CENTRAL PHILIPPINE UNIVERSITY
COLLEGE OF NURSING BATCH 2014
GESOCSCI 2A: READINGS IN PHILIPPINE HISTORY
PROF. ERNIE SAQUIBAL JR.
ADAPTED FROM: E-BOOK
COURSE OUTLINE: MIDTERMS
Module III. Case Studies in Philippine History
1. Where Did the First Catholic Mass Take Place in
the Philippines
2. What Happened in the Cavite Mutiny?
Contradictory Accounts
3. Did Rizal Retract? The Balaguer versus Cuerpo
de Vigilancia Testimonies
4. Where Did the Cry of Rebellion Happen? Different
Dates & Places
5. The Tejeros Convention & the Death of Bonifacio
Module IV. Social, Political, Economic & Cultural Issues
in Philippine History
1. Brief Political History of the Philippines
Government
2. Philippine Constitutions: Revolutionary Era to
Post-Edsa Period (1896-1986)
3. 1897 Constitution of Biak-na-Bato & 1899 Malolos
Constitution
4. 1935 Commonwealth Constitution
5. 1973 Martial Law Constitution
6. 1987 Post-EDSA Constitution
REFERENCE BOOK
Candelaria, J. L., & Alporha, V. (2018). Readings in
Philippine History (1st ed.). Rex Book Store, Incorporated.
Module III. Case Studies in Philippine
History
CASE STUDY 1 WHERE DID THE FIRST CATHOLIC
MASS TAKE PLACE IN THE PHILIPPINES
The popularity of knowing where the “firsts” happened in history
has been an easy way to trivialize history, but this case study
will not focus on the significance (or lack thereof) of the site of
the first Catholic mass in the Philippines, but rather, use it as a
historiographical exercise in the utilization of evidence and
interpretation in reading historical events
Butuan has long been believed as the site of the first Mass. In
fact, this has been the case for three centuries, culminating in
the erection of a monument in 1872 near Agusan River, which
commemorates the expedition’s arrival and celebration of Mass
on 8 April 1521. The Butuan claim has been based on a rather
elementary reading of primary sources from the event.
Toward the end of the nineteenth century and the start of the
twentieth century, together with the increasing scholarship on
the history of the Philippines, a more nuanced reading of the
available evidence was made, which brought to light more
considerations in going against the more accepted interpretation
of the first mass in the Philippines, made both by Spanish and
Filipino scholars.
It must be noted that there are only two primary
sources that historians refer to in identifying the site of the
first Mass
Two Primary Sources
● Log kept - Francisco Albo
o pilot in one of Magellan’s ship (Trinidad)
o survivor who return with Sebastian Elcano on
the ship Victoria after they circumnavigated
the world
● Primo viaggio intorno al mondo (First Voyage Around
the World) by Antonio Pigafetta
o member of Magellan’s expedition
o eyewitness of events particularly of the First
Mass
Primary Source: Albo’s Log
Source: “Diario 6 derotero del viage de Magallanes desde el
cabo se S. Agustin en el Brazil hastael regreso a España de
la nao Victoria, escrito por Frandsco Albo,” Document
no. xxii in Colleción de viages y descubrimientos que hicieron
por mar los Españoles desde lfines del sigloXV, Ed. Martin
Fernandez de Navarrete (reprinted Buenos Aires 1945, 5 Vols.)
IV, 191-225. As cited in Miguel A. Bernard “Butuan or
Limasawa? The Site of the First Mass in the Philippines:A
Reexamination of Evidence” 1981, Kinaadman: A Journal of
Southern Philippines, Vol. III, 1-35.
1 March 16, 1521
● As they sailed in a westerly course from Ladrones,
they saw a land towards the northwest
● But owing to many shallow places they did not
approach it
● Found later that its name → Yunagan
2 ● They went instead the same day southwards to
another small island, Suluan and they anchored
● Saw some canoes but these fled at the Spaniards
approach
● This island was at 9 and ⅔ degrees North Latitude
● Departing from those two islands, they sailed
westward to an uninhabited island of "Gada" where
they took in a supply of wood and water.
● The sea around that island was free from shallows.
3
(Albo does not give the latitude of this island, but
from Pigafetta's testimony, this seems to be the
"Acquada" or Homonhon, at 10 degrees North
latitude.
● From that island they sailed westwards towards a
large island names Seilani
4
○ inhabited & known to have gold.
○ Pigafetta calls it "Ceylon" → island of Leyte)
● Sailing southwards along the coast of that large
island of Seilani, they turned southwest to a small
5
island called "Mazava."
○ latitude of 9 and two-thirds degrees North.
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 CENTRAL PHILIPPINE UNIVERSITY
COLLEGE OF NURSING BATCH 2014
GESOCSCI 2A: READINGS IN PHILIPPINE HISTORY
PROF. ERNIE SAQUIBAL JR.
ADAPTED FROM: E-BOOK
● The people of that island of Mazava were very
good.
● Spaniards planted a cross upon a mountain-top,
and from there they were shown three islands to
6
the west and southwest, where they were told
there was much gold. They showed us how the
gold was gathered, which came in small pieces like
peas and lentils
● From Mazava they sailed northwards again
towards Seilani. They followed the coast of Seilani
7 in a northwesterly direction, ascending up to 10
degrees of latitude where they saw three small
islands.
● From there they sailed westwards some ten
leagues, and there they saw three islets, where
they dropped anchor for the night.
● In the morning they sailed southwest some 12
8 leagues, down to a latitude of 10 and one-third
degree.
● There they entered a channel between two islands,
one of which was called "Matan" and the other
"Subu."
● They sailed down that channel and then turned
westward and anchored at the town (la villa) of
9 Subu where they stayed many days and obtained
provisions and entered into a peace-pact with the
local king.
● The town of Subu was in an east-west direction
with the islands of Suluan and Mazava. But
between Mazava and Subu. There were so many
10
shallows that the boats could not go westward
directly but had to go (as they did) in a round-about
way.
It must be noted that in Albo’s account, the location of
Mazava fits the location of the island of Limasawa, at the
southern tip of Leyte, 9º 54’N. Also, Albo does not
mention the first Mass, but only the planting of the cross
upon the mountain-top from which could be seen three
islands to the west and southwest, which also fits the
southern end of Limasawa
Primary Source: Pigafetta’s Testimony on the Route
of Magellan’s Expedition
Source: Emma Blair and James Alexander Robertson, The
Philippine Islands, Vols. 33 and 34, ascited in Miguel A. Bernad,
“Butuan or Limasawa? The Site of the First Mass in the
Philippines:A Reexamination of Evidence” 1981, Kinaadman: A
Journal of Southern Philippines, Vol. III, 1-35.
1. Saturday, 16 March 1521 - Magellan’s expedition sighted a
“high land” named “Zamal”which was some 300 leagues
westward of Ladrones (now the Marianas) Islands.
2. Sunday, March 17- “The following day” after sighting
Zamal Island, they landed on“another island which was
uninhabited” and which lay “to the right” of the
above-mentioned island of “Zamal.” (To the “right” here
would mean on their starboard going south or southwest.)
There they set up two tents for the sick members of the
crew and had a sow killed for them. The name of this
island was “Humunu” (Homonhon). This island was
located at 10 degrees North latitude.
3. On that same day (Sunday, March 17), Magellan
named the entire archipelago the“islands of Saint
Lazarus,” the reason being that it was Sunday in the
Lenten season when the Gospel assigned for the Mass
and the liturgical Office was the eleventh chapter of
St.John, which tells of the rising of Lazarus from the dead..
4. Monday, March 18- In the afternoon of their second day on
that island, they saw a boat coming towards them with
nine men in it. An exchange gift was effected. Magellan
asked for food supplies, and the men went away,
promising to bring rice and other supplies in “four
days.”
5. There were two springs of water on that island of
Homonhon. Also, they saw some indications that there
was gold in these islands. Consequently, Magellan
renamed the island and called it the “Watering Place of
Good Omen” (Acquada la di bouni senialli).
6. Friday, March 22 - At noon the natives returned. This time
they were in two boats, and they brought food supplies.
7. Magellan's expedition stayed eight days at Homonhon:
from Sunday, March 17, to the Monday of the following
week, March 25.
8. Monday, March 25- In the afternoon, the expedition
weighed anchor and left the island of Homonhon. In the
ecclesiastical calendar, this day (March 25) was the
feast-day of the Incarnation, also called the feast of the
Annunciation and therefore "Our Lady's Day." On this day,
as they were about to weigh anchor, an accident
happened to Pigafetta: he fell into the water but was
rescued. He attributed his narrow escape from death as
grace obtained through the intercession of the Blessed
Virgin Mary on her feast-day.
9. The route taken by the expedition after leaving Homonhon
was "toward the west southwest, between four islands:
namely. Cenalo, Hiunanghan. Ibusson and Albarien." Very
probably "Cenalo" is a misspelling in the Italian manuscript
for what Pigafetta in his map calls "Ceilon" and Albo calls
"Seilani": namely the island of Leyte. "Hiunanghan" (a
misspelling of Hinunangan) seemed to Pigafetta to be a
separate island, but is actually on the mainland of Leyte
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 CENTRAL PHILIPPINE UNIVERSITY
COLLEGE OF NURSING BATCH 2014
GESOCSCI 2A: READINGS IN PHILIPPINE HISTORY
PROF. ERNIE SAQUIBAL JR.
ADAPTED FROM: E-BOOK
(i.e.. "Ceylon"). On the other hand, Hibuson (Pigafetta's
Ibusson) is an island east of Leyte's southern tip
Thus, it is easy to see what Pigafetta meant by sailing
"toward the west southwest past those islands. They left
Homonhon sailing westward towards Leyte, then followed
the Leyte coast southward. passing between the island of
Hibuson on their portside and Hinunangan Bay on their
starboard, and then continued southward. then turning
westward to "Mazaua"
10. Thursday, March 28- In the morning of Holy Thursday,
March 28. they anchored off an island where the previous
night they had seen a light or a bonfire. That island "bes in
a latitude of nine and two-thirds towards the Arctic Polette
North) and in a longitude of one hundred and sixty two
degrees from the line of demarcation It is twenty five
leagues from the Acquada, and is called Mazau.
11. The remained seven slavem Minxon Leland
12. Thursday, April 4- They left Mazaua, bound for Cebu. They
were guided thither by the king of Mazaua who sailed in
his own boat. Their route took them past five “islands”
namely: “Ceylon, Bohol, Canighan, Baibai, and Gatighan.”
13. At Gatighan, they sail westward to the three islands of
Camotes Group, namely, Poro,Pasihan and Ponson. Here
the Spanish ships stopped to allow the king of Mazaua to
catch up with them, since the Spanish ships were much
faster than the native balanghai- a thing that excited the
admiration of the king of Mazaua.
14. From the Camotes Islands they sailed southwards towards
“Zubu.”
15. Sunday, April 7, At noon they entered the harcor of “Zubu”
(Cebu). It had taken them three days to negotiate the
journey from Mazaua northwards to the Camotes Islands
and then southwards to Cebu.
It must be pointed out that both Albo and Pigafetta’s testimonies
coincide and corroborate with each other. Pigafetta gave
more details on what they did during their weeklong
stay at Mazaua.
Primary Source: Pigafetta and Seven Days in Mazaua
THURSDAY, MARCH 28
● In the morning they anchored near an island where they
had seen alight the night before a small boat (baloto)
came with eight natives, to whom Magellanthrew some
trinkets as presents.
● The natives paddled away, but two hours later two
larger boats (balanghai) came, in one of which the
native king sat under an awning of mats.
● At Magellan’s invitation some of the natives went up the
Spanish ship, but the native king remained seated in his
boat. An exchange of gifts was effected.
● In the afternoon that day,the Spanish ships weighed
anchor and came closer to shore, anchoring near the
nativeking’s village.
● This Thursday, March 28, was Thursday in
Holy Week, i.e., Holy Thursday.
FRIDAY , MARCH 29
● “Next day. Holy Friday,” Magellan sent his slave
interpreter ashore ina small boat to ask the king if he
could provide the expedition with food supplies, and
to say that they had come as friends and not as
enemies. In reply the king himself came in a boat
with six or eight men, and this time went up
Magellan’s ship and the two men embraced. Another
exchange of gifts was made. The native king and his
companions returned ashore, bringing with them two
members of Magellan’s expedition as guests for the
night. One of the two was Pigafetta.
SATURDAY, MARCH 30
● Pigafetta and his companion had spent the previous
evening feasting and drinking with the native king
and his son. Pigafetta deplored the fact that,
although it was Good Friday, they had to eat meat.
The following morning (Saturday) Pigafetta and his
companion took leave of their hosts and returned to
the ships.
SUNDAY, MARCH 31
● “Early in the morning of Sunday, the last of March
and Easter Day,”Magellan sent the priest ashore with
some men to prepare for the Mass. Later in the
morning Magellan landed with some fifty men and
Mass was celebrated, after which the cross was
venerated. Magellan and the Spaniards returned to
the ship for the noon-day meal, but in the afternoon,
they returned ashore to plant the cross on the
summit of the highest hill. In attendance both at the
Mass and at the planting of the cross were the king
of Mazaua and the king of Butuan.
● On that same afternoon, while on the summit of the
highest hill,Magellan asked the two kings which
ports he should go to in order to obtain more
abundant supplies of food than were available in that
island. They replied that there were three ports to
choose from: Ceylon, Zubu, and Calagan. Of the
three, Zubu was the port with the most trade.
Magellan then said that he wished to go to Zubu and
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 CENTRAL PHILIPPINE UNIVERSITY
COLLEGE OF NURSING BATCH 2014
GESOCSCI 2A: READINGS IN PHILIPPINE HISTORY
PROF. ERNIE SAQUIBAL JR.
ADAPTED FROM: E-BOOK
to depart the following morning. He asked for
someone to guide him though. The king replied that
the pilots would be available “any time.” But later
that evening the king of Mazaua changed his mind
and said that he would himself conduct Magellan to
Zubu but that he would first have to bring the harvest
in. He asked Magellan to send him men to help with
the harvest.
MONDAY, APRIL 1
● Magellan sent men ashore to help with the harvest,
but no work was done that day because two kings
were sleeping off their drinking bout the night before.
TUESDAY-WEDNESDAY, APRIL 2-3
● Work on the harvest during the “next to days,”i.e.,
Tuesday and Wednesday, the 2nd and 3rd of April.
THURSDAY, APRIL 4
● They leave Mazaua, bound for Cebu
Using the primary sources available, Jesuit priest Miguel A
Bernad in his work Butuan orLimasawa? The Site of the First
Mass in the Philippines: A Reexamination of Evidence(1981)
lays down the argument that in the Pigafetta account, a crucial
aspect of Butuan was not mentioned- the river. Butuan is a
riverine settlement, situated on the Agusan River. The beach of
Masao is in the delta of said river. It is a curious omission in the
account of the river, which makes part of a distinct characteristic
of Butuan’s geography that seemed to be too important to be
missed.
It must also be pointed out that later on, after Magellan’s death,
the survivors of his expedition went to Mindanao, and
seemingly went to Butuan. In this instance, Pigafettavividly
describes a trip in a river. But note that this account
already happened afterMagellan’s death.
CASE STUDY 2: WHAT HAPPENED IN THE CAVITE
MUTINY? CONTRADICTORY ACCOUNTS
The year 1872 is a historic year of two events: the Cavite Mutiny
and the martyrdom of the three priests, Mariano Gomez, Jose
Burgos, and Jacinto Zamora, later immortalized as
GOMBURZA. These events are very important milestones in
Philippine history and have caused ripples throughout time,
directly influencing the decisive events of the Philippine
Revolution toward the end of the century. While the significance
is unquestioned, what made this year controversial is the
different sides to the story, a battle of perspectives supported by
primary sources. In this case study, we zoom in to the events of
the Cavite Mutiny, a major factor in the awakening of
nationalism among the Filipinos of that time,
Spanish Accounts of the Cavite Mutiny
The documentation of Spanish historian Jose Montero y Vidal
centered on how the event was an attempt in overthrowing the
Spanish government in the Philippines. Although regarded as a
historian, his account of the mutiny was criticized as woefully
biased and rabid for a scholar. Another account from the official
report written by then Governor General Rafael Izquierdo
implicated the native clergy, who were then, active in the
movement toward secularization of parishes. These two
accounts corroborated each other.
Primary Source: Excerpts from Montero's Account of
the Cavite Mutiny
Source: Jose Montero y Vidal, "Spanish Version of the Cavite
Mutiny of 1872," in Gregorio Zaide and Sonia Zaide,
Documentary Sources of Philippine History, Volume 7 (Manila:
National Book Store, 1990), 269 273.
The abolition of privileges enjoyed by the laborers of the Cavite
arsenal of exemption from the tribute was, according to some,
the cause of the insurrection. There were, however, other
causes.
The Spanish revolution which overthrew a secular throne: the
propaganda carried on by an unbridled press against
monarchical principles, attentatory [sic] of the most sacred
respects towards the dethroned majesty: the democratic and
republican books and pamphlets; the speeches and preachings
of the apostles of these new ideas in Spain: the outbursts of the
American publicists and the criminal policy of the senseless
Governor whom the Revolutionary government sent to govern
the Philippines, and who put into practice these ideas were the
determining circumstances which gave rise, among certain
Filipinos, to the idea of attaining their independence. It was
towards this goal that they started to work, with the powerful
assistance of a certain section: of the native clergy, who out of
spite toward friars, made common cause with the enemies of
the mother country.
