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REVIEWER GEd 105 SEMI B. Philippine Autonomy Act of 1916


• "Jones Law after its author William
1. WHAT IS CONSTITUTION? Atkinson Jones
• Explicitly stated that it was and had
• A constitution is a basic principles and
always been the purpose of the people
laws of the nation, states pr social
of the United States to end their
group that determine the power and
sovereignty over to the Philippine
duties of the government and
Islands
guarantee certain rights to the people
in it. It is a written instrument
C. Tydings - McDuffie Act of 1934
embodying the rules of a political or
• Provide authority and define
social organization. (Merriam-Webster
mechanisms for the establishment of a
n.d )
formal constitution via a constitutional
2. THE 1897 CONSTITUTION OF BIAK - NA - convention.
BATO • Sponsored by Senator Millard E.
Tydings (Dem.) of Maryland and
• On November 1, 1897 at Biak-na-Bato Representative John McDuffie (Dem.)
in the town of San Miguel De Mayumo of Alabama
in Bulacan was known Constitutional • Commonwealth Law
Provisional de la Republica de Filipinas
written and promulgated in Spanish. 5. THE 1935 CONSTITUTION
(1935-1943, 1945-1973)
3. THE 1899 MALOLOS CONSTITUTION
• The 1935 Constitution was written in
(1599-1901) 1934 also known as the old
• On January 20, 1899 at Barasoain constitution
Church in Malolos Bulacan the Malolos • It's approved and adopted by the
Congress proclaimed, enacted and Commonwealth of the Philippines
ratified "Constitucion Politica" (Political (1935-1946) and later used by the Third
Constitution. Republic (1946-1972)
• Written with an eye to meeting the
4. ACT OF THE UNITED STATES CONGRESS approval of the United States
(1902-1934) Government.
• December 10, 1898 to March 24, 1934
• The united states congress passed (3) 6. THE 1943 CONSTITUTION
acts (1943-1945)
• Philippines Organic Act of 1902 The 1943 Constitution was drafted by a
• Philippine Autonomy Act of 1916 committee appointed by the Philippine
• Tyding's McDuffie Act of 1934 Executive Communission
• The 1943 constitution provided strong
A. Philippines Organic Act of 1902 executive powers. The legislative
• "Philippine Bill of 1902 Or Cooper Act consisted of unicameral national
after its author Henry Cooper assembly and only those considered to
• was the first organic law for the be anti-US could stand for election,
Philippine Islands enacted by the United although in practice most legislator
States were appointed rather the elected.
• Provide for the creation of a popularly • It is also known as the Japanese
elected assembly sponsored or puppet constitution
 Philippine Commission
 Philippine Assembly
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7. The 1973 Constitution (1973-1986) 9. The 1987 Constitution (1987-


