Professional Documents
Culture Documents
§There was the existence of laws created by the §When the encomienda was abolished due to the
Datu who was advised by his council of elders. abuses committed against the natives, the
Laws that deal with property, inheritance, divorce, provincial system was adopted. In the local
child custody and dowry already existed. Judicial government, the pacified provinces were referred
trials were also held and headed by the Datu or to as Alcaldias and was headed by the Alcalde
Rajah. mayor. Local towns were referred to as pueblos
and had the gubernardorcillo as chief. The
§In Mindanao, where the Muslim religion started pueblos were divided into barrios, or barangays,
to spread, the Sultanate of Sulu was formed in the where the cabeza, the only position where a
15th century, while the Sultanate of native may be appointed, is the leader.
Maguindanao, in the 16th century.
§THE FILIPINO REVOLTS
§SPANISH COLONIZATION PERIOD
§The Filipinos, from the beginning of colonial
§The advent of colonization began with the arrival oppression have always found themselves in
of Spain through Ferdinand Magellan in 1521. defiance and struggle. Abuses of the
Soon after, the Philippines was a crown colony of encomenderos, the forced labor, the tribute and
Spain through Mexico from 1565 to1821, as such, forced religious conversion were the most often
Spain ruled with the help of the Council of the reasons of grievances. As a result, rebellions and
Indies, created in 1524, which was an overseas resistance broke out, more than a hundred in all,
ministry governing the colonies of Spain. The in the cry for freedom.
head of the council was the Viceroy of Mexico.
Las Leyes de Indias were the laws that Spain §Out of these, eventhough short of victory, heroes
implemented in the colony. rose in the likes of Rajah Sulayman, Diego and
Gabriela Silang, Dagohoy and Hermano Pule.
§In 1868, a revolution ousted Queen Isabel II splinter of the dissolved Liga Filipina that included
giving way to a liberal government under Andres Bonifacio and Deodato Arellano, its first
Marshal Regent Francisco Serrano. His President.
appointment to Gov. Gen. Carlos Ma. Dela Torre
§After its discovery in 1896, the Katipunan
offered democratic reforms for various sectors like
government now under its leader Supremo
the native military, the secular priests, the
Andres Bonifacio declared separation from Spain
education of the natives and freedom of the
in Aug. 26, 1896 in Pugadlawin, Balintawak
press. However these all were abolished when
resulting to a nationwide revolution.
Serrano was deposed. Dela Torre was the
relieved from office by Gov. Gen Izquierdo. His §After the end of exile and on his way to Cuba as
rule is referred as the “restoration of terror” a physician, Rizal was returned to the Philippines
to face the case of rebellion as he was accused
§In January 1872, the failed attempt of the Cavite
as the leader and inspiration of the revolution. He
Mutiny by native soldiers against the government
was found guilty and was executed on December
resulted to a case of rebellion against three
30, 1896. His death drew more men and women
secular priests Fathers Gomez, Burgos and
to join the fight for freedom.
Zamora. They were convicted and were executed.
§In Manila, Bonifacio was repeatedly defeated
§The disappointment of the “Ilustrados” in Europe
and to strengthen it further, Bonifacio proceeded
over the fate of Gomburza pushed for the
to Cavite, the most successful province against
formation of the Propaganda Movement, an
Spain. To unify the Magdiwang and the
action for reforms.
Magdalo factions of Cavite, the Tejeros
§The Propaganda was active for years and was Assembly was conducted. The assembly
most effective during the period of del Pilar, resulted to the dissolution of the Katipunan and
Ponce and Jaena and Rizal. The news organ La the birth of the Revolutionary government of
Solidaridad was in circulation for years to the Philippines that elected Gen. Emilio
address the grievances of the Filipinos against Aguinaldo as President.
Spanish oppression. The “Noli Me Tangere’,
§Bonifacio’s protest to the election and
Rizal’s first novel was considered as the most
non-recognition of the revolutionary government
powerful weapon the Propaganda ever had
resulted to a case of treason which sentenced
against Spain.
him to death.