At various times but especially in the beginning of 1872, the
authorities received anonymous communications with the
information that a great uprising would break out against the
Spaniards, the minute the fleet at Cavite left for the South, and
that all would be assassinated, including the friars. But nobody
gave importance to these notices. The conspiracy had been
going on since the days of La Torre with utmost secrecy. At
times, the principal leaders met either in the house of Filipino
Spaniard, D. Joaquin Pardo de Tavera, or in that of the native
priest, Jacinto Zamora, and these meetings were usually
attended by the curate of Bacoor, the soul of the movement,
whose energetic character and immense wealth enabled him to
exercise a strong influence.
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 CENTRAL PHILIPPINE UNIVERSITY
COLLEGE OF NURSING BATCH 2014
GESOCSCI 2A: READINGS IN PHILIPPINE HISTORY
PROF. ERNIE SAQUIBAL JR.
ADAPTED FROM: E-BOOK
Primary Source: Excerpts from the Official Report of
Governor Izquierdo on the Cavite Mutiny of 1872
Source: Rafael Izquierdo "Official Report on the Cavite Mutiny,"
in Gregorio Zaide and Sonia Zaide, Documentary Sources of
Philippine History, Volume 7 (Manila: National Book Store,
1990), 281-286.
...It seems definite that the insurrection was motivated and
prepared by the native clergy, by the mestizos and native
lawyers, and by those known here as abogadillos...
The instigators, to carry out their criminal project, protested
against the injustice of the government in not paying the
provinces for their tobacco crop, and against the usury that
some practice in documents that the Finance department gives
crop owners who have to sell them at a loss. They encouraged
the rebellion by protesting what they called the injustice of
having obliged the workers in the Cavite arsenal to pay tribute
starting January 1 and to render personal service, from which
they were formerly exempted...
Up to now it has not been clearly determined if they planned to
establish a monarchy or a republic, because the Indios have no
word in their language to describe this different form of
government, whose head in Tagalog would be called hari; but it
turns out that they would place at the head of the government a
priest... that the head selected would be D. Jose Burgos, or D.
Jacinto Zamora...
Such is... the plan of the rebels, those who guided them, and
the means they counted upon for its realization.
It is apparent that the accounts underscore the reason for the
"revolution": the abolition of privileges enjoyed by the workers of
the Cavite arsenal such as exemption from payment of tribute
and being employed in Polos y Servicios, or force labor. They
also identified other reasons which seemingly made the issue a
lot more serious, which included the presence of the native
clergy, who, out of spite against the Spanish friars, "conspired
and supported" the rebels. Izquierdo, in an obviously biased
report, highlighted that attempt to overthrow the Spanish
government in the Philippines, to install a new "hari" in the
persons of Fathers Burgos and Zamora. According to him.
native clergy attracted supporters by giving them charismatic
assurance that their hight will not fail because they have God's
support. aside from promises of lofty rewards such as
employment, wealth, and ranks in the army.
In the Spaniard's accounts, the event of 1872 was
premeditated, and is part of a big conspiracy among the
educated leaders, mestizos, lawyers, and residents of Manila
and Cavite. They allegedly plan to liquidate high-ranking
Spanish officers, then kill the friars. The signal they identified
among these conspirators of Manila and Cavite was the rockets
fired from Intramuros.
The accounts detail that on 20 January 1872, the district of
Sampaloc celebrated the feast of the Virgin of Loreto, and with it
were some fireworks displays. The Caviteños allegedly mistook
this as the signal to commence with the attack. The 200-men
contingent led by Sergeant Lamadrid attacked Spanish officers
at sight and seized the arsenal. Izquierdo, upon learning of the
attack, ordered the reinforcement of the Spanish forces in
Cavite to quell the revolt. The "revolution" was easily crushed,
when the Manileños who were expected to aid the Caviteños
did not arrive. Leaders of the plot were killed in the resulting
skirmish, while Fathers Gomez, Burgos, and Zamora were tried
by a court-martial and sentenced to be executed. Others who
were implicated such as Joaquin Pardo de Tavera, Antonio Ma.
Regidor, Jose and Pio Basa, and other Filipino lawyers were
suspended from the practice of law, arrested, and sentenced to
life imprisonment at the Marianas Island. Izquierdo dissolved
the native regiments of artillery and ordered the creation of an
artillery force composed exclusively of Peninsulares.
On 17 February 1872, the GOMBURZA were executed to serve
as a threat to Filipinos never to attempt to fight the Spaniards
again.
Differing Accounts of the Events of 1872
Two other primary accounts exist that seem to counter the
accounts of Izquierdo and Montero. First, the account of Dr.
Trinidad Hermenigildo Pardo de Tavera, a Filipino scholar and
researcher, who wrote a Filipino version of the bloody incident in
Cavite.
Primary Source: Excerpt from Pardo de Tavera's
Account of the Cavite Mutiny
Source: Trinidad Pardo de Tavera, "Filipino Version of the
Cavite Mutiny," in Gregorio Zaide and Sonia Zaide.
Documentary Sources of Philippine History, Volume 7 (Manila:
National Book Store, 1990), 274 280.
This uprising among the soldiers in Cavite was used as a
powerful level by the Spanish residents and by the friars...the
Central Government in Madrid had announced its intention to
deprive the friars in these islands of powers of intervention in
matters of civil government and of the direction and
management of the university... It was due to these facts and
promises that the Filipinos had great hopes of an improvement
in the affairs of their country, while the friars, on the other hand,
feared that their power in the colony would soon be complete a
thing of the past.
Up to that time there had been no intention of secession from
Spain, and the only aspiration of the people was to secure the
material and education advancement of the country...
According to this account, the incident was merely a mutiny by
Filipino. soldiers and laborers of the Cavite arsenal. Soldiers
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PROF. ERNIE SAQUIBAL JR.
ADAPTED FROM: E-BOOK
and laborers of the arsenal to the dissatisfaction arising from the
draconian policies of Izquierdo, such as the abolition of
privileges and the prohibition of the founding of the school of
arts and trades for Filipinos, which the General saw as a
smokescreen to creating a political club.
Tavern is of the opinion that the Spanish friars and Izquierdo
used the Cavite Mutiny as a way to address other issues by
blowing out of proportion the isolated mutiny attempt. During
this time, the Central Government in Madrid was planning to
deprive the friars of all the powers of intervention in matters of
civil government and direction and management of educational
institutions. The friars needed something to justify their
continuing dominance in the country, and the mutiny provided
such opportunity
However, the Central Spanish Government introduced an
educational decree fusing sectarian schools run by the friars
into a school called the Philippine Institute. The decree aimed to
improve the standard of education in the Philippines by
requiring teaching positions in these schools to be filled by
competitive examinations, an improvement welcomed by most
Filipinos.
Another account, this time by French writer Edmund Plauchut,
complemented Tavera's account and analyzed the motivations
of the 1872 Cavite Mutiny.
Primary Source: Excerpts from Plauchut's Account of
the Cavite Mutiny
Source: Edmund Plauchut, "The Cavite Mutiny of 1872 and the
Martyrdom of Gom-Bur-Za," in Gregorio Zaide and Sonia Zaide,
Documentary Sources of Philippine History, Volume 7 (Manila:
National Book Store, 1990), 251-268.
General La Torre... created a junta composed of high officials...
including some friars and six Spanish officials.... At the same
time there was created by the government in Madrid a
committee to investigate the same problems submitted to the
Manila committee. When the two finished work, it was found
that they came to the same conclusions. Here is the summary
of the reforms they considered necessary to introduce:
1. Changes in tariff rates at customs, and the methods of
collection.
2. Removal of surcharges on foreign importations.
3. Reduction of export fees.
4. Permission for foreigners to reside in the Philippines, buy real
estate, enjoy freedom of worship, and operate commercial
transports flying the Spanish flag.
5. Establishment of an advisory council to inform the Minister of
Overseas Affairs in Madrid on the necessary reforms to be
implemented.
6. Changes in primary and secondary education.
7. Establishment of an Institute of Civil Administration in the
Philippines, rendering unnecessary the sending home of short
term civil officials every time there is a change of ministry,
8. Study of direct-tax systems.
9. Abolition of the tobacco monopoly.
...The arrival in Manila of General Izquierdo... put a sudden end
to all dreams of reforms... The prosecutions instituted by the
new Governor General were probably expected as a result of
the bitter disputes between the Filipino clerics and the friars.
Such a policy must really end in a strong desire on the part of
the other to repress cruelly.
In regard to schools, it was previously decreed that there should
be in Manila a Society of Arts and Trades to be opened in
March of 1871... to repress the growth of liberal teachings,
General Izquierdo suspended the opening of the school... the
day previous to the scheduled inauguration…
The Filipinos had a duty to render service on public roads
construction and pay taxes every year. But those who were
employed at the maestranza of the artillery, in the engineering
shops and arsenal of Cavite, were exempted from this
obligation from time immemorial. Without preliminaries of any
kind, a decree by the Governor withdrew from such old
employees their retirement privileges and declassified them into
the ranks of those who work on public roads.
The friars used the incident as a part of a larger conspiracy to
cement their dominance, which has started to show cracks
because of the discontent of the Filipinos. They showcased the
mutiny as part of a greater conspiracy in the Philippines by
Filipinos to overthrow the Spanish Government Unintentionally,
and more so, prophetically, the Cavite Mutiny of 1872 resulted
to the martyrdom of GOMBURZA, and paved the way to the
revolution culminating in 1898.
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PROF. ERNIE SAQUIBAL JR.
ADAPTED FROM: E-BOOK
CASE STUDY 3: DID RIZAL RETRACT?
JOSE RIZAL
● identified as hero of the revolutions for his writings that
centers on ending colonialism and liberating Filipino
minds to contribute to creating the Filipino nation
● The great volume of Rizal's life work was committed to
this end, particularly the more influential ones, Noli Me
Tangere and El Filibusterismo. His essays vilify not the
catholic religion, but the friars, the main agents of
injustice in Philippine society.
It is understandable therefore, that any piece of writing from
Rizal that recants everything he has written against the friars
and the Catholic Church in the Philippines could deal heavy
damage to his image as a prominent Filipino revolutionary.
Such a document purportedly exists, allegedly signed by
Rizal a few hours before his execution. This document,
referred to as “The Retraction”, declares Rizal’s belief in
Catholic faith, and retracts everything he has written against
the Church.
Primary Source: Rizal’s Retraction
Source: Translated from the document found by Fr. Manuel
Garcia,
C.M on 18 May 1935 I declared myself a catholic and in this
religion in which I was born and educated I wish to live and
die.
I retract with all my heart whatever in my words, writings,
publications and conduct has been contrary to my character
as a son of the catholic church. I believe and I confess
whatever she teaches and I submit to whatever she
demands. I abominate masonry, as the enemy which is of the
church, and as a Society prohibited by the church. The
Diocesan prelate may, as the Superior Ecclesiastical
Authority, make public this spontaneous manifestation of
mine in order to repair the scandal which my acts have
caused and so that God and people may pardon me.
Manila 29 of December of 1896
Jose Rizal
There are four iterations of the texts of this retraction: the first
was published in La Voz Espanola and Diario de Manila on the
day of the execution, 30 December 1896. The second text
appeared in Barcelona, Spain, in the magazine La Juventud, a
few months after execution, 14 February 1897, from an
anonymous writer who was later on revealed to be Fr. Vicente
Balaguer. However, the “original '' text was only found in the
archdiocesan archives on 18 May 1935, after almost four
decades of disappearance. It appeared in El Imparcial on the
day after Rizal's Execution, a short formula of retraction.
The Balaguer Testimony
Doubts on the retraction document abound, especially because
only one eye witness account of the writing of the document
exists — that of the Jesuit friar Fr. Vicente Balaguer. According
to his testimony, Rizal woke up several times, confessed four
times, attended a mass, received communion, and prayed the
rosary, all of which seem out of character. But since it is the only
testimony of allegedly a “primary” account that Rizal ever wrote
a retraction document, it has been used to argue the
authenticity of the document.
The Testimony of Cuerpo de Vigilancia
Another eyewitness account surfaced in 2016, through the
research of Professor Rene R. Escalante. In his research,
documents of the Cuerpo de Vigilancia included a report on the
last hours of Rizal, written by Federico Moreno. The report
details the statement of Cuerpo de Vigilancia to Moreno
The Cuerpo de Vigilancia de Manila (Security Corps of
Manila) was the intelligence service that the Spanish colonial
government created in 1895. It was organized primarily to
gather information on the activities of Katipunan members
and supporters. Cuerpo agents were tasked to monitor the
activities of suspected Katipunan members. They were
supposed to report all sorts of rumors, collect news reports,
identify the financiers of the Katipunan, compile revolutionary
papers, gather photographs, and intercept mail.. In a span of
three years, they were able to collect almost 3,000
documents containing eyewitnesses; of the more than 1,000
reports found in the Cuerpo collection, around 30 are about
Jose Rizal.
Primary Source: Eyewitness Account of the Last
Hours of Rizal Federico Moreno
Source: Michael Charleston Chua, “Retraction ni Jose Rizal:
Mga bagong dokumento at pananaw,” GMA News Online,
published 29 December 2016.
Most Illustrious Sir, the agent of the Cuerpo de Vigilancia
stationed in Fort Santiago to report on the events during the
[illegible] day in prison of the accused Jose Rizal, informs me on
this date of the following:
At 7:50 yesterday morning, Jose Rizal entered death row
accompanied by his counsel, Senor Taviel de Andrade, and the
Jesuit priest Vilaclara. At the urgings of the former and
moments after entering, he was served a light breakfast.
At approximately 9, the Assistant of the Plaza, Senor Maure,
asked Rizal if he wanted anything. He replied that at the
moment he only wanted a prayer book, which was brought to
him shortly by Father March.
Senor Andrade left death row at 10 and Rizal spoke for a long
while with the Jesuit fathers, March and Vilaclara, regarding
religious matters, it seems. It appears that these two presented
him with a prepared retraction on his life and deeds that he
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refused to sign. They argued about the matter until 12:30 when
Rizal ate some poached egg and a little chicken. Afterwards he
asked to leave to write and wrote for a long time by himself.
At 3 in the afternoon, Father March entered the chapel and
Rizal handed him what he had written. Immediately the chief of
the firing squad, Senor del Fresno and the Assistant of the
Plaza, Senor Maure, were informed. They entered death row
and together with Rizal signed the document that the accused
had written.
At 5 this morning of the 30th, the lover of Rizal arrived at the
prison… dressed in mourning. Only the former entered the
chapel, followed by a military chaplain whose name I cannot
ascertain. Donning his formal clothes and aided by a soldier of
the artillery, the nuptials of Rizal and the woman who had been
his lover were performed at the point of death (in articulo
mortis). After embracing him she left, flooded with tears.
This account corroborates the existence of the retraction
document, giving it credence. However, nowhere in the account
was Fr. Balaguer mentioned, which makes the friar a mere
secondary source to the writing of the document.
● The report of Moreno presents another
eyewitness account of what transpired in
Rizal’s prison cell before he was executed.
This testimony contains several details that
could be used for and against the claim that
Rizal returned to the Catholic fold and
renounced Masonry. The account may be
considered more objective than earlier ones
because Moreno was neither a member of the
Catholic hierarchy nor a known Mason. He
was in Fort Santiago not to serve a particular
interest group but simply to perform a function
connected with his work.
Did Rizal really retract?
● For the side, yes, According to Augusto de Viana, he
believed Rizal retracted. He retracted to save his
family from persecution. Give Josephine a legal status
as his wife. To secure reforms from the Spanish
Government.
● For no, The retraction is said to be a forgery. The
forger was believed to be Roman Roque, he forged the
signature of Jose Rizal. Some facts and acts do not fit
well with the story of retraction. The Retraction
document was out of character.
The retraction of Rizal remains to this day a controversy;
many scholars, however, agree that the document does not
tarnish the heroism of Rizal. His relevance remained
solidified to Filipinos and pushed them to continue the
revolution, which eventually resulted in independence in
1898. It may be true or not that he repented and returned to
his faith, but this does not diminish Rizal's status as a great
hero virtuous of greatness.
CASE STUDY 4: WHERE DID THE CRY OF
REBELLION HAPPEN?
Momentous events swept the Spanish colonies in the late 19th
century, including the Philippines. Journalists of the time
referred to the phrase "El Grito de Rebelion" or "Cry of
Rebellion" to mark the start of these revolutionary events,
identifying the places where it happened. In the Philippines, this
happened in August 1896, northeast of Manila, where they
declared rebellion against the Spanish colonial government.
These events are important markers in the history of colonies
that struggled for their independence against their colonizers.
The controversy regarding this event stems from the
identification of the date and place where the Cry happened.
Prominent Filipino historian Teodoro Agoncillo emphasizes the
event when Bonifacio tore the cedula or tax receipt before the
Katipuneros who also did the same. Some writers identified the
first military event with the Spaniards as the moment of the Cry,
for which Emilio Aguinaldo commissioned a "Himno de
Balintawak'' to inspire the renewed struggle after the Pact of the
Biak na Bato failed. A monument to the Heroes of 1896 was
erected in what is now the intersection of Epifanio de los Santos
(EDSA) Avenue and Andres Bonifacio Drive-North Diversion
road, and from then on until 1962, the Cry of Balintawak was
celebrated every 26th of August. The site of the monument was
chosen for an unknown reason.
