republic of Biak –na- Bato was established. The Biak-na-bato Republic had
a constitution drafted by Isabelo Artacho and Felix Ferrer which was based on the Cuban
Constitution. The Constitution was known as the “Constitucion Provisional de la
Republica de Filipinas” (Provisional Constitution of the Philippines). It was originally
written in and promulgated in the Spanish and Tagalog languages.

The 1899 Malolos constitution (1899-1901)


On January 20, 1899 at Barasoain Church in Malolos, Bulacan, the Malolos Congress
proclaimed, enacted and ratified “ Contitucion politica” (Political Constitution). The
document was written in Spanish.

The Malolos Constitution was the first republican constitution in Asia:


a. It declared that sovereignty resides exclusively in the people
b. It stated basic civil rights
c. It separated the church and state
d. It called for the creation of an Assembly of representatives to act as the legislative
body.
e. It called for a parliamentary republic as the form of government. The president
was elected for a term of four years by a majority of the Assembly.

Act of the United State Congress (1902-1934)


From December 10, 1898 to March 24, 1934, the Philippines was a United states
Colony. Hence, the Philippines was at this period under the jurisdiction of the Federal
government of the United State of America.

The United States Congress passed two (2) acts during this period (Philippine
Organic Act of 1902 and Philippine Autonomy Act of 1926) which can be considered
informally as Philippine Constitutions in as much as that these acts defined the
fundamental political principles of the land. It established the structure, procedures,
powers and duties of the Philippine government.

The third act of the United State Congress (Tydings-Mcduffie Act of 1934) provided
a mechanism towards the creation and establishment of a formal constitution.

a. Philippine Organic Act of 1902


The Philippine Organic Act of 1902, also known as the “Philippine Bill of 1902” was the
first organic law for the Philippine Islands enacted by the United States Congress. It
provided for the creation of a popularly elected Philippine Assembly, and specified that
legislative power would be vested in a bicameral legislature composed of the Philippine
Commission (upper house) and the Philippine Assembly (lower house). Its key provisions
included a bill of rights for the Filipinos and the appointment of two non-voting Filipino
Resident Commissioner of the Philippines to represent the Philippines in the United
States House of Representatives.

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b. Philippine Autonomy Act of 1916
The Philippine autonomy act of 1916, also known as the “Jones Law”, modified the
structure of the Philippine government by removing the Philippine Commission as the
legislative upper house and replacing it with a Senate elected by Filipino voters, creating
the Philippines’ first fully elected national legislature. This Act also explicitly stated that
it was and had always been the purpose of the people of United State to end their
sovereignty over the Philippine Islands and to recognize Philippine independence as soon
as a stable government can be established therein.

c. Tydings- McDuffie Act (1934)


Though not a constitution itself, the Tydings-McDuffie Act of 1934 provided authority
and defined mechanisms for the establishment of a formal constitution via a constitutional
convention.

The 1935 Constitution (1935-1943, 1945-1973)


The 1935 constitution was written in 1934, approved and adopted by the
Commonwealth of the Philippines (1935-1946) and later used by the Third Republic
(1946-1972). It was written with an eye to meeting the approval of United State
Government as well, so as to ensure that the U.S. would live up to its promise to grant
the Philippines independence and not have a premise to hold onto its possession on the
grounds that it was too politically immature and hence unready for full, real
independence.

The original 1935 Constitution provided for unicameral National Assembly and the
President was elected to a six-year term without re-election. It was amended in 1940 to
have a bicameral Congress composed of a Senate and House of Representatives, as well
the creation of an independent electoral commission. The Constitution now granted the
President a four-year term with a maximum of two consecutive terms in office.

The 1943 Constitution (1934-1945)


The 1943 Constitution was drafted by a committee appointed by the Philippine
Executive Commission, the body established by the Japanese to administer the Philippines
in lieu of the Commonwealth of the Philippines which had established a government-in-
exile. In mid-1942 Japanese Premier Hideki Tōjō had promised the Filipinos "the honor of
independence" which meant that the commission would be supplanted by a formal republic.