§However, the disunity among the members
§After Bonifacio’s death the Spanish force was
dismayed Rizal and he resigned his leadership.
reinforced Gov. Gen. Fernando Primo de Rivera,
He returned to Manila where he secretly formed
and Aguinaldo lost Cavite eventually. The
the Liga Filipina, a civic association. Rizal’s
Biak-na-Bato Republic under Aguinaldo was
political plans were disrupted when the
established in 1897 upon the government’s
government exiled him to Dapitan.
retreat in Bulacan. It ratified the Biak-na-Bato
§The exile of Rizal resulted to the dissolution of Constitution drafted by Isabelo Artacho and
the Liga by its affluent members. On the other Felix Ferrer.
hand, the Katipunan, otherwise known as the
§While in Biak-na-Bato, the governments of Spain
Kataas-taasang Kagalang-galangang
and the Republic reached a truce called as the
Katipunan ng Mga Anak ng Bayan (KKK), was
Pact of Biak-na-Bato.
created as a secret organization against the
Spain immediately after. It was founded by a
§In the hope of ending the revolution, the pact §Upon the advice of Premier Apolinario Mabini
provided for the exile of the Aguinaldo the government shifted once more to its
administration upon the immediate initial payment revolutionary state in the attempt to stabilize a
of P400,000 to the revolutionaries. true democratic state that will appeal to the favor
and recognition of the United States.
While the government was in exile, the Hong
Kong Junta was established with Felipe Agoncillo §On August 13, 1898, the Fall of Manila was
as President. achieved when the Spaniards under Gov. General
Fermin Jaudenes preferred to surrender to the
The pact proved to be a failure in that the
Americans under Dewey rather than to the
revolution continued after Aguinaldo’s exile
Filipinos. Generals Antonio Luna and Gregorio del
considering that only a few firearms were
Pilar were not allowed to enter Manila walls by the
surrendered while the generals who remained did
allied Americans.
not cease to fight.
§Immediately after, U.S. President William
§While in exile at Hong Kong, Aguinaldo worked
McKinley ordered that a Military Government be
on his return to the Philippines. Realizing that the
established. The first Military Governor of the
Spanish-American War already broke out, he was
Philippines was Gen. Wesley Merritt who was
able to negotiate an unstable alliance with the
succeeded by Gen. Elwell Otis. The last was Gen.
United States through Commodore George
Arthur Mac Arthur.
Dewey.
§
§On May 1, 1898, the American Asiatic Squadron
destroyed the Spanish armada in the Battle of §THE FIRST REPUBLIC and the
Manila Bay. Aguinaldo returned to Cavite while PHILIPPINE-AMERICAN WAR
the Americans were entering Manila.
§On September 15, 1898, the Malolos Congress
§The dictatorial government under Aguinaldo was was inaugurated at the Barasoain Church,
established upon the advise of his cabinet. Malolos, Bulacan. Its first task was to draft a
constitution needed for the formation of a
§The revolution regained strength as the
republic.
Philippine army defeated the Spaniards in the
provinces from southern Tagalog, to the north, §On November 29, the Congress approved the
and in the Visayan islands. Malolos Constitution which was drafted by Felipe
With much debates regarding some provisions,
§On June 12, 1898, the culmination of all the
that included the issue on the separation of
sacrifices of all Filipino heroes and martyrs was
Church and State, Aguinaldo finally approved it
reached when the Independence of the
on January 21, 1899.
Philippines was proclaimed by Aguinaldo in his
residence at Kawit, Cavite. §On the 10th of December 1898, the Treaty of
Paris was signed. Aguinaldo sent Felipe Agoncillo
§The national flag was waved while the Marcha
as Philippine emissary, and was tasked to insist
Nacional Filipinas, the national anthem, was
the recognition of Philippine independence by
played.
Spain and the United States. Agoncillo was not
§The Second Revolutionary Government was recognized.
established after the day of independence.