Different Dates and Places of the Cry
Various accounts of the Cry give different dates and places. A
guardia civil, Lt. Olegario Diaz, identify the Cry to have
happened in Balintawak on 25 August 1896. Teodoro Kalaw,
Filipino historian, marks the place to be in Kangkong,
Balintawak, on the last week of August 1896. Santiago Alvarez,
a Katipunero and son of Mariano Alvarez, leader of the
Magdiwang faction in Cavite, puts the Cry in Bahay Toro in
Quezon City on 24 August 1896. Pio Valenzuela, known
Katipunero and privy to many events concerning the Katipunan
stated that the Cry happened in Pugad Lawin on 23 August
1896. Historian Gregorio Zaide identified the Cry to have
happened in Balintawak on 26 August 1896, while Teodoro
Agoncillo puts it at Pugad Lawin on 23 August 1896, according
to statements by Pio Valenzuela. Research by historians
Milagros Guerrero, Emmanuel Encarnacion, and Ramon
Villegas claimed that the event took place in Tandang Sora's
barn in Gulod, Barangay Banlat, Quezon City, co 24 August
1896.
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ADAPTED FROM: E-BOOK
Primary Source: Accounts of the Cry
Guillermo Masangkay
Source: Guillermo Masangkay. "Cry of Balintawak" by Gregorio
Zaide and Sonia Zaide, Documentary Sources of Philippine
History. Volume 8 (Manila: National Book Store, 1990), 307-309.
On August 26th, a big meeting was held in Balintawak, at the
house of Apolonio Samson, then the cabeza of that barrio of
Caloocan. Among those who attended, I remember. were
Bonifacio, Emilio Jacinto, Aguedo del Rosario, Tomas
Remigio, Briccio Pantas. Teodoro Plata, Pio Valenzuela,
Enrique Pacheco, and Francisco Carreon. They were all
leaders of the Katipunan and composed the board of
directors of the organization. Delegates from Bulacan,
Cabanatuan. Cavite, and Morong were also present.
At about nine o'clock in the morning of August 26, the
meeting was opened with Andres Bonifacio presiding and
Emilio Jacinto acting as secretary. The purpose was to
discuss when the uprising was to take place, Teodoro Plata,
Briccio Pantas, and Pio Valenzuela were all opposed to
starting the revolution too early, Andres Bonifacio, sensing
that he would lose in the discussion then, left the session hall
and talked to the people, who were waiting outside for the
result of the meeting of the leaders. He told the people that
the leaders were arguing against starting the revolution early,
and appealed to them in a fiery speech in which he said:
"You remember the fate of our countrymen who were shot in
Bagumbayan. Should we return now to the towns, the
Spaniards. will only shoot us. Our organization has been
discovered and we are all marked men. If we didn't start the
uprising, the Spaniards would get us anyway. What then, do
you say?"
"Revolt!" the people shouted as one.
Bonifacio then asked the people to give a pledge that they
were to revolt. He told them that the sign of slavery of the
Filipinos were (sic) the cedula tax charged each citizen. "If it
is true that you are ready to revolt... I want to see you destroy
your cedulas. It will be a sign that all of us have declared our
severance from the Spaniards."
Pio Valenzuela
Source: Pio Valenzuela, "Cry of Pugad Lawin." in Gregorio
Zaide and Sonia Zaide, Documentary Sources of Philippine
History, Volume 8 (Manila: National Book Store, 1990), 301-302
The first place of refuge of Andres Bonifacio, Emilio Jacinto,
Procopio Bonifacio, Teodoro Plata, Aguedo del Rosario, and
myself was Balintawak, the first five arriving there on August
19, and I, on August 20, 1896. The first place where some
500 members of the Katipunan met on August 22, 1896, was
the house and yard of Apolonio Samson at Kangkong. Aside
from the persons mentioned above, among those who were
there were Briccio Pantas, Alejandro Santiago, Ramon
Bernardo, Apolonio Samson, and others. Here, views were
only exchanged, and no resolution was debated or adopted.
It was at Pugad Lawin, the house, store-house, and yard of
Juan Ramos, son of Melchora Aquino, where over 1,000
members of the Katipunan met and carried out considerable
debate and discussion on August 23, 1896. The discussion
was on whether or not the revolution against the Spanish
government should be started on August 29, 1896... After the
tumultuous meeting, many of those present tore their cedula
certificates and shouted "Long live the Philippines! Long live
the Philippines!"
From the eyewitness accounts presented above, there is
indeed, marked disagreement among historical witnesses as to
the place and time of the occurrence of the Cry. Using primary
and secondary sources, four places have been identified:
Balintawak. Kangkong. Pugad Lawin, and Bahay Toro, while the
dates vary: 23, 24, 25, or 26 August 1896.
Valenzuela's account should be read with caution: He once told
a Spanish investigator that the "Cry" happened in Balintawak on
Wednesday. 26 August 1896, Much later, he wrote in his
Memoirs of the Revolution that it happened at Pugad Lawin on
23 August 1896. Such inconsistencies in accounts should
always be seen as a red flag when dealing with primary sources
According to Guerrero, Encarnacion, and Villegas, all these
places are in Balintawak, then part of Caloocan, now, in Quezon
City. As for the dates, Bonifacio and his troops may have been
moving from one place to another to avoid being located by the
Spanish government, which could explain why there are several
accounts of the Cry.
Case Study 5: The Tejeros Convention & the Death of
BONIFACIO
Historical Context
The first days of the Philippine Revolution saw the defeat of the
Katipunan in Manila, forcing Bonifacio and his men to retreat to
the mountains of Montalban. It was a different story in Cavite,
Here, the Katipunan under Emilio Aguinaldo managed to
subdue the Spanish forces by surprise and take control of the
province. The victory, however, was short-lived as the Cavite
Katipuneros–which consisted of two groups, the Magdiwang
(Bonifacio) and Magdalo (Aguinaldo)–were soon fighting each
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other over territory and logistics. Unable to resolve their
differences, Aguinaldo invited the Supremo Andres Bonifacio to
Cavite to mediate. However when he arrived it infuriated the
Maydalos. The two groups finally agreed to form a revolutionary
government (pamahalaang paghihimagsik) which would lead
the revolution. The assembly was set to be held in the friar's
estate house in Barrio Tejero, a part of the town of San
Francisco de Malabon (now General Trias). On March 22. 1997,
the Cavite Katipuneros, as well as representatives of the
Katipunan from the nearby provinces, converged at the estate
house. Emilio Aguinaldo, however, was not at the assembly as
he was commanding the Filipino forces at the frontlines in
Pasong Santol, Barrio Salitran, Dasmarinas, facing the
imminent attack of the Spanish forces.
Artemio Recarte’s Account
The following account was written by Gen. Artemio Ricarte
(nom-de-guerre: Vibora) who was one of the officials of the
Magdiwang faction. During the Tejeros Assembly, he served as
the secretary of the convention when Bonifacio began presiding
over the session. Ricarte was elected in the Tejeros Assembly
as Captain-General of the revolutionary government. He initially
refused the position buT his objections were overruled by the
electoral body. His account of the Philippine revolution was titled
"Apuntes Históricos de la Insurrección por los Asociados al
‘Kamahalmahala’t Kataastaasang Katipunan nang manga Anak
ng Bayan' contra el Gobierno Español en las Islas Filipinas." It
was written during his imprisonment for subversion by the
American authorities in 1904. It was translated into English by a
British journalist, William Brecknock Watson, but remained in
manuscript form. Ricarte's memoirs were published in Tagalog
in 1927 in Yokohama, Japan with the title Himagsikan ng Mga
Pilipino Laban sa Kastila. The account on the next page is his
version of the Tejeros Assembly.
The Account
Early on the morning of the day set for the assembly (March 22
- JVT), men filled the Tejeros estate housemons them not only
the chiefs of the Magdiwang but also men of the Magdalo,
Among the chiefs of the Magdiwang apart from the Supremo of
the Katipunan, were the following Marimo, Pascual and
Santiago Alvarez: Luciano San Miguel, Mariano Trias Closas:
Severino de las Alas and Santos Nocon, Among those of
Magdalo were Baldomero Aguinaldo, Daniel Trona, Cayetano
Topacio, and Antonio Montenegro.
The session opened under the presidency of Jacinto Lumbreras
who, in a few words, explained the purpose of the meeting.
Severino de las Alas rose to address those present and said
that before discussing the defense of a small piece of territory in
Cavite, it would be well to consider first the kind of government
then existing in the country, as upon that government would
depend on whatever defense might be needed. The chairman
replied that from the time the Katipunan was established the
country had been ruled by the Supreme Council, the provincial
and popular councils, He repeated that the purpose for which
the assembly had been called was one of great importance in
those critical times. Andres Bonifacio, with permission of the
chair, spoke in support of Lumbreras and his stand in regard to
the government and went to explain the significance of the letter
“K* in the center of the sun on the flag, which stands for liberty,
as has already been said in the description of the insurgent flag.
Severino de las Alas again addressed the meeting and said that
neither the letter "K" on the flag. nor the flag itself, has anything
to do with the character of the government then existing; that is
to say, whether it was a monarchy or a republic. Bonifacio
replied that the Katipuneros, from the president of the Supreme
Council to the most insignificant member, recognized the
principles of Union, Fraternity and Equality, on which account it
was very clear that the government of the Kartipunan was
rigorously republican in form.
Antonio Montenegro rose and spoke in support of the De las
Alas suggestion and in a louder voice than usual said that
unless some definite understanding was arrived at regarding the
matter, the insurgents were mere groups of tulisanes or, much
worse, brutes.
These last words of Antonio Montenegro wounded the pride of
Santiago Alvarez, who rose with glaring eyes and, addressing
Montenegro, said: "We insurgents of Cavite and especially of
the Magdiwang government recognize and obey the
government established by the Katipanan, if you wish to
establish any other kind of government more suited to your
fancy, retire to your province and conquer territory from the
Spanish government as we have done here, and establish there
whatever government you like, and no one will interfere with
you.
Thesession broke up in disorder, but one hour later, when the
passions of the adherents of Santiago Alvarez and Antonio
Montenegro had been pacified, it convened against under the
presidency of Andres Bonifacio because Jacinto Lumbreras
said that inasmuch as they were discussing a subject which was
provided for in the call for the meeting, but which concerned the
establishment of a general government for the insurrection, he
ought not to preside at the continuation of the meeting. Then
Andres Bonifacio. Was chosen by acclamation to be president
at the meeting. Order being restored, Bonifacio opened the
session saying * As you wish to establish a supreme
government to direct the insurrection, abolishing that already
organized by the Katipuan and agreed upon in the Imus
assembly.
I, as Supremo of the Supreme Conneil of the Katipunan. agree
to your just petition; but I must first invite you all to join us in
recognizing a principle upon which we must base all our
decisions in this or in any older session; this principle is that we
respect and obey in everything the vote or decision of the
majority." Those present signified their unanimous conformity
and the Philippine Republic was agreed upon and proclaimed
amid repeated and enthusiastic applause. They then proceeded
to the election of the following officers of the Republic:
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President, Vice-President, Captain General, and Directors of
War, Interior, State, Finance, Commerce and Ballots
Ballots were then distributed and one hour later the votes were
counted. As a result of this vote, Emilio Aguinaldo was elected
President of the Republic defeating Andres Bonfacio and
Mariano Inas. The result was proclaimed amidst applause.
They then proceeded to the election of a Vice-President.
Severino de las Alas remarked that inasmuch as Andres
Bonifacio had secured the second largest number of votes in
the election for President, he should be proclaimed Vice
President. No one expressed a wish to speak in favor or against
the suggestion of De las Alas, wherefore the chairman ordered
that the election be proceeded with, and this being done it
resulted in a majority of votes being cast for Mariano Trias
Closas as against Andres Bonifacio, Severino de las Alas, and
Mariano Alvarez.
They then immediately proceeded to the election of a Captain
General. The secretary of the session, Artemio Ricarte, was
elected by a large majority over Santiago Alvarez. Ricarte rose
and protested against his own election. Those present
disapproved of the protest viva voce, and the chairman called
the meeting to order saying that as night was falling, it was
advisable to continue the election for the other positions. It was
unanimously proposed and approved that, to cut short the
voting, those who favored any person for a position should
stand on one side and those who favored another person
should stand on the other side in groups, and in that way, they
voted for a Director of War, Emiliano Riego de Dios....
The election of a Minister of the interior was proceeded with in
the same way, with the result that Andres Bonifacio was
elected…In the midst of the acclamation that was accorded
Andres Bonifacio, DanielTiroma demanded the floor and said:
"Fellow countrymen: The position of Minister of the Interior is a
very important one and should not be occupied by a person who
is not a lawyer. We have in our province a lawyer Jose del
Rosario: Hence ye must protest against the election of the
person elected and acclaimed. “Thee, shouting at the top of his
voice he cried: Let us vote for Jose del Rosario, the lawyer!"
Bonifacio's pride being wounded, he rose and spoke thus:
"Have we not agreed that we shall obey the will of the majority,
whatever might be the social position of the person elected?"
Having said this, he asked Daniel Tirona to repeat what he had
said, or to apologize to the assembly for the insult offered to the
person elected, because up to that time not one of those
elected was fitted by reason of his culture for the position to
which he had been designated. As Trona tried to hide himself
among the crowd, without paying attention to what Bonifacio
demanded of him, the latter drew his revolver and was about to
fire at Trona, but the secretary of the session (Ricarte) seized
his hand and the incident passed without more ado. As those
present were about to leave the room, Bonifacio said in a loud
voice: "I, as president of the session, and also as president of
the supreme council of the Katipanan as you all know, declare
this assembly closed, and annul everything that has been done
therein." He then left, followed by his adherents.
Andres Bonifacio’s Account
This account by Andres Bonitacio is from a letter he wrote to
Emilio Jacinto in Montalban from Indang, Cavite on April 24,
1897, a month after the Tojeros elections, This would be the first
time the other members of the Supreme Council would hear the
events that happened in Cavite. This was first published in
Jose P: Santos, Si Andres Bonifacio at Ang Himagsikan (1932).
The Account
The majority of the said convention agreed to establish a
government, but I explained to them that this could not be done
because the representatives of the other towns did not arrive, a
condition that was agreed upon in the Imus Assembly but which
was disregarded by the majority because of the dire conditions
of the towns; and the lmus Assembly lacks proof because there
were no documents. Nevertheless, the ones who were present
promised that whatever decision was made, the majority will
abide by the decision in the assembly and that is what I will
respect. When the elections were held, elected President of the
Republic was Don Emilio Aguinaldo; Vice President, Don
Mariano Trias; Auditor General, Don Artemio Ricarte; Director of
War, Don Emiliano R. de Dios. The elections were held through
the expressions of those who were present (viva voce) because
it was already nighttime. I was elected Director of the Interior
through the same expressions of those present and among the
midst of those who were elected: however, after the decision
was made and the election for the Director de Hacienda was
about to start, Don Daniel Tirona stood up and said that there is
a cry being raised that Don Jose del Rosario be chosen Director
of the interior because there is a need that this position should
be filled by someone educated. He announced this after saying
that he did not statethis with the intention of insulting me.I
answered back that good and educated men are needed for all
the positions. I asked him to point out to me who among the
elected ones are already well-versed in their positions but
instead, he began to shout: "Let us agree that Jose del Rosario
a lawyer. be chosen Director of the Interior!” No one responded
to his call which he did four times whereas a few responded by
calling out my name. Because of the tumult that occurred, the
President of the Magdiwang announced that this was not an
assembly of gentlemen because everything that they did had no
evidence. Also, I discovered that even before the elections were
made, some of those who are from Imus had secretly spread
the word that it was not good for them to be under the
leadership of someone from another province. It was for this
reason that Captain Emilio Aguinaldo was elected President.
When I heard about this, I told them that this assembly was the
idea of those with evil intentions as this was the only thing that
they wanted and that they deceived the people. l even added
that if they wished I will point out one by one those who
intended to do this if they wanted to. The assembly answered
that it was not necessary: I also told them that if the wishes of
the assembly are not to be followed, I will not recognize those
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who were elected and if I will not recognize them then my men
will also not recognize them. Even General Ricarte- the one
elected General-also stated that their assembly was the result
of bad intentions…
Santiago Alvarez’s Account
The account of the Tejeros Convention is found in Chapter 32 of
Gen. Santiago Alvaree's memoirs, Like Ricarte, Alvarez was a
direct participant and witness to the events that occurred in the
elections.
The Account
The assembly at Tereros was finally convened on 25 March
1897 (sic). The invitations to the meeting were signed by
Secretary Jacinto Lumbreras of the Magdiwang Council, and he
presided over the assembly. Seated with Lumbreras at the long
Presidential table were the Supremo Andres Bonifacio, Messrs.
Mariano M. Alvarez, Pascual Alvarez, Ariston Villanueva,
Mariano C. Trias, Diego Mojica. Emiliano R. de Dios, Santiago
V. Alvarez, Artemio Ricarte. Santos Nocon, Luciano San Miguel,
Severio de las Alas, and Santiago Rillo, all of them of the
Magdiwang. Among the Magdalo seated at the head table were
Mssrs. Baldomero-Acumaldo,Daniel Tirona, and Cayetano
Topacio.
It must be mentioned that before the assembly was convened,
Secretary of War Ariston Villanueva of the Magdiwang Council
received the confidential information that Mr. Daniel Tirona of
the Magdalo faction us set to undermine the proceedings of the
assembly and that he had already acceded in enjoining any
among the Magdiwang leaders to ally with him, Secretary
Villanueva kept silent, but nevertheless alerted Captain General
Apoy, who had troops in readiness for any sudden eventuality.
