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OUR LADY OF FATIMA UNIVERSITY

QUEZON CITY

RIPH111

READINGS IN PHILIPPINE
HISTORY

Rein Ramos
ACADEMICIAN
Finals
UNIT 4: Social, Political, Economic and Cultural Issues in
Philippine History

Land and Agrarian


Reform Policies

Taxation

The Philippine Constitutions


of 1899, 1935, 1973 and
1987
Evaluation and Promotion
of local and oral history,
museums, historical shrines
and cultural presentations

REMINDER

All contents from this reviewer is


based on the modules and ppts from
our canvas. Please do review other
references that was given by your
professors.

Thank you and Good luck future RN's!

Rein Ramos
ACADEMICIAN
Land and Agrarian Reform Policies

WHAT IS LAND/ AGRARIAN REFORM? HISTORY OF LAND REFORM IN THE


PHILIPPINES
LAND REFORM
refers to a wide variety of programs PRE-SPANISH ERA
and measures usually by the Before the Spaniards came to the
government to bring about more Philippines, the Filipino social system was
effective control and use of land for the feudal. Like the feudalistic system in the
benefit of the community. medieval Europe, a warrior class existed
Land reform generally comprise the bound by fealty to a warlord.
takeover of land by state from big land This class lived on the labor of the serfs
lords with compensation , and transfer and slaves but in exchange, this warrior
it to small farmers or landless workers. class protected them and exercised a ready
It is aimed at changing the agrarian though rough kind of justice.
structure to bring equity and to Within the Filipino social structure, the
increase productivity. datus (chiefs) comprised the nobility
The structure includes both the (maharlikas). Then there are the timawas
relationship of man to his land, and (freemen), followed by the aliping
man’s relationship with others (tenant namamahay (serfs) and aliping saguiguilid
and landlord). (slaves).

AGRARIAN REFORM The freeborn


is more complex. Along with land did not pay tributes or taxes to the
reform it also includes measures to datu, but were bound to follow him to
modernize the agricultural practices war. They provided their own weapons
and improving the living conditions of and gears, manned the cars when they
everyone within the entire agrarian set sail, built their houses, and planted
community. their rice fields.
It includes various supports to
agricultural education, the The serfs
establishment of cooperatives; served his master or lord, who may be a
development of institutions to provide datu or someone else who is a
agricultural credit and other inputs; maharlika, and tilled his land. Both
processing and marketing of master and serfs equally divided the
agricultural produce; and establishment produce of the land. They had houses
of ago-based industries, and others. of their own, maintained private
property, and passed these on to their
The desire to obtain social justice and full children as legacy. They were also
development of the dignity of man within allowed the free disposal of their
given situations of land reform has gained chattels (movable personal properties)
great importance across the years in many and their lands. The serfs corresponded
countries of the world especially in to the aparceros(tenants) of the late
agricultural countries. 19th century Spanish era.
One of the effects of colonizing periods
was the concentration of landholdings in The slaves
the hands of the law. served the lord or master in both his
These few people whom they call as house and farm. They were allowed
landlords or “caciques” have yielded some share of the harvest, but they
tremendous influence in the social and were their master’s property. Thus they
economic life of the nation that they had could be sold, particularly those
been able to dictate to their dependents captured in wars, or born and reared as
(the tenants and their families) to such farm hands.
matters as to whom to vote for in political
elections. They have also influenced In the subsistence economy of the early
political action in various ways in order to Filipinos, money was unknown, and rice
maintain the status quo. served as the medium of exchange.
Rein Ramos
ACADEMICIAN
Land and Agrarian Reform Policies

SPANISH ERA (1565-1898) Each inquilino paid a fixed ground rent


During the Spanish colonial period, lands for the area he cultivated, and the
were divided and granted to encourage estate owner was not allowed to lease
Spanish settlers or reward soldiers who the land to others unless the incumbent
served the Crown. leaseholder failed to pay the rent for
These were called encomiendas. two consecutive years.
The conditions of this grant state that the However, the inquilinos abused this
encomendero must defend his encomienda policy by disposing off the lands as if
from external attack, maintain peace and they owned them. They sold their
order within, and support the missionaries. interest in them or mortgaged to
In consideration of these services, the wealthy takers, or sub-leased them at
encomendero acquired the right to collect rents higher than what they themselves
tribute from the indios (natives) in the paid.
amount and form determined by the royal Thus by being inquilinos, they earned
government. more than the estate owners wi thout
doing virtually any work.
The encomienda system
was originally established more for the This became the root of a system in which
benefit of the natives than of the native agricultural entrepreneurs that tilled
encomenderos. and cleared the land with the aid of tenants
Thus the latter could not be called lords whom they hired on a sharecropping basis
because they were considered had to lease the land. In time, the system
protectors, advocates and tutors of the evolved a set of practices that soon began
natives. to exploit the tenant tillers.
The system, however, degenerated into Although Spanish authorities were aware
abuse of power by the encomenderos. of these pernicious practices, no effective
The tributes they were authorized to measures were made in spite of two royal
collect soon became land rents, and the decrees issued in 1880 and 1184 urging
people living within the boundaries of landholders to secure titles.
the encomienda became tenants. Under these decrees, the government
granted a term of one year within which
The encomenderos claims for free titles were to be filed.
became the first group of hacenderos But because the large majority of peasants
in the country. Meanwhile, the colonial either did not understand the law or found
government took the place of the the procedure too complicated and alien to
datus. The datu was now called cabeza tradition, only a f ew took advantage of the
de barangay, but it was the proprietors offer.
of the estates who held the real powe r Those few were mostly of the cacique
in the barangay or community. class, who claimed more lands than they
actually had a right to.
There were four classes of estate As a result, the actual tillers were driven
proprietors in the Philippines during the out of their land or forced to become
Spanish period: tenants of the caciques.
first, the religious orders Dominican Spanish land practices came to a halt with
and Augustinian; the outbreak of the Philippine Revolution
second, the Spanish peninsulares; when Spanish land owners started to sell
third, the criollos and mestizos; off their lands as brought about by the
and lastly, the native principales. power shift in government where Spain
was on a losing side against the Filipinos
The Dominican friars who had declared their independence in
leased their lands to both the natives 1898 and the Americans who were
and mestizos, who became known as insisting to stay.
inquilinos.

Rein Ramos
ACADEMICIAN
Land and Agrarian Reform Policies

FIRST PHILIPPINE REPUBLIC (1899-1901) This, however, did not solve the problem
Immediately after the establishment of the completely. As with the Spanish system,
First Republic of the Philippines on January the majority of farmers did not avail of the
of 1899, the government of President government’s offer. Either they were not
Emilio Aguinaldo declared its intention to aware of the law or if they did, they could
confiscate large estates, especially the so- not pay the survey cost and other fees
called Friar Lands. required in applying for a Torrens title.
The declaration was contained in the As for the Friar Lands, even American
Malolos Constitution: “All the lands, authorities could not touch them as these
buildings, and other properties belonging were covered by valid land titles issued
to the religious corporations in these during the Spanish era. Furthermore, the
islands shall be understood to have been Treaty of Paris of 1898 bound the U.S.
restored to the Filipino state.” However, as government to protect the property
the Republic was short-lived, Aguinaldo’s interests of religious orders.
plan was never implemented. The best solution offered for such
condition was the outright purchase of the
AMERICAN REGIME (1901-1935) lands. By 1919, about 69 percent of all

Friar Lands had been bought and disposed
During the American era, several laws were of by the U.S. Civil Government of the
passed to regulate and improve land Philippines.
tenure. Among the significant legislative
pieces: COMMONWEALTH PERIOD (1935-1946)
Philippine Bill of 1902
imposed specific conditions on the MANUEL QUEZON (1935-1944)
disposition of public lands By the time the Commonwealth was
Land Registration Act of 1902 (Act No. established under Manuel L. Quezon, the
496) malingering problem of land tenure
provided for a comprehensive relationships had already given cause to
registration of land titles under the armed discontent among oppressed
Torrens system tenants of estates. Pedro Calosa
Rice Share Tenancy Act of 1933 (Act spearheaded the so-called Colorum Revolt
No. 4054) in Tayug, Pangasinan in 1931 and four
regulated relationships between years later, Benigno Ramos mounted the
landowners and tenants of rice Sakdal Revolt in Cabuyao, Laguna.
lands In response to the spreading unrest,
Tenancy Act of 1933 (Act No. 4113) Quezon championed the tenants’ plight
regulated relationships between and faced the agrarian crisis squarely by
landowners and tenants of sugar implementing a program of social justice.
cane fields During his administration, Quezon
improved and strengthened existing laws
At the start of the American era, some on land tenure by giving more freedom to
400,000 native farmers were without titles landowners and tenants to enter into
because of the defective land system tenancy contracts not contrary to laws,
rooted in Spanish institutions, and of the morals and public policy.
farmers’ ignorance of various laws. The These laws likewise provided for the
situation was aggravated by the absence of compulsory arbitration of agrarian
records of issued titles and accurate land conflicts, and suspend any action to eject
surveys. Land disputes began and agrarian tenants from the land they till and live in.
troubles worsened. Dictated by Quezon’s social justice
To remedy the problem, the Americans program, the expropriation of landed
introduced the Torrens system of land estates and other big landholdings was
registration whereby government- started.
purchased titles were granted only after
the completion of a survey and land
ownership had been proven in court.
Rein Ramos
ACADEMICIAN
Land and Agrarian Reform Policies