The Preparatory Committee for Philippine Independence tasked with drafting a new
constitution was composed in large part, of members of the prewar National Assembly and
of individuals with experience as delegates to the convention that had drafted the 1935
Constitution. Their draft for the republic to be established under the Japanese Occupation,
however, would be limited in duration, provide for indirect, instead of direct, legislative
elections, and an even stronger executive branch.

Upon approval of the draft by the Committee, the new charter was ratified in 1943
by an assembly of appointed, provincial representatives of the Kalibapi, the organization
established by the Japanese to supplant all previous political parties. Upon ratification by

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the Kalibapi assembly, the Second Republic was formally proclaimed (1943–1945). José P.
Laurel was appointed as President by the National Assembly and inaugurated into office in
October 1943. Laurel was highly regarded by the Japanese for having openly criticized the
US for the way they ran the Philippines, and because he had a degree from Tokyo
International University.

The 1943 Constitution provided strong executive powers. The Legislature consisted
of a unicameral National Assembly and only those considered to be anti-US could stand for
election, although in practice most legislators were appointed rather than elected.

Until the 1960s, the Second Republic and its officers, were not viewed as a legitimate
Philippine government or as having any standing, with the exception of the Supreme Court,
whose decisions, limited to reviews of criminal and commercial cases as part of a policy of
discretion by Chief Justice José Yulo continued to be part of the official records. This was
made easier by the Commonwealth government-in-exile never constituting a Supreme
Court, and the formal vacancy in the position of Chief Justice for the Commonwealth with
the execution of José Abad Santos by the Japanese). It was only during the Macapagal
administration that a partial political rehabilitation of the Japanese-era republic took place,
with the official recognition of Laurel as a former president and the addition of his cabinet
and other officials to the roster of past government officials. However, the 1943 Constitution
was not taught in schools, and the laws of the 1943-44 National Assembly never recognized
as valid or relevant.

The 1937 Constitution (1973-1986)


The 1973 Constitution, promulgated after Marcos' declaration of martial law, was
supposed to introduce a parliamentary-style government. Legislative power was vested in
a unicameral National Assembly whose members were elected for six-year terms. The
President was ideally elected as the symbolic and purely ceremonial head of state chosen
from amongst the Members of the National Assembly for a six-year term and could be re-
elected to an unlimited number of terms. Upon election, the President ceased to be a Member
of the National Assembly. During his term, the President was not allowed to be a member
of a political party or hold any other office.

The 1973 Constitution was further amended in 1980 and 1981. In the 1980 amendment,
the retirement age of the members of the judiciary was extended to 70 years. In the 1981
amendments, the false parliamentary system was formally modified into a French-
style semi-presidential system:
 executive power was restored to the President;
 direct election of the President was restored;
 an Executive Committee composed of the Prime Minister and not more than 14
members was created to "assist the President in the exercise of his powers and functions
and in the performance of his duties as he may prescribe;" and the Prime Minister was
a mere head of the Cabinet.

The last amendments in 1984 abolished the Executive Committee and restored the
position of Vice-President (which did not exist in the original, unamended 1973
Constitution).

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The 1986 Freedom Constitution (1986-1987)
Immediately following the 1986 People Power Revolution that ousted Marcos,
President Corazon C. Aquino issued Proclamation № 3 as a provisional constitution. It
adopted certain provisions from the 1973 Constitution while abolishing others. It granted
the President broad powers to reorganize government and remove officials, as well as
mandating the president to appoint a commission to draft a new, more formal Constitution.
This document, described above, supplanted the "Freedom Constitution" upon
its ratification in 1987.

The 1987 Constitution (1987- present)


The constitutional was composed of fifty members appointed by Pres. Corazon Aquino
from varied backgrounds including several former members of the House of
Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and
political activists against the Marcos regime. The Commission elected Cecilia Muñoz Palm,
a former Associate Justice of the Supreme Court, as its president. Several issues were of
particular contention during the Commission’s sessions, including the form of government
to adopt, the abolition of the death penalty, the retention of the U.S. bases in Clark and
Subic, and the integration of economic policies into the constitution. Lino Brocka, a film
director and political activist who was member of the Commission, walked out before the
constitution’s completion, and two other delegates dissented from the final draft. The
Commission finished the final draft on October 12, 1986 and presented it to Aquino on
October 15. The constitution was ratified by a nationwide plebiscite on February 8, 1987.