The leaders were seated at the presidential table, as previously
described and all the others were standing in groups on both
sides of those seated After Chairman Jacinto Lumbreras had
declared the assembly open, he announced the main topic of
discussion which was how to bolster the defense in the areas
still under Magdiwang control. Presently, Me. Severino de las
Alas rose to speak, and then he was recognized, he said,
*Before we discuss minor details, let us first tackle the major
issue such as what kind of government we should have and
how we should go about establishing it. Once we make a
décision about these questions, the problem of organization and
strengthening of defenses will be resolved.”
*As initiator of the Revolution," Chairman Lumbreras relied"the
Katipunan now held authority over the islands. It has a
government of law and a definite program. It is obeyed and
respected by all because it stands for freedom, brotherly love,
and a well-organized and well-run government.
The chair next recognized the Supremo. He concurred with
what Chairman L umbreras had just said and explained that the
"K* in the middle of the sun, the Katipunan flag used in the
Revolution stood for "Kalayaan.” Mr. Severino de las Alas spoke
again. He concurred that the letter "K" and the sun on the flag
did not indicate whether the revolutionary government was
democratic or not.
The Supremo replied that from the rank-and-file to the highest
levels, the Katipuman was united in its respect for universal
brotherhood and equality of men. It was risking bloodshed and
life itself in its struggle against the king, in order to establish a
sovereign and free government. In short, It stood for people's
sovereignty, not a government led only by one or two.
Mr. Montenegro spoke in defense of Mr. Severio de las Alas's
stand. He argued that if they would agree on the kind of
revolutionary government they were to have and that if they
were to let the status quo prevail then they who were in the
Revolution would be no better than a pack of bandits or of wild,
mindless animals.
General Apoy was hurt by these words of Mr. Montenegro. He
quickly stood up and looked angrily at the previous speaker.
"We of the Katipunan,” he began, "are under the jurisdiction of
our respected Highest Council of the Sons of the People. This
Council is the defender of and has authority over, the
Magdiwang and Magdalo governments of Cavite. We are true
revolutionaries fighting for freedom of the native land. We are
not bandits who rob others of their property and wealth Nor
should be likened to beasts. for we now how to protect and
defend others, especially the political refugees who seek
asylum with us. We are rational and we do »ot expose those
who talk big but do not accomplish anything. If you scant to
establish a different kind of government that is to your liking.
you must do as we have done: Go back to your localities and
snatch them from Spanish control. Then you can do what
pleases you; but don't you dare seek refuge among cowards
who might call you bandits and beasts.”
When order was restored, some wanted the convention
adjourned but the Supremo Bonifacio prevailed upon the others
to continue. However, the presiding officer, Mr. Lumbreras,
refused to resume his role of chairman. He wanted to yield the
chair to the Supremo whom he thought to be the rightful
chairman…
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Mr. Lumbrerass' speech was well received and his proposal
was unanimously accepted. The Supremo Bonifacio assumed
the chairmanship accordingly and said, "Your aim is to establish
a new overall government of the Katipinunan and the Sons of
the People. This would repudiate the decision made at the
meeting held at the friar estate house in Imus. In my capacity as
"President-Supremo" of the Most Venerable Katipunan of the
Sons of the People, I agree and empathize with your
aspirations. But I wish to remind you that we should respect all
decisions properly discussed and approved in all our meetings.
We should respect and abide by the wishes of the majority.
Because of a repeated clamor for the approval for the
establishment of a government of the Philippine Republic,
The chair proceeded to prepare for an election to the followiNg
positions: president, vice-president, minister of finance, minister
of warfare, minister Of justice, and captain-general.
The Supremo spoke again before the election began. He said
that the candidate who would get the most number of votes for
each position should be the winner. no matter what his station in
life or his educational attainment…
The Supremo Bonifacio appointed Gen. Artemio Ricarte as
secretary. Then, with the help of Mr. Daniel Tirona. he
distributed pieces of paper to serve as ballots. When the ballots
had been collected and votes were ready to be canvassed, Mr.
Diego Mojica, the Magdiwang secretary of the treasury, warned
the Supremo that many ballots distributed were already filled
out and that the voters had not done this themselves. The
Supremo ignored this remark, He proceeded with the business
at hand as if nothing unusual had happened. When the votes for
president were counted, Mr. Emilio Aguinaldo won over Mr.
Andres Bonifacio, the Supremo.
The winner was acclaimed by applause and shouts o
f"Mabuhay!"
Mr. Severino de las Alas spoke again to say that since
theSupremo Bonifacio had received the second highest number
of votes for the presidency, he should be proclaimed
vice-president of the government of the Philippine Republic.
When nobody signified approval or disapproval of the proposal,
the presiding officer, the Supremo Bonifacio, ruled that the
election be continued. For vice-president, Mariano Trias won
over Mr. Mariano Alvarez and the Supremo Bonifacio. General
Vibora was elected captain over General Apoy.
Mr. Baldmero Aguinaldo wanted the elections to be finished
before it got too dark. To facilitate the counting of votes, he
suggested that all other positions be voted upon. voters should
stand on one side of the hall if in favor and on the other side if
against. This suggestion was adopted for the rest of the
election. For the position of secretary of war, Mr. Emiliano R. de
Dios was elected overwhelmingly... After the voters had given
the proper honors to the new secretary of war, they proceeded
to elect the secretary of the interior. Mr. Andres Bonifacio, the
Supremo, won over Mr. Mariano Alvarez. The crowd broke into
shouts of "Mabuhay!" Mr. Daniel Tirona requested for a
restoration of order and then spoke aloud:
"My brethren, the office of Secretary of Interior is so great a
scope and of such sensitivity that we should not entrust it to one
who is not a lawyer. One among us here is a lawyer. He is Mr.
Jose del Rosario. Let us reconsider the choice of the last
position, for he has no credentials to show attesting to any
educational attainment.
Then in a loud voice as he could muster, Tirona shouted, "Let
us elect Mr. Jose del Rosario, the lawyer!"
Greatly embarrassed, the Supremo Bonifacio quickly stood up
and said. “We agreed to abide by the majority vote and accept
its choice no matter what the station in life of the person
elected. And because of this, I demand from you, Mr. Daniel
Tiroma, an apology. You must restore to the voters and the one
they elected the honor you have only now besmirched.
Then he pulled out his revolver and took aim.
Instead of replying, Mr. Tirona ignored the Supremo’s remarks
and, perhaps because of fear, he slid away and gott lost in the
crowd. Disorder ensued as the convention secretary tried to
disarm the Supremo, who was intent on shooting Mr. Tirona.
The people began to disperse and the Supremo adjourned the
meeting with these words: "In my capacity as chairman of this
convention and as President-Supremo of the Most Venerable
Katipuman of the Sons of the People which association is
known and acknowledged by all, I hereby declare null and void
all matters approved in this meeting.
Then he left quickly and was followed by his aides and some
others present.
The Magdalo And Magdiwang Factions Of The
Katipunan
TWO OF THE MAJOR KATIPUNAN FACTIONS IN CAVITE
MAGDIWANG ● started by Mariano Álvarez, related by
marriage to Andrés Bonifacio
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ADAPTED FROM: E-BOOK
● has control over a larger number of
towns and municipalities in Cavite
● was acknowledged "as the supreme
organ responsible for the successful
campaigns against the enemy" within
Cavite.
MAGDALO ● led by Baldomero Aguinaldo, the cousin
of Emilio Aguinaldo
● named after Mary Magdalene, patroness
of Kawit, Cavite
● has control over 8 towns in Cavite
IMUS ASSEMBLY
● The assembly was held on December 31, 1896 at
Imus, Cavite - the day after the execution of Dr. Jose
Rizal, and was presided by Supremo Andres Bonifacio.
● Magdiwang (Bonifacio) and Magdalo (Aguinaldo)
leaders met to discuss how to settle differences in
revolutionary struggle in order to end the rivalry
between two factions of the Katipunan.
● The issue of whether the current Katipunan
Government should be replaced by a revolutionary
government was brought up by the Magdalo faction.
o Magdalo supported the idea of having a
revolutionary government
o Magdiwang favored the old Katipunan
government
● A Magdalo engineer and general named Edilberto
Evangelista submitted a draft of a constitution.
o Bonifacio ignored the constitution since the
Katipunan already had its own laws.
KATIPUNAN GOVERNMENT
1. To advocate complete independence from Spain, to be
achieved through armed struggle.
2. To take back lands, gold, personal savings, personal
properties confiscated by the church and Spanish
Cortes from the poor masses. They also saw it as their
personal responsibility to help the poor, the oppressed
and to teach them good manners, hygiene and morality.
3. To dismiss the elite society and social classes, instead
create an equal social status.
● Bonifacio said that the drafted constitution was too
similar, and found it plagiarized from the Spanish
"Maura Law" - the same law that laid the basic
foundations for Spanish Municipal Government in the
Philippines.
● The Maura Law established tribunales, municipales y
juntas provinciales. These were later adopted, revised
and strictly followed by the American and Filipino
governments that succeeded Spanish rule in the
country.
● Evangelista's constitution contradicts the objectives of
the Katipunan Government; Liberty, Equality,
Fraternity.
contention at the assembly was exacerbated by Aguinaldo
proposing Evangelista as President of the revolutionary
government on the basis that he was the best educated.
The meeting in imus, however, failed to have a firm resolution,
thus, the Tejeros Convention happened on March of 1897.
Events of the Tejeros Convention
The First Meeting of Tejeros
(According to Artemio Ricarte's Account)
an excerpt from his memoirs "Apuntes Historicos de la
Insurreccion por los Asociados al Kamahalmahala't
Kataastaasang Katipunan nang mga Anak ng Bayan contra el
Gobierno Espanol en las Islas Filipinas."
On March 22, 1897, the Magdiwang and Magdalo councils met
once more at the friar estate house in Tejeros, which is a barrio
of San Francisco de Malabon.
According to Jacinto Lumbreras, a Magdiwang and the first
presiding officer of the Tejeros Convention, the meeting had
been called to adopt measures for the defense of Cavite.
● Severino de las Alas said that before discussing the
defense of a small piece of territory in Cavite, they
must consider first the kind of government then
existing in the country.
o Bonifacio went on to explain the significance
of the letter "K" in the center of the sun on the
flag which stands for liberty.
o De las Alas responded that neither the letter
"K" nor the flag itself has anything to do with
the character of the government then existing.
Antonio Montenegro rose in support of the
latter's statement which wounded the pride of
Santiago Alvarez.
● The leaders and Magdiwangs then decided to elect the
officers of the Revolutionary Government, thus,
unceremoniously discarding the Supreme Council of
the Katipunan under whose standards the Filipino
people had been fighting for and would continue to
fight.
● Bonifacio presided over the election as Chairman of
the convention. He secured the unanimous approval of
the assembly that the decisions would not be
questioned, and the winners be respected regardless
of their stations in life or educational attainment.
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RESULTS OF THE ELECTION
● President: Emilio Aguinaldo
● Vice President: Mariano Trias
● Captain-General: Artemio Ricarte
● Director of War: Emiliano Riego de Dios
● Director of Interior: Andres Bonifacio
Emilio Aguinaldo had been awarded the highest prize of the
Revolution on his own birth anniversary although he was not
present because of being busy at a military front in Pasong
Santol, a barrio of Imus.
As for Bonifacio, the death-blow to the Katipunan Government
and his election as a mere Director of the Interior showed that
he had been maneuvered out of power. Even other members of
the Magdiwang faction, who were supposed to be his
supporters, did not vote for him either for President or Vice
President.
● Evidently, the Caviteño elite could not accept an
"uneducated" man, and a non-Caviteño.
● Bonifacio accepted his position, but was insulted when
Daniel Tirona objected.
○ He said that the post should not be occupied
by a person without a lawyer's diploma. He
suggested a Caviteño lawyer, Jose del
Rosario for the position.
● Bonifacio declared the proceedings of the Tejeros
Convention null and void.
○ "I, as chairman of this assembly and as
President of the Supreme Council of the
Katipunan, as all of you do not deny,
declare this assembly dissolved and I
annul all that has been approved and
resolved."
The Second Meeting of Tejeros
Aguinaldo, who was at Pasong Santol, a barrio of Dasmariñas,
was notified the following day of his election to the Presidency.
At first, he refused to leave his men who were preparing to fight
the enemy. However, his elder brother, Crispulo Aguinaldo,
persuaded him to take the oath of office, promising to take his
stead and would not allow the enemy to overrun the place
without dying in its defense.
Aguinaldo then acceded to his brother's request and proceeded
to Santa Cruz del Malabon where he and the others elected on
March 22 took their oath of office with the exception of
Bonifacio.
Meanwhile, Bonifacio and his men, numbering forty-five, met
again at the estate-house of Tejeros on March 23. They
believed that anomalies were committed during the balloting.
CONVINCED THAT THE ELECTION HELD AS INVALID,
THEY DREW UP A DOCUMENT, NOW CALLED THE
ACTA DE TEJEROS.
ACTA DE ● A document prepared by Bonifacio & his
TEJEROS supporters on March 23, 1897 which
proclaimed the events at the Tejeros
Convention on March 22 to have been
"disorderly and tarnished by chicanery."
● Signatories to this petition rejected the
insurgent government instituted at the
convention and affirmed their steadfast
devotion to the ideals of the Katipunan.
From Tejeros, Bonifacio and his men
proceeded to Naik in order to be as far as
possible from Magdalo men. But Aguinaldo,
wanting to bring back Bonifacio to the fold,
sent a delegation to persuade him to
cooperate with the newly constituted
government. However, Bonifacio refused to
return to the revolutionary fold headed by
Aguinaldo.
NAIK ● A document prepared on April 18, 1897 in
MILITARY which a number of participants in the
AGREEME Tejeros Convention repudiated the
NT convention results.
They drew up this document in which they
resolved to establish a government
independent of, and separate from, that
established at Tejeros. An army was to be
organized "by persuasion or force" and a
military commander of their own choice was to
take command of it.
The document posed a potential danger to the
cause of the Revolution, for it meant definite
split in the ranks of the revolutionists and an
almost certain defeat in the face of a united
and well-armed enemy.
The Death of Bonifacio
On May 10, 1897, Andres and Procopio were put to death; their
brother Ciriaco was killed in Limbon by the Magdalo forces who
had stormed the Bonifacio camp with guns blazing to take
Andres Bonifacio, dead or alive; it was preferred that Bonifacio
be taken without a struggle. Despite being shot in the shoulder
and stabbed in the neck, Bonifacio managed to survive. A
military court convicted him and executed him for treason after
sending him to Maragondon.
LAZARO MACAPAGAL
● led the group that executed Andres Bonifacio on the
10th of May 1897 on the directives of the Council of
War, which had sentenced the Bonifacio brothers to
death
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● may be biased or incorrect in his statements about
what happened three decades ago, but he is the only
eyewitness to ever see Bonifacio in his final moments.
The brothers were declared responsible for treason against the
Katipunan's successor, the Revolutionary Government, which
had just been established.
The account of Lazaro Makapagal was preserved in the
Veteranos de la Revolucion Archives, translated from the
original Spanish or Tagalog.
“I received orders from General Mariano Noriel, to take over
Andres Bonifacio and Procopio Bonifacio from the place where
they were detained [Maragondon], and to conduct them to the
hill of Tala in Maragondon, Cavite. General Noriel handed to me
at the same time a sealed package with orders that it be not
opened until we reached the place mentioned. I was charged to
follow to the letter, the instructions contained within the
package.”
back. After digging one more grave with our bayonets and bolos
we buried Andres in it.
“Procopio and Andres were not taken to Tala hill bound, but
free. Andres had only one wound, in one of his arms. From the
top of the hill where Procopio was buried to the grave of Andres,
on a hill slope facing a rivulet, there were only twenty-five steps;
while from Andres’ grave to the brook the distance was about
five brazas.
“The brothers were buried in the morning. This was before the
fighting with the Spaniards took place, when they captured
Maragondon
“Andres Bonifacio wore a white camisa de chino on the day of
his execution. The gun used was a Remington. The four
soldiers who accompanied us were natives of Kawit, and they
are all dead. I am the only survivor of the occurrence.”

“In compliance with these orders I took with me the two brothers BRIEF SUMMARY OF EVENTS
to the place mentioned, together with four soldiers, under my
TEJEROS CONVENTION BONIFACIO'S DEATH
command. On the road, we conversed as if we were friends. But
I already had a presentment of the order contained within the ● a meeting held on ● Aguinaldo ordered
parcel.” March 22, 1897, Bonifacio's arrest before
between Katipunan he could leave Cavite, and
“In compliance with these orders I took with me the two brothers factions of Magdiwang dispatched a force to
to the place mentioned, together with four soldiers, under my and Magdalo in San Bonifacio's camp at
command. On the road, we conversedas if we were friends. Francisco de Malabon, Indang.
Cavite that resulted in ● Bonifacio was arrested
But I already had a presentiment of the order contained the creation of a new along with his brother
within the parcel. revolutionary Procopio early the next
government that took day.
“On reaching Tala hill in Maragondon. I opened the order, read charge of the Philippine ● In the resulting exchange
it, and then let the brothers read it. It was an order for the Revolution, replacing of gunfire and scuffles,
execution of the brothers. The two brothers were terror-stricken; the Katipunan. despite Bonifacio was
Andres told me in Tagalog: ‘Patawarin ninyo ako kapatid.’ ● The outcome was a wounded and his other
[Brother, forgive me.] I answered that I was very sorry, but by decision that the sibling, Ciriaco, was killed.