Another key policy was the orderly Republic Act No. 1199
settlement of virgin public agricultural Agricultural Tenancy Act provided
lands, with focus on Mindanao under the security of tenure for tenants. It also
National Land Settlement Administration. granted tenants the choice of shifting
The Quezon administration began under from share tenancy to leasehold. It also
the 1935 Constitution which declares, “The created the Courts of Agrarian
promotion of social justice to ensure the Relations.
well-being and economic security of all
people should be the concern of the State.” Republic Act No. 1400
In 1933, the Republic Act No. 4054 or the Land Reform Act provided for the
Rice Share Tenancy Act was passed. The acquisition of large tenanted rice and
act provided for a 50-50 sharing corn lands over 200 hectares if owned
arrangement between landowners and by individuals; 600 hectares if owned
tenants. by corporations.

THE THIRD REPUBLIC DIOSDADO MACAPAGAL (1961-1965)


The following are the accomplishments in land Under the Macapagal administration, the
and agrarian reform of the administrations under Republic Act No. 3844, otherwise known
the Third Republic. as the, Agricultural Land Reform Code was
enacted.
MANUEL ROXAS (1946-1948) It abolished share tenancy; institutionalized
Republic Act No. 34 – Amends RA 4054; leasehold; invested rights of preemption
established a 70-30 sharing arrangement and redemption for tenant farmers ;
between tenant and landlord. provided for administrative machinery for
It provided that whoever shouldered the implementation; institutionalized a judicial
expenses of planting and harvesting and system of agrarian cases; incorporated
provided the work animals would be extension, marketing and supervised credit
entitled to 70 percent of the harvest. It also system of services to farme r beneficiaries.
reduced the interest on landowner loans to
tenant at no more than 6 percent instead MARTIAL LAW AND THE FOURTH REPUBLIC
of 10 percent.
FERDINAND MARCOS (1965-1986)
ELPIDIO QUIRINO (1948-1953) Under the Marcos administration, the following
Executive Order No. 355 – Replaced the were accomplished:
National Land Settlement Administration
with Land Settlement Development Republic Act No. 6389
Corporation (LASEDECO), which took over Instituted Code of Agrarian Reform and
the responsibilities of the Agricultural created the Department of Agrarian
Machinery Equipment Corporation and the Reform
Rice and Corn Production Administration. Presidential Decree No. 2
Placed the whole country under the
RAMON MAGSAYSAY (1953-1957) land reform program
Under the Magsaysay administration, the Presidential Decree No. 27
following were accomplished: Restricted land reform scope to
tenanted rice and corn lands
Republic Act No. 1166
Creation of National Resettlement and PRESIDENTIAL DECREE (P.D.) 27
Rehabilitation Administration (NARRA). On October 21, 1972, a month after the
It was particularly aimed at the peasant proclamation of martial law, President
of the HUK movement and was Marcos issued P.D. 27 with the main
successful in attracting rebels to return goal of emancipating farmers from the
back to a peaceful life by giving them bondage of the soil. To the decree,
home lots and farms in NARRA there is no more leasehold in tenanted
settlement in Palawan and some parts rice and corn land.
of Mindanao.
Rein Ramos
ACADEMICIAN
Land and Agrarian Reform Policies

The tiller automatically becomes the THE FIFTH REPUBLIC


amortizing owner of the land he tills.
CORAZON AQUINO (1986-1992)
Two Aspects of Land Distribution The achievements of the Cory Aquino
Determination of the land to be transferred administration on agrarian reform:
Rice and corn areas were selected
because they were the areas of urgent 1987 Constitution (Art. II, Sec. 21)
reforms because of social unrest “The State shall promote
associated with rice tenancy. comprehensive rural development and
Financing – The - decree agrarian reform.”
solved the problem of financing by Proclamation No. 131
fixing the value of land at a relatively Institutionalized the Comprehensive
modest rate, and directing Agrarian Reform Program (CARP) and
compensation that may be paid directly Agrarian Reform Fund (ARF). It covers
by the tiller to the landowner or all agricultural lands regardless of
converted into three -way tenurial arrangement and commodity
arrangement.Coverage of P.D. 27 produced, all public and private
agricultural lands and other lands of
All private tenanted agricultural land devoted public domain suitable to agriculture.
to rice and corn in excess of seven (7) Executive Order No. 129-A
hectares. Priorities of coverage shall be: Reorganized, streamlined and
Larger than 24 hectares expanded power and operation of DAR.
Less than 24 but not below 12 hectares Executive Order No. 228
12 hectares less retention limit Declared full ownership to qualified
farmer-beneficiaries covered by P.D.
BENEFICIARIES OF P.D. 27 27. It also provided for the manner of
Bonafide tenant farmer of private payment by the farmer beneficiary and
agricultural land devoted to rice and corn mode of compensation to the
are benefited with an economic size farm landowners.
fixed at three (3) hectares of irrigated lands Executive Order No. 229
and maximum of five (5) hectares for non- Provided mechanism for the
irrigated. implementation of CARP such as
administrative procedures and
RETENTION LIMIT OF P.D. 27 mechanics for land registration, private
Landowners may retain an area not more land acquisition, and mode of
than seven (7) hectares, on conditions that compensation to the landowners.
each landowner is cultivating such area. Republic Act No. 6657
Comprehensive Agrarian Reform Law.
Letter of Instruction 143 (October 31, 1973) It is an act instituting a comprehensive
compels landowner to transfer to their agrarian reform program to promote
tenant, if determined by DAR to be social justice and industrialization
absentee-farmer, with sources of providing the mechanism for its
income other than their holdings. implementation and for other purposes.

Letter of Instruction 474 (October 21, 1976) REPUBLIC ACT (R.A.) 6657
provides that tenanted areas of seven Accordingly, the centerpiece of the Cory
(7) hectares or less could be placed Aquino administration was the launching
under P.D. 27, if the owner own other of the Comprehensive Agrarian Reform
agricultural lands not devoted to rice Program by virtue of Proclamation 131 and
and corn, or other lands used for Executive Order 229 which was signed by
residential, industrial, or other urban President Cory Aquino on July 22, 1987.
purposes from which they receive The latter provided the mechanism needed
adequate income to support initially to implement the CARP.
themselves and their families.

Rein Ramos
ACADEMICIAN
Land and Agrarian Reform Policies

The implementation of the CARP is Executive Order No. 407


supported into law by the enactment of directed all government
Republic Act 6657 otherwise known as the instrumentalities, including financial
“Comprehensive Agrarian Reform Law” institutions and corporations, to turn
which was signed by President Aquino on over to DAR all lands suitable for
June 10, 1988; thus all matters involving agriculture for coverage under CARP.
the implementation of agrarian reform are
nor governed by the said act. Furthermore, the 1987 Constitution, which
Existing laws such as R.A. 3844 as was ratified on February 2, 1987, contains
amended, P.D. 27, and other laws several provisions directly dealing with the
consistent with the Act shall have only agrarian reform.
suppletory effect.
Executive Order No. 129-A provided for
the strengthening of the DAR as the lead
agency responsible for the implementation
of CARP.
The Comprehensive Agrarian Reform Law
otherwise known as RA 6657 emerged
nearly after a year of debates, pressure
demonstrations and deadlocks between
interest groups. President Aquino signed it
on June 10, 1988 and it became effective
on June 15, 1988.
Since then, various measures were adopted
to facilitate CARP implementation such as
the formulation of implementing
guidelines, institutionalization of
implementing and coordinating
mechanisms, information dissemination
and initial registration of lands, landowners
and farmer- beneficiaries.