STRUCTURE AND CONTENT


Preamble
The preamble introduces the constitution and the source of sovereignty, the people. It
follows the pattern in past constitutions, including an appeal to God. The preamble reads:

https://slideplayer.com/slide/13684093/

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https://twitter.com/assortedge/status/84515638442962124

Article I – National Territory


The national territory comprises the Philippine archipelago, with all the 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 areas. The waters
around, between, and connecting the islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the Philippines.

Article II – Declaration of Principles and State Policies


Article II lays out the basic social and political creed of the Philippines, particularly the
implementation of the constitution and sets forth the objectives of the government. Some
essential provisions are:

 The Philippines is a democratic republic


 Renunciation of war as a form of national policy
 Supremacy of civilian over military authority
 Separation of church and state (inviolable)
 Pursuit of an independent foreign policy
 Abrogation of nuclear weaponry
 Family as the basic unit of the state
 Role of youth and women in nation-building
 Autonomy of local governments
 Equal opportunity for public services and the prohibition of political dynasties

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Article III – Bill of Rights


Article III enumerates specific protections against the abuse of state power, most of which
are similar to the provisions of the U.S. Constitution. Some essential provisions are:

 a right to due process and equal protection of law


 a right against searches and seizures without a warrant issued by a judge
 a right to privacy
 The right to freedom of speech and expression, freedom of the press, freedom of
assembly, and the right to petition
 The free exercise of religion
 a right of abode and the right to travel
 a right to information on matters of public concern
 a right to form associations
 a right of free access to courts
 the right to remain silent and to have competent legal counsel
 a right to bail and against excessive bail conditions
 a right to habeas corpus
Similar to U.S. jurisprudence and other common law jurisdictions, the scope and limitations
of these rights have largely been determined by the Supreme Court through case law.

Article IV – Citizenship
Article IV defines the citizenship of Filipinos. It enumerates two kinds of citizens: natural-
born citizens and naturalized citizens. Natural-born citizens are those who are citizens from
birth without having to perform any act to acquire or perfect Philippine citizenship. The
Philippines follows a jus sanguinis system where citizenship is mainly acquired through a
blood relationship with Filipino citizens.
Natural-born citizenship forms an important part of the political system as only natural-born
Filipinos are eligible to hold high offices, including all elective offices beginning with a
representative in the House of Representatives up to the President.

Article V – Suffrage
Article V mandates various age and residence qualifications to vote and a system of secret
ballots and absentee voting. It also mandates a procedure for overseas and disabled and
illiterate Filipinos to vote.

Article VI – Legislative Department


Article VI provides for a bicameral legislature called the Congress composed of the Senate
and the House of Representatives. It vests upon Congress, among others, the power of
investigation and inquiry in aid of legislation, the power to declare the existence of a state
of war, the power of the purse, the power of taxation, and the power of eminent domain.

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Article VII – Executive Department


Article VII provides for a presidential form of government where the executive power is
vested on the President. It provides for the qualification, terms of office, election, and power
and functions of the President. It also provides for a Vice President and for the presidential
line of succession.

Article VIII – Judicial Department


Article VIII vests the judicial power upon the Supreme Court and other lower courts as may
be established by law (by Congress). While the power to appoint justices and judges still
reside with the President, the President may only appoint nominees pre-selected by
the Judicial and Bar Council, a body composed of the Chief Justice of the Supreme Court,
the Secretary of Justice, the Chairs of the Senate and House Committees on Justice, and
representatives from the legal profession.

Article IX – Constitutional Commissions


Article IX establishes three constitutional commissions: the Civil Service Commission, the
Commission on Elections, and the Commission on Audit,

Article X – Local Government


Article X pursues for local autonomy and mandates Congress to enact a law for the local
government, now currently the Local Government Code.

Article XI – Accountability of Public Officers


Article XI establishes the Office of the Ombudsman which is responsible for investigating
and prosecuting government officials. It also vests upon the Congress the power to impeach
the President, the Vice President, members of the Supreme Court, and the Ombudsman.