Katipunan should be Andres and Procopio were
military discipline, I had to carry out the unhappy task. dissolved and a tried on charges of treason
“I conducted Procopio, who was stronger, to a wooded place, revolutionary by members of the war
government established. council of Aguinaldo's
and on reaching the top of the hill, I ordered one of the soldiers Elections were held for government.
to shoot him in the back. This done, I and the soldiers, using its officers: Emilio ● On May 10, 1897, the
bayonets and bolos, dug a pit where we buried Procopio. Aguinaldo was elected brothers were executed.
President and Andres
“When I approached the place where Andres was, he said, Bonifacio, the former
‘Patay na ang kapatid ko’ [My brother is dead], and he added leader of the Katipunan,
[again in the third person], ‘Patawarin ninyo ako kapatid.’ I was elected Director of
replied that I was sorry but it was my military duty to follow the the Interior.
order. ● Initially, Bonifacio
accepted his position,
“Andres Bonifacio tried to escape, but he could not go far but was insulted when
because of the thick shrubbery around. One of the soldiers Daniel Tirona objected.
reached him, firing at him from behind and shooting him in the Bonifacio declared the
proceedings of the
Tejeros Convention null

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ADAPTED FROM: E-BOOK

● promulgated by the Philippine Revolutionary

and void and Government by Isabelo Artacho and Felix Ferrer in
established a new Spanish, and later on, translated into Tagalog.
government. This was ● was never fully implemented, since a truce, the Pact
seen as an act of of Biak-na-Bato, was signed between the Spanish and
treason by the others the Philippine Revolutionary Army.
and Bonifacio was
charged with refusing to
recognize the newly THE ORGANS OF THE GOVERNMENT UNDER THE
established CONSTITUTION
Revolutionary
Government. He was 4. Supreme Council
arrested and sentenced
to death in Maragondon, ● vested with the power of the Republic
Cavite. ● headed by the president and four department
secretaries; the interior, foreign affairs, treasury, and
war
BRIEF POLITICAL HISTORY OF THE PHILIPPINES
5. Consejo Supremo de Gracia Y Justicia (Supreme
PHILIPPINE CONSTITUTIONS: REVOLUTIONARY Council of Grace and Justice)
ERA TO POST-EDSA PERIOD (1896-1986)
● given the authority to make decisions and affirm or
disprove the sentences rendered by other courts
Module IV. Social, Political, Economic & ● dictate rules for the administration of justice
Cultural Issues in Philippine History 6. Assamblea de Representates (Assembly of the
Representatives)
Evolution of the Philippine Constitution
● convened after the revolution to create a new
THE CONSTITUTION Constitution and to elect a new Council of
● set of fundamental principles/established precedents Government and Representatives of the people.
according to which a state or other organization is
governed
Primary source: Preamble of the Biak-na-bato
● the word itself = a part of a whole, the coming together
of distinct entities into one group, with the same
principles & ideas The separation of the Philippines from the Spanish monarchy
o these principles define - nature & extent of and their formation into an independent state with its own
government called the Philippine Republic has been the end
government
sought by the Revolution in the existing war, begun on the 24th
of August, 1896; and, therefore, in its name and by the power
THE CONSTITUTION OF THE PHILIPPINES
delegated by the Filipino people, interpreting faithfully their
● supreme law of the Republic of the PH desires and ambitions, we the representatives of the Revolution,
● has been in effect since 1987 in a meeting at Biak-na-bato, November 1, 1897, unanimously
adopted the following articles for the constitution of the State.
3 OTHER CONSTITUTIONS EFFECTIVELY GOVERNED
THE COUNTRY 1899: MALOLOS CONSTITUTION

● 1935 Commonwealth Constitution
● 1973 Constitution
● 1986 Freedom Constitution
However, there were earlier constitutions attempted by
Filipinos in the struggle to break free from the colonial yoke
1897 CONSTITUTION OF BIAK-NA-BATO
THE CONSTITUTION OF BIAK-NA-BATO
● provisionary Constitution of the Philippine Republic
during the Philippine Revolution
After the signing of the truce, the Filipino revolutionary leaders
accepted a payment from Spain and went to exile in Hong
Kong. Upon the defeat of the Spanish to the Americans in the
Battle of Manila Bay on May 1, 1898, the United States Navy
transported Aguinaldo back to the Philippines. The newly
re-formed Philippine revolutionary forces reverted to the control
of Aguinaldo, and the Philippine Declaration of Independence
was issued on June 12, 1898, together with several decrees
that formed the First Philippine Republic. The Malolos Congress
was elected, which selected a commission to draw up a draft
constitution on September 17, 1898, which was composed of
wealthy and educated men.

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The document they came up with, approved by the Congress on
November 29, 1898 and promulgated by Aguinaldo on January
21, 1899, was titled “The Political Constitution of 1899” and was
written in Spanish. The constitution has thirty-nine articles
divided into fourteen titles, with eight, articles of transitory
provisions, and a final additional article.
The document was patterned after the Spanish Constitution of
1812, with influences from Belgium, Mexico, Brazil, Nicaragua,
Costa Rica and Guatemala, and the French Constitution of
1793. According to Felipe Calderon, main author of the
constitution, these were studied because these countries
shared similar social, political, ethnological, and governance
conditions with the Philippines. Prior constitutional projects in
the Philippines also influenced the Malolos Constitution,
namely:
Kartilya and the Sangguniang-Hukuman, the charter of laws and
morals of the Katipunan written by Emilio Jacinto in 1896; The
Biak-na-Bato Constitution of 1897 planned by Isabelo Artacho;
Mabini’s Constitutional Program of the Philippines Republic of
1898; The provisional constitution of Mariano Ponce in 1898
that followed the Spanish constitution; And the autonomy
projects of Paterno in 1898.
The Primary source of the Preamble of the political
constitution of 1899 states that,
We, the Representatives of the Filipino People, lawfully
convened, in order to establish justice, provide for common
defense, promote the general welfare and insure the benefits of
liberty, imploring the aid of the Sovereign Legislator of the
Universe for the attainment of these ends, have voted, decreed,
and sanctioned the following political constitution.
As a direct challenge to colonial authorities of the Spanish
empire, the sovereignty was retroverted to the people, a legal
principle underlying the Philippine Revolution. The people
delegate governmental functions to civil servants while they
retain actual sovereignty.
The 27 articles of Title 4 detail the natural rights and popular
sovereignty of Filipinos, the enumeration of which does not
imply the prohibition of any other rights not expressly stated.
Title 3, Article 5 also declares that the State recognizes the
freedom and equality of all beliefs, as well as the separation of
Church and State. These are direct reactions to features of the
Spanish government in the Philippines, where the friars were
dominant agents of the state.
The form of government according to Title 2, Article 4 is to be
popular, representative, alternative, and responsible, and shall
exercise three distinct powers, namely: legislative, executive,
and judicial.
The legislative power was vested in a unicameral body called
the Assembly of Representatives, members of which are
elected for terms of four years.
Secretaries of the government were given seats in the
assembly, which meets annually for a period of at least three
months.
Bills could be introduced either by the president or by a member
of the assembly. Some powers not legislative in nature were
also given to the body, such as:
● The Right to select its own officers
● The Right of censure and interpellation
● And the Right of impeaching the president, cabinet
members, the chief justice of the Supreme Court, and
the solicitor general.
A permanent commission of seven, elected by the assembly,
and granted specific powers by the constitution, was to sit
during the intervals between sessions of the assembly.
Executive power was vested in the President, and elected by a
constituent assembly of the Assembly of Representatives and
special representatives. The president will serve a term of
four years without re-election. There was no vice president, and
in case of a vacancy, a president was to be selected by the
constituent assembly
The 1899 Malolos Constitution was never enforced due to the
ongoing war. The Philippines was effectively a territory of the
United States upon the signing of the Treaty of Paris between
Spain and the United States, transferring sovereignty of the
Philippines on December 10, 1898.
1935: THE COMMONWEALTH CONSTITUTION
It is worth mentioning that after the Treaty of Paris, the
Philippines was subject to the power of the United States of
America, effectively the new colonizers of the country. From
1898 to 1901, the Philippines will be placed under a military
government, until a civil government will be put into place.
Two acts of the United States Congress were passed that may
be considered to have qualities of constitutionality. First is the
Philippine Organic Act of 1902, the first organic law for the
Philippine Islands that provided for the creation of a popularly
elected Philippine Assembly, and specified that legislative
power would be vested in a bicameral legislature composed of
the Philippine Commission as the upper house, and the
Philippine Assembly as lower house. Key provisions of the Act
included a bill of rights for Filipinos and the appointment of two
non-voting Filipino Resident Commissioners of the Philippines
as representatives to the United States House of
Representatives. The second Act that functioned as a
constitution is the Philippine Autonomy Act of 1916, commonly
referred to as "Jones Law," which modified the structure of the
Philippine government through the removal of the Philippine
Commission, replacing it with a Senate that served as the upper
house and its members elected by the Filipino voters, the first
truly elected national legislature. It was also in this Act that
explicitly declared the purpose of the United States to end their
sovereignty over the Philippines and recognize Philippine
independence as soon as a stable government can be
established.
In 1932, with the efforts of the Filipino independence mission
led by Sergio Osmeña and Manuel Roxas, the United States
Congress passed the Hare-Hawes Cutting Act with the premise
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of granting Filipinos independence. The bill was opposed by the
Senate President Manuel L. Quezon and consequently, rejected
by the Philippine Senate
By 1934, another law, the Tydings-McDuffie Act, also known as
the Philippine Independence Act, was passed by the United
States Congress that provided authority and defined
mechanisms for the establishment of a formal constitution by a
constitutional convention. The members of the convention were
elected and held their first meeting on 30 July 1934, with Claro
M. Recto unanimously elected as president.
The constitution was crafted to meet the approval of the United
States government, and to ensure that the US would live up to
its promise to grant independence to the Philippines.
Primary Source: Preamble of the 1935
Commonwealth
The Filipino people, imploring the aid of Divine Providence, in
order to establish a government that shall embody their ideals,
conserve and develop the patrimony of the nation, promote the
general welfare, and secure to themselves and their posterity
the blessings of independence under a regime of justice, liberty,
and democracy, do ordain and promulgate this constitution.
The constitution created the Commonwealth of the Philippines,
an administrative body that governed the Philippines from 1935
to 1946. It is a transitional administration to prepare the country
toward its full achievement of independence. It originally
provided for a unicameral National Assembly with a president
and vice president elected to a six year term without re-election.
It was amended in 1940 to have a bicameral Congress
composed of a Senate and a House of Representatives, as well
as the creation of an independent electoral commission, and
limited the term of office of the president and vice president to
four years, with one re-election. Rights to suffrage was originally
afforded to male citizens of the Philippines who are twenty-one
years of age or over and are able to read and write; this was
later on extended to women within two years after the adoption
of the constitution.
While the dominant influence in the constitution was American,
it also bears traces of the Malolos Constitution, the German,
Spanish. Mexican constitutions, constitutions of several South
American countries, and the unwritten English Constitution.
The draft of the constitution was approved by the constitutional
convention on 8 February 1935 and ratified by then US
President Franklin D. Roosevelt on 25 March 1935. Elections
were held in September 1935 and Manuel L. Quezon was
elected President of the Commonwealth.
The Commonwealth was briefly interrupted by the events of
World War II, with the Japanese occupying the Philippines.
Afterward, upon liberation, the Philippines was declared an
independent republic on 4 July 1946.
1973: Constitutional Authoritarianism
In 1965, Ferdinand E. Marcos was elected president, and in
1967, Philippine Congress passed a resolution calling for a
constitutional convention to change the 1935 Constitution.
Marcos won the re-election in 1969, in a bid boosted by
campaign overspending and use of government funds.
Elections of the delegates to the constitutional convention were
held on 20 November 1970, and the convention began formally
on 1 June 1971, with former President Carlos P. Garcia being
elected as convention president. Unfortunately, he died, and
was succeeded by another former president. Diosdado
Macapagal.
Before the convention finished its work, martial law was
declared. Marcos cited a growing communist insurgency as
reason for the martial law, which was provided for in the 1935
Constitution. Some delegates of the ongoing constitutional
convention were placed behind bars and others went into hiding
or voluntary exile. With Marcos as dictator, the direction of the
convention turned, with accounts that the president himself
dictated some provisions of the constitution, manipulating the
document to be able to hold on to power for as long as he
could. On 29 November 1972, the convention approved its
proposed constitution.
The constitution was supposed to introduce a
parliamentary-style government, where legislative power was
vested in a unicameral National Assembly, with members being
elected to a term of six years. The president was to be elected
as the symbolic and ceremonial head of state chosen from the
members of the National Assembly. The president would serve
a six-year term and could be re-elected to an unlimited number
of terms. Executive power is relegated to the Prime Minister,
who is also the head of government and Commander-in-Chief of
the Armed Forces who was also to be elected from the National
Assembly.
President Marcos issued Presidential Decree No. 73 setting the
date of the plebiscite to ratify or reject the proposed constitution
on 30 November 1973. This plebiscite was postponed later on,
since Marcos feared that the public might vote to reject the
constitution. Instead of a plebiscite, Citizen Assemblies were
held. from 10-15 January 1973, where the citizens, coming
together and voting by hand, decided on whether to ratify the
constitution, suspend the convening of the Interim National
Assembly, continue martial law, and place a moratorium on
elections for a period of at least several years. The President,
on 17 January 1973, issued a proclamation announcing that the
proposed constitution had been ratified by an overwhelming
vote of the members of the highly irregular Citizen Assemblies.
The constitution was amended several times. In 1976, Citizen
Assemblies, once again, overwhelming decided to allow the
continuation of martial law, as well as approved the
amendments: an Interim Batasang Pambansa to substitute for
the Interim National Assembly, the president to also become the
Prime Minister and continue to exercise legislative powers until
martial law is lifted and authorized the President to legislate on
his own on an emergency basis. An overwhelming majority will
ratify further amendments succeedingly. In 1980, the retirement
age of members of the judiciary was extended to 70 years. In
1981, the parliamentary system was formally modified to a
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French-style, semi-presidential system where executive power
was restored to the president, who was, once again, to be
directly elected; an Executive Committee was to be created,
composed of the Prime Minister and fourteen others, that
served as the president's Cabinet; and some electoral reforms
were instituted. In 1984, the Executive Committee was
abolished and the position of the vice president was restored.
After all the amendments introduced, the 1973 Constitution was
merely a way for the President to keep executive powers,
abolish the Senate, and, by no means, never acted as a
parliamentary system, but instead. functioned as an
authoritarian presidential system, with all the real power
concentrated in the hands of the president, with the backing of
the constitution.
The situation in the 1980s has been very turbulent. As Marcos
amassed power, discontent has also been burgeoning. The tide
turned swiftly when in August 1983, Benigno Aquino Jr.,
opposition leader and regarded as the most credible alternative
to President Marcos, was assassinated while under military
escort immediately after his return from exile in the United
States. There was widespread suspicion that the orders to
assassinate Aquino came from the top levels of the government
and the military. This event caused the coming together of the
non-violent opposition to the Marcos authoritarian regime.
Marcos was then forced to hold "snap" elections a year early,
and said elections were marred by widespread fraud. Marcos
declared himself winner, despite international condemnation
and nationwide protests. A small group of military rebels
attempted to stage a coup, but failed; however, this triggered
what came to be known as the EDSA People Power Revolution
of 1896, as people from all walks of life spilled onto the streets.
Under pressure from the United States of America, who used to
support Marcos and his martial law, the Marcos family fled into
exile. His opponent in the snap elections, Benigno Aquino Jr.'s
widow, Corazon Aquino, was installed as president on 25
February 1986.
1987: Constitution After Martial Law
President Corazon Aquino's government had three options
regarding the constitution: revert to the 1935 Constitution, retain
the 1973 Constitution and be granted the power to make
reforms, or start anew and break from the "vestiges of a
disgraced dictatorship." They decided to make a new
constitution that, according to the president herself, should be
"truly reflective of the aspirations and ideals of the Filipino
people."
In March 1986, President Aquino proclaimed a transitional
constitution to last for a year while a Constitutional Commission
drafted a permanent constitution. This transitional constitution,
called the Freedom Constitution. maintained many provisions of
the old one, including in rewritten form the presidential right to
rule by decree. In 1986, a constitutional convention was
created, composed of 48 members appointed by President
Aquino from varied backgrounds and representations. The
convention drew up a permanent constitution, largely restoring
the set-up abolished by Marcos in 1972, but with new ways to
keep the president in check, a reaction to the experience of
Marcos rule. The new constitution was officially adopted on 2
February 1987.
The Constitution begins with a preamble, and eighteen
self-contained articles. It established the Philippines as a
"democratic republican State" where "sovereignty resides in the
people and all government authority emanates from them." It
allocates governmental powers among the executive,
legislative, and judicial branches of the government.
The Executive branch is headed by the president and his
cabinet, whom he appoints. The president is the head of the
state and the chief executive, but his power is limited by
significant checks from the two other co-equal branches of
government, especially during times of emergency. This is put in
place to safeguard the country from the experience of martial
law despotism during the presidency of Marcos. In cases of
national emergency, the president may still declare martial law,
but not longer than a period of sixty days. Congress, through a
majority vote, can revoke this decision, or extend it for a period
that they determine. The Supreme Court may also review the
declaration of martial law and decide if there were sufficient
justifying facts for the act. The president and the vice president
are elected at large by a direct vote, serving a single six-year
term.