§In the treaty, Spain transferred her possession of
the Philippines to the United States via cession
together with Puerto Rico and Guam for a served as the lower house of the bicameral
compensation of $20 million. legislature wherein the Philippine Commission
served as the Upper House.
§On January 4, 1899, Governor Otis made public
the President McKinley Proclamation (on the US §The first leaders of the Philippine Assembly were
occupation of the Philippines). Aguinaldo and the Sergio Osmena, who served as House Speaker,
government in Malolos protested against the US and Manuel Luis Quezon who served as Majority
proclamation. Floor Leader.
§AMERICAN OCCUPATION
§The Presidential election of 1935 made Manuel §On May 5, 1943, Premier Hideki Tojo publicly
L. Quezon as first Commonwealth President with promised independence to the Filipino people. As
Sergio Osmena as Vice President. a result, the Philippine Preparatory Commission
was organized to draft a Constitution. The
§Under the 1935 Constitution national defense Philippine Constitution was finished on
was the priority of the government. September 4 and was ratified by the
Constitutional Assembly.
§Under the Commonwealth, new government
offices were created, new cities were created, §The election of the delegates to the National
women were allowed to vote and Filipino, based Assembly was held on September 20. On the
on Tagalog, became the national language. In the 25th, the Assembly elected the Speaker and the
1940 plebiscite, the Presidential tenure of 6 years President of the future republic. Benigno Aquino
with no reelection was amended to 4 years with
was elected Speaker while Jose P. Laurel Nacionalista’s Sergio Osmena. Roxas became
became the President of the Second Republic. the third, and last President of the
Commonwealth.
§Jorge Vargas ended his term as chairman of the
Philippine Executive Commission. §On July 4, 1946, the independence of the
Philippines and the inauguration of the Third
§On August 1, 1944, President Quezon died while
Philippine Republic were highlighted by the
in exile. Osmena was then sworn to office in
lowering of the American flag by American
Washington D.C. as President of the
Ambassador Paul McNutt and the raising of the
Commonwealth.
Philippine flag by President Manuel Roxas.
§On October 20, about 174,000 American troops
§THE PRESIDENTS OF THE THIRD REPUBLIC
arrived at Leyte with USAFFE Commander Gen.
WITH THEIR ACCOMPLISHMENTS
Mac Arthur and President Sergio Osmena. The
“Battle of Leyte Gulf”, the largest naval battle in §Manuel Roxas (LP) 1946-48
world history gave the Japanese their conclusive
§His VP was Elpidio Quirino.
defeat against the Allied forces.
§The rehabilitation of the country after the war
§On January 5, 1945, MacArthur landed in
was achieved through the U.S. Grant of $25
Lingayen. Manila, with all its destruction and million loan and UNRRA $10 million;
casualties, was won in February. The
Commonwealth government was restored in §U.S.- Philippines military bases agreement;
Manila. §The Bell Trade Act (free trade relations with the
U.S.;
§On July 5, 1945, Mac Arthur finally announced
the liberation of the Philippines. §The Parity Amendment gave U.S. citizens equal
rights with Filipinos to develop natural resources
§To force Japan to her unconditional surrender, in the country and operate public utilities.
the cities of Hiroshima and Nagasaki were
destroyed by the Americans with their new §Roxas died of heart attack in April of 1948 at
weapon, the atomic bomb. Clark Air FIeld.
§On August 15, 1945, the Japanese finally §Elpidio Quirino (LP) 1948-49-53
surrendered to the Allied forces in a formal
§VP was Fernando Lopez
signing aboard the USS Missouri.
§The Bell Mission report was conducted
§On August 17, 1945, Jose P. Laurel, in Nara,
§Creation of economic institutions like the ACCFA
Japan, dissolved the Second Republic of the
and PACSA
Philippines.