To strengthen CARP and speed up its


implementation, President Aquino issued in June
1990 three key executive orders namely:

Executive Order No. 405


vested in the Land Bank of the
Philippines the primary responsibility
for land valuation.
Executive Order No. 406
emphasized that CARP is central to the
government’s efforts to hasten
countryside agro-industrial
development and directed the
implementing agencies to align their
respective programs and projects with
the CARP; created CARP implementing
teams from the national to the
municipal levels; and, identified and
gave priority to 24 Strategic Operating
Provinces (SOP) where the bulk of
CARP workload lies, without prejudice
to the program implementation in the
other provinces of the country.
Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

PHILIPPINE GOVERNMENT AND Throughout the period of colonization, the


CONSTITUTIONS: A SHORT HISTORY Patronato Real provided for the union of
the State and Church where the Church
THE PRE-HISPANIC BARANGAY was placed under the power Spain making
GOVERNMENT the friars became politically powerful or

what is referred to as “frailocracy”. In the
In the pre-historic times, much of the local government, high political powers
Philippines were ruled by a Datu or Rajah such as the Alcalde mayor of the pacified
who was a king and the sovereign of his province were reserved only to Spaniards.
village, the barangay.
The barangay was composed of around
thirty to a hundred families. There was the THE PHILIPPINE REVOLUTION
institution of social classes with the nobles
referred to as “maharlika’ the affluent The Filipinos, from the beginning of
people of the community; the free people, colonial oppression had always find
“timawa” who engaged in daily labors, and; themselves in defiance and struggle. As a
the “alipin” who were slaves categorized as result, rebellions and resistance broke out,
“namamahay” who were accorded certain more than a hundred in all, in the cry for
rights and privileges, and the “saguiguilid” freedom. Out of these, eventhough short
who are fully owned by their masters. of victory, heroes rose in the likes of Rajah
There was the existence of laws created by Sulayman, Diego and Gabriela Silang,
the Datu who was advised by his council of Dagohoy and Hermano Pule.
elders.
In Mindanao, where the Muslim religion In January 1872,
started to spread, the Sultanate of Sulu the failed attempt of the Cavite Mutiny
was formed in the 15th century, while the against the government resulted to a
Sultanate of Maguindanao, in the 16th case of rebellion against three secular
century. priests Fathers Gomez, Burgos and
Zamora. They were convicted and were
executed. The disappointment of the
SPANISH COLONIZATION PERIOD “Ilustrados” in Europe over the fate of

Gomburza pushed for the formation of
The advent of colonization began with the the Propaganda Movement, an action
arrival of Spain through Ferdinand for reforms.
Magellan in 1521. Soon after, the
Philippines was a crown colony of Spain The Propaganda was active for years and
through Mexico from 1565 to1821, as was most effective during the period of del
such, Spain ruled with the help of the Pilar and Jaena and Rizal. The “Noli Me
Council of the Indies, created in 1524, Tangere’, Rizal’s first novel was considered
which was an overseas ministry governing as the most powerful weapon the
the colonies of Spain. Propaganda ever had against Spain.
The head of the council was the Viceroy of However, the disunity among the members
Mexico. Las Leyes de Indias were the laws dismayed Rizal and he resigned his
that Spain implemented in the colony. The leaderhip. He returned to Manila where he
Governor General was executive chief who secretly formed the Liga Filipina, a civic
also had legislative powers and the Royal association. Rizal’s political plans were
Audiencia served as Supreme Court. disrupted when the government exiled him
The first government system based on land to Dapitan.
partition was the Encomienda. The Katipunan, otherwise known as the
After Mexico declared its independence in Kagalang-galangan, Kataas-taasang,
1821, Las Islas Filipinas was directly ruled Katipunan ng Mga Anak ng Bayan (KKK),
by Spain until 1898. started as a secret organization against the
Spanish power in 1892.

Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

It was an organization initially membered The dictatorial government under


by the splinter of the defunct La Liga Adguinaldo was established upon the
Filipina, a civic organization founded by advise of his cabinet. The revolution
Jose Rizal. The Katipunan government regained strength as the Philippine army
under its leader Supremo Andres Bonifacio defeated the Spaniards in the provinces
declared separation from Spain in Aug. 26, from southern Tagalog, to the north, and in
1896 in Pugadlawin, Balintawak resulting the Visayan islands.
to a nationwide revolution. On June 12, 1898,
The execution of Dr. Rizal on December 30, the culmination of all the sacrifices of
1896 drew more men and women to join in all Filipino heroes and martyrs was
and fight. reached when the Independence of the
To solidify further the Katipunan, Bonifacio Philippines was proclaimed by
proceeded to Cavite, the most successful Aguinaldo in his residence at Kawit,
province against Spain. Cavite. The national flag was waved
To unify the Magdiwang and the Magdalo while the Marcha Nacional Filipinas was
factions of Cavite, the Tejeros Assembly played.
was conducted. The assembly resulted to
the dissolution of the Katipunan and the The Second Revolutionary Government
birth of the Revolutionary government of was established after the day of
the Philippines that elected Gen. Emilio independence. Upon the advice of Premier
Aguinaldo as President. Apolinario Mabini the government shifted
The Biak-na-Bato Republic under once more to its revolutionary state in the
Aguinaldo was established in 1897 upon attempt to stabilize a true democratic state
the government’s retreat in Bulacan. It that will appeal to the recognition of the
ratified the Biak-na-Bato Constitution United States who recently has established
drafted by Isabelo Artacho and Felix a Military Government.
Ferrer.
While in Biak-na-Bato, the governments of On August 13, 1898,
Spain and the Republic reached a truce the Fall of Manila was achieved when
called as the Pact of Biak-na-Bato. In the the Spaniards under Gov. General
hope of ending the revolution, the pact Fermin Jaudenes preferred to surrender
provided for the exile of the Aguinaldo to the Americans rather than the
administration upon the immediate initial Filipinos. The U.S. Military Government
payment of P400,000 to the was founded on August 14 upon orders
revolutionaries. for U.S. President William McKinley.
While the government was in exile, the The first U.S. Military Governor of the
Hong Kong Junta was established with Philippines was Gen. Wesley Merritt
Felipe Agoncillo as President. The pact who was succeeded by Gen. Elwell Otis.
proved to be a failure in that the revolution The last one in the position was Gen.
continued after Aguinaldo’s exile Arthur Mac Arthur.
considering that only a few firearms were
surrendered while the generals who
remained did not cease to fight. THE FIRST REPUBLIC AND THE PHILIPPINE-
While in exile at Hong Kong, Aguinaldo AMERICAN WAR
worked on his return to the Philippines.
Realizing that the Spanish-American Was On September 15, 1898,
already broke out, he was able to negotiate the Malolos Congress was inaugurated
an unstable alliance with the United Stated at the Barasoain Church, Malolos,
through Commodore George Dewey. Bulacan. Its first task was to draft a
On May 1, 1898, constitution needed for the formation
the American Asiatic Squadron of a republic. On November 29, the
destroyed the Spanish armada in the Congress approved the Malolos
Battle of Manila Bay. Aguinaldo Constitution which was drafted by
returned to Cavite while the Americans Felipe Calderon.
were entering Manila.
Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