The legislative power resides in a Congress divided into two
Houses: the Senate and the House of Representatives. The 24
senators are elected at large by popular vote, and can serve no
more than two consecutive six year terms. The House is
composed of district representatives representing a particular
geographic area, and make up around 80% of the total number
of representatives. There are 234 legislative districts in the
Philippines that elect their representatives to serve three year
terms. The 1987 Constitution created a party-list system to
provide spaces for the participation of under represented
community sectors or groups. Party-list representatives may fill
up not more than 20% of the seats in the House.
Aside from the exclusive power of legislation, Congress may
also declare war, through a two-thirds vote in both upper and
lower houses. But the power of legislation, however, is also
subject to an executive check, as the president retains the
power to veto or stop a bill from becoming a law. Congress may
only override this power with a two-thirds vote in both houses.
The Philippine Court system is vested with the power of the
judiciary. and is composed of a Supreme Court and lower courts
as created by law. The Supreme Court is a 15-member court
appointed by the president without the need to be confirmed by
Congress. The appointment the president makes, however, is
limited to a list of nominees provided by a constitutionally
specified Judicial and Bar Council. The Supreme Court Justices
must hear, on appeal, any cases dealing with the
constitutionality of any law, treaty, or decree of the government,
cases where questions of jurisdiction or judicial error are
concerned, or cases where the penalty is sufficiently grave. It
may also exercise original jurisdiction over cases involving
government or international officials. The Supreme Court also is
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charged with overseeing the functioning and administration of
the lower courts and their personnel.
The Constitution also established three independent
Constitutional Commissions, namely: the Civil Service
Commission, a central agency in charge of government
personnel; the Commission on Elections, mandated to enforce
and administer all election laws and regulations; and the
Commission on Audit, which examines all funds, transactions,
and property accounts of the government and its agencies.
To further promote the ethical and lawful conduct of the
government, the Office of the Ombudsman was created to
investigate complaints that pertain to public corruption, unlawful
behavior of public officials, and other public misconduct. The
Ombudsman can charge public officials before the
Sandiganbayan, a special court created for this purpose.
Only the House of Representatives can initiate the
impeachment of the president, members of the Supreme Court,
and other constitutionally protected public officials such as the
Ombudsman. The Senate will then try the impeachment case.
This is another safeguard to promote moral and ethical conduct
in the government.
Attempts to Amend or Change the 1987 Constitution
The 1987 Constitution provides for three ways by which the
Constitution can be amended, all requiring ratification by a
majority vote in a national referendum. These modes are a
Constituent Assembly, a People's Initiative. or a Constitutional
Convention. Using these modes, there were efforts to amend or
change the 1987 Constitution, starting with the presidency of
Fidel V. Ramos who succeeded Corazon Aquino. The first
attempt was in 1995, when then Secretary of National Security
Council Jose Almonte drafted a constitution, but it was exposed
to the media and it never prospered. The second effort
happened in 1997, when a group called PIRMA, hoped to
gather signatures from voters to change the constitution through
a people's initiative. Many were against this, including then
Senator Miriam Defensor Santiago, who brought the issue to
court and won-with the Supreme Court judging that a people's
initiative cannot push through without an enabling law.
The succeeding president, Joseph Ejercito Estrada, formed a
study commission to investigate the issues surrounding charter
change focusing on the economic and judiciary provisions of the
constitution. This effort was also blocked by different entities.
After President Estrada was replaced by another People Power
and succeeded by his Vice-President, Gloria Macapagal Arroyo,
then House Speaker Jose de Venecia endorsed constitutional
change through a Constituent Assembly, which entails a
two-thirds vote of the House to propose amendments or revision
to the Constitution. This initiative was also not successful, since
the term of President Arroyo was mired in controversy and
scandal, including the possibility of Arroyo extending her term
as president, which the Constitution does not allow.
The administration of the succeeding president, Benigno Aquino
III. had no marked interest in charter change, except those
emanating from different members of Congress, including the
Speaker of the House, Feliciano Belmonte Jr., who attempted to
introduce amendments to the Constitution that concern
economic provisions that aim toward liberalization. This effort
did not see the light of day.
In an upsurge of populism, President Rodrigo Duterte won the
2016 presidential elections in a campaign centering on law and
order, proposing to reduce crime by killing tens of thousands of
criminals. He also is a known advocate of federalism, a
compound mode of government combining a central or federal
government with regional governments in a single political
system. This advocacy is in part an influence of his background,
being a local leader in Mindanao that has been mired in poverty
and violence for Decades. On 7 December 2016, President
Duterte signed an executive order creating a consultative
committee to review the 1987 Constitution.
Policies on Agrarian Reform
Agrarian reform is essentially the rectification of the whole
system of agriculture, an important aspect of the Philippine
economy because nearly half of the population is employed in
the agricultural sector, and most citizens live in rural areas.
Agrarian reform is centered on the relationship between
production and the distribution of land among farmers. It is also
focused on the political and economic class character of the
relations of production and distribution in farming and related
enterprises, and how these connect to the wider class structure.
Through genuine and comprehensive agrarian reform, the
Philippines would be able to gain more from its agricultural
potential and uplift the Filipinos in the agricultural sector, who
have been, for the longest time, mired in poverty and
discontent.
In our attempt to understand the development of agrarian
reform in the Philippines, we turn our attention to our country's
history, especially our colonial past, where we could find the
root of the agrarian woes the country experiences up to this
very day.
Landownership in the Philippines under Spain
When the Spaniards colonized the country, they brought
with them a system of pueblo agriculture, where rural
communities, often dispersed and scattered in nature,
were organized into a pueblo and given land to cultivate.
Families were not allowed to own their land-the King of
Spain owned the land, and Filipinos were assigned to
these lands to cultivate them, and they pay their colonial
tributes to the Spanish authorities in the form of
agricultural products.
Later on, through the Law of the Indies, the Spanish
crown awarded tracts of land to (1) religious orders; (2)
Spanish military as repartimientos or reward for their
service; and (3) Spanish encomenderos, those mandated
to manage the encomienda or the lands given to them,
where Filipinos worked and paid their tributes to the
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encomendero. Filipinos were not given the right to own
land, and only worked in them so that they may have a
share of the crops and pay tribute. The encomienda
system was an unfair and abusive system, as "compras y
vandalas'' became the norm for the Filipino farmers
working the land-they were made to sell their products at
a very low price, or surrender their products to the
encomenderos, who resell this at a profit. Filipinos in the
encomienda were also required to render services to their
encomenderoa that are unrelated to farming,
From this encomienda system, the hacienda system
developed in the beginning of the 19th century, as the
Spanish government implemented policies that would fast
track the entry of the colony into the capitalist world. The
economy was tied to the world market, as the Philippines
became an exporter of raw materials and importer of
goods. Agricultural exports were demanded and the
hacienda system was developed as a new form of
ownership. In the 1860s, Spain enacted a law ordering
landholders to register their landholdings, and only those
who knew benefitted from this. Lands were claimed and
registered in other people's names, and many peasant
families who were "assigned" to the land in the earlier
days of colonization were driven out, or forced to come
under the power of these people who claimed rights to
the land because they held a title.
This is the primary reason why revolts in the Philippines
were oftentimes agrarian in nature. Before colonization,
Filipinos had communal ownership of land. The system
introduced by the Spaniards became a bitter source of
hatred and discontent for the Filipinos. Religious orders,
the biggest landowners in the Philippines, also became a
main source of abuse and exploitation for the Filipinos,
increasing the rent paid by the Filipinos on a whim.
Filipinas fought the Philippine Revolution in a confluence
of motivations, but the greatest desire for freedom would
be the necessity of owning land. Upon the end of the
Philippine Revolution, the revolutionary government
will declare all large landed estates, especially the friar
lands, confiscated, and become government property.
However, the first Philippine republic was short-lived. The
entrance of the Americans will signal a new era of
colonialism and imperialism in the Philippines.
Landownership in the Philippines under the
Americans
The Americans were aware that the main cause of social
unrest in the Philippines is landlessness, and they
attempted to put an end to the deplorable conditions of
the tenant farmers by passing several land policies to
increase the small landholders and distribute ownership
to a bigger number of Filipino tenants and farmers. The
Philippine Bill of 1902 provided regulations on the
disposal of public lands. A private individual may own 16
hectares of land while corporate landholders may have
1,024 hectares. Americans were also given rights to own
agricultural lands in the country. The Philippine
Commission also enacted Act No. 496 or the Land
Registration Act, which introduced the Torrens system to
address the absence of earlier records of issued land
titles and conduct accurate land surveys. In 1903, the
homestead program was introduced, allowing a tenant to
enter into an agricultural business by acquiring a farm of
at least 16 hectares. This program, however, was limited
to areas in Northern Luzon and Mindanao, where colonial
penetration has been difficult for Americans, a problem
they inherited from the Spaniards.
Landownership did not improve during the American
period; in fact, it even worsened, because there is no limit
to the size of landholdings people can possess, and the
accessibility of possession was limited to those who can
afford to buy, register, and acquire fixed property titles.
Not all friar lands acquired by the Americans were given
to landless peasant farmers. Some lands were sold or
leased to American and Filipino business interests. This
early land reform program was also implemented without
support mechanisms-if a landless peasant farmer
received land, he only received land, nothing more. Many
were forced to return to tenancy, and wealthy Filipino
hacienderus purchased or forcefully took over lands from
farmers who cannot afford to pay their debts. The system
introduced by the Americans enabled more lands to be
placed under tenancy, and led to widespread peasant
uprisings. such as the Colorum and Sakdal Uprising in
Luzon. Peasants and workers found refuge from
millenarian movements that gave them hope that change
could still happen through militancy.
During the years of the Commonwealth government, the
situation further worsened, as peasant uprisings
increased and landlord-tenant relationship became more
and more disparate. President Quezon laid down a social
justice program focused on the purchase of haciendas,
which were to be divided and sold to tenants. His
administration also created the National Rice and Corn
Corporation (NARICC) to assign public defenders to
assist peasants in court battles for their rights to the land,
and the Court of Industrial Relations to exercise
jurisdiction over disagreements arising from
landowner-tenant relationships. The Homestead Program
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also continued, through the National Land Settlement
Administration (NLSA) Efforts toward agrarian reform by
the Commonwealth failed because of many problems
such as budget allocation for the settlement program and
widespread peasant uprisings. World War II put a halt to
all interventions to solve these problems, as the
Japanese occupied the country.
Post-War Interventions toward Agrarian Reform
Rehabilitation and rebuilding after the war was focused
on providing solutions to the problems of the past. The
administration of President Roxas passed Republic Act
No. 34 to establish a 70-30 sharing arrangement between
tenant and landlord, respectively, and reduced the
interest of landowners' loans to tenants at six percent or
less. The government also attempted to redistribute
hacienda lands, falling prey to the woes of similar
attempts since no support was given to small farmers
who were sold lands
Under the term of President Elpidio Quirino, the Land
Settlement Development Corporation (LASEDECO) was
established to accelerate and expand the resettlement
program for peasants. This agency later on became the
National Resettlement and Rehabilitation Administration
(NARRA) under the administration of President Ramon
Magsaysay.
Magsaysay saw the importance of pursuing a genuine
land reform program and convinced Congress, majority of
which are landed elites, to pass legislation to improve the
land reform situation. Republic Act No. 1199 or the
Agricultural Tenancy Act was passed to govern the
relationship between landholders and tenant farmers,
protecting the tenurial rights of tenants and enforced
tenancy practices. Through this law, the Court of
Agricultural Relations was created in 1955 to improve
tenancy security, fix land rentals of tenanted farms and
resolve land disputes filed by the landowners and
peasant organizations. The Agricultural Tenancy
Commission was also established to administer problems
created by tenancy. The Agricultural Credit and
Cooperative Financing Administration (ACCFA) was also
created mainly to provide warehouse facilities and assist
farmers in marketing their products. The administration
spearheaded the establishment of the Agricultural and
Industrial Bank to provide easier terms in applying for
homestead and other farmlands.
NARRA accelerated the government's resettlement
program and distribution of agricultural lands to landless
tenants and farmers. It also aimed to convince members
of the Huks, a movement of rebels in Central Luzon, to
resettle in areas where they can restart their lives as
peaceful citizens.
Despite a more vigorous effort toward agrarian reform,
the situation for
the farmers remained dire, since the government lacked
funds and provided
inadequate support services for the programs. The
landed elite did not fully
cooperate and criticize the programs.
A major stride in land reform afrived during the term of
President Diosdado Macapagal through the Agricultural
Land Reform Code (Republic Act No. 3844).
Primary Source: Declaration of Policy under RA
No. 3844 or Agricultural Land Reform Code
Source: Section 2 of RA 3844
It is the policy of the State:
(1) To establish owner-cultivatorship and the economic
family-size farm as the basis of Philippine agriculture and,
as a consequence, divert landlord capital in agriculture to
industrial development
(2) To achieve a dignified existence for the small farmers
free from pernicious institutional restraints and practices:
(3) To create a truly viable social and economic structure
in agriculture conducive to greater productivity and higher
farm incomes:
(4) To apply all labor laws equally and without
discrimination to both industrial and agricultural wage
earners
(5) To provide a more vigorous and systematic land
resettlement ​program and public land distribution; and (6)
To make the small farmers more independent, self-reliant
and responsible citizens, and a source of genuine
strength in our democratic society.
This Code abolished share tenancy in the Philippines and
prescribed a program to convert tenant-farmers to
lessees and later on owner-cultivators. It also aimed to
free tenants from tenancy and emphasize
owner-cultivatorship and farmer independence, equity,
productivity improvement, and public land distribution.
Despite being one of the most comprehensive pieces of
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land reform legislation ever passed in the Philippines,
Congress did not make any effort to come up with a
separate bill to fund its implementation, despite the fact
that it proved beneficial in the provinces where it was pilot
tested.
Agrarian Reform Efforts under Marcos
President Marcos declared martial law in 1972, enabling
him to essentially wipe out the landlord-dominated
Congress. Through hi "technocrats," he was able to
expand executive power to start a "fundamental
restructuring of government, including its efforts in solving
the deep structural problems of the countryside.
Presidential Decree No. 27, or the Code of Agrarian
Reform of the Philippines, became the core of agrarian
reform during Marcos regime.
Primary Source: Presidential Decree No. 27, 21
October 1972
This shall apply to tenant farmers of private agricultural
lands primari devoted to rice and corn under a system of
sharecrop or lease-tenancy whether classified as landed
estate or not; The tenant farmer, whether in land
classified as landed estate or n
shall be deemed owner of a portion constituting a
family-size farm
five (5) hectares if not irrigated and three (3) hectares if
irrigated;
In all cases, the landowner may retain an area of not
more than seven (7) hectares if such landowner is
cultivating such area or will now cultivate it;
For the purpose of determining the cost of the land to be
transferred the tenant-farmer pursuant to this Decree, the
value of the land shall be equivalent to two and one-half
(2 1/2) times the average harvest three normal crop years
immediately preceding the promulgation this Decree;
The total cost of the land, including interest at the rate of
six (6) p centum per annum, shall be paid by the tenant in
fifteen (15) years fifteen (15) equal annual amortizations:
In case of default, the amortization due shall be paid by
the farmers' cooperative in which the defaulting
tenant-farmer is a member, with the cooperative having a
right of recourse against him;
The government shall guaranty such amortizations with
shares of stock in government-owned and
government-controlled corporations;
No title to the land owned by the tenant-farmers under
this Decree shall be actually issued to a tenant-farmer
unless and until the tenant farmer has become a
full-fledged member of a duly recognized farmer's
cooperative;
Title to land acquired pursuant to this Decree or the Land
Reform Program of the Government shall not be
transferable except by hereditary succession or to the
Government in accordance with the provisions of this
Decree, the Code of Agrarian Reforms and other existing
laws and regulations;
The Department of Agrarian Reform through its Secretary
is hereby empowered to promulgate rules and regulations
for the implementation of this Decree.
"Operation Land Transfer" on lands occupied by tenants
of more than seven hectares on rice and corn lands
commenced, and through legal compulsion and an
improved delivery of support services to small farmers,
agrarian reform seemed to be finally achievable. Under
the rice self-sufficiency program "Masagana '99," farmers
were able to borrow from banks and purchase
three-hectare plots of lands and agricultural inputs.
However, the landlord class still found ways to circumvent
the law. Because only rice lands were the focus of
agrarian reform, some landlords only needed to change
crops to be exempted from the program, such as coconut
and sugar lands. Lands worked by wage labor were also
exempt from the program, so the landed elite only had to
evict their tenants and hired workers instead.
Landlessness increased, which made it all the more
difficult for the program to succeed because landless
peasants were excluded from the program. Many other
methods were employed by the elite to find a way to
maintain their power and dominance, which was
worsened by the corruption of Marcos and his cronies
who were also involved in the agricultural sector.
Post-1986 Agrarian Reform
The overthrow of Marcos and the 1987 Constitution
resulted to a renewed interest and attention to agrarian
reform, as President Corazon Aquino envisioned agrarian
reform to be the centerpiece of her administration's social
legislation, which proved difficult because her background
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betrayed her-she comes from a family of a wealthy and
landed clan that owns Hacienda Luisita.