§Infrastructures such as the Maria Cristina and
§THE THIRD REPUBLIC the Ambuklao dam project
§On June 9, 1945, the Philippine Congress §In social welfare, the Boys’ Town of the
convened for the first time after the war. Brig. Philippines
Gen. Manuel Roxas was elected Senate
§An excellent ambassador of goodwill and
president.
friendship; was able to improve foreign affairs
§In the election of April 1946, Manuel Roxas of
§ His government was tainted with accusations of
the newly founded Liberal Party won against
graft and corruption like the damaging scam on
the U.S. War Surplus Property amounting to $50 §Stabilization of government finances by means
million with $20 million in question and allegation of more effective collection of taxes, imposing
that Liberal Party used it for its election campaign; new tax laws, and getting loans from foreign
administration failed in its Hukbalahap peace banks and governments;
program due to insincerity.
§ Greater production of rice by promoting the IR-8
§Ramon Magsaysay (NP) (1953-57) hybrid "miracle rice" and other fast-growing rice
seeds, and the construction of more irrigation
§VP was Carlos P. Garcia
systems;
§The “Man of the Masses”
§Infrastructures of bridges and roads like the
§Success in the Hukbalahap amnesty program; north diversion road;
opened Malacanang for the people;
§Most number of schoolhouses by a president;
§The formation of SEATO; the Laurel-Langley
Agreement; §The improvement of the Philippine National
Railways;
§The Philippines-Japan Reparations Agreement;
founding of the Social Security System; §Intensive operations against smuggling, crime
§ The land tenure reform act to address agrarian syndicates, and the communist New People’s
problems. Army (NPA);
§Died of plane crash on March 17, 1957 §Holding of the Manila Summit Conference in
1966;
§Carlos P. Garcia (NP) 1957-61
§Ferdinand Marcos (1969-73): (KBL)
§VP was Diosdado Macapagal (LP)
§Second term was marred by overspending in the
§The “Filipino First” Policy;
1969 elections the led to higher inflation and the
§The Austerity Program; "floating peso” devaluated;
§The Bohlen-Serrano Agreement §The prevalence of dirty politics,
§Diosdado Macapagal (LP) 1961-65 §Rampage of graft and corruption in government,
§VP was Emmanuel Pelaez §The widening gap between the rich and the poor,
§The Decontrol program; §The impotency of the 1935 constitution to cope
§The Agricultural Land Reform law; with the new socio- economic problems and the
rising tides of crimes, communism and subversion
§The official Philippine claim to Sabah; resulted to student power and demonstrations.
§He wanted to speak to Marcos and present to §The Agrava report implicated seven military men
him his rationale for the country's return to headed by Brig. Gen. Luther Custodio, chief of
democracy. the AVSECOM. The four other members,
however, implicated twenty-five military men
§On August 2l, 1983 former Senator “Ninoy”
headed Gen. Fabian Ver (AFP Chief of Staff),
Aquino returned to the Philippines. A few steps
major Gen. Prospero Olivas (PC/Metropolitan
after leaving the plane multiple gunshots were
Command) and Gen Custodio.
heard. Aquino was shot dead in the head at the
tarmac of the Manila International Airport while in §The reports were submitted to the
the custody of the Aviation Security Command Sandiganbayan for a trial which decided for the
(AVSECOM) guards. acquittal of all 26 accused. The people
protested the decision with rallies and
§Conflicting reports on the assassination and that
demonstrations flooding the streets of Metro
of his alleged killer, Rolando Galman, were
Manila.
assigned to an investigation by the presidential
fact-finding board. §By 1985, the political and economic instability in
the country faced fears that the violent overthrew
of the Marcos dictatorship was forthcoming.
§In 1986, Mrs. Aquino was invited to deliver a §The Aquino administration also faced a number
speech in the U.S. Congress. The speech dealt of natural disasters such as the eruption of Mt.
on the struggle of the Filipino people against Pinatubo in 1991 which devastated the economy
dictatorship and for the restoration of democracy. of the Philippines. The disaster coincided with the
termination of the U.S.-Philippines Military Bases
§The members of the U.S. Congress gave her a Agreement in the Philippines.
standing ovation.