With much debates regarding some However, the military rule, due to the
provisions, Aguinaldo only finally continuing resistance, still prevailed over
approved it on January 21, 1899. Southern Luzon until 1902, Northern and
Central Luzon until 1905 (after the
On the 10th of December 1898, execution of Macario Sakay), and Southern
the Treaty of Paris was signed. Mindanao until 1914 (due to Muslim
Aguinaldo sent Felipe Agoncillo as resistance).
Philippine emissary, and was tasked to The first stage in the development of the
insist the recognition of Philippine Civil Government was done through the
independence by Spain and the United passage of the Philippine Organic Act of
States. Agoncillo was not recognized. In 1902 which was officially called as the
the treaty, Spain transferred her Philippine Bill of 1902, passed on July
possession of the Philippines to the 1,1902. The act provided for the formation
United States via cession together with of the all-Filipino elected Philippine
Puerto Rico and Guam for a Assembly which served as the lower house
compensation of $20 million. of the bicameral legislature wherein the
Philippine Commission served as the Upper
On January 4, 1899, House.
Governor Otis made public the The first leaders of the Philippine
President McKinley Proclamation (on Assembly were
the US occupation of the Philippines). Sergio Osmena, who served as House
Aguinaldo and the government in Speaker, and Manuel Luis Quezon who
Malolos protested against the US served as Majority Floor Leader.
proclamation.
Under the administration of Gov. Francis
On January 23, 1899, Burton Harrison,
the First Republic of the Philippines the Filipinization of the Philippine
was inaugurated. Desiring to prove that government was achieved with the
the country is a stable state, the first Philippine Commission to become
Republic, otherwise known as the dominantly Filipinos and 89% of
“Malolos Republic” was inaugurated. government offices be occupied by
President Emilio Aguinaldo was sworn Filipinos.
into office as the Republic President. Finally, the Philippine Autonomy Law or
popularly known as the Jones Law of
While continuous talks between the Filipino 1916 was passed by the U.S. Congress.
and American panels resulted to no agree The Jones Law finally allows the
ment, an incident at San Juan Bridge Philippines to already work for its
started the Philippine-American War on independence, thus, leading to the
February 4, 1899. The war resulted to a Independence Missions.
series of defeats to the Republic as more
American troops arrived. In its retreat to The end of the Harrison administration
Palanan, Isabela, Preisdent Aguinaldo was made Leonard Wood to become the next
captured resulting to the fall of the governor. His anti-Filipino policies made
Republic. him unpopular to government politicians
that led to a mass resignation of his
Cabinet members or what was called the
AMERICAN OCCUPATION “Cabinet Crisis of 1923.
The Os-Rox Mission, or the 9th
On July 4, 1901, right after Aguinaldo's Independence Mission of 1931, headed by
capture, the U.S. Civil Government was Senate President Pro- Tempore Sergio
inaugurated with William Howard Taft as Osmena and House Speaker Manuel Roxas,
Civil Governor. triumphantly achieved the independence
law Hare-Hawes-Cutting Act.

Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

However, this was rejected by Senate About 70,000 American and Filipino
President Manuel Quezon who worked on soldiers died before and after the Fall of
his own independence law in the U.S. and Bataan. After heavy battles and air raids,
returned with his own Tydings-McDuffie Corregidor surrendered on May 1942 to
Law which has the same provisions as the Commander in Chief Masaharu Homma of
previous one. the Japanese High Command.
The resistance, nevertheless continued on
with the Guerilla resistance with leaders
THE COMMONWEALTH OF THE PHILIPPINES such as Manuel Roxas and Ramon
Magsaysay.
On July 10, 1934
the Philippine Legislature elected the On May 5, 1943,
representatives to the Constitutional Premier Hideki Tojo publicly promised
Convention, the delegates' task was to independence to the Filipino people. As
draft the Constitution of the a result, the Philippine Preparatory
Philippines. Commission was organized to draft a
The Presidential election of 1935 made Constitution. The Philippine
Manuel L. Quezon as first Constitution was finished on
Commonwealth President with Sergio September 4 and was ratified by the
Osmena as Vice President. Constitutional Assembly.
Under the 1935 Constitution national The election of the delegates to the
defense was the priority of the National Assembly was held on
government. September 20.
On the 25th,
Under the Commonwealth new the Assembly elected the Speaker
government offices were created, new and the President of the future
cities were created, women were allowed republic. Benigno Aquino was
to vote and the Filipino, based on Tagalog, elected Speaker while Jose P. Laurel
became the national language. became the President of the Second
Republic. Jorge Vargas ended his
term as chairman of the Philippine
WORLD WAR 2 Executive Commission.

After the attack on Pearl Harbor, Hawaii on On August 1, 1944,


December 7, 1941 the Japanese started President Quezon died while in exile.
their attack of the Philippines the next day. Osmena was then sworn to office in
Washington D.C. as President of the
On January 2, 1942, Commonwealth.
Manila was occupied. Executive On October 20,
Commission during the Japanese about 174,000 American troops landed
occupation in 1942. at Leyte with USAFFE Commander Gen.
On Jan. 3, Mac Arthur and President Sergio
the Japanese High Command Osmena. The “Battle of Leyte Gulf”, the
proclaimed the founding of the largest naval battle in world history
Japanese Military Administration, which gave the Japanese their conclusive
established the Philippine Executive defeat against the Allied forces.
Commission with Jorge Vargas as On January 5, 1945,
chairman. MacArthur landed in Lingayen. Manila,
with all its destruction and casualties,
After the departure of President Quezon, was won in February. The
Gen. MacArthur also left Corregidor. After Commonwealth government was
months of resistance and valor, Bataan fell restored in Manila.
to the Japanese resulting to the “Death On July 5, 1945,
March” from Mariveles, Bataan to San Mac Arthur finally announced the
Femando Pampanga. liberation of the Philippines.
Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

To force Japan to her unconditional ELPIDIO QUIRINO (LP) 1948-49-53:


surrender, the cities of Hiroshima and VP was Fernando Lopez; the Bell
Nagasaki were destroyed by the Americans Mission Report was conducted;
with their new weapon, the atomic bomb. creation of economic institutions like
the ACCFA and PACSA;
On August 15, 1945, infrastructures such as the Maria
the Japanese finally surrendered to the Cristina and the Ambuklao Dam
Allied forces in a formal signing aboard Project;
the USS Missouri. in social welfare, the Boys’ Town of the
On August 17, 1945, Philippines;
Jose P. laurel, in Nara, Japan, dissolved an excellent ambassador of goodwill
the Second Republic of the Philippines. and friendship;
was able to improve foreign affairs;
tainted with accusations of graft and
THE THIRD REPUBLIC corruption like the damaging scam on
the U.S. War Surplus Property
On June 9, 1945, amounting to $ 50 million with $ 20
the Philippine Congress convened for million in question and allegation that
the first time after the war. Brig. Gen. Liberal Party used it for its election
Manuel Roxas was elected Senate campaign;
president. administration failed in its Hukbalahap
In the election of April 1946, peace program due to insincerity.
Manuel Roxas of the newly founded
Liberal Party won against Nacionalista’s RAMON MAGSAYSAY (NP) 1953-57:
Sergio Osmena. VP was Carlos P. Garcia; the “Man of
Roxas became the third, and would be the Masses”;
the last, President of the success in the Hukbalahap amnesty
Commonwealth. program;
On July 4, 1946, opened Malacanang for the people; the
the independence of the Philippines formation of SEATO;
and the inauguration of the Third the Laurel-Langley Agreement; the
Philippine Republic were highlighted by Philippines-Japan Reparations
the lowering of the American flag by Agreement; founding of the Social
American Ambassador Paul McNutt Security System;
and the raising of the Philippine flag by the Land Tenure Reform Act to address
President Manuel Roxas. agrarian problems.
Died of plane crash on March 17, 1957.
THE PRESIDENTS OF THE THIRD REPUBLIC
WITH THEIR ACCOMPLISHMENTS: CARLOS P. GARCIA (NP) 1957-61:
VP was Diosdado Macapagal (LP) the
MANUEL ROXAS (LP) 1946-48: “Filipino First” Policy;
VP was Elpidio Quirino. the Austerity Program;
For the rehabilitation of the country the Bohlen-Serrano Agreement.
after the war was able to achieve the
U.S. grant of $25 million loan and DIOSDADO MACAPAGAL (LP) 1961-65:
UNRRA $10 million; VP was Emmanuel Pelaez;
U.S.- Philippines Military Bases the Decontrol Program;
Agreement; the Agricultural Land Reform Law; the
the Bell Trade Act (free trade relations official Philippine Claim to Sabah;
with the U.S.; joined the confederation MAPHILINDO;
the Parity Amendment gave U.S. transfer of Independence Day from July
citizens equal rights with Filipinos to 4 to Aguinaldo’s June 12;
develop natural resources in the use of Filipino language in official
country and operate public utilities. documents;
Died of heart attack in April of 1948.
Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