On 22 July 1987. Aquino issued Presidential
Proclamation 131 and Executive Order 229, which
outlined her land reform program. In 1988, the Congress
passed Republic Act No. 6657, or the Comprehensive
Agrarian Reform Law (CARI), which introduced the
program with the same name (Comprehensive Agrarian
Reform Program or CARP). It enabled the redistribution
of agricultural lands to tenant-farmers from landowners,
wha were paid in exchange by the government through
just compensation, and allowed them to retain not more
than five hectares. Corporate landowners were, however,
allowed under law to voluntarily divest a proportion of
their capital stock, equity, or participation in favor of their
workers or other qualified beneficiaries instead of turning
over their land to the government.
CARP was limited because it accomplished very little
during the administration of Aquino. It only accomplished
22.5% of land distribution in six years owing to the fact
that Congress, dominated by the landed elite, was
unwilling to fund the high compensation costs of the
program. It was also mired in controversy, since Aquino
seemingly bowed down to the pressure of her relatives by
allowing the stock redistribution option. Hacienda Luisita
reorganized itself into a corporation and distributed stocks
to farmers.
Under the term of President Ramos, CARP
implementation was speeded in order to meet the
ten-year time frame, despite limitations and constraints in
funding, logistics, and participation of involved sectors. By
1996, the Department of Agrarian Reform (DAR)
distributed only 58.25% of the total area target to be
covered by the program. To address the lacking funding
and the dwindling time for the implementation of CARP.
Ramos signed Republic Act No. 8532 in 1998 to amend
CARL and extend the program to another ten years.
CARPER and the Future of Agrarian Reform in
the Philippines
The new deadline of CARP expired in 2008, leaving 1.2
million farmer beneficiaries and 1.6 million hectares of
agricultural land to be distributed to farmers. In 2009,
President Arroyo signed Republic Act No. 9700 or the
Comprehensive Agrarian Reform Program Extension with
Reforms (CARPER), the amendatory law that extended
the deadline to five more years. Section 30 of the law
also mandates that any case and/or proceeding involving
implementation of the provisions of CARP, as amended,
which may remain pending on 30 June 2014 shall be
allowed to proceed to its finality and executed even
beyond such date.
From 2009 to 2014, CARPER has distributed a total of 1
million hectares of land to 900,000 farmer beneficiaries.
After 27 years of land reform and two Aquino
administrations, 500,000 hectares of lands remain
undistributed. The DAR and the Department of
Environment and Natural Resources (DENR) are the
government agencies mandated to fulfill CARP and
CARPER, but even the combined effort and resources of
the two agencies have proved incapable of fully achieving
the goal of agrarian reform in the Philippines. The same
problems have plagued its implementation: the powerful
landed elite, and the ineffectual bureaucracy of the
Philippine government. Until these two challenges are
surmounted, genuine agrarian reform in the Philippines
remains but a dream to Filipino farmers who have been
fighting for their right to land ownership for centuries.
Evolution of Philippine Taxation
In today's world, taxation is a reality that all citizens must
contend with, for the primary reason that governments
raise revenue from the people they govern to be able to
function fully. In exchange for the taxes that people pay,
the government promises to improve the citizens' lives
through good governance. Taxation, as a government
mechanism to raise funds, developed and evolved
through time, and in the context of the Philippines, we
must understand that it came with our colonial
experience.
Taxation in Spanish Philippines
The Philippines may have abundant natural resources
even before the encroachment of the Spaniards, but our
ancestors were mainly involved in a subsistence
economy, and while the payment of tribute or taxes
(buhis/ buwis/handug) or the obligation to provide labor
services to the datus in some early Filipino communities
in the Philippines may resemble taxation, it is essentially
different from the contemporary meaning of the concept.
The arrival of the Spaniards altered this subsistence
system because they imposed the payment of tributos
(tributes) from the Filipinos, similar to what has been
practiced in all colonies in America. The purpose is to
generate resources to finance the maintenance of the
islands, such as salaries of government officials and
expenses of the clergy. The difficulty faced by the
Spaniards in revenue collection through the tribute was
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the dispersed nature of the settlements, which they
solved by introducing the system of reduccion by creating
pueblos, where Filipinos were gathered and awarded
plots land to till. Later on, the settlements will be handled
by encomenderos whe received rewards from the
Spanish crown for their services. Exempted from
payment of tributos were the principales: alcaldes,
gobernadores, cabeza de barangay, soldiers, members of
the civil guard, government officials, an vagrants.
The Filipinos who were once satisfied with agricultural
production for subsistence, had to increase production to
meet the demands of payment and a more intensive
agricultural system had to be introduced. Later half of the
tribute was paid in cash, and the rest with produce. This
financed the conquest of the Philippines.
Toward the end of the 16th century, the Manila-Acapulco
trade established through the galleons, a way by which
the Spaniards could mai sure that European presence
would be sustained. Once a year the galleon be loaded
up with merchandise from Asia and sent to New Spain
(Mexic and back. This improved the economy of the
Philippines and reinforced control of the Spaniards all
over the country. Tax collection was still poor, and subsidy
from the Spain will be needed through the situado re
delivered from the Mexican treasury to the Philippines
through the galle This subsidy stopped as Mexico
became independent in 1820.
In 1884, the payment of tribute was put to a stop and was
replaced by poll tax collected through a certificate of
identification called the céda personal. This is required
from every resident and must be carried while traveling.
Unlike the tribute, the payment of cedulas is by person.
by family. Payment of the cedula is progressive and
according to inco categories. This system, however, was
a heavy burden for the peasants and easy for the
wealthy. But because of this, revenue collection gread
increased and became the main source of government
income. The Chine in the Philippines were also made to
pay their a discriminatory cedula is bigger than what the
Filipinos pay.
Two direct taxes were added in 1878 and imposed on
urban income Urbana is a tax on the annual rental value
of an urban real estate, industria is a tax on salaries,
dividends, and profits. These taxes were
universal and affected all kinds of economic activity
except agriculture,
which was exempt to encourage growth.
Indirect taxes such as customs duties were imposed on
exports and imports to further raise revenue, especially
during the 19th century when economic growth increased
exponentially. There were no excise taxes collected by
the Spaniards throughout the years of colonialism.
The colonial government also gained income from
monopolies, such as the sale of stamped paper,
manufacture and sale of liquor, cockpits, and opium, but
the biggest of the state monopolies was tobacco, which
began in 1781 and halted in 1882. Only certain areas
were assigned to cultivate tobacco, which the
government purchases at a price dictated to the growers.
This monopoly made it possible for the colony to create a
surplus of income that made it self-sufficient without the
need for the situado real and even contributes to the
treasury of Spain.
Forced labor was a character of Spanish colonial taxation
in the Philippines, and was required from the Filipinos. It
proved useful in defending the territory of the colony and
augmenting the labor required by woodcutting and
shipbuilding especially during the time of the galleon
trade. Through the polo system, male Filipinos were
obliged to serve, a burden that resulted in an increase in
death rate and flight to the mountains, which led to a
decrease in population in the 17th century. This changed
later on, as polos and servicios became lighter, and
organized at the municipal level. Labor provided was
used in public works, such as the building of roads and
bridges. Some were made to serve the municipal office,
or as night guards.
Males were required to provide labor for 40 days a year
(reduced to 15 days a year in 1884). They may opt out by
paying the fallas of three pesos per annum, which was
usually lost to corruption because it was collected at the
municipal level, and were known as caidas or droppings.
The polos will be called prestación personal (personal
services) by the second half of the 19th century.
Taxation in the Philippines during the Spanish colonial
period was characterized by the heavy burden placed on
the Filipinos, and the corruption of the principales, or the
former datus and local elites who were co-opted by the
Spaniards to subjugate and control the natives on their
behalf. The principales who were given positions such as
cabezas de barangay or alcaldes in the local government
were able to enrich themselves by pocketing tributos
and/or falls, while the peasants were left to be abused.
Taxation appeared progressive but the disparity between
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the less taxed principales and the heavily taxed peasants
made the rich richer and the poor poorer.
Primary Source: Mariano Herbosa Writes to Rizal
About Taxes
Source: Mariano Herbosa to Jose Rizal, Calamba, 29
August 1886 Letters Between Rizal and Family Members
(Manila: National Heroes Commission, 1964), 239-241.
"The tax! With regard to your question on this, the answer
is very long as it is the cause of the prevailing misery
here. What I can write to you will be only one-half of the
story and even Dumas, senior, cannot exhau the subject.
Nevertheless, I'll try to write what I can, though I may n
be able to give a complete story, you may at least know
half of it.
"Here, there are many kinds of taxes. What they call
irrigated rice land even if it has no water, must pay a tax
of 50 cavanes of palay (unhuske rice), and land with six
cavanes of seed pay 5 pesos in cash. The land they call
dry land that is planted to sugar cane, maize, and others
pay different rates. Even if the agreed amount is 30
pesos for land with six cavanes of seed, if they see that
the harvest is good, they increase the tax, but they don't
decrease it, if the harvest is poor. There is a law whose
tax is 25 pesos or 20 pesos, according to custom.
"The most troublesome are the residential lots in the
town. There is a fixed rule that is followed, only their
whim. Hence, even if it is only span in size, if a stone wall
is added, 50 pesos must be paid, the lowest being 20
pesos. But a nipa or cogon house pays only one peso for
an area of ten fathoms square. Another feature of this
system is that the day you accept the conditions, the
contract will be written whi cannot be changed for four
years, but the tax is increased every year For these
reasons, for two years now the payment of tax is confuse
and little by little the fear of the residents here of the word
"vacan is being dispelled, which our ancestors had feared
so much. The result is bargaining, like they do in buying
fish. It is advisable to offer a figure and payment can be
postponed, unlike before when people were very much
afraid to pay after May.
"I'm looking for a receipt to send you, but I cannot find
any, because I don't get a receipt every time we pay.
Anyway it is value-less as it does not state the amount
paid; it only says that the tax for that year paid, without
stating whether it is five centavos, twenty-five centave
one hundred, or one thousand pesos. The residents who
ask or get the said receipt accept it with closed eyes. The
receipt has no signature in the place where the amount
paid ought to be, although it bears their name. Until now I
cannot comprehend why some are signed and others are
not. This is more or less what is happening here in the
payment of the land tax and it has been so for many
years since I can remember.
"Besides this, the taxes on the plants in the fields that are
far from the town, like the land in Pansol, are various. The
tax on the palay is separate from the tax on maize,
mongo, or garlic. There is no limit to this tax, for they fix it
themselves. Since July no one buys sugar and since
June locusts are all over the town and they are destroying
palay and sugar cane, which is what we regret here. The
governor gave 50 pesos to pay the catchers of locusts,
but when they took them to the town hall they were paid
only 25 cents a cavan and a half; and it seems that the
locusts are not decreasing. According to the guess of the
residents here only 300 cavanes of locusts have been
caught in this town. Many still remain. Though the
governor has not sent any more money, the people have
not stopped catching them."
Taxation under the Americans
The Americans who acquired the Philippines aimed to
make the economy self-sufficient by running the
government with the smallest possible sum of revenue
and creating surplus in the budget. From 1898 to 1903,
the Americans followed the Spanish system of taxation
with some modifications, noting that the system
introduced by the Spaniards was outdated and
regressive. The military government suspended the
contracts for the sale of opium, lottery, and mint charges
for coinage of money. Later on the urbana area was
replaced by tax on real estate, which became known as
the land tax. The land tax was levied on both urban and
rural real estate.
The problem with land tax was that land titling in the rural
area was very disorderly, the appraising of land value
was influenced by political and familial factors, and the
introduction of a taxation system on agricultural land
faced objections from the landed elite. Tax evasion was
prevalent, especially among the elites.
The Internal Revenue Law of 1904 was passed as a
reaction to the problems of collecting land tax. It
prescribed ten major sources of revenue: (1) license
taxes on firms dealing in alcoholic beverages and
tobacco, (2) excise taxes on alcoholic beverages and
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tobacco products, (3) taxes on banks and bankers. (4)
document stamp taxes, (5) the cedula, (6) taxes on
insurance and insurance companies, (7) taxes on forest
products, (8) mining concessions, (S tax on business and
manufacturing, and (10) occupational licenses.
The cedula went through changes in the new law as the
rate was fixed per adult male, which resulted in a great
decline in revenues. In 1907, some provinces were
authorized to double the fee for the cedula to support the
construction and maintenance of roads. The industria tax
was levied on the business community and became a
highly complex system that assigned a certain tax to an
industrial or commercial activity according to their
profitability. The new Act also imposed a percentage tax
on sales payable quarterly
In 1913, the Underwood-Simmons Tariff Act was passed,
resulting in reduction in the revenue of the government as
export taxes levied on sugar tobacco, hemp, and copra
were lifted. To make up for the loss then Governor
General Francis Burton Harrison urged that tax receipts
be increased to make up for the loss. Minor changes
were made to the 1904 Internal Revenue Act such as the
imposition of taxes on mines, petroleum products and
dealers of petroleum products and tobacco.
New sources of taxes were introduced later on. In 1914,
an income tax was introduced, in 1919, an inheritance tax
was created, and in 1932, national lottery was
established to create more revenue for the government
However, these new creations were not enough to
increase government revenues.
Taxation during the Commonwealth Period
New measures and legislation were introduced to make
the taxatice system appear more equitable during the
Commonwealth. Income tax rates were increased in
1936, adding a surtax rate on individual net incomes in
excess of 10,000 pesos. Income tax rates of corporations
were also increased In 1937, the cedula tax was
abolished, which appeared to be a progressive move; but
in 1940 a residence tax was imposed on every citizen
aged 1 years old and on every corporation.
In 1939, the Commonwealth government drafted the
National Internal Revenue Code, introducing major
changes of the new tax system, as follows
1. The normal tax of three percent and the surtax on
income replaced by a single tax at a progressive rate.
2. Personal exemptions were reduced.
3. Corporation income tax was slightly increased by
introducing taxes on inherited estates or gifts donated in
the name of dead persons.
4. The cumulative sales tax was replace by a single
turnover tax of 10% on luxuries.
5. Taxes on liquors, cigarettes, forestry products and
mining were
increased.
6. Dividends were made taxable.
The introduced tax structure was an improvement of the
earlier system introduced by the Americans, but still
remained inequitable. The lower class still felt the bulk of
the burden of taxation, while the upper class, the landed
elite, the people in political positions, were able to
maneuver the situation that would benefit them more. The
agriculture sector was still taxed low to promote growth,
but there was no incentive for industrial investment to
take root and develop.
Finally, a common character of taxation during the
American occupation in the Philippines was that it was
not used to diversify the economy or direct economic
development, as some sectors still carried the
disproportionate share of the tax burden.
As World War II reached the Philippine shores, economic
activity was put to a stop, and the Philippines bowed to a
new set of administrators, the Japanese. The Japanese
military administration in the Philippines during World War
II immediately continued the system of tax collection
introduced during the Commonwealth, but exempted the
articles belonging to the Japanese armed forces. Foreign
trade fell, and the main sources of taxation came from
amusements, manufactures, professions, and business
licenses. As the war raged, tax collection was a difficult
task, and additional incomes of the government were
derived from the sales of the National Sweepstakes and
sale of government bonds.
The expenditure of the Japanese military government
grew greatly, and they issued military notes in order to
cover the costs of the war.
Fiscal Policy from 1946 to Present
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The impact of the war on the Philippine economy was
effectively disparate, as Manila, the capital, was razed to
the ground while the rest of the Philippines was relatively
untouched. But the highly agriculture-based economy
was disrupted. The United States may have declared the
Philippine independent, but, as the country needed
rehabilitation funds from the United States, the
dependency of the Philippines to the Americans was
opportunity to be taken advantage by the former colonial
administrators The economic situation was so
problematic that by 1949, there was a severe lack of
funds in many aspects of governance, such as the
military a education' sectors. No efforts were made to
improve tax collection, and the United States advised the
adoption of direct taxation. The administration of
President Manuel Roxas declined the proposal because it
did not want to alienate its allies in Congress.
The impetus for economic growth came during the time of
President Elpidio Quirino through the implementation of
import and exchange controls that led to import
substitution development. This policy allowed for the
expansion of a viable manufacturing sector that reduced
econos dependence on imports. New tax measures were
also passed, which included higher corporate tax rates
that increased government revenues-tax reven in 1953
increased twofold compared to 1948, the year when
Quirino fi assumed presidency.
While the succeeding presidencies of Magsaysay, Garcia,
and Macapagal promised to study the tax structure and
policy of the country (through the creation of a Tax
Commission in 1959 by means of Republic Act 2211)
make way for a more robust and efficient tax collection
scheme, post-w fiscal policy remained regressive,
characterized by the overburdening of the lowest classes
while the landed elite who held business interests were
Congress to ensure that taxes will not be levied to them
who belong to the higher classes of society. The period of
the post-war republic also saw a rise in corruption. From
1959 to 1968, Congress did not pass any tax legislation
despite important changes in the economy, and the
vested interests of Filipino businessmen in Congress will
manifest in many instances such as the rejection of taxes
on imports. Indirect taxation still contributed to three
quarters of tax revenues, and the Omnibus Tax Law of
1969 did not increase the ratio of income tax to general
tax revenue. Collection of taxes remain poor, tax structure
is still problematic, and much of public funds were lost to
corruption, which left the government incapable of
funding projects geared toward development.