• The 1973 Constitution, promulgated Present)
after Marcos’ declaration of martial law, • The Constitutional Commission was
was supposed to introduce a composed of fifty members appointed
parliamentary-style government. by Pres. Corazon Aquino from varied
Legislative power was vested in a backgrounds including several former
unicameral National Assembly whose members of the House of
members were elected for six-year
terms.
• It is called the Marcos Constitution Representatives, former justices of the
 The 1976 amendments were: Supreme Court, a Roman Catholic
a. An Interim Batasang Pambansa (IBP) bishop and political activists during the
substituting for the Interim National Marcos regime. The Commission
Assembly; elected Cecilia Munoz-Palma, a former
b. The President would also become the Associate Justice of the Supreme Court,
Prime Minister and he would continue as the president.
to exercise legislative powers until such • Lino Brocka film director and political
time as martial law as lifted. activist who was member of the
• The 1973 Constitution was further Commission, walked out before the
amended in 1980 and 1981. In the 1980 constitution’s completion, and two
amendment, the retirement age of the other delegated dissented from the
members of the judiciary was extended final draft.
to 70 years. • This constitution is also called Cory
• In the 1981 amendments, the false constitution
parliamentary system was formally • The Commission finished the final draft
modified into a French-style semi- on October 23, 1986 and presented it to
presidential system: Aquino n October 15, the constitution
a. Executive power was restored to the was ratified by a nationwide plebiscite
President; on February 8, 1987.
b. Direct election of the President was
restored; Preamble
c. An Executive Committee composed of Article I-National Territory
the Prime Minister and not more than Article II- Declaration of Principles and
14 members was created to “assist the State Policies
President in the exercise of his powers Article III- Bill of Rights
and functions and in the performance Article IV- Citizenship
of his duties as he may prescribe,” and Article V- Suffrage
the Prime Minister was a mere head of Article VI- Legislative Department
the Cabinet. Article VII- Executive Department
• The last amendments in 1984 abolished Article VIII- Judicial Department
the Executive and restored the position Article IX- Constitutional Commissions
of Vice-President) which did not exist in Article X-Local Government
the original unamended 1973 Article XI- Accountability of Public
Constitution). Officers
Article XII- National Economy and
8. The 1986 Freedom Constitution Patrimony
(1986-1887) ARTICLE XIII-SOCIAL JUSTICE AND
• Immediately following the 1986 People HUMAN RIGHTS
Power Revolution that ousted Marcos, ARTICLE XIV-EDUCATION, SCIENCE AND
President Corazon C. Aquino issued TECHNOLOGY, ARTS, CULTURE AND
Proclamation No. 3 as a provisional SPORTS
constitution. It adopted certain
precisions from the 1973 Constitution
while abolishing others.
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ARTICLE XV-THE FAMILY POST-WAR ERA


ARTICLE XVI- GENERAL PROVISIONS  On July 4, 1946, when the Philippines
ARTICLE XVII -AMENDMENTS OR gained its independence from the
REVISIONS United States, the Bureau was
ARTICLE XVIII-TRANSITORY eventually re-established separately.
PROVISIONS  In 1951, the withholding tax system was
adopted by Republic Act (RA) 690.
BRIEF HISTORY OF PHILIPPINE  From 1954 to 1957, major
TAXATION reorganizations took place in the
Bureau which created various offices,
SPANISH ERA including the setting up of regional
 During the 17th and 18th centuries, the offices in Cebu and Davao in 1995.
Contador De` Resultas served as the
Chief Royal Accountant whose function  In January 1957, the position title of the
were similar to the commissioner of head of the Bureau was changed from
internal revenue today. collector to commissioner. The last
 He was the chief arbitrator whose collector and the first commissioner of
decision on financial matters was final the BIR was Jose Arañas.
except when revoked by the council of  In 1958, the tax Census Division was
Indies. established to consolidate all
 During those times, taxes were statements of assets, incomes and
collected from the inhabitants varied liabilities of all individual and resident
from tribute or head tax of one gold corporations in the Philippines into a
maize annually; tax on value of National Tax Census.
jewelries and gold trinkets; indirect  On June 19, 1959 the rewards Law (RA
taxes on tobacco, wine, cockpits, burlas, No. 233) was passed to strictly enforce
and powder. the payment of taxes and to further
discourage tax evasion, whereby
AMERICAN ERA informers were rewarded the 25%
 In the early American regime from the equivalent of the revenue collected
period 1898 to 1901, the country was from the tax evader.
ruled by American military governors.
 In 1902, the first civil government was WHAT IS TAXATION?
established under William H. Taft. – It refers to compulsory or coercive
However , it was only during the term money collection by levying authority
of second civil governor Luke E. Wright usually a government.
that the Bureau of Internal Revenue – Usually referred to as an act; resulting
(BIR) was created in July 2, 1904 revenue is usually called taxes.
 The second American collector was Ellis – Which governments finance their
Cromwell (1909-1912) expenditure by imposing charges on
 The third was William T. Holting (1912- citizens and corporate entities.
1214) – Refers to the practice of a government
 The fourth American collector was collecting money from its citizens to pay
James J. Rafferty (1914-1912) for public services.
JAPANESE ERA – Without taxation, there would be no
 Under the Japanese regime (1942- public libraries or parks.
1945), the Bureau was combined with – It does not require consent from the
the Customs Office and was headed by payor and the payment is not directly
a Director of Customs and Internal tied to any good bought or services
Revenue. rendered.
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– The government compels taxation – B.NATIONAL LAW