Article XII – National Economy and Patrimony


Article XIII – Social Justice and Human Rights
Article XIV – Education, Science and Technology, Arts, Culture and Sports
Article XV – The Family
Article XVI – General Provisions

Article XVII – Amendments or Revisions


Article XVII establishes the methods by which the Constitution may be amended or revised.
Amendments may be proposed by either: a) a three-fourths vote of all Members of Congress
(called a Constituent Assembly), b) a Constitutional Convention, or c) a petition of at least
twelve percent of all registered voters, and at least three percent of registered voters within
each district (called a People's Initiative. All amendments must be ratified in a
national referendum.

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Article XVIII – Transitory Provisions
The Constitution also contains several other provisions enumerating various state policies
including, i.e., the affirmation of labor "as a primary social economic force" (Section 14,
Article II); the equal protection of "the life of the mother and the life of the unborn from
conception" (Section 12, Article II); the "Filipino family as the foundation of the nation"
(Article XV, Section 1); the recognition of Filipino as "the national language of the
Philippines" (Section 6, Article XIV), and even a requirement that "all educational
institutions shall undertake regular sports activities throughout the country in cooperation
with athletic clubs and other sectors." (Section 19.1, Article XIV)

Engaging Activities:
To learn more, watch this video:
The Evolution of the Philippine Constitution: A look back into the History of our
Constitution
By Civil Service Review TV
https://youtu.be/Ec1m6AMfWgs

Performance Task
PROPOSALS TO THE NEW PHILIPPINE CONSTITUTION
Certain sectors of the Philippine society are now preparing for a new Philippine Constitution. If you were given
the chance to contribute to craft the New Philippine Constitution, what would be your proposal?
1. Get a copy of the 1987 Constitution
2. Write on the right side the items you would want changed, revised or replaced on a per item basis.
3. Write on the left side your proposal.
4. Provide Reason/s for your revision or proposal
Philippine Constitution
The 1987 Constitution Proposal

Reason/s for the proposal

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Philippine Constitution
The 1987 Constitution Proposal

Reason/s for the proposal

Philippine Constitution
The 1987 Constitution Proposal

Reason/s for the proposal

Philippine Constitution
The 1987 Constitution Proposal

Reason/s for the proposal

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Understanding Directed Assessment


Rubric Proposals to the New Philippine constitution
Criteria/Points 4 3 2 1

Content Students can contribute Students can contribute Students can contribute Students have
(4) in crafting a New in crafting a New in crafting a New difficulty in crafting a
Philippine Constitution Philippine Constitution Philippine Constitution proposal to New
proposal in a clear and proposal in a consistent proposal but do so in a Philippine
consistent manner. manner. somewhat consistent Constitution.
manner

Organization The student provides a The student provides a The student provides The student provides
clear sense of order in slight sense of order in no sense of order in the no sense of order in the
(4) the proposal. The the proposal. The proposal. Few points proposal. No point
supporting points are supporting points are support the main ideas supports any main
in a logical in a logical ideas
progression. progression.

Supporting evidence The student provides The student provides The student provides The student does not
three or more pieces of two pieces of only one supporting provide supporting
(4) supporting evidence to supporting evidence to evidence to strengthen evidence.
strengthen the ideas. strengthen the ideas the ideas

Understanding the The student The student The student The student shows of
topic demonstrates a demonstrates a good demonstrates a limited lack of understanding
thorough understanding of understanding of of Philippine
(4) understanding of Philippine Constitution Philippine Constitution Constitution
Philippine Constitution

Grammar, All sentences are well- Most sentences are Some sentences are Sentences sound
vocabulary, and constructed. There are well-constructed. well-constructed, but awkward, and there are
fluency no errors in grammar There are a few errors there are several errors several errors in
or spelling. in grammar or spelling. in grammar or spelling grammar or spelling
(4) that interfere with that interfere with
understanding. understanding.

Learning Resources
Solmerano et al. (2018). Readings in Philippine History. Zone 051, 1239 Instruccion St., Sampaloc Manila,
1008 Metro Manila: Fastbook Publishing Inc.
Torres J.V. (2018) Batis: Sources in Philippine History. Quezon City, Philippines: C & E Publishing Inc.
Runes, Ildefonso T. & Buenafe, Mamerto M. (1962) The Forgery of Rizal’s Retraction and Josephine’s
Autobiography, Manila: Pro-Patria Publishers

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