Professional Documents
Culture Documents
Reading in Philippine History
Reading in Philippine History
in
Philippine History
This book is because of Him and for His glory. Lord, thank you for
always providing!
To the students and readers of this book, we thank you for your
eagerness to learn from our work and we will appreciate your thoughts
about our humble endeavor. Let us not stop learning!
Authors
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iv
PREFACE
The five chapters of this book are divided into specific lessons
that aim to guide students to analyze the primary sources of Philippine
History. The analysis of these materials is hoped to help students not
only to integrate the stories and waive a historical timeline of the events
that transpired, but to look into the lessons of these stories and apply
them in the current situation of our society.
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vi
Table of Contents
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viii
Chapter 1
INTRODUCTION
LEARNING OBJECTIVES:
At the end of the lesson, the students should be
able to :
Think of the first thing that comes to your mind when you hear the
word history.
Heroes, past events, and historic places are some ideas that you
might have. History is an interesting subject for some, but for a
number of students, they may find it boring or irrelevant in relation to
their chosen college degree, or even to their lives! Perhaps, one of the
reasons is, not knowing what history really means and not realizing its
relevance to one’s life and to a nation’s destiny as well.
Clearly, the reasons and skills that one may develop in studying history
is not only beneficial for students in schools but to everyone to be
equipped with the right knowledge and reasons for our every actions
and decisions to become good and responsible citizens.
YEAR/SECTION: DATE:
YEAR/SECTION: DATE:
YEAR/SECTION: DATE:
Directions:
Name a historical event you wish to study; and
Identify the primary and secondary sources of that historical event.
HISTORICAL EVENT:
_____________________________________________________________________
_____________________________________________________________________
PRIMARY SOURCES:
1.________________________________________________________________
________________________________________________________________
________________________________________________________________
2.________________________________________________________________
________________________________________________________________
________________________________________________________________
SECONDARY SOURCES:
1.________________________________________________________________
________________________________________________________________
________________________________________________________________
2.________________________________________________________________
________________________________________________________________
________________________________________________________________
YEAR/SECTION: DATE:
Today, history books no longer include the said Code. But Atty.
Cecilio Duka, in 2018, has interestingly provided the 18 articles of the
Code in his book, Struggle for Freedom, to be critically examined by the
students and conclude its truthfulness. For similar reasons and to feed
our curiosity here are the said laws:
Article III - Obey ye: no one shall have wives that are too
young, nor shall they be more than what he can take care of,
nor spend much luxury. He who fulfils not, obeys not, shall
be condemned to swim three hours and, for the second time,
shall be scourged with spines to death.
Article IV - Observe and obey ye: Let not the peace of the
graves be disturbed; due respect must be accorded them on
passing by caves and trees where they are. He who observes
not shall die by bites of ants or shall be flogged with spines till
death.
Article VII - They shall die who kill trees of venerable aspect;
who at night shoot with arrows the aged men and the women;
he who enters the house of the headman without permission;
he who kills a fish or shark or striped crocodile.
Article VIII - They shall be slaves for a given time who steal
away the women of the headmen; he who possesses dogs that
bite the headmen; he who burns another man's sown field.
Article XIII - They shall be exposed to the ants for half a day,
who kill a black cat during the new moon or steal things
belonging to the headmen.
Article XIV - They shall be slaves for life, who having beautiful
daughters shall deny them to the sons of the headman, or
shall hide them in bad faith.
Article XVI - Their fingers shall be cut off, who break wooden
or clay idols in their olangangs and places of oblation; he who
breaks Tagalan's daggers for hog killing, or breaks drinking
vases.
The Code is just one of the many sources that was included in our
former study of the Philippine history and there may be other sources
that are, up until now, accepted but not fully examined. As students of
history, the challenge is for us to externally and internally criticize
sources before accepting them as evidence to the history of our past.
How well could the author observe the thing he reports? Were his
senses equal to the observation? Was his physical location suitable
How did the author report and what was his ability to do so?
Regarding his ability to report, was he biased? Did he have
proper time for reporting? Proper place for reporting?
Adequate recording instruments?
When did he report in relation to his observation? Soon?
Much later? Fifty years is much later as most eyewitnesses
are dead and those who remain may have forgotten relevant
material.
What was the author's intention in reporting? For whom did
he report? Would that audience be likely to require or suggest
distortion to the author?
Are there additional clues to intended veracity? Was he
indifferent on the subject reported, thus probably not
intending distortion? Did he make statements damaging to
himself, thus probably not seeking to distort? Did he give
incidental or casual information, almost certainly not
intended to mislead?