through penalties and imprisonment. • NATIONAL INTERNAL REVENUE CODE
– Taxation is legally different than REPUBLIC ACT NO. 8424 or TAX
extortion or a protection racket REFORM ACT OF 1997
because the imposing institution is a • REPUBLIC ACT NO. 10963 or the TAX
government, not a private actors. REFORM FOR ACCELERATION AND
– Taxation occurs on both physical INCLUSION ACT OF 2017.
assets, such as property, and specific • REPUBLIC ACT NO. 7160 or the LOCAL
events, such as sales transactions. GOVERNEMNT CODE OF 1991.
– One of the most critical and
contentious issues in modern politics. KINDS OF TAXES
 DIRECT TAXES
WHY DOES THE GOVERNMENT That is paid from your income and
COLLECT TAXES? properties.
• To provide basic services such as Example:
education, health, infrastructure and Personal and corporate income taxes,
other social services for all. property and capital taxes.
For connectivity and industrial and • INCOME TAX-
agricultural facilities • direct tax paid by an individual or
organization imposed on:
WHO PAYS TAXES? • COMPENSATION INCOME-
• Income tax Salaries, wages, taxable bonuses,
Wherein people with higher income fringe benefits and other allowances.
should pay more. BUSINESS INCOME- Practice of
•Consumption Tax profession, trades, gains from sale of
The more you consume, the assets, and other income not covered
higher the tax you pay. by compensation.
•Another case: • PASSIVE INCOME- tax and
Filipinos living abroad. deposits, royalties and dividends.

WHERE DO MY TAXES GO?  INDIRECT TAXES


• Used to fund social services and • COLLECTED BASED
investments in infrastructure and CONSUMPTION.
human capital development. • Examples:
Excise taxes
• Taxes get directly transferred to the VAT
poorest through targeted transfers. Percentage tax
4Ps, pension for senior citizens, Documentary stamp tax (DST)
allowance for PWDs, and Phil Health)
• VALUE-ADDED TAX
LEGAL BASES OF PHILIPPINE TAXATION Imposed on goods and services.
• Governed chiefly by the Constitution of Typically passed on to buyer as part of
the Philippines and three Republic the selling price.
Acts. VAT rate since 2006, but there are
A. ARTICLE VI, SECTION 28. many exemptions.
The rule of taxation
shall be equitable and that congress • PERCENTAGE TAX
shall evolve a progressive system of • Imposed on persons or
taxation. entities/transactions: who sell or lease
goods, properties or services in the
course of trade or business and are
exempt from VAT.
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• Section 109(w) of the National Internal • Achieve the 100% enrollment and
Revenue Code as amended, whose completion rates
gross annual sales and receipts don not
exceed Php 1,919,500 and who are not • Build 113,553 more classroom
VAT- registered; and engaged in • Hire 181,980 more teachers between
businesses specified in Title V of the 2017 and 2020
National Internal Revenue Code.
 HEALTHCARE SERVICES
C. NATIONAL TAXES With the tax reform, we can invest more in our
• The taxes imposed by the national country’s healthcare by providing better
government of the Philippines include, services and facilities:
but are not limited to: • Upgrade 704 local hospitals and
establish 25 local hospitals
 Income tax(Compensation, Business, • Achieve 100% Phil Health coverage at
Passive) higher quality of services
 Estate Tax • Upgrade and/or relocate 263 rural and
 Donor’s tax
urban health units to disaster-resilient
 Value-Added Tax
 Percentage tax facilities
 Excise tax • Build 15,988 new barangay health
 Documentary Stamp Tax stations
• Build 2,424 new rural health units and
D. Local Taxes urban health centers
• Between 2017 and 2022, hire an
• Main sources of revenues of the local
additional 2,424 doctors, 29,466 nurses,
government units is the REAL
1,114 dentists, 3,288 pharmacists,
PROPERTY TAX, which is a tax imposed
2,682 medical technologist, 911 public
on all types of real properties including
health associates, and 2,497 UHC
land, buildings, improvements and
implementers
machinery.