FERDINAND MARCOS (NP) 1965-69 AND (2) it gave too much powers to the
REELECTION 1969-73: president to become a dictator,
VP was Fernando Lopez; (3) imbalance of powers among the
stabilization of government finances by legislative, executive and judicial
means of more effective collection of branches,
taxes, imposing new tax laws, and (4) its Parity Amendment was a
getting loans from foreign banks and memento of American imperialism,
governments; (5) the COMELEC has no adequate
Greater production of rice by powers to prevent election anomalies,
promoting the IR-8 hybrid "miracle rice" (7) the GAO (General Auditing Office)
and other fast-growing rice seeds, and was powerless against corruption, and
the construction of more irrigation (8) it had no provision on local
systems; autonomy.
infrastructures of bridges and roads like
the North Diversion Road; In 1969,
most number of schoolhouses by a the Communist Party of the Philippines
President; (CPP) was founded under the
the improvement of the Philippine leadership of Jose Ma. Sison. In the
National Railways; same year CPP founded the New
intensive operations against smuggling, People’s Army (NPA) with “Kumander
crime syndicates, and the communist Dante” Bernabe Buscayno as leader.
New People's Army (NPA); To draft a new constitution, the
Holding of the Manila Summit Constitutional Convention was created
Conference in 1966; with elected members, and was
inaugurated on June 1, 1971.
Second term was marred by overspending
in the 1969 elections the led to higher On August 21, 1971,
inflation and the "floating peso” the Plaza Miranda Massacre happened
devaluated; the prevalence of dirty politics, during a Liberal Party campaign rally
rampage of graft and corruption in claiming eight lives. This led to the
government, the widening gap between suspension of the privilege of the writ
the rich and the poor, the impotency of the of habeas corpus by Marcos on
1935 Constitution to cope with the new September 21 that year.
socio- economic problems and the rising
tides of crimes, communism and By January of 1972,
subversion resulted to student power and the writ was restored.
demonstrations.
On September 23, 1972,
after an “alleged” assassination attempt
MARCOS REGIME against Secretary of Defense Juan
Ponce Enrile, President Marcos
Since the Philippines achieved appeared on television to announce his
independence in July 1946, there emerged proclamation of Martial Law.
a persistent movement to change the The proclamation has been signed
Constitution of 1935. since September 21.
In the light of the new situation, the
Constitution of 1935 was obsolete for it The Martial Law resulted to the arrest and
was no longer in harmony with the detention of many in the political
condition of the times. opposition, the media and the academe on
the accusation that they were either
Its defects apparently were as follows: sympathetic to the rebels, supporting the
(1) it was a product of American rebel movement or members of the
colonialism and was an imitation of the communist movement.
US Constitution,

Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

Senators Benigno Aquino, Jr. and Jose On Sept. 26, 1972


Diokno were among those who were Marcos issued Presidential Decree No.
arrested. 2 which declared the country under
Marcos also impose d curfew in the entire land reform program.
Philippines; the prohibition of rallies and
demonstrations; and the prohibition of Later, Marcos also issued P.D. No. 27 on
carrying firearms unless authorized. Oct. 21, restricting land reform scope to
He instructed the take over and control of tenanted rice and corn lands and set the
newspapers, magazines, radio and retention limit at 7 hectares. The Moro
television facilities and all media of National Liberation Front (MNLF), the
communications; to take over the BangsaMoro united armed forces that
management, control and operation of sought for the independence of the
MERALCO, PLDT, the National Waterworks BangsaMoro people under the
and Sewerage Authority (NAWASA), the chairmanship of Nur Misuari, soon clashed
Philippine National Railways (PNR), the with the government forces in an armed
Philippine Airlines and other airline firms, conflict resulting to casualties on both
and other public utilities. sides along with civilians and destruction to
properties.

After the proclamatiom, the Constitutional In 1975


Convention (Con-Con) reassembled and Marcos initited a truce with the MNLF
resumed work, except for the anti-Marcos through the involvement of Islamic
delegates who have been detained in the states.
military stockades. On December 23, 1976,
They finished the new constitution on the MNLF forced the Manila
November 29 1972. Marcos postponed government under Marcos to sign a
indefinitely the plebiscite. And, instead, peace agreement under the auspices of
organized the Citizen Assemblies to the Libyan government of Col. Muamar
represent the people. the General Qadafi.
Assembly of Citizen This peace agreement is known as the
Assemblies rejected the proposal that the Tripoli Agreement.
constitution be ratified through a On October 16-17, 1976
nationwide plebiscite. On the other hand the majority of barangay voters (Citizen
the Citizen Assemblies voted for the Assemblies) approved that martial law
ratification of the 1973 Constitution should be continued.
through the Citizen Assemblies; the
suspension of the convening of the Interim they also ratified the amendments proposed
National Assembly; the continuation of by Marcos which were:
martial law, and suspension of elections for the creation of the Interim Batasang
a period of at least seven years. Pambansa instead of a national
assembly, whose members would
On January 17, 1973 include the President;
the President announced that the the President would also become the
Constitution of 1973 had been ratified Prime Minister and would continue to
by the Citizen Assemblies. The exercise legislative powers until martial
ratification resulted to the abolition of law is lifted;
the Congress, the institution of a the President may legislate outside the
parliamentary form of government, and IBP when necessary in case of grave
the prerogative when to call for the emergency, or threat or danger to
interim national assembly (the national security, or whenever the IBP
parliament). cannot act adequately that he may
From 1972 to 1978 the President issue decrees, orders or instructions,
would exercise absolute legislative which shall part of the law of the land.
power.

Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

The 1976 amendments only continued Aquino spent three years in self-exile,
Marcos’ dictatorship. Even with the setting up a house with Cory and their kids
creation of the Batasan Pambansa, Marcos in Newton, Boston, Massachusetts. He
did not relinquish his legistive powers. The worked on two books, gave lectures and
amendments only made the IBP a “rubber traveled extensively in the U.S. delivering
stamp” with Marcos being the Prime speeches.
Minister aside from being President. Marcos, on his part, accused Aquino of
masterminding some bombings in Metro
On January 17, 1981, Manila from 1981-82. Aquino denied
Marcos lifted martial law. advocating a bloody revolution, but warned
The Opposition called the lifting as a that radicalized oppositionists may resort
mere "face lifting" as a precondition to to this soon.
the Philippine visit of Pope John Paul II.
Numerous establishments were built Early in 1983,
during Martial Law, Aquino became apprehensive of the
such as the Philippine Heart Center, worsening political and economic
the National Kidney Institute and situation of his country combined with
the Lung Center of the Philippines. the rumored illness of Marcos. He
Along with these are the numerous wanted to speak to Marcos and present
infrastructure projects like the San to him his rationale for the country's
Juanico Bridge, the BLISS housing return to democracy.
projects and the Light Railway Transit
in Metro Manila. On August 2l, 1983
former Senator “Ninoy” Aquino
On June 16, 1981, returned to the Philippines. A few steps
right after the lifting of martial law, the after leaving the plane multiple
first presidential election in twelve gunshots were heard. Aquino was shot
years was held. As expected, Marcos dead in the head at the tarmac of the
ran and won a massive victory of 88% Manila International Airport while in the
over the other “almost unknown” custody of the Aviation Security
candidates Alejo Santos of a Command (AVSECOM) guards.
Nacionalista Party faction and Cebu Conflicting reports on the assassination
Assemblyman Bartolome Cabangbang and that of his alleged killer, Rolando
of the Federal Party. Major opposition Galman, were assigned to an
parties UNIDO ans LABAN boycotted investigation by the presidential fact-
the elections. finding board.

In March of 1980 former Senator Ninoy The country was enraged with the murder
Aquino suffered a heart attack, the result of Ninoy. His funeral turned to be the
of more than seven years in prison. At the longest and largest in Philippine history as
Philippine Heart Center he refused to be it was attended by some two million
operated by doctors employed by Marcos. people. The death of Ninoy resulted to
He preferred to go to the U.S. or return to continuous massive rallies and
Fort Bonifacio. Imelda Marcos intervened demonstrations in Manila.
and offered him to go to the U.S. on Marcos, immediately created a fact finding
conditions that he will stay and will not commission to investigate on the “Aquino-
speak there against Marcos. Galman Double Murder” case. The first
Aquino was operated in Dallas, Texas, under Chief Justice Enrique Fernando was
recovered and traveled already only after a disbanded immediately.
month. Marcos extended his exile for A five-man independent board of inquiry,
medical reasons. Eventually, Aquino the Agrava Fact-Finding Board headed by
renounced his two covenants with Imelda. Justice Corazon Agrava was then created.

Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

The investigation came up with the In the campaign, President Marcos used all
findings that the Aquino assassination was efforts in the use of "guns, goons and gold"
planned and executed by the military, not to intimidate voters to support the Marcos
by the communists as claimed by Marcos, - Tolentino ticket. Behind the scenes, the
and that it was not Galman who shot and government party implemented a massive
killed Aquino. The Agrava report implicated strategy to fake and cheat the results of
seven military men headed by Brig. Gen. the elections in favor of the KBL
Luther Custodio, chief of the AVSECOM. candidates.
The four other members, however, After the election, conflicting results
implicated twenty -five military men showed Marcos-Tolentino winning in the
headed Gen. Fabian Ver (AFP Chief of partial official count of the Commission of
Staff), major Gen. Prospero Olivas Elections (COMELEC) while, on the other
(PC/Metropolitan Command) and Gen hand, Aquino and Laurel were leading in
Custodio. The reports were submitted to the unofficial count of the National
the Sandiganbayan for a trial which Movement for Free Ele ctions (NAMFREL),
decided for the acquittal of all 26 accused. headed by Jose Concepcion, Jr. and was
The people protested the decision with serving as the official citizen’s arm for that
rallies and demonstrations flooding the election. The confusion was further
streets of Metro Manila. aggravated when, in the midst of the
canvassing, 30 COMELEC computer
By 1985, operators walked out of the PICC hall with
the political and economic instability in the complaint that their figures were being
the country faced fears that the violent tampered and were inconsistent with what
overthrew of the Marcos dictatorship was being showed. The COMELEC count
was forthcoming. Massive rallies and ended with the official tally of Marcos-
demonstrations in Metro Manila were Tolentino winning the election.
much more frequent than at any other In the Batasan Pambansa, Speaker Nicanor
time. Allegedly, the White House had Yniguez declared the two as the duly
advised the Marcos government to elected President and Vice-President.
exert effort to gain once more the
confidence of the people. Foreign news Massive protests followed. Due to the
agencies began to emphasize the issue reports of alleged fraud, the Catholic
of “loss of confidence” on Marcos. Bishops Conference of the Philippines
(CBCP) issued a statement condemning the
In order to prove to the international elections. The U.S. Senate passed a
community that he still has people’s resolution stating the same. Mrs. Aquino
confidence, Marcos, called for a snap called the people to a “civil disobedience”
special presidential election on February 7, protest to pressure Marcos to step down.
1986. The formidable-richly funded pro- On February 16, 1986,
government KBL party proclaimed Mrs. Aquino, along with the opposition,
President Marcos and Assemblyman rallied the people at the Luneta
Arturo Tolentino as their official candidates Grandstand for the “Tagumpay ng
for president and vice-president, Bayan”. The occasion was attended by
respectively. Tolentino was a former more than three million people.
Marcos critic who was courted by the
“sickly” Marcos to run with him.
On the other hand, the oppositionist
United Nationalist Democratic party THE PEOPLE POWER REVOLUTION
(UNIDO) leader Salvador “Doy” H. Laurel
settled for the Vice Presidency to give way The "People Power Revolution" began,
to Ninoy’s widow Corazon “Cory” C. Aquino allegedly, as an attempted coup by the
to run for president. Reform the AFP Movement (RAM), a group
of young military men organized by Col.
Gregorio “Gringo” Honasan.

Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

On Feb. 22, Saturday, On the morning of the 25th,


Lt.. Michael Asperin and 18 other Cory Aquino was inaugurated as
soldiers were apprehended by Marine President of the Philippines at Club
guards at the Bonifacio Naval Station Filipino in Greenhills with Laurel as
for their unauthorized presence and Vice-President. Attending the
suspicion of espionage. Defense ceremonies were Ramos, who was
Minister Enrile was informed and, with promoted to Chief of Staff, Enrile, who
Vice Chief of Staff Gen. Fidel Ramos, was reinstated, and many politicians. In
gave a press conference at the Ministry her simple inaugural message President
of National Defense at Camp Aguinaldo Aquino expressed her gratitude to the
to announce their withdrawal of people and the military for their fight
support to the President. Ramos called for freedom.
upon various military units and the She appealed to all Filipinos to "work
police to support their cause. for national reconciliation which was
The Radio Veritas why Ninoy came back, and to unite in
a Catholic radio station covered the the rebuilding of the country. In
conference. Marcos also conducted his conclusion she pleaded that Filipinos to
own news conference calling on Enrile continue praying for God’s help.
and Ramos to surrender. An hour later, Marcos conducted the
Via Radio Veritas, Archbishop of Manila inauguration at Malacañang. On the
Jaime Cardinal Sin exhorted Filipinos to Palace balcony, Marcos took his oath as
come to the aid of the rebel leaders by President on broadcast by channels 9
going to EDSA between Camps Crame and 13, and the private channel 7. No
and Aguinaldo and give support, food invited foreign dignitaries attended.
and other supplies. Marcos was making a speech when the
However dangerous, considering the broadcast was cut by rebel troops.
possibility of a military encounter a
multitude of people marched to EDSA. At this time, thousands had amassed at the
From February 23-25 barricades along Mendiola near the Palace.
people, coming from all walks of life, They were prevented from storming the
continued to pour in EDSA as hours Palace by loyal soldiers securing the area.
passed, armed only with prayers, The angry demonstrators were pacified by
rosaries, and the statue of Our Lady of priests who pleaded them not to be violent.
Fatima. Marcos, later, was adviced by White House
that exile is a must. Marcos was
Government troops under Brig. Gen. disappointed. Later, Marcos talked to
Artemio Tadiar that attempted to attack Enrile requesting a safe passage. Finally, at
the rebel soldiers, were stopped by 6:00 p.m., the Marcos family was
thousands of people forming human transported by four American helicopters
barricades. Tadiar threatened the crowds to Clark Air Base on to Guam, and finally to
but were not moved, forcing them to stand Hawaii.
by from a distance. Soon, the government When the news of Marcos' flight broke out,
troops that came defected instead of the people rejoiced in the streets. At
attacking. At the height of the people Mendiola, the demonstrators finally
power, an estimated three million filled stormed Malacañang, long denied to
EDSA from Ortigas to Cubao. In the late Filipinos for almost two decades. Looting
afternoon of the 24th, rebel helicopters by some protesters occurred, but the
attacked Villamor Air Base, destroying majority only wandered the extravagance.
presidential vehicles. Another helicopter People around the world rejoiced and
fired a rocket at Malacanang and caused congratulated Filipinos they knew.
minor damage. Later, many officers have
defected while majority of the AFP had
already changed sides.

Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

CORY AQUINO ADMINISTRATION Among the salient features of the 1987



Constitution are the following:
The first thing Cory Aquino did was to A declaration of state policies which
restore democracy. Immediately, she pursues freedom from nuclear weapons,
ordered the release of political prisoners upholds the sanctity of family life and
and restored the writ of habeas corpus in protects the unborn, ensures equality for
regions IX and XII in Mindanao. She also women, provides for a Filipino controlled
opened Malacanang to the public once economy, promotes agrarian reform,
again. Thousands of people who visited the prohibits political dynasties, and takes
palace were shocked at how the Marcoses measures against graft and corruption;
lived in luxury for 20 years while the people A new Bill of Rights which bans the death
were suffering. They also saw examples of penalty, and the use of torture,
the extravagant lifestyle of Imelda Marcos, intimidation or secret detention of state
her 3,000 pairs of custom-made shoes, prisoners.
more than 1,000 gowns, hundreds of The creation of a permanent Commission
perfume bottles and her over sized bed, on Human Rights to safeguard the rights of
Before the drafting of a new constitution the people.
and its ratification by the people, President The establishment of a presidential system
Aquino issued Proclamation No. 3 on of government, with checks and balances
March 25, 1986, promulgating the between the three branches of the
Provisional Constitution of the Republic of government.
the Philippines, otherwise known as the The limitation of the President's term to six
"Freedom Constitution". This constitution years without reelection, with a ban against
was designed and adopted as an appointment of relatives to public office.
instrument for the transition. The President's right to proclaim martial
To restore political stability, President law or suspend the writ of habeas corpus is
Aquino called for the drafting of a new limited to 60 days which the Congress,
constitution that would replace both the afterwards, may revoke or extend.
1973 amended constitution and the 1986 The establishment of a people elected
provisional constitution. bicameral congress whose legislative
powers are given with built-in specific
On June 2, 1986, safeguards.
she appointed an independent Provision for laws, constitutional
Constitutional Commission (Con-Com) amendments, and impeachment cases that
and gave them three months to frame may be initiated directly by the people.
the new constitution. Provision for the autonomy of local
On October 15, 1986, governments and the creation of
one month behind schedule, the autonomous regions for the Cordilleras and
commissioners approved the entire the Muslim Mindanao.
draft of the new charter by a vote of 45 Provision for free education up to high
to 2. Con-Com president, former school level.
Supreme Court Justice Cecilia Munoz The government's right to incur new loans
Palma led the yes votes. The new is subject to freedom of information and
constitution was submitted to the limitations by Congress and monetary
President who, in response, called for a board.
new registration of voters and a
plebiscite to ratify the charter. On May 11, 1987,
On February 2, 1987, new senators and congressmen were
the people went to the polls and ratified elected to the new congress. It was one
the new constitution in a national of the most peaceful and honest
plebiscite. It was the most peaceful and elections in Philippine history. Sen.
honest poll in years. Jovito Salonga was elected Senate
President while Rep. Ramon Mitra as
Speaker of the House of
Representatives .