2. Particular conditions:
a. The tradition must report a public event of importance, such
as would necessarily be known directly to a great number of
persons.
b. The tradition must have been generally believed, at least for
definite period of time.
c. During that definite period it must have gone without
protest, even from persons interested in denying it.
d. The tradition must be one of relatively limited duration
(Elsewhere, Garraghan suggests a maximum limit of 150
years, at least in cultures that excel in oral remembrance)
e. The critical spirit must have been sufficiently developed
while the tradition lasted, and the necessary means of critical
investigation must have been at hand.
f. Critical-minded persons who would surely have challenged
the tradition – had they considered it false – must have made
no such challenge.
YEAR/SECTION: DATE:
SOURCE CRITICISM:
1. When was the source, written or unwritten, produced?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
YEAR/SECTION: DATE:
YEAR/SECTION: DATE:
PUBLISHED DOCUMENTS:
_____________________________________________________________________
_____________________________________________________________________
UNPUBLISHED DOCUMENTS:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ARTWORKS:
_____________________________________________________________________
_____________________________________________________________________
ARTIFACTS:
_____________________________________________________________________
_____________________________________________________________________
YEAR/SECTION: DATE:
Contact details:
_____________________________________________________________________
Primary Sources:
_____________________________________________________________________
_____________________________________________________________________
Contact details:
_____________________________________________________________________
Primary Sources:
_____________________________________________________________________
_____________________________________________________________________
The National Museum of the Philippines
Address:
_____________________________________________________________________
Contact details:
_____________________________________________________________________
Primary Sources:
_____________________________________________________________________
_____________________________________________________________________
LEARNING OBJECTIVES:
At the end of the lesson, the students should be
able to :
YEAR/SECTION: DATE:
SOURCE ANALYSIS
Title of Source:
_____________________________________________________________________
Type of Primary Source:
_____________________________________________________________________
What do you know about the author that may shape his/her
perspective?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Describe the historical context. What was happening during this event
or time period?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
34 READINGS IN PHILIPPINE HISTORY
WORKSHEET 2.1B
NAME: SCORE:
YEAR/SECTION: DATE:
SOURCE SUMMARY
________________________________________________________________
(title of the source)
suggest/shows that
________________________________________________________________
(the author)
thought/did/had
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(author’s sentiment about the historical event or time period)
because
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(cite specific evidence in the reading as supporting details)
YEAR/SECTION: DATE:
SOURCE ANALYSIS
Title of Source:
_____________________________________________________________________
Type of Primary Source:
_____________________________________________________________________
What do you know about the author that may shape his/her
perspective?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Describe the historical context. What was happening during this event
or time period?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
42 READINGS IN PHILIPPINE HISTORY
WORKSHEET 2.2B
NAME: SCORE:
YEAR/SECTION: DATE:
SOURCE SUMMARY
________________________________________________________________
(title of the source)
suggest/shows that
________________________________________________________________
(the author)
thought/did/had
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(author’s sentiment about the historical event or time period)
because
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(cite specific evidence in the reading as supporting details)
Ang may mataas na kalooban, inuuna ang puri kaysa pagpipita sa sarili;
ang may hamak na kalooban, inuuna ang pagpipita sa sarili kaysa sa
puri.
YEAR/SECTION: DATE:
SOURCE ANALYSIS
Title of Source:
_____________________________________________________________________
Type of Primary Source:
_____________________________________________________________________
What do you know about the author that may shape his/her
perspective?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Describe the historical context. What was happening during this event
or time period?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS 45
WORKSHEET 2.3B
NAME: SCORE:
YEAR/SECTION: DATE:
SOURCE SUMMARY
________________________________________________________________
(title of the source)
suggest/shows that
________________________________________________________________
(the author)
thought/did/had
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(author’s sentiment about the historical event or time period)
because
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(cite specific evidence in the reading as supporting details)
In the town of Cavite-Viejo, Province of Cavite, this 12th day of June 1898:
The undersigned assemblage of military chiefs and others of the army who
could not attend, as well as the representatives of the various towns,
Taking into account the fact that the people of this country are already
tired of bearing the ominous joke of Spanish domination,
Because of arbitrary arrests and abuses of the Civil Guards who cause
deaths in connivance with and even under the express orders of their
superior officers who at times would order the shooting of those placed
under arrest under the pretext that they attempted to escape in violation of
known Rules and Regulations, which abuses were left unpunished, and
because of unjust deportations of illustrious Filipinos, especially those
decreed by General Blanco at the instigation of the Archbishop and friars
interested in keeping them in ignorance for egoistic and selfish ends,
which deportations were carried out through processes more execrable
than those of the Inquisition which every civilized nation repudiates as a
trial without hearing.
