RPHIST1_EAAA4

BRIAN JUDE LASAN

Task 2 ( Page 79)

1. Discuss the relevance of having a constitution?
- A constitution is simultaneously a legal, political, and social instrument.
Legally, it enshrines human rights and creates a predictable legal landscape. As a
supreme or higher law, its provisions provide a framework under which all
regulations, legislation, institutions, and procedures operate.
2. Do you think there is a need to change the existing constitution? Reason out
your answer.

- I don't think there is a need to change the existing constitution of the

Philippines.

EXPLANATION:

It can be said, constitutional is an action or behavior that must always be based

on the existing constitution. The constitution in the everyday sense
is understood as a written text. The constitution is the entire set of rules, both
written and unwritten, that regulate in a binding manner the ways in which
government is organized in a society.
In its development, the constitution is very likely to experience changes. A
constitution must be changed with several underlying reasons, namely:

• The need to change the articles in the constitution that are not clear and
firm in providing regulations.
• The need to change and add to the provisions in the constitution which are
too short and incomplete.
• The need to correct various fundamental weaknesses in both the content
and the manufacturing process.
• Such as improving the consistency of relationships between chapters,
between chapters, and between chapters and chapters.
• The need to update several provisions that are no longer relevant to the
political and constitutional conditions of a country.
According to the description above, in my opinion, nothing of substance has been
changed in our country's constitution.

3. Give at least two (2) examples on how the following principles is being applied
in the Philippine Government:
A. Separation of powers
- Legislation belong to Congress
- settlement of legal controversies to the Judiciary
B. Principle of blending of Powers
- The President and Congress help one another in the making of laws. Congres
enacts the bill and the President approves it.
- The President prepares a budget and Congress enacts an appropriation bill
pursuant to that budget.
C. Principle of checks and balances
- Prevent Improper behaviour
- decrease the risk of centralization of powers.

Task 2 ( Page 90 )
1. Spanish period
- Before the advent of colonialism into what is now known as the Philippine
archipelago, the people of the Cordillera Region were communities or villages of
tribes and clans. Spanish colonization, from 1521 to 1896, succeeded in
subjugating most of the people of the islands which eventually formed the
Philippines.
2. American period
- The Americans who took over from the Spanish colonizers were, however, able
to effectively colonize the Cordillera Region from 1899 to 1945. They opened
large-scale mining activities in areas where indigenous peoples used to practice
small-scale mining such as in the province of Benguet.
3. Philippine Independence in 1946 onwards
- The Cordillera Administrative Region was established by Executive Order 220 ,
which was issued on July 15 , 1987 by President Corazon C. Aquino . Abra ,
Benguet , and Mountain Province ( of the Ilocos Region ) , as well as Ifugao and
Kalinga - Apayao ( of the Cagayan Valley ) , were annexed as parts of the newly
formed region . Up until the middle of the 20th century , the Igorots were able to
maintain their culture and way of life with little outside interference due to
geographic isolation . The Igorots have recently experienced severe natural
disasters like typhoons , floods , and landslides that have hampered agricultural
productivity , the indigenous people 's primary source of income . In addition ,
members of the tribe have moved from rural to urban regions in search of work
opportunities , and the Cordilleras have lost access to their ancestral lands .
Some tribal members were evicted as a result of the 1995 Mining Act , while
others lost their way of life due to the encouragement of mining and
hydroelectric projects .

Task ( Page 95 )
1. Explain the concept of “land” from the perspective of indigenous people.
- Land is the foundation for the lives and cultures of indigenous peoples all over
the world. Without access to, and respect of their rights over, their lands,
territories and natural resources, indigenous peoples' distinct cultures, and the
possibility of determining their own development and future, become eroded.”
2. Discuss the problems/struggles on ancestral lands among indigenous peoples.
- Their struggles against development aggression, which lead to loss of ancestral
domain and self-determination as well as to environmental destruction, are met
with harassment and human rights violations, including political killings.
3. Propose two possible solutions that will resolve the identified problems in
question number 2.
- Include indigenous people in discussions of land use. Without land, indigenous
peoples have no livelihood, no identity, no means of survival. In this context,
states need to respect the principle of free, prior and informed consent.
Indigenous peoples need to be consulted about use of their land and included in
development processes
- Build public awareness
Informed public education and awareness building is critical to the
implementation of indigenous rights. This is a responsibility of all. There is a lot
of mistrust for good reason.

Task 1 & 2 ( Page 102-103 )

Task 1: Enumerate provisions of state/customary laws that contradict from each
other. On the last column of the table, judge and explain your answer on what
law shall prevail over the other.
Customary/State laws in
State laws favor to the rights of Judgement
indigineous people
the fundamental legal basis
or source of law for a
community’s legal rights
over traditional knowledge

a factual element in
establishing a community’s
collective rights over
traditional knowledge

one element of the

definition of traditional
knowledge, or can otherwise
establish the relationship
between the knowledge and
a community that is central
to the concept of
‘traditional knowledge

Task 2 : Enumerate three indigenous peoples’ rights under IPRA law. For each
chosen right, create and discuss a real-life situation where such right is
practiced.
1 . Right to Self-Governance and Empowerment
2. Social Justice and Human Rights
3. Cultural Integrity

Task 1 & 2 ( Page 105-106 )

Task 2 : Explain why “bodong” shall still be practiced in some places of
Cordillera instead of using existing laws like criminal law and revised penal
code?
- The findings of the study reveal that Bodong is an effective way of settling
disputes and delivering justice among the people in Kalinga and that when
problems arise, Bodong still becomes effective because of the peoples' respect
for their tribal leaders and elders and because of their respect for cultural
traditions.

Task ( Page 107 )

1.- The preservation of ancestral lands over building mega projects is very
important to people, especially to indigenous people, as this was their home for
centuries, generation after generation, and into the future generations. Its
preservation allows the people to maintain their culture, their tradition, and
their community that have been built and are still being practiced even before
the colonization of the archipelago by the Spaniards. The gift that was granted
and entrusted by one Creator for everyone to harness, cultivate, sustain, and
live on are being acknowledge and respected by the indigenous people that
building mega projects leading to modernization and development will do no
good to it, it will just cause the detriment of the beautiful land and displace its
people leading to the vanishing of the heritages they own.

2. Explain why we still need people like Macli-ingDulag in today’s time.

We need people like Macli-ingDulag in today’s time as we need leaders who have
the courage and wisdom to defend their people and their land. A person who has
the great determination to protect their community at all cost and not be moved
by the personal benefit that he may get. We needed leaders that had faith in
their people, their land, and their country, not just by showing off during
campaigns but later doing nothing. We needed them for the betterment and
welfare of the people for us to strive to be strong and for our country, our home,
and our Philippines to be great again.
3. If you are in the shoes of Macli-ing Dulag, would you do the same? Explain
your answer.
Yes, I would make the same decision as he did because, for me, the lives and
welfare of my community are important to me. I would defend and protect our
land, which we call our home, as it was gifted to us for us to cherish, respect,
preserve, and live on it, making good memories and maintaining what we have
inherited from our forefathers and living in a community as one. In doing so, I
will be fulfilling my role as a member of the lovely community that I live in,
which is freely granted to me ever since.