§The Central Luzon earthquake in 1990 resulted
§Aquino was likewise selected as Time to 1, 700 casualties and a burden of infrastructure
Magazine's Woman of the Year in 1986. problems for the administration.
§As provided for in the 1987 Constitution, the §The power problem also plagued the term of
government launched, in July 1987, the Aquino resulting in repeated brown-outs
Comprehensive Agrarian Reform Program nationwide.
(CARP) by virtue of R.A. 6657.
§The Presidents of the 5th Republic of the
§Unlike the P.D. 27 of Marcos which only covered Philippines under the 1987 Constitution
private agricultural lands devoted to rice and corn,
the CARP covers all private or public agricultural §Fidel V. Ramos (UNDP-NUCD)
lands regardless of crops grown.
1992-1998
§The government has also exerted efforts to
Vice President: Joseph Ejercito Estrada
recover the so-called ill-gotten wealth of the
Marcos family and their cronies through the §Joseph E. Estrada (PMP)
Presidential Commission on Good
(1998-2001)
Government (PCGG).
Vice President: Gloria Macapagal-Arroyo
§During her term, Aquino repeatedly faced coup
attempts. §Gloria Macapagal-Arroyo
(NUCD-UNDP) The power is inherent because the sustenance of
government requires contribution from the citizens.
(2001-2004-2010) legislative
The power of taxation is legislative in character
Vice President: because only the legislature can make tax laws. It is
an exercise of the high act of the sovereignty to be
Teofisto Guingona (2001-2004)
performed only by the legislature upon consideration
Noli de Castro (2004-2010) of the policy, necessity and public welfare. Having the
power to tax, it must also possess the sole power to
§Benigno Simeon Aquino III (LP) prescribe the means by which the tax shall be
collected, and to designate the officers through whom
§(2010-2016) it shall be enforced.
Purposes of Taxation
Vice President: Jejomar Binay The primary purpose of taxation is to raise revenues
for public needs so that the people may be enabled to
§Rodrigo R. Duterte (PDP/LABAN) live in a civilized society.
It may be increased in order to stabilize prices and
(2016-PRESENT)
stimulate greater production; taxes on imports may be
Vice President: Leni Robredo increased to favor domestic production; or be
decreased to encourage foreign trade.
TAXATION It can also mobilize capital to be poured into capital
deficient fields of business.
Fundamentals of Taxation Thus, taxation is an instrument of fiscal policy that
•The beginning of the idea of taxation cannot be dated influences the direction and structure of money supply,
in the continuum of our history. It came as a matter of prices and of the national economy.
survival for the government. Bases of Taxation
•The development of tax law as a comprehensive and The power of taxation originated from the theory that
general system is a recent phenomenon resulting from the existence of a government is a necessity. No
the evolution of taxes and increasing state-economy government, whether democratic or despotic, can
relationship. exist without resources to finance its operations.
•A tax law is a body of rules passed by the legislature A true tax is an exaction for revenue that is for the
by virtue of which the government acquires a claim or support of the government.
property as a matter of legal duty or obligation by Inherent Limitations of the Power of Taxation
operation of law. 1. Limitation of public purpose – A tax is for public
What is a Tax? purpose where it is for the support of government, or
•Tax is a compulsory contribution to the government’s any of the recognized object of the government, or
revenue, levied by the government on workers' income where it will directly promote the welfare of the
and business profits, properties and property rights or community in equal measure.
added to the cost of some goods, services, and 2. Limitation of territorial jurisdiction – The general
transactions. rule is that sovereignty of a state extends only as far
What is Taxation? as its territorial jurisdiction. It follows that its taxing
Taxation is the power of the sovereign to impose power does not extend beyond its territorial limits, but
burden or charges upon persons, property or property within its limit, it may tax persons, property, income or
rights for the use and support of government in order business.
to enable it to discharge its function. 3. Limitation of double taxation – Double taxation
Nature of Taxation Power may be understood as direct duplicate taxation which
Inherent means taxing twice by the same public authority for
The power of taxation is an essential and inherent the same purpose during the taxing period some of
attribute of sovereignty, belonging as a matter of right the property in the territory in which the tax is paid
to every independent government. The government without taking all of them a second time.
possesses it without being conferred by the people.