That they are and have the right to be free and independent; that they
have ceased to have allegiance to the Crown of Spain; that all political ties
between them are should be completely severed and annulled; and that,
like other free and independent States, they enjoy the full power to make
War and Peace, conclude commercial treaties, enter into alliances, regulate
commerce, and do all other acts and things which and Independent State
Has right to do,
We recognize, approve, and ratify, with all the orders emanating from the
same, the Dictatorship established by Don Emilio Aguinaldo whom we
reverse as the Supreme Head of this Nation, which today begins to have a
life of its own, in the conviction that he has been the instrument chosen by
God, in spite of his humble origin, to effectuate the redemption of this
unfortunate country as foretold by Dr. Don Jose Rizal in his magnificent
verses, which he composed in his prison cell prior to his execution,
Moreover, we confer upon our famous Dictator Don Emilio Aguinaldo all
the powers necessary to enable him to discharge the duties of Government,
including the prerogatives of granting pardon and amnesty,
And lastly, it was results unanimously that this Nation, already free and
independent as of this day, must use the same flag which up to now is
being used, whose designed and colored are found described in the
attached drawing, the white triangle signifying the distinctive emblem of
the famous Society of the "Katipunan" which by means of its blood
compact inspired the masses to rise in revolution; the tree stars, signifying
the three principal Islands of these Archipelago - Luzon, Mindanao, and
Panay where the revolutionary movement started; the sun representing the
gigantic step made by the son of the country along the path of Progress
and Civilization; the eight rays, signifying the eight provinces - Manila,
Cavite, Bulacan, Pampanga, Nueva Ecija, Bataan, Laguna, and Batangas -
which declares themselves in a state of war as soon as the first revolt was
initiated; and the colors of Blue, Red, and White, commemorating the flag
of the United States of America, as a manifestation of our profound
gratitude towards this Great Nation for its disinterested protection which it
lent us and continues lending us.
YEAR/SECTION: DATE:
SOURCE ANALYSIS
Title of Source:
_____________________________________________________________________
Type of Primary Source:
_____________________________________________________________________
What do you know about the author that may shape his/her
perspective?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Describe the historical context. What was happening during this event
or time period?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS 51
WORKSHEET 2.4B
NAME: SCORE:
YEAR/SECTION: DATE:
SOURCE SUMMARY
________________________________________________________________
(title of the source)
suggest/shows that
________________________________________________________________
(the author)
thought/did/had
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(author’s sentiment about the historical event or time period)
because
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(cite specific evidence in the reading as supporting details)
LEARNING OBJECTIVES:
At the end of the lesson, the students should be
able to :
Primary Source:
The First Voyage Round the World, translated from the accounts of
Antonio Pigafetta accompanied by original documents, with notes and an
introduction by Lord Stanley of Alderley.
In the island belonging to the king who came to the ship there are
mines of gold, which they find in pieces as big as a walnut or an egg, by
seeking in the ground. All the vessels which he makes use of are made of
it, and also some parts of his house, which was well fitted up according to
the custom of the country, and he was the handsomest man that we saw
among these nations. He had very black hair coming down to his shoulders,
with a silk cloth on his head, and two large gold rings hanging from his ears,
he had a cloth of cotton worked with silk, which covered him from the waist
to the knees, at his side he wore a dagger, with a long handle which was all
of gold, its sheath was of carved wood. Besides he carried upon him scents
of storax and benzoin. He was tawny and painted all over. The island of this
king is named Zuluan and Calagan, and when these two kings wish to
visit one another they come to hunt in this island where we were. Of
these kings the painted king is called Raia Calambu, and the other Raia
Siani.
Main Issue: The questions about where the first mass happened in
the Philippines came from the dichotomy of understanding of
“Mazaua” based on the accounts of Pigafetta. This led to the
Limasawa and Masao, Butuan debate.
1) MASAO, BUTUAN – The claim is based on a tradition that was highly
observed from the 17th to19th century. Historians claim that there has
been no mention of the Limasawa Island in the primary sources of this
dispute history. Masaua according to them is now Masao.
2) LIMASAWA ISLAND – The accounts of Pigafetta, jointly read with
Francisco Albo’s diary (in a form of a log book), showed that Magellan’s
expedition did not reach Mindanao when they landed in Homonhon.
Instead, they have settled in an island in a latitude similar to the position
of Limasawa today, south of Leyte. In addition, the disputed location in
Masao is near a river, but in there has been no mention of such
YEAR/SECTION: DATE:
DECISION:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ARGUMENT/S:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
You have learned from the previous chapter that primary sources
are written from the perspectives of their respective authors. Hence,
accounts on a specific event may differ and later result to disputes. This
exactly what happened in understanding the 1872 Cavite Mutiny from
the Spanish and Filipino reports.
Primary sources: The major sources of this past event are the
documents by the Spanish historian, Jose Montero y Vidal; official
report of Gov. Gen. Rafael Izquierdo; by a Filipino researcher, Dr.
Trinidad Hermenigildo Pardo de Tavera; and French writer, Edmund
Plauchut.
Arguments:
1) SPANISH PERSPECTIVE – The reports of Vidal and Izquierdo
both implicated that the rebellion was an attempt to overthrow
the Spanish government. In particular, Izquierdo reports that
the Filipino clergy is behind the mutiny to rally secularization.