• Another source of revenue is local  INFRASTRUCTURE PROGRAMS


ordinances such as parking fees and • The additional revenue raised by the
the like. reform will be used to fund the
infrastructure program of the
WHAT IS TRAIN LAW? Department of Public Works and
Highways (DPWH), which consists of
 Is the first package of the
major highways, expressways, and flood
comprehensive tax reform program
control projects. Funding these is
(CTRP) envisioned by President
possible with tax reform for our country
Detente’s administration, which seeks
to sustain high and inclusive growth.
to correct a number of deficiencies in
the tax system to make it simpler,
Funds will be raised for major
fairer, and more efficient.
infrastructure projects, including:
 Also includes mitigating measures that • Bonifacio Global City-Ortigas Center
are designed to redistribute some of Link Road
the gains to the poor. • UP-Miriam-Ateneo Viaduct along
C-5/Katipunan
 EDUCATION • Camarines Sur/ Albay Diversion Road
• Pulilan-Baliuag Diversion Road
The tax reform will be able to fund investments
• Maasin-City Coastal Bypass Road cum
in education, achieving a more conducive
Sea Wall
learning environment with the ideal teacher-to-
student ratio and classroom-to-student ratio:
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• Tacloban City By-Pass Road Over the next century, the bells, passed through
• Panay East- West Road various military bases. Two are now in
• Daang Maharlika (Alternate Route) Wyoming, and one is on an army base in South
(NRJ-Mayor Semocrito D. Plaza II Korea, displayed to memorialize the battle.
Avenue-Las Nieves Section)
• Cagayan De Oro Diversion Road,  For G. Michael Schlee, the chairman of
Cagayan de Oro City the American Legion’s National Security
• Valencia City-Pangantucan Diversion Commission honors “the ultimate
Road sacrifice paid by the soldiers who died
in the battle.” Others question the US
Major features of the TRAIN are as follow: military’s ownership right.
1. Lowering the Personal Income Tax  Stephen Sheppard, dean of St. Mary’s
(PIT) University School of Law, wondered,
2. Simplifying the Estate and Donor’s Tax “Do we have the right to take their
3. Expanding the Value-Added Tax (VAT) private religious property to honor the
Base troops who died before we stole the
4. Increasing the Excise Tax of Petroleum bells?”
Products
5. Increasing the Excise Tax of  W. Fitzhugh Brundage, a history
Automobiles professor at UNC-Chapel Hill said that
6. Excise Tax on Sweetened Beverages “One of the fascinating and vexing
characteristics of symbols like these
LOCAL HISTORY monuments is that people want them
to have a single meaning.”
• A written history focusing on particular
town, district, or other limited area. Like Iraq and Afghanistan a century later,
however, a quickly military victory led to a long,
• The study of history in a geographically painful insurgency. The war officially ended in
local context and it often concentrates 1902, but fighting continued in the southern
on the local community. It incorporates islands for the next decade. Estimates of the
cultural and social aspects of history. death toll on the conflict vary from 2000,000 to
Oral history 6000,000.

Consist of spoken memories, stories, and songs. The unit’s commander, Captain Thomas E.
Connell, ordered his troops to arrest every able-
• Collection and study of historical bodied male and detain team-in works camps.
information about individuals, families, In a town that for years had suffered raids by
important events, or everyday life using slavers, Connell’s order was the, “nail in
audiotapes, videotapes, or Company C’s coffin,” wrote historian Bob
transcriptions of planned interviews. Couttie in his account of the battle.

FILIPINO-AMERICAN RELATIONS Few soldiers could reach their weapons. The


The Bells of Balangiga attack, sometimes called a massacre, was over
in twenty minutes. Seventy-eight men of
The soldiers of the 9th Infantry Regiment said Company C, forty-eight died and only three
the bells tolled during a surprise attack by escaped without wounds.
rebels in the port town of Balangiga in the
Philippines. General Jacob Smith told his troops he wanted
a “howling wilderness” and ordered any male
The Philippine American War, though soon over the age of ten killed. “I want no
forgotten, cost the lives of some 4,374 prisoners,” he said. “I wish you to kill and burn;
Americans. Forty-eight US soldiers died at the more you kill and burn the better it will
Balangiga, American worst military defeat since please me.”
the battle of Little Bioghorn in 1876.
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 Theodore Roosevelt, who was - it is a government initiative that aims to