Rein Ramos
ACADEMICIAN
Philippine Constitution and Government

President Aquino inherited the problems The Aquino administration also faced a
besetting the former administration which number of natural disasters such as the
was worsened by economic eruption of Mt.Pinatubo in 1991 which
mismanagement and the uncontrollable devastated the economy of the Philippines.
greed of the Marcoses, their relatives and The disaster coincided with the termination
cronies. Worst, the country was burdened of the U.S.-Philippines Military Bases
with a foreign debt of more than $26 Agreement in the Philippines. The Central
billion. For economic recovery, intensive Luzon earthquake in 1990 resulted to 1,
efforts were exerted to attract more 700 casualties and a burden of
foreign investments. infrastructure problems for the
administration. The power problem also
In 1986, plagued the term of Aquino resulting in
Mrs. Aquino was invited to deliver a repeated brown-outs nationwide.
speech in the U.S. Congress. The
speech dealt on the struggle of the The next presidential administrations of
Filipino people against dictatorship and the 5th Republic of the Philippines under
for the restoration of democracy. The the 1987 Constitution are
members of the U.S. Congress gave her Fidel V.Ramos (1992-98),
a standing ovation. Aquino was likewise JosephE.Estrada(1998-2001),
selected as Time Magazine's Woman of Gloria Macapagal-Arroyo (2001-2004-
the Year in 1986. 2010);
As provided for in the 1987 Constitution, Benigno Simeon Aquino III (2010-2016)
the government launched, in July 1987, and
the Comprehensive Agrarian Reform the incumbent Rodrigo R. Duterte
Program (CARP) by virtue of R.A. 6657. (2016- )
Unlike the P.D. 27 of Marcos which only
covered private agricultural lands
devoted to rice and corn, the CARP
covers all private or public agricultural
lands regardless of crops grown. The
government has also exerted efforts to
recover the so-called ill-gotten wealth
of the Marcos family and their cronies
through the Presidential Commission
on Good Government (PCGG).
During her term, Aquino repeatedly faced
coup attempts. In July 1986, Marcos
loyalists attempted to establish a rival
government at the Manila Hotel with
Arturo Tolentino as temporary president.

In August 1987,
the attempted military coup “God Save
the Queen” posed a more serious
threat. Gen. Fidel Ramos foiled the
attempt and arrested its leader Col.
Gregorio Honasan of the RAM. In
December 1989 coup proved to be the
most serious as the government and
rebels forces encountered in several
portions of Metro Manila with an
attempt to attack Malacanang.
Honasan, its leader, was again arrested.
He would be granted amnesty during
the Ramos administration.

Rein Ramos
ACADEMICIAN
Taxation: The Fundamentals of Taxation
and Some Features of the TRAIN Law

FUNDAMENTALS OF TAXATION It may be increased in order to stabilize


prices and stimulate greater production;
The beginning of the idea of taxation taxes on imports may be increased to favor
cannot be dated in the continuum of our domestic production; or decrease to
history. It came as a matter of survival for encourage foreign trade; it can also
the government. The development of tax mobilize capital to be poured into capital
law as a comprehensive and general deficient fields of business.
system is a recent phenomenon resulting Thus, taxation is an instrument of fiscal
from the evolution of taxes and increasing policy, and fiscal policy influences the
state-economy relationship. direction and structure of money supply,
A tax law is a body of rules passed by the prices and of the national economy.
legislature by virtue of which the
government acquires a claim or property as BASIS OF TAXATION
a matter of legal duty or obligation by
operation of law. The power of taxation originated from the
Taxation may be defined then, as the theory that the existence of a government
power of the sovereign to impose burden is a necessity. No government, whether
or charges upon persons, property or democratic or despotic, can exist without
property rights for the use and support of resources to finance its operations. A true
government in order to enable it to tax is an exaction for revenue that is for the
discharge its function. support of the government.

INHERENT LIMITATIONS OF THE POWER OF


NATURE OF TAXATION POWER TAXATION

The power of taxation is both inherent and LIMITATION OF PUBLIC PURPOSE


legislative in character because it has been A tax is for public purpose where it is
reserved by the State for it to exercise. It is for the support of government, or any
an essential and inherent attribute of of the recognized object of the
sovereignty, belonging as a matter if right government, or where it will directly
to every independent government. The promote the welfare of the community
government possesses it without being in equal measure.
conferred by the people. The power is
inherent because the sustenance of LIMITATION OF TERRITORIAL
government requires contribution from JURISDICTION
them. The general rule is that sovereignty of a
The power of taxation is legislative in state extends only as far as its territorial
character because only the legislature can jurisdiction. It follows that its taxing
make tax laws. It is an exercise of the high power does not extend beyond its
act of the sovereignty to be performed territorial limits, but within its limit, it
only by the legislature upon consideration may tax persons, property, income or
of the policy, necessity and public welfare. business.
Having the power to tax, it must also
possess the sole power to prescribe the LIMITATION OF DOUBLE TAXATION
means by which the tax shall be collected, Double taxation may be understood as
and designate the officers through whom it direct duplicate taxation which means
shall be enforced. taxing twice by the same public
authority for the same purpose during
the taxing period some of the property
NATURE OF TAXATION POWER in the territory in which the tax is paid
without taking all of them a second
The primary purpose of taxation is to raise time.
revenues for public needs so that the
people may be enabled to live in a civilized
society. It also serves a variety of purpose. I

Rein Ramos
ACADEMICIAN
Taxation: The Fundamentals of Taxation
and Some Features of the TRAIN Law

LIMITATION OF NON-DELEGATION OF INHERENT POWERS OF THE GOVERNMENT


TAXING POWER
The constitution provides that POLICE POWER
sovereignty resides in the people and authority of the government to regulate
all government authority emanates the activities of an individual even in
from them. Under a republican form of the absence of law for the benefit and
government, the people created a protection of public welfare.
legislative department for the exercise TAXATION
of their legislative power manner in authority of the government to improve
which those rules shall be given effect. taxes, charges and fees from its
The power cannot be delegated to the taxpayers under its sovereignty and/or
President and to local government. territorial jurisdiction, to support its
However, it may be delegated to the necessary expenses.
municipal corporations which are the
instrumentalities of the state for the EMINENT DOMAIN
better administration of the authority of the government to
government in matters of local expropriate private property for public
concerns. use upon payment of a just
compensation.
LIMITATION OF EXEMPTION OF
GOVERNMENT AGENCY OR A tax may be defined then, as a forced and
INSTRUMENTALITY involuntary burden assessed in accordance
The general rule is that agencies and with some reasonable rule of appointment
instrumentalities of the government is by the authority of a sovereign government
exempted from taxation. So, properties upon the persons or properties within its
owned by the Philippine government, jurisdiction, to provide public revenues for
any province, city, municipality, or the support of the government.
municipal districts are exempted from It proceeds upon the theory that the
taxation. However, government entities existence of the government is a necessity,
performing profit-making activities are that it cannot continue to operate without
not exempted from taxation. the means to pay for its expenses, and for
those means has the right to compel all
citizens and properties within its limit to
BASIC PRINCIPLES OF TAXATION contribute.

FISCAL ADEQUACY
emphasizes the source of revenue as a ESSENTIAL CHARACTERISTICS OF TAXES
whole must be sufficient to meet the
expanding governmental expenses 1. It is an enforced contribution
regardless of business conditions, 2. It is exacted pursuant to legislative
export taxes, trade balances, and authority
problems of economic adjustments. 3. It is contribution in money
4. It is levied upon person, property and
EQUALITY OR THEORETICAL JUSTICE property rights
refers to the use of revenues which 5. It is for the purpose of raising revenue
must be believed based on the 6. It must be for public purpose
taxpayer’s ability to pay. 7. It must be proportionate in character
ADMINISTRATIVE FEASIBILITY
means that the tax system must be
clear to the taxpayers, can be enforced
and is convenient and not burdensome
or discouraging to a business activity.