Under the Marcos authoritarian regime, the tax system
remained regressive. During the latter part of the Marcos
years (1981-1985), the tax system was still heavily
dependent on indirect taxes, which made up 70% of total
tax collection. The tax system also remained
unresponsive. Taxes grew at an average annual rate of
15% and generated a low tax yield. Tax effort, defined as
the ratio between the share of the actual tax collection in
gross domestic product and predictable taxable capacity,
was at a low 10.7%.
As Corazon Aquino took the helm of the government after
the EDSA Revolution, she reformed the tax system
through the 1986 Tax Reform Program. The aim was to
improve the responsiveness of the tax system, promote
equity by ensuring that similarly situated individuals and
firms bear the same tax burden, promote growth by
withdrawing or modifying taxes that reduce incentives to
work or produce, and improve tax administration by
simplifying the tax system and promoting tax compliance.
A major reform in the tax system introduced under the
term of Aquino was the introduction of the value-added
tax (VAT), with the following features:
a. uniform rate of 10% on sale of domestic and imported
goods and services and zero percent on exports and
foreign-currency denominated sales;
b. ten (10) percent in lieu of varied rates applicable to
fixed taxes (60 nominal rates), advance sales tax, tax on
original sale, subsequent sales tax, compensating tax,
miller's tax, contractor's tax, broker's tax, film lessors and
distributor's tax, excise tax on solvents and matches, and
excise tax on processed videotapes;
c. two percent tax on entities with annual sales or receipts
of less than P200,000:
d. adoption of tax credit method of calculating tax by
subtracting tax on inputs from tax on gross sales;
e. exemption of the sale of basic commodities such as
agriculture and marine food products in their original
state, price-regulated petroleum products, and fertilizers;
and
f. additional 20% tax on non-essential articles such
jewelry, perfumes, toilet waters, yacht and other vessels
for pleasure and sports.
The VAT law was signed in 1986 and put to effect in
1988. While it was a reliable source of revenue for the
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government, new tax laws would reduce its reliability, as
legislated exemptions grew.
● Lease of residential units with monthly rental per
unit of not more than P8,000, subject to
adjustment using CPI
● Sale, importation, printing, or publication of books
and any newspaper
The succeeding term of President Joseph Estrada in
1998 was too short to effect any change in the tax
system. His vice president Gloria Macapagal-Arroyo was
swept to power through another EDSA Revolution. As
president, she undertook increased government spending
without adjusting tax collections. This resulted in large
deficits from 2002 to 2004. The government had to look
for additional sources of revenue, and in 2005, the
Expanded Value Added Tax (E-VAT) was signed into law
as Republic Act 9337. This expanded the VAT base,
subjecting to VAT energy products such as coal and
petroleum products and electricity generation,
transmission, and distribution. Select professional
services were also taxed. In February 2006, the VAT tax
rate was also increased from 10% to 12
As President Benigno Aquino III succeeded President
Arroyo in 2010, he promised that no new taxes would be
imposed, and additional revenue would have to come
from adjusting existing taxes. The administration ventured
into the adjustment of excise tax on liquor and cigarettes
or the Sin Tax Reform, motivations for which were
primarily fiscal, public health, and social order related
considerations. Republic Act 10351 was passed, and
government revenues from alcohol and tobacco excise
taxes increased. Collections from tobacco and alcohol in
2015 made up 1.1% of the Gross Domestic Product, and
the improvement in tax collection resulted in the
Philippines receiving a credit rating upgrade into
investment grade status. The Sin Tax Reform was an
exemplar on how tax reform could impact social services,
as it allowed for the increase of the Department of Health
budget (triple in 2015) and free health insurance
premiums for the poor people enrolled in PhilHealth
increased (from P5.2 million in 2012 to P15.4 million in
2015).
The administration of the new president Rodrigo Duterte
promised tax reform, particularly in income taxes, as it
vowed to lower income tax rates shouldered by working
Filipinos. The present income tax scheme of the country
is the second highest in Southeast Asia, and the current
laws on income taxes were outdated, as they were
drafted two decades ago. The proposed tax reform also
seeks to limit VAT exemptions and increase excise taxes
on petroleum products and automobiles. It is hoped that
reforms in the country's tax policy will result into the
much-desired economic development hat will be felt even
by the lowest classes in society.
Along with tax reform came the administrative reforms,
such as the restructuring of the Department of Finance
and its attached agency, the Bureau of Internal Revenue
(BIR) through Executive Order 127. Tax collection and tax
audits were intensified, computerization was introduced
and corruption relatively reduced, which improved the
trust in the BIR general. As a result of the tax reform of
the Aquino administration, both t and revenue effort rose,
increasing from 10.7% in 1985 to 15.4% in 1992.
Greater political stability during the administration of Fidel
Rama in 1992 allowed for continued economic growth.
The Ramos administration ventured into its own tax
reform program in 1997 through the Comprehensive Tax
Reform Program, which was implemented to (1) make the
tax system broad-based, simple, and with reasonable tax
rates: (2) minimize avoidance allowed by existing flaws
and loopholes in the system; encourage payments by
increasing tax exemptions levels, lowering highest tax
rates, and simplifying procedure; and (4) rationalize the
grant tax incentives, which was estimated to be worth
P31.7 billion in 1994.
The VAT base was also broadened in 1997 to include
services, throug Republic Act 7716. The features of the
improved VAT law were as follows
a. Restored the VAT exemptions for all cooperatives
(agricultural electric, credit or multi-purpose, and
others provided that the share capital of each
member does not exceed P15,000.
b. Expanded the coverage of the term "simple
processes" by including broiling and roasting,
effectively narrowing the tax base for fond
products.
c. Expanded the coverage of the term "original
state" by includi molasses.
d. Exempted from the VAT are the following:
● Importation of meat
● Sale or importation of coal and natural gas in
whatever form or state
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● Educational services rendered by private
education institutions duly credited by the
Commission on Higher Education (CHED)
● House and lot and other residential dwellings
valued at million and below, subject to adjustment
using the Consumer Price Index (CPI)
1973 MARTIAL LAW CONSTITUTION
1973: Constitutional Authoritarianism
In 1965, Ferdinand E. Marcos was elected president, and
in 1967, Philippine Congress passed a resolution calling
for a constitutional convention to change the 1935
Constitution. Marcos won the re-election in 1969, in a bid
boosted by campaign overspending and use of
government funds, Elections of the delegates to the
constitutional convention were held on 20 November
1970, and the convention began formally on 1 June 1971,
with former President Carlos P. Garcia being elected as
convention president. Unfortunately, he died, and was
succeeded by another former president, Diosdado
Macapagal
Before the convention finished its work, martial law was
declared. Marcos cited a growing communist insurgency
as reason for the martial law, which was provided for in
the 1935 Constitution. Some delegates of the ongoing
constitutional convention were placed behind bars and
others went into hiding or voluntary exile. With Marcos as
dictator, the direction of the convention turned, with
accounts that the president himself dictated some
provisions of the constitution, manipulating the document
to be able to hold on to power for as long as he can. On
29 November 1972, the convention approved its
proposed constitution
The constitution was supposed to introduce a
parliamentary-style government, where legislative power
was vested in a unicameral National Assembly, with
members being elected to a term of six years. The
president was to be elected as the symbolic and
ceremonial head of state chosen from the members of
the National Assembly. The president would serve a
six-year term and could be re-elected to an unlimited
number of terms. Executive power is relegated to the
Prime Minister, who is also the head of government and
Commander-in-Chief of the Armed Forces who was also
to be elected from the National Assembly
President Magens saned Presidential Decree No. 73
setting the date of the plebiscite to ratify or reject the
proposed constitution on 30 November 1973. This
plebiscite was postponed later on, since Marcos feared
that the public might vote to reject the constitution.
Instead of a plebiscite, Citizen Assemblies were held,
from 10-15 January 1973, where the citizens, coming
together and voting by hand, decided on whether to ratify
the constitution, suspend the convening of the Interim
National Assembly, continue martial law, and place a
moratorium on elections for a period of at least several
years. The President, on 17 January 1973, issued a
proclamation announcing that the proposed constitution
had been ratified by an overwhelming vote of the
members of the highly irregular Citizen Assemblies.
The constitution was amended several times. In 1976,
Citizen Assemblies, once again, overwhelming decided to
allow the continuation of martial law, as well as approved
the amendments: an Interim Batasang Pambansa to
substitute for the Interim National Assembly, the president
to also become the Prime Minister and continue to
exercise legislative powers until martial law is lifted and
authorized the President to legislate on his own on an
emergency basis. An overwhelming majority will ratify
further amendments succeedingly. In 1980, the retirement
age of members of the judiciary was extended to 70
years. In 1981, the parliamentary system was formally
modified to a French-style, semi-presidential system
where executive power was restored to the president,
who was, once again, to be directly elected; an Executive
Committee was to be created, composed of the Prime
Minister and fourteen others, that served as the
president's Cabinet; and some electoral reforms were
instituted. In 1984, the Executive Committee was
abolished and the position of the vice president was
restored.
After all the amendments introduced, the 1973
Constitution was merely a way for the President to keep
executive powers, abolish the Senate, and, by no means,
never acted as a parliamentary system, but instead,
functioned as an authoritarian presidential system with all
the real power concentrated in the hands of the president,
with the backing of the constitution.
The situation in the 1980s has been very turbulent. As
Marcos amassed power, discontent has also been
burgeoning The tile turned swiftly when in August 1983,
Benigno Aquino Jr. oppositen leader and regarded as the
most credible alternative to President Mareas, was
assassinated while under military escort immediately after
his turn from exile in the United States There was
widespread suspicion that the orders to assassinate
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PROF. ERNIE SAQUIBAL JR.
ADAPTED FROM: E-BOOK
Aquino came from the top levels of the government and
the military. This event caused the coming together of the
non-violent opposition to the Marcos authoritarian regime.
Marcos was then forced to hold "snap elections a year
early, and said elections were marred by widescenti kod.
Marcos declared himself winner, despite international
condemnation and nationwide protesta. A small group of
military rebels attempted to stage a coup, but failed;
however, this triggered what came to be known as the
EDSA People Power Revolution of 1896, as people from
all walks of life spilled onto the streets. Under pressure
from the United States of America, who used to support
Marcos and his martial law, the Marcos family fled into
exile. His opponent in the snap elections, Benigno Aquino
Jr.'s widow, Corazon Aquino, was installed as president
on 25 February 1986.
1987 POST-EDSA CONSTITUTION
President Corazon Aquino's government had three
options regarding the constitution: revert to the 1935
Constitution, retain the 1973 Constitution and be granted
the power to make reforms, or start anew and break from
the "vestiges of a disgraced dictatorship." They decided
to make a new constitution that, according to the
president herself, should be "truly reflective of the
aspirations and ideals of the Filipino people."
In March 1986, President Aquino proclaimed a
transitional constitution to last for a year while a
Constitutional Commission drafted a permanent
constitution. This transitional constitution, called the
Freedom Constitution, maintained many provisions of the
old one, including in rewritten form the presidential right
to rule by decree. In 1986, a constitutional convention
was created, composed of 48 members appointed by
President Aquino from varied backgrounds and
representations. The convention drew up a permanent
constitution, largely restoring the set-up abolished by
Marcos in 1972, but with new ways to keep the president
in check, a reaction to the experience of Marcos rule. The
new constitution was officially adopted on 2 February
1987.
The Constitution begins with a preamble, and eighteen
self-contained articles. It established the Philippines as a
"democratic republican State" where "sovereignty resides
in the people and all government authority emanates from
them." It allocates governmental powers among the
executive, legislative, and judicial branches of the
government.
The Executive branch is headed by the president and his
cabinet, whom he appoints. The president is the head of
the state and the chief executive, but his power is limited
by significant checks from the two other co-equal
branches of government, especially during times of
emergency. This is put in place to safeguard the country
from the experience of martial law despotism during the
presidency of Marcos. In cases of national emergency,
the president may still declare martial law, but not longer
than a period of sixty days. Congress, through a majority
vote, can revoke this decision, or extend
it for a period that they determine. The Supreme Court
may also review the declaration of martial law and decide
if there were sufficient justifying facts for the act. The
president and the vice president are elected at large by a
direct vote, serving a single six-year term.
had three options regarding the on, retain the 1973
Constitution , or start anew and break from They decided
to make a new sident herself, should be "truly me Filipino
people."
laimed a transitional constitution Commission drafted a
permanent , called the Freedom Constitution, e, including
in rewritten form the 6, a constitutional convention was d
by President Aquino from varied Convention drew up a
permanent abolished by Marcos in 1972, but check, a
reaction to the experience ms officially adopted on 2
February
amble, and eighteen self-contained "democratic
republican State ple and all government authority mental
powers among the executive, government.
the president and his cabinet, whom of the state and the
chief executive, cheeks from the two other enequal ing
times of emergency. This is put in experience of martial
law despotism cases of national emergency, the w, but
not longer than a period of sixty te, can revoke tus
decision, ur extend
+
D
The legislative power resides in a Congress divided into
two Houses the Senate and the House of
Representatives. The 24 senators are elected at large by
popular vote, and can serve no more than two
consecutive six year terms. The House is composed of
district representatives representing a particular
geographic area, and make up around 80% of the total
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ADAPTED FROM: E-BOOK
number of representatives. There are 234 legislative
districts in the Philippines that elect their representatives
to serve three-year terms, The 1987 Constitution created
a party-list system to provide spaces for the participation
of under represented community sectors or groups.
Party-liat representatives may fill up not more than 20%
of the senate in the House
Aside from the exclusive power of legislation, Congress
may also declare war, through a two-thirds vote in both
upper and lower houses. But the power of legislation,
however, is also subject to an executive check, as the
president retains the power to veto or stop a hill from
becoming a law, Congress may only override this power
with a two-thirds vote in both houses.
The Philippine Court system is vested with the power of
the judiciary. and is composed of a Supreme Court and
lower courts as created by law. The Supreme Court is a
15-member court appointed by the president without the
need to be confirmed by Congress. The appointment the
president makes, however, is limited to a list of nominees
provided by a constitutionally specified Judicial and Bar
Council. The Supreme Court Justices may hear, on
appeal, any cases dealing with the constitutionality of any
law, treaty, order of the government, eases where
question of jurisdiction or judicial error are concerned, or
cases where the penalty is sufficiently grave It may also
exercise anginal jurisdiction over cases involving
government international officials. The Supreme Court
also in charged with overseeing the functioning and
administration of the lower courts and their personnel
The Constitution also established three independent
Constitutional Commissions, namely the Civil Service
Commission, central way charge of government
personnal: the Commission on Elections, mandated to
enforce and administer all elections laws and regulations
and the Commi un Audit, which examines all funds,
unsactions and pro the government and its agencies.
To further promote the ethical and lawful conduct of the
government, the Office of the Ombudsman was created
to investigate complaints that pertain to public corruption,
unlawful behavior of public officials, and other public
misconduct. The Ombudsman can charge public officials
before the Sandiganbayan, a special court created for
this purpose.
Only the House of Representatives can initiate the
impeachment of the president, members of the Supreme
Court, and other constitutionally protected public officials
such as the Ombudsman. The Senate will then try the
impeachment case. This is another safeguard to promote
moral and ethical conduct in the government.
Attempts to Amend or Change the
1987 Constitution
The 1987 Constitution provides for three ways by which
the Constitution can be amended, all requiring ratification
by a majority vote in a national referendum. These modes
are a Constituent Assembly, a People's Initiative, or a
Constitutional Convention. Using these modes, there
were efforts to amend or change the 1987 Constitution,
starting with the presidency of Fidel V. Ramos who
succeeded Corazon Aquino. The first attempt was in
1995, when then Secretary of National Security Council
Jose Almonte drafted a constitution, but it was exposed to
the media and it never prospered. The second effort
happened in 1997, when a group called PIRMA, hoped to
gather signatures from voters to change the constitution
through a people's initiative. Many were against this,
including then Senator Miriam Defensor Santiago, who
brought the issue to court and won-with the Supreme
Court judging that a people's initiative cannot push
through without an enabling law
The succeeding president, Joseph Ejercito Estrada,
formed a study commission to investigate the issues
surrounding charter change focusing on the economic
and judiciary provisions of the constitution. This effort was
also blocked by different entities. After President Estrada
was replaced by another People Power and succeeded
by his Vice-President, Gloria Macapagal Arroyo, then
House Speaker Jose de Venecia endorsed constitutional
change through a Constituent Assembly, which entails a
two-thirds vote of the House to propose amendments or
revision to the Constitution. This initiative was also not
successful, since the term of President Arroyo was mired
in. controversy and scandal, including the possibility of
Arroyo extending her term as president, which the
Constitution does not allow.
The administration of the succeeding president, Benigno
Aquino III. had no marked interest in charter change,
except those emanating from different members of
Congress, including the Speaker of the House, Feliciano
Belmonte Jr., who attempted to introduce amendments to
the Constitution that concern economic provisions that
aim toward liberalization. This effort did not see the light
of day.
In an upsurge of populism, President Rodrigo Duterte
won the 2016 presidential elections in a campaign
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PROF. ERNIE SAQUIBAL JR.
ADAPTED FROM: E-BOOK

centering on law and order, proposing to reduce crime by

killing tens of thousands of criminals. He also is a known
advocate of federalism, a compound mode of government
combining a central or federal government with regional
governments in a single political system. This advocacy is
in part an influence of his background, being a local
leader in Mindanao that has been mired in poverty and
violence for decades. On 7 December 2016, President
Duterte signed an executive order creating a consultative
committee to review the 1987 Constitution.

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