4. Limitation of non-delegation of taxing power – Classification of Taxes
The constitution provides that sovereignty resides in 2.ACCORDING TO OBJECT
the people and all government authority emanates a.Personal, Captivation or Poll Tax – imposed on
from them. Under a republican form of government, individuals within the jurisdiction of the taxing power,
the people created a legislative department for the without regard to the amount of their property or
exercise of their legislative power manner in which occupation in which they are engaged. Ex. residence
those rules shall be given effect. The power cannot be tax
delegated to the President and to local government. b.Property Taxes – computed upon the valuation of
However, it may be delegated to the municipal property and assessed at the owner’s domicile,
corporations which are the instrumentalities of the although privileges may be included in the valuations
state for the better administration of the government in Ex. real state tax
matters of local concerns. c.Excise Tax – imposed directly by the legislature and
5. Limitation of exemption of government agency the sum is measured by the amount of business done
or instrumentality – The general rule is that agencies or the extent to which the privilege has been enjoyed
and instrumentalities of the government is exempted or exercised.
from taxation. So, properties owned by the Philippine Classification of Taxes
government, any province, city, municipality, or 3.ACCORDING TO SUBJECT
municipal districts are exempted from taxation. a.Direct Tax – when the person on whom the tax is
However, government entities performing imposed absorbs the tax or bears it.
profit-making activities are not exempted from Ex. Income Tax
taxation. b.Indirect Tax – charge paid by a person other than
Basic Principles of Taxation the one on whom it is legally imposed. Ex.
1. Fiscal adequacy – emphasizes the source of Value-Added Tax
revenue as a whole must be sufficient to meet the Classification of Taxes
expanding governmental expenses regardless of 4.ACCORDING TO DETERMINATION OF AMOUNT
business conditions, export taxes, trade balances, and a.Specific Tax – of fixed amount by the ear or
problems of economic adjustments. number, or by some standards of weight and
2. Equality or theoretical justice – refers to the use measurement, and requires no assessment other than
of revenues which must be believed based on the a listing or classification of the subjects to be taxed Ex.
taxpayer’s ability to pay. excise taxes on wines and liquors
3. Administrative feasibility – means that the tax b.Ad Valorem Tax – of fixed proportion, of the value
system must be clear to the taxpayers, can be of the property with respect to which the taxes are
enforced and is convenient and not burdensome or assessed, and require the intervention of assessors to
discouraging to a business activity. appraise the value of such property before the amount
Essential Characteristics of Taxes due from each taxpayer can be determined. Ex. real
1.It is an enforced contribution state tax, excise tax on cigars and cigarettes
2.It is exacted pursuant to legislative authority Classification of Taxes
3.It is contribution in money 5. ACCORDING TO AUTHORITY IMPOSING THE
4.It is levied upon person, property and property rights TAX
5.It is for the purpose of raising revenue a.National Taxes –levied and collected by the national
6.It must be for public purpose government Ex. Income Tax
7.It must be proportionate in character b. Municipal Tax – levied and collected by the
Classification of Taxes municipal government Ex. Real Estate Tax
1.ACCORDING TO PURPOSE Classification of Taxes
a.Fiscal Taxes – designed to raise revenues for 6. ACCORDING TO RATE
governmental needs. Ex. Percentage tax on locally a.Proportional Tax – based on a fixed percentage
manufactured commodities regardless of the amount of income, property or other
b.Regulatory Taxes – designed to achieve some bases to be taxed, a single rate being applied to
social and economic goals irrespective of whether different objects with different values.
revenue is actually raised or not. Ex. protective tariff or b.Progressive Tax –the tax rate increases as the tax
custom duties base increases. Ex. income tax
c.Regressive Tax –the effective rate decreases as the
base increases. Ex. Value-Added Tax