In addition, Tavera reports that the friars and Izquierdo have used
the mutiny to report a conspiracy of Filipino residents and clergy to
abolish the government. This is in the eve of the plan of the Central
Government in Madrid to remove the certain powers from the friars in
the government and in management of educational institutions.
The mutiny may have a number of versions from both sides, but
one this is for sure, it has been a gateway to a number of events that
led to the Philippine Independence in 1898.
YEAR/SECTION: DATE:
DECISION:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ARGUMENT/S:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Primary source: Here’s the alleged original copy found by Fr. Manuel
Garcia, CM on May 18, 1935. Following are the text from Fr. Balaguer
in January 1987 and its English translation.
I declare myself a catholic and in this Religion in which I was born and
educated I wish to live and die.
Main issue: Whether or not Jose Rizal retracted in favor of the Catholic
Church.
Arguments:
This debate will continue until enough evidence will put the issue
to rest. But regardless of what it may result to, one thing is for sure, the
works of Rizal has inspired a number of Filipinos of his time to fight for
the freedom of the country.
YEAR/SECTION: DATE:
DECISION:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ARGUMENT/S:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
The exact date and location of a certain past event are very im-
portant in the study of history. The event that happened in August 1896
is highly considered as a significant turning point in Philippine history.
In this lesson, the issues and arguments for the exact date and location
of the Cry will be examined.
English translation:
This primary source clearly has overthrown the Cry of Pugad Lawin
on August 23, 1896 in the Bahay Toro, Kalookan. The letter cited in the
memoirs suggests that the event was closer to Balintawak.
Furthermore, in the discussions of the Philippine Historical Association
in February 2003, a descendant of Tandang Sora protested that “Pugad
Lawin” was literally pertaining to the hawk nests on top of a Sampaloc
tree at Gulod near Balintawak.
Contemporary studies may have concluded that it was the Cry of
Balintawak at around noon of Monday, August 24, 1896 at the site of
the barn and house of Tandang Sora in Gulod, now barangay Banlat,
Quezon City. Moreover, the studies reiterated that Filipinos, in light of
this event, must celebrate the following:
a) The establishment of a revolutionary or the facto government that
was republican in aspiration;
b) The designation of Bonifacio as the Kataastaasang Pangulo
(Supreme Presiddent),
c) The election of the members of his cabinet ministers and
Sanggunian and Balangay heads.
YEAR/SECTION: DATE:
DECISION:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ARGUMENT/S:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
LEARNING OBJECTIVES:
At the end of the lesson of chapter 4 the students
should be able to :
Agrarian Law
“Agrarian reform” means redistribution of lands, regardless of
crops or fruits produced, to farmers and regular farmworkers who are
landless, irrespective of tenurial arrangement, to include the totality of
factors and support services designed to lift the economic status of the
beneficiaries and all other arrangements alternative to the physical
redistribution of lands, such as production or profit-sharing, labor
administration, and the distribution of shares of stocks, which will allow
beneficiaries to receive a just share of the fruits of the lands they work.
However, the term “Agrarian” is derived from the Latin word “ager”
which means “a field.” Lexically, the word agrarian means “relating to
land or to the ownership or division of land”. On the other hand, reform
presupposes something is defective, hence, needs reformation and
correction.
administrative machinery
ECgB&biw=1093&bih=486#imgrc=nboXWG_BvkxabM:
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.
15, 1988.
ch&sa=X&ved=0ahUKEwjN0rCC_Y_jAhUKZt4KHed9
AMQQ_AUIECgB&biw=1093&bih=486#imgrc=nVBqS
OeEiEOZ3M:
Constitutional or Unconstitutional
Article XIII, Section 4 of the 1987 Constitution provides that the
State shall, by law, undertake an agrarian reform program founded on
the right of farmers and regular farmworkers who are landless, to own
directly or collectively the lands they till or, in the case of other
Commercial Farming
Commercial farm are private
agricultural lands devoted to saltbeds,
fishponds and prawn ponds, fruit
farms, orchards, vegetable and
cut-flower farms, and cacao, coffee and
rubber plantations.
Acquisition of commercial farms
may be done through voluntary offer to
sell (VOS), Compulsory Acquisition
(CA), or Direct payment scheme (DPS).
https://www.google.com/search?q=commercial+farming&rlz=1C1CHBD_enPH767PH767&source=l nms&tbm=
isch&sa=X&ved=0ahUKEwjquZ6-6ZDjAhVMeXAKHRvjBrUQ_AUIECgB&biw=1093&bih=486#imgrc=cJk-kTAnM3RMWM:
Consequently, commercial farms may
86 READINGS IN PHILIPPINE HISTORY
be distributed individually or collectively. Individual beneficiaries are
entitled to three (3) hectares each or a minimum of one (10) hectare
each, if the land is insufficient to accommodate them. If it is not
economically feasible and sound to divide the beneficiaries will be
obliged to form a worker’s cooperation or association.