responsible for the conduct of the war grant landless farmers and farm workers
in the Philippines for part of 1902. ownership of agricultural lands.
- signed into law by President
 In the reprisal for Balangiga, US troops Corazon C. Aquino on June 10, 1988.
are said to have killed as many as CARPER (Comprehensive Agrarian Reform
500,000 Filipinos. Program Extension with Reforms)
- it is the amendatory law that extends yet
 Jean Wall heard the story of Balangiga again the deadline of distributing
from her father, Adolph Gamlin, one of agricultural lands to farmers for five years.
the survivors of the battle. - it also amends other provisions
stated in CARP.
Couttie’s team traced the two larger bells to - signed into law on August 7, 2009.
Wyoming, where soldiers of the 11th Infantry Who are the beneficiaries of CARP?
Landless farmers
Regiment had taken them in 1904. The third,
agricultural lessees
smaller bell followed the 9th Infantry first to
tenants
Fort Sam Houston in Texas, in 1907, then the regular farmworkers
Fort Lewis in Washington, and finally to Camp seasonal farmworkers
Red Cloud in South Korea. There it hangs, in a DAR (Department of Agrarian Reform)
regimental museum with the words. - identifies and screens potential
April 9, 1902. beneficiaries and validates their
qualifications.
Returning the bells, they say, would be an What are the government offices involved
affront to veterans and amount to an “apology” in the program?
or “reward.” “Men fought and died in the DAR (Department of Agrarian Reform)
Filipino campaigns,” said Dennis Smith, a 9th DENR (Department of Environment of
Natural Resources)
Infantry veteran from Upper Sandusky, Ohio.
- these two are the lead agencies that
“They gives us those lives back, then maybe we in charge of the identification and
would consider it, but until then the bells can distribution of covered land and is
stay where they are.” commonly referred to as CARPable land.
How much land is subject to land reform?
“Bells that were taken from a site of a 7.8 million hectares of land is covered by
massacre that then prompted a retaliatory CARP
campaign… many may be interesting or How much land has been acquired and
educational,” said Brundage, “but it’s not likely distributed so far?
to leave someone uplifted or filled with  As of December 31, 2013, the
patriotism.” in his viewed, a full of nuanced government has acquired and
perspective on the bells requires acknowledging
distributed 6.9 million hectares of
land, equivalent to 88% of the total
that they represent different things for different
land subject to CARP.
people – colonialism and war crimes for  From July 2010 to December 2013,
Filipinos, valor and sacrifice for American the administration has distributed a
veterans. total of 751,514 hectares or 45% of
the total landholdings to be
The Balangiga survivor’s daughter, Jean Wall, distributed to the farmer
said that she was once against returning the beneficiaries left under this
bell. Today, he position has changed she now administration.
believes the 9th Infantry should keep one bell,  From this, DAR has distributed
Wyoming should keep another, and the third 412,782 hectares and DENR has
should be returned to the Church in Balangiga. already distrusted 338,732 hectares.
How much land does the government still
RA 6657 or CARP need to acquire for distribution from 2014
Comprehensive Agrarian Reform Program to 2016?
CARP (Comprehensive Agrarian Reform DAR still needs to acquire 771,795 hectares,
Program) while the DENR still needs to acquire
134,857 hectares – a total of 906,652
hectares.
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How will the government acquire the land


holdings?
Private lands
Under compulsory acquisition
The DAR will issue Notices of
Coverage to the original owners of the
landholdings.
Notice of Coverage (NOC)
- A letter informing a landowner that
his/her land is covered by CARP, and is
subject to acquisition and distribution to
beneficiaries.
Challenges encountered in the course of
acquiring and distributing private lands
Technical descriptions in the land titles were
found to be erroneous and had to be
corrected.
Potential beneficiaries argued among
themselves on who should or should not be
qualified as beneficiaries; this disputes had
to be mediated or resolved by the
government.

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