Rein Ramos
ACADEMICIAN
Taxation: The Fundamentals of Taxation
and Some Features of the TRAIN Law

CLASSIFICATION OF TAXES ACCORDING TO DETERMINATION OF


AMOUNT
ACCORDING TO PURPOSE
SPECIFIC TAX
FISCAL TAXES of fixed amount by the hear or member,
designed to raise revenues for or by some standards of weight and
governmental needs. measurement, and requires no
Ex. Percentage tax on locally assessment other than a listing or
manufactured commodities classification of the subjects to be
taxed
REGULATORY TAXES Ex. excise taxes on wines and liquors
designed to achieve some social and
economic goals irrespective of whether AD VALOREM TAX
revenue is actually raised or not. of fixed proportion, of the value of the
Ex. protective tariff or custom duties property with respect to which the
taxes are assessed, and require the
ACCORDING TO OBJECT intervention of assessors to appraise
the value of such property before the
PERSONAL, CAPTIVATION OR POLL TAX amount due from each taxpayer can be
imposed on individuals within the determined.
jurisdiction of the taxing power, without Ex. real state tax, excise tax on cigars
regard to the amount of their property and cigarettes
or occupation in which they are
engaged. ACCORDING TO AUTHORITY IMPOSING THE
Ex. residence tax TAX

PROPERTY TAXES NATIONAL TAXES


computed upon the valuation of levied and collected by the national
property and assessed at the owner’s government
domicile, although privileges may be Ex. income tax
included in the valuations
Ex. real state tax MUNICIPAL TAX
levied and collected by the municipal
EXCISE TAX government
imposed directly by the legislature and Ex. real state tax
the sum is measured by the amount of
business done or the extent to which ACCORDING TO RATE
the privilege has been enjoyed or

exercised. PROPORTIONAL TAX


based on a fixed percentage regardless
ACCORDING TO SUBJECT of the amount of income, property or
other bases to be taxed, a single rate
DIRECT TAX being applied to different objects with
when the person on whom the tax is different values.
imposed absorbs the tax or bears it.
Ex. income tax PROGRESSIVE TAX
the tax rate increases as the tax base
INDIRECT TAX increases.
charge paid by a person other than the Ex. income tax
one on whom it is legally imposed.
Ex. value-added tax REGRESSIVE TAX
the effective rate decreases as the base
increases.
Ex. value-added tax

Rein Ramos
ACADEMICIAN
Taxation: The Fundamentals of Taxation
and Some Features of the TRAIN Law

FORMS OF ESCAPE FROM TAXATION Local tax may be valid only for the public
purpose and yet invalid for private
SHIFTING purposes. Except when allowed by law,
transfer of the burden of a tax by the local funds shall be devoted exclusively to
original payer on the one on whom the local purposes.
tax was assesses or imposed to another
or someone else. The policy of taxation in the Philippines is
provided primarily by the Constitution of the
CAPITALIZATION Philippines and three Republic Acts.
special form of backward shifting. It
occurs when the good is durable good, Constitution: Article VI, Section 28 of
the whole series of future taxes is to be the Constitution states that "the rule of
shifted backward at the time of taxation shall be uniform and equitable"
purchase, and the future taxes must be and that "Congress shall evolve a
capitalized and deducted in a lump sum progressive system of taxation."
from the price offered. National laws: National Internal
Revenue Code—enacted as Republic
TRANSFORMATION Act No. 8424 or the Tax Reform Act of
this is effected through the process of 1997, and subsequently amended by
production. When the producer pays Republic Act No. 10963 or the Tax
the taxes himself and recovers the Reform for Acceleration and Inclusion
additional expenses by improving his Act of 2017;[3] and,
production thereby turning out units of Local laws—major sources of revenue
his production at lower cost. for the local government units (LGUs)
are the taxes collected by virtue of
EVASION Republic Act No. 7160 or the Local
illegal effort to avoid payment of tax Government Code of 1991,[4] and
those sourced from the proceeds
AVOIDANCE collected by virtue of a local ordinance.
use of legally permissible means to
reduce tax liability Taxes imposed at the national level are
collected by the Bureau of Internal
EXEMPTION Revenue (BIR), while those imposed at the
grant of immunity to a particular person local government level, which are the
or corporation from a tax upon provincial, city, municipal and barangay,
properties or exercise which they are are collected by the local treasurer's office.
obligated to pay.

LOCAL TAXATION THE FOLLOWING ARE SOME OF THE


SALIENT FEATURES OF RA 10963
Since the power of taxation is an incidence OTHERWISE KNOWN AS THE TAX REFORM
of sovereignty that is absolutely necessary ACCELERATION AND INCLUSION (TRAIN)
to maintain government and therefore LAW. EXAMPLE GIVEN HERE IS THE
inherent in the state, local government INCOME TAX.
units (LGUs) such as provinces,
municipalities, cities and barangays can
exercise the power not only if conferred on BACKGROUND
them.
The constitutional provisions as to taxation On December 19, 2017, the President
of LGUs are ordinarily not self-executing signed into law Package I of the Tax
because they require conferring the power Reform for Acceleration and Inclusion
to tax. The local power of taxation is (“TRAIN”) bill otherwise known as Republic
subject to such conditions and restrictions Act No. 10963.
as may be prescribed, and only such
purposes as may be expressed.
Rein Ramos
ACADEMICIAN
Taxation: The Fundamentals of Taxation
and Some Features of the TRAIN Law
The law contains amendments to several Toll tax
provisions of the National Internal Revenue a fee demanded for the use of the
Code of 1997. It shall take effect on property of another person or private
January 1, 2018, following its complete entity.
publication in the Official Gazette or in at Debt
least one newspaper of general circulation. an amount of money owed to a person
The law was published in the Official or a company that is to be paid as
Gazette on December 27, 2017. agreed upon in a contract.

NATIONAL TAXES IMPOSED BY SPECIAL


LAWS:

Tariffs and customs duties (P.D. 1464)


Sugar adjustment taxes (C.A. 567)
Taxes on narcotic drugs (R.A.953)
Travel tax (P.D.1183)
Private motor vehicle tax (E.O. 43)
Energy taxes (P.D. 844 and P.D. 845)

CLASSIFICATION OF INCOME AND RELATED


CONCEPTS

Taxable Income
refers to the gross income after
personal and additional exemptions
have been declared.
Passive income
applies to income from interest on
banks, deposits, dividends, royalties
prizes and other winnings.
Gross Income
refers to all incomes.
Net Income
gross income after the allowable
deductions have been substracted.
OTHER TERMS RELATED TO TAX
Revenue
all income or profit gained by a person,
a company or an organization from its
business activities.
Custom Duty
refers to the tax or tariff imposed on
goods exported to other countries.
Penalty
a pecuniary sanction imposed on a
taxpayer when he/she failed to pay
his/her levies on time.
Internal Revenue
the government's income from taxes
and duties collected locally or
domestically.

Rein Ramos
ACADEMICIAN
UNIT 5: Evaluation and Promotion of local and oral
history, museums, historical shrines and cultural
presentations

There are numerous museums, historical


sites, art galleries, archeological sites and
other places where one could find history
and cultural heritage which are recognized
by the National Historical Commission of
the Philippines (NHCP). It is most
convenient if, as part of the activit ies of
this course, that the tour or visit to a
museum, site or gallery be conduction in
areas that are near the school. Considering
the proximity is a pragmatic approach to
the activity since it will not require to much
expenses and will minimize the difficulty in
reaching the location on the part of the
students. It is also a way in maximizing the
student’s ability to appreciate more the site
and tour it for a longer period of time, and
with ease.
However, it also must be of another
consideration if the chosen place would be
significantly historical and cultural so as to
create a greater benefit on the education
of the students. The value of the site is
unbargainable. While proximity may offer
ease and time, the richness of a chosen site
creates the meaningful experience on the
part of the student.
Another matter to be taken into
consideration is that the choices of the
sites should offer various areas of learning
for the student. In an educational tour, a
student must be exposed to a variety of
interests as an appeal towards a greater
appreciation of history and culture. It is
therefore most beneficial if a historical site
will also be combined with an art gallery, a
museum, a park or an archeological site.
Lastly, it would more educational,
comprehensive, and encompassing if the
sites selected would represent different
time periods. Doing this would impose a
continued curiosity on the part of the
historical tourist since different time
periods offer changes in historical events
and an evolution to culture. Human
development is greatly appreciated in
presentation that considers the aspect of
chronology.

Rein Ramos
ACADEMICIAN
UNIT 5: Evaluation and Promotion of local and oral
history, museums, historical shrines and cultural
presentations

'Trust in the Lord with all your heart and lean not on your own understanding;
in all your ways submit to him, and he will make your paths straight
-Proverbs 3:5-6

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