However, the order of priority shall be observed in the distribution
in the following order:
a) Agricultural lessees and share tenants;
b) Regular farm workers;
c) Seasonal farm workers;
d) Other farm workers;
e) Actual tillers or occupants of public lands;
f) Collectives or cooperatives of the above beneficiaries; and
g) Other directly working on the land.
Moreover, for one to be considered a qualified commercial farm
beneficiary the following qualifications must be present:
a) Must be 18 years old at the time of the filing of the application as
a beneficiary;
b) Must have the willingness, aptitude, and ability to cultivate and
make the land productive; and
c) Must have been employed in the commercial farm between June
15, 1988 and June 15, 1998 or upon the expiration of the
deferment.
Take note, however that the compulsory acquisition and
distribution has been deferred for ten (10) years from the effectivity of
the Act (June15, 1988) for farms already existing when the law took
effect and in the case of new farms, from the first year of commercial
production and operation, as determined by the DAR. Also farm workers
who have worked the longest on the land continuously will be given
priority.
On the contrary, the following are disqualified from becoming a
commercial farm beneficiary:
a) Those who have mandatorily retired from service;
b) Those who have optionally retired from service;
c) Those who have resigned from working in the farm;
d) Those who have been Dismissed for cause by final judgment as
prescribed under labor laws;
e) Those who have Waive or refuse to be a beneficiary; and
f) Those who have committed violation of agrarian reform laws and
regulations as determined with finality after proper proceedings
by appropriate tribunal or agency.
Registration of Landowners
Generally, all persons, natural or juridical, including government
entities, that own or claim to own agricultural lands, whether in their
names or in the name of others shall file a sworn statement within one
hundred eighty (180) days from the effectivity of this Act in the proper
assessor's office in the form to be prescribed by the DAR, stating the
following information:
(a) the description and area of the property;
(b) the average gross income from the property for at least three (3)
years;
90 READINGS IN PHILIPPINE HISTORY
(c) the names of all tenants and farmworkers
therein;
(d) the crops planted in the property and the
area covered by each crop as of June 1,
1987;
(e) the terms of mortgages, lease, and
management contracts subsisting as of
June 1, 1987, and
(f) the latest declared market value of the
land as determined by the city or
provincial assessor.
Except those who have already registered
pursuant to Executive Order No. 229, who shall
be entitled to such incentives as may be Photo from kittlesoncarpo.com & snappedandscribbled.com
Registration of Beneficiaries
On the other hand, The DAR in coordination with the Barangay
Agrarian Reform Committee (BARC) as organized in this Act, shall
register all agricultural lessees, tenants and farmworkers who are
qualified to be beneficiaries of the CARP. These potential beneficiaries
with the assistance of the BARC and the DAR shall provide the following
data:
(a) names and members of their immediate farm household;
(b) owners or administrators of the lands they work on and the
length of tenurial relationship;
(c) location and area of the land they work;
(d) crops planted; and
(e) their share in the harvest or amount of rental paid or wages
received.
A copy of the registry or list of all potential CARP beneficiaries in
the barangay shall be posted in the barangay hall, school or other
public buildings in the barangay where it shall be open to inspection by
the public at all reasonable hours.
The reason for such registration of landowners is for the
Department of Agrarian Reform to identify the owners of the lands and
to be able to assess whether such land is covered and effectively
implement the program. While, the reason for the registration of
beneficiaries is to have data records of potential and qualified
beneficiaries.
value of the like properties, its nature, actual use and income, the
sworn valuation by the owner, the tax declarations, and the assessment
made by government assessors shall be considered. The social and
economic benefits contributed by the farmers and the farmworkers and
by the Government to the property as well as the non-payment of taxes
or loans secured from any government financing institution on the said
land shall be considered as additional factors to determine its valuation.
The determination of just compensation under the Comprehensive
Agrarian Reform Law commences with the Land Bank determining the
value of the lands. Using the Land Bank’s valuation, the Department of
Agrarian Reform makes an offer to the landowner. In case the
landowner rejects the offer, the Department of Agrarian Reform
conducts a summary administrative proceeding to determine the
compensation for the land by requiring the landowner, the Land Bank
and other interested parties to submit evidence as to the just
compensation. The just compensation payment can only be source from
the agrarian reform fund and if the fund is insufficient, payment shall
be charged against the debt service program of the national government
or any unprogrammed item in the General Appropriation Act.
Furthermore, a party who disagrees with the decision of adjudicator
may bring the matter to the Regional Trial Court designated as a Special
Agrarian Court for final determination of just compensation.
(b) For lands above twenty-four Thirty percent (30%) cash, the balance to be
(24) hectares and up to fifty (50) paid in government financial instruments
hectares. negotiable at any time.
(c) For lands twenty-four (24) Thirty-five percent (35%) cash, the balance to
hectares and below. be paid in government financial instruments
negotiable at any time.
LAND REDISTRIBUTION
Qualified Beneficiaries
General Qualifications. All agrarian reform beneficiaries must be: Land-
less as defined by R.A. No. 6657, as amended, to wit:
He must be Filipino citizen;
Grounds of Disqualifications
The following are grounds for disqualification in the identification of
ARBs of the CARP:
(a) Failure to meet the qualifications as provided for under Section
22 of R.A. No. 6657, as amended;
(b) Execution of a waiver of right to become an ARB in exchange for
due compensation and such waiver has not been questioned in the
proper government entity as of the approval of this Order;
(c) Non-payment of an aggregate of three (3) annual amortizations
and failure to exercise the right of redemption/repurchase within
two (2) years resulting in the foreclosure of mortgage by the LBP of a
previously awarded land;
Only after the agricultural lessees and share tenants, and regular
farmworkers have each been awarded three (3) hectares pursuant to
Section 8 of R.A. No. 9700, shall other qualified beneficiaries such as
seasonal farmworkers, other farmworkers, actual tillers/occupants of
public lands, collectives or cooperatives of the above beneficiaries, and
others directly working on the land, be accommodated.
The child of a Landowner (LO) shall be given preference in the
distribution of his/her parent's land pursuant to existing rules and
regulations on award to children of LOs provided he/she meets all of
the following criteria:
(a) Filipino citizen;
Land Consolidation
The DAR shall carry out land consolidation projects to promote
equal distribution of landholdings, to provide the needed infrastructures
in agriculture, and to conserve soil fertility and prevent erosion.
Conversion of lands
Conversion is the act of changing the current use of an agricultural
land into non – agricultural use as approved by the DAR. On the other
hand, reclassification is the act of specifying how agricultural lands
shall be utilized for non – agricultural uses such as residential,
industrial and commercial as embodied in the land use plan, subject to
the requirements and procedures for land use conversion, A mere
reclassification of an agricultural land does not automatically allow a
landowner to change its use. He must undergo the process of
conversion before he is permitted to use the agricultural land for other
purposes.
The legal basis for the conversion of an agricultural land are as
follows:
a) Section 65 of REPUBLIC ACT (R.A.) No. 6657, AS AMENDED;
b) DAR AO No. 1, Series of 2002;
c) DOJ Opinion No. 44, SERIES of 1990;
d) Memorandum Circular No.1, Series of 2015;
Owners of private agricultural lands or other persons duly
authorized by the landowner; Beneficiaries of the agrarian reform
program after the lapse of five (5) years from award, reckoned from the
date of the issuance of the Certificate of Land Ownership Award (CLOA),
and who have fully paid their obligations and are qualified under these
Rules, or persons duly authorized by them; or Government agencies,
including government-owned or controlled corporations, and local
Bank Mortgages
Banks include banking institutions, commercial banks, savings
banks, mortgage banks, trust companies, building and loan
associations, branches and agencies in the Philippines of foreign banks,
and all other corporations, companies, partnerships and associations
performing banking functions in the Philippines.
Mortgage is an accessory contract whereby the debtor (or a third
person) guarantees the performance of the principal obligation by
subjecting real property or real rights as security in case of non-
fulfillment of said obligation within the period agreed upon.
Mortgagor is one who, having all or some title to property, by
written instrument, pledges that property for some particular purpose
such as security for a debt.
104 READINGS IN PHILIPPINE HISTORY
Redemption is a transaction by which the mortgagor reacquires or
buys back the property which may have passed under the mortgage or
divests the property of the lien which he may have created.
Right of Redemption is the right of the mortgagor to redeem the
mortgaged property within a certain period after it was sold for the
satisfaction of the mortgage debt.
YEAR/SECTION: DATE:
YEAR/SECTION: DATE:
Column A Column B
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FEATURES OF 1987
CONSTITUTION
The new Constitution consists of
18 articles and is excessively long
compared to the 1935 and 1973
constitutions.
The independence of the judiciary
has been strengthened with new
provisions for appointment President Corazon C. Aquino receives the
thereto and an increase in its 1987 Constitution from Constitutional
authority, which now covers even Commission President Cecilia Muñoz –
Palma
political questions formerly
beyond its jurisdiction.
The Bill of Rights of the Commonwealth and Marcos constitutions
has been considerably improved in the 1987 Constitution and even
bolstered with the creation of a Commission of Human Rights.
Constitution
It is the body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised. It is a written instrument
enacted by the direct action of the people by which the fundamental
powers of the government are established, limited, and defined, and by
which those powers are distributed among the several departments for
their safe and useful exercise for the benefit of the body politics.
Types of Constitution
1. Written or Unwritten
Written Constitution – one whose precept are embodied in one
document or set of documents.
Unwritten Constitution - consists of rules which have not been
integrated into a single, concrete form but are scattered in various
sources, such as statutes of a fundamental character, judicial
decisions, commentaries of publicists, customs and traditions,
and certain common law principles.
3. Rigid or Flexible
Rigid Constitution - is one that can be amended only by a formal
and usually difficult process.
Flexible Constitution - is one that can be changed by ordinary
legislation as I the case of an unwritten constitutions.
Submission of Proposal
Submission of piecemeal amendments is unconstitutional. All the
amendments must be submitted or ratification at one plebiscite only.
The people must be given a proper frame of reference in arriving at their
decision.
Ratification of Proposal
After submission, the proposed changes shall be valid when ratified
by the majority of the vote cast in a plebiscite, held not earlier than 60
days nor later than 90 days:
a. After approval by the Congress or Constitutional Convention of
the proposed amendments or revision; or
b.After certification by the COMELEC of the sufficiency of the
petition by the people.
Basic Concepts
Separation of Powers
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Doctrine of Incorporation
The Philippines adopts the generally accepted principles of
international law as part of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.
Hence, the Philippine Court can use international law to settle
domestic disputes in much the same way that they would use the Civil
Code or the Penal Code and other laws passed by Congress. It is also
called Doctrine of Transformation when generally accepted principles
of international law are localized through legislation.
PREAMBLE
GENERAL CONSIDERATIONS
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
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archipelago, regardless of
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their breadth and dimensions, form part of the internal waters of the
Philippines pursuant to Article 1 of the 1987 Constitution.
Elements of a State
1. People – refers to the inhabitants of the State whose number is
capable for self – sufficiency and self defense. They must come from
both sexes for perpetuity. It may also refer to a community of persons
sufficient in number and capable of maintaining the continued
Kinds Sovereignty:
a. Legal Sovereignty – is the authority which has the power to issue
final commands. In the Philippines, the Congress is the legal
sovereign.
b.Political Sovereignty – is the sum total of all the influences of a
State, legal and non-legal, which determine the course of law.
c. Internal Sovereignty – refers to the power of the State to control
its domestic affairs. It is the supreme power over everything within
its territory.
d.External Sovereignty – also known as Independence, which is
freedom from external control. It is the power of State to direct its
relations with other States.
Principles of Sovereignty
a. Effects of Belligerent Occupation
As to political laws. No change of sovereignty occurs during a
belligerent occupation - the political laws of the occupied
territory are merely suspended, subject to revival under the jus
postliminium upon the end of the occupation. Note that the
rule suspending political laws affects only the civilian
inhabitants of the occupied territory and is not intended to
bind the enemies in arms. Also, the rule does not apply to the
law on treason although decidedly political in character.
As to non-political laws. The non-political laws are deemed
continued unless changed by the belligerent occupant since
they are intended to govern the relations of individuals as
among themselves and are not generally affected by changes in
regimes of rulers.
As for judicial decisions. As for judicial decisions the same
are valid during the occupation and even beyond except those
of a political complexion, which are automatically annulled up-
on the restoration of the legitimate authority.
Imperium v. Dominium
Imperium refers to the State’s authority to govern. It covers
such activities such as passing laws, governing territory,
maintaining peace and order over it, and defending against foreign
invasion. This is the authority possessed by the State embraced in
the concept of sovereignty.
ACTS OF STATE
An act of State is done by the sovereign power of a country, or by
its delegate, within the limits of the power vested in him. Within
reference to Political Law, an act of State is an act done by the political
departments of the government and not subject to judicial review. An
illustration is the decision of the President, in the exercise of his
diplomatic power, to extend recognition to a newly established foreign
State or government.
State Immunity
The State may not be sued without its consent. There can be no
legal right against the authority which makes the law on which the right
depends. However, the state may be sued if it gives consent, whether
express or implied. The doctrine is also known as the Royal Prerogative
of Dishonesty because it grants the state the prerogative to defeat any
legitimate claim against it by simply invoking its non – suability.
Democratic State
Understood as participatory democracy; contemplates
instances where people act directly, and not through their
representative. It shares some aspects of direct democracy such as
“initiative and referendum”. The word democratic is also a
monument to the February Revolution which re-won freedom
through direct action of the people.
Republican State
Republic is a representative government run by the people
and for the people. While, Republican State is a state wherein all
government authority emanates from the people and is exercised
by representatives chosen by the people.
The essence of republicanism is representation and
renovation. The citizenry selects a corps of public functionaries
who derive their mandate from the people and act on their behalf,
serving for a limited period only, after which they are replaced or
Manifestations of Republicanism
a. Ours is a government of laws and not of men.
b. Rule of Majority (Plurality in elections)
c. Accountability of public officials
d. Bill of Rights
e. Legislature cannot pass irrepealable laws
f. Separation of powers
2. Renunciation of War
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.
Incorporation Clause
The Philippine adopts the generally accepted principles of
international law as part of law of the land. Acceptance of Dualist View
Implicit in this provision is the acceptance of the dualist view of legal
systems, namely that domestic law is distinct from international law.
Since dualism holds that international law and municipal law belong to
different spheres, international law becomes part of municipal law only
if it is incorporated into municipal law.
9. Social Order
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 policies that provide adequate
social services, promote full employment, a rising standard of
living, and an improved quality of life for all.
14. Labor
The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
What concerns the Constitution more paramountly is
employment be above all, decent, just and humane. It is bad
enough that the country must send its sons and daughters to
strange lands, because it cannot satisfy their employment needs
at home. Under these circumstances, the Government is duty
bound to provide them adequate protection, personally and
economically, while away from home.
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Legislative Department
The Legislative Branch enacts legislation, confirms or rejects
Presidential appointments, and has the authority to declare war. This
branch includes Congress (the Senate and House of Representatives)
and several agencies that provide support services to Congress.
a. Senate – The Senate shall be composed of 24 Senators who shall
be elected at large by the qualified voters of the Philippines, as may
be provided by law.
b. House of Representatives – The House of Representatives shall be
composed of not more than 250 members, unless otherwise fixed
by law, who shall be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants, and on
Executive Department
The Executive Branch carries out and enforces laws. It includes the
President, Vice President, the Cabinet, executive departments,
independent agencies, and other boards, commissions, and committees.
Key roles of the executive branch include:
a. President – The President leads the country. He/she is the head of
state, leader of the national government, and Commander in Chief
of all armed forces of the Philippines. The President serves a
six-year term and cannot be re-elected.
b. Vice President – The Vice President supports the President. If the
President is unable to serve, the Vice President becomes President.
He/she serves a six-year term.
c. The Cabinet – Cabinet members serve as advisors to the President.
They include the Vice President and the heads of executive
departments. Cabinet members are nominated by the President
and must be confirmed by the Commission of Appointments.
Judicial Department
The judicial branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution. The
judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the Government. The judicial
branch interprets the meaning of laws, applies laws to individual cases,
and decides if laws violate the Constitution.
Distinctions:
Police power regulates both liberty and property; eminent domain
and taxation affect only property rights.
Police power and taxation are exercised only by government;
eminent domain may be exercised by private entities.
Property taken in police power is usually noxious or intended for a
noxious purpose and may thus be destroyed; while in eminent
domain and taxation, the property is wholesome and devoted to
public use or purpose.
Compensation in police power is the intangible, altruistic feeling
that the individual has contributed to the public good; in eminent
domain, it is the full and fair equivalent of the property taken;
while in taxation, it is the protection given and/or public
improvements instituted by government for the taxes paid.
Limitations:
The exercise of these fundamental powers is subject at all times to
the limitations and requirements of the Constitution and may, in proper
cases be annulled by the Court of Justice.
1) Police power
It is the State authority to enact legislation that may interfere with
personal liberty or property in order to promote the general welfare.
Generally, police power is lodged primarily in the National
Legislature. However, it may delegate it to the President and
administrative boards as the lawmaking bodies of municipal
corporations or local government units. Once delegated, the agent can
exercise only such powers as are conferred on them by the national
lawmaking.
3) Power of Taxation
Taxation refers to the inherent power of the state to demand
enforced contributions for public purposes.
Power of Taxation is the power by which the sovereign, through
its law-making body, raises revenue to defray the necessary expenses of
government. It is a way of apportioning the expenses of government
among those who in some measure are privileged to enjoy its benefits
and must bear its burdens.
Scope of Taxation
It covers persons, property, or occupation to be taxed within the
taxing jurisdiction. It is inherent in the power to tax that a State be free
to select the subjects of taxations.
Generally, the legislature exercises such power however, upon valid
delegation, the law-making bodies of LGUs and the President or as an
incident of emergency powers that Congress may grant to him may
Constitutional Limitations:
Due Process of Law
Equal Protection of Law
Double Taxation
It is defined as taxing the same person twice by the same
jurisdiction over the same thing. However, there is no double taxation
where one tax is imposed by the State and the other by City.
Tax Exemptions
No law granting any tax exemptions shall be passed without the
concurrence of a majority of all the members of the Congress.
BILL OF RIGHTS
In general, the Bill of Rights is the set of prescriptions setting
forth the fundamental civil and political rights of the individual, and
imposing limitations on the powers of government as a means of
securing the enjoyment of those rights. The Bill of Rights is designed to
preserve the ideals of liberty, equality and security “against the assaults
of opportunism, the expediency of the passing hour, the erosion of small
encroachments, and the scorn and derision of those who have no
patience